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161212 Council AGDTable of Contents Agenda 4 Minutes, November 28, 2016 Minutes, November 28, 2016 14 The Councillor's Guide to the Municipal Freedom of Information & Protection of Privacy Act (MFIPPA) Presentation 25 Application for Zone Change- ZN 7-16-08 (Heckford Developments)- 146 Tillson Avenue Report - ZN 7-16-08 47 Application Form 60 Explanatory Note 64 Key Map 65 Draft By-Law 66 Schedule 67 CL 16-36 The Municipal Freedom of Information & Protection of Privacy Act (MFIPPA) CL 16-36 MFIPPA 68 PP Councillor's Guide to FOI (3)71 CL 16-28, Multi-Year Accessibility Plan Update CL 16-28 93 Multi-Year Accessibility Plan 95 CL 16-32, Accessibility Achievement Award Cl 16-32 103 Nomination Criteria & Application 106 CL 16-33, 2017 Meeting Calendar CL 16-33 110 2017 Meeting Calendar 112 CL 16-34, Committee Appointments CL 16-34 113 Schedule A 115 CL 16-35, Canada 150 Community Leader Program CL 16-35 120 Letter to Municipality 122 Nomination Form 123 Community Leader Tool Kit 125 CL 16-37, Committee of Adjustment Appointment CL 16-37- Committee of Adjustment 132 Report DCS 16-38 Branded Merchandise Program Award Report DCS 16 - 36 133 Report DCS 16 - 38 136 FIN16-36 Bank Signing Authorities FIN16-36 Bank Signing Authorities 141 RCP 16-34 – Proposed Changes to the User Fee Policy 1 RCP 16-34 - Proposed Changes to the User Fee Policy 142 RCP Pricing Policy Proposed revisions Dec 2016 144 RCP 16-42 – Rotary Clock Tower Agreement RCP 16-42 - Rotary Clock Tower Agreement 149 Rotary Clock Tower Agreement 151 RCP 16-41 – Liability Insurance Coverage for Facility Rentals RCP 16-41 - Liability Insurance Coverage for Facility Rentals 153 Insurance Rates 155 Minutes, Accessibility Advisory Committee Minutes, November 9, 2016 156 Minutes, Airport Advisory Committee Minutes, November 24, 2016 161 Minutes, Canada 150 Committee Minutes, October 26, 2016 166 Minutes, November 11, 2016 169 Minutes, November 21, 2016 172 Minutes, Heritage, Beautification & Cemetery Advisory Committee Minutes, December 1, 2016 175 Minutes, Physician Recruitment Committee Minutes, November 2, 2016 179 Minutes, Town Hall Project Committee Minutes, November 24, 2016 183 By-Law 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. By-Law 4051 187 By-Law 4063, To appoint Dave Rushton as Director of Finance and Treasurer By-Law 4063 211 By-Law 4064, To amend By-Law 4013, being a by-law to adopt the Town of Tillsonburg RCP Pricing Policy By-Law 4064 212 By-law 4065, Being A By-Law to Amend Zoning By-Law No. 3295 (ZN 7-16-08-K.D. Heckford Developments) By-Law 4065 213 Explanatory Note 214 Schedule 215 By-Law 4066, To amend Schedule A of By-Law 3876, to Define the Mandate, Membership, and Meeting Procedures for Committees Established by The Corporation of the Town of Tillsonburg By-Law 4066 216 Schedule A 217 2 By-Law 4067, To authorize an Agreement between The Corporation of the Town of Tillsonburg and the Rotary Club of Tillsonburg (Rotary Clock Tower). By-Law 4067 222 Agreement 223 By-Law 4068, To confirm the proceedings of Council By-Law 4068 225 By-Law 4069, To Appoint a Committee of Adjustment for the Town of Tillsonburg By-Law 4069 To Appoint a Committee of Adjustment (Council)226 3 = 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, December 12, 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 28, 2016 Minutes, November 28, 2016 Proposed Resolution #2 Moved By: Seconded By: THAT the Minutes of the Council Meeting of November 28, 2016, be approved. 6.Delegations and Presentations 6.1. Presentation to Police Board Members - John Smith & David Palmer Presented By: Mayor Molnar The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, December 12, 2016 6:00 PM Council Chambers 200 Broadway, 2nd Floor AGENDA 4 Council Meeting – Agenda - 2 - 6.2. The Councillor's Guide to the Municipal Freedom of Information & Protection of Privacy Act (MFIPPA) Presented By: Mary Carr, Records Management Coordinator Presentation Proposed Resolution #3 Moved By: Seconded By: THAT Council receive the presentation regarding the Councillor's Guide to the Municipal Freedom of Information & Protection of Privacy Act (MFIPPA); AND THAT the information be referred to item 8.1.1 of the Agenda, Report CL 16-36, The Municipal Freedom of Information & Protection of Privacy Act (MFIPPA). 7.Public Meetings 7.1. Application for Zone Change - ZN 7-16-08 (Heckford Developments) - 146 Tillson Avenue Report - ZN 7-16-08 Application Form Explanatory Note Key Map Draft By-Law Schedule Proposed Resolution #4 Moved By: Seconded By: THAT Council approve the zone change application submitted by Heckford Developments, whereby the lands described as Part Lots 384 & 390, Lots 371 & 391, Plan 500, Town of Tillsonburg, known municipally as 146 Tillson Avenue are to be rezoned from ‘Service Commercial Zone (SC)’ to ‘Special Service Commercial Zone (SC-23)’ to permit a dance studio and mini-storage warehousing as additional permitted uses on the subject lands. 5 Council Meeting – Agenda - 3 - 8.Reports from Departments 8.1. Clerk’s Office 8.1.1. CL 16-36 The Municipal Freedom of Information & Protection of Privacy Act (MFIPPA) CL 16-36 Presentation Proposed Resolution #5 Moved By: Seconded By: THAT Council receive Report CL 16-36, The Municipal Freedom of Information & Protection of Privacy Act MFIPPA, as information. 8.1.2. CL 16-28 Multi-Year Accessibility Plan Update CL 16-28 Multi-Year Accessibility Plan Proposed Resolution #6 Moved By: Seconded By: THAT Council receive Report CL 16-28, Multi-Year Accessibility Plan Update; AND THAT Council endorse the amended 2014-2018 Multi-Year Accessibility Plan. 8.1.3. CL 16-32, Accessibility Achievement Award Cl 16-32 Nomination Criteria & Application Proposed Resolution #7 Moved By: Seconded By: THAT Council receive Report CL 16-32, Accessibility Achievement Award; 6 Council Meeting – Agenda - 4 - AND THAT Council endorse the Accessibility Achievement Award program; AND THAT staff be directed to circulate notice of the Accessibility Achievement Award to the public. 8.1.4. CL 16-33, 2017 Meeting Calendar CL 16-33 2017 Meeting Calendar Proposed Resolution #8 Moved By: Seconded By: THAT Council receive Report CL 16-33, 2017 Meeting Calendar; AND THAT the following regular Council Meetings be re-scheduled or cancelled for 2017: 1.Monday, February 27, 2017 is re-scheduled to Thursday, March 2, 2017 due to the OGRA Conference; 2.Monday, May 22, 2017 is re-scheduled to Tuesday, May 23, 2017 due to Victoria Day 3.Monday, July 24, 2017 is cancelled; 4.Monday, August 28, 2017 is cancelled; 5.Monday, October 9, 2017 is re-scheduled to Tuesday, October 10, 2017 due to Thanksgiving; 6.Monday, December 25, 2017 is cancelled; AND THAT the 2017 Meeting Calendar, be approved. 8.1.5. CL 16-34, Committee Appointments CL 16-34 Schedule A 7 Council Meeting – Agenda - 5 - Proposed Resolution #9 Moved By: Seconded By: THAT Council receive Report CL 16-34, Committee Appointments; AND THAT _____________, ______________, ________________, ______________, be appointed to the Canada 150 Committee; AND THAT _______________, be appointed to the Special Awards Committee; AND THAT By-law 4066, To amend Schedule A of By-Law 3876, be brought forward for Council’s consideration. 8.1.6. CL 16-35, Canada 150 Community Leader Program CL 16-35 Letter to Municipality Nomination Form Community Leader Tool Kit Proposed Resolution #10 Moved By: Seconded By: THAT Council receive Report CL 16-354, Canada 150 Community Leader Program; AND THAT ______________, __________________, __________________, _____________________ be nominated by Council as Tillsonburg's Canada 150 Community Leaders; AND THAT staff be directed to submit the nominations to the Federation of Canadian Municipalities. 8 Council Meeting – Agenda - 6 - 8.1.7. CL 16-37, Committee of Adjustment Appointment CL 16-37 Proposed Resolution #11 Moved By: Seconded By: THAT Council receive Report CL 16-37, Committee of Adjustment Appointment; AND THAT all members of Tillsonburg Town Council, be appointed to the Committee of Adjustment; AND THAT an Appointment By-law, be brought forward for Council’s consideration. 8.2. Development and Communication Services 8.2.1. DCS 16-38 Branded Merchandise Program Award DCS 16 - 36 DCS 16 - 38 Proposed Resolution #12 Moved By: Seconded By: THAT Council receive Report DCS 16-38, Branded Merchandise Program Award; AND THAT Talbot Marketing Inc., be awarded a three year contract to supply a branded merchandise program for the Town of Tillsonburg. 8.3. Finance 8.3.1. FIN16-36 Bank Signing Authorities FIN16-36 9 Council Meeting – Agenda - 7 - Proposed Resolution #13 Moved By: Seconded By: THAT Council receive Report FIN16-36, Bank Signing Authorities; AND THAT Council appoints the following as designated signing authorities for the Town’s general banking needs: Mayor Stephen Molnar or Deputy Mayor Dave Beres; and one of the following: Director of Finance/Treasurer, Dave Rushton; or Manager of Finance/Deputy Treasurer, Janelle Costantino. 8.4. Recreation, Culture & Park Services 8.4.1. RCP 16-34 Proposed Changes to the User Fee Policy RCP 16-34 RCP Pricing Policy Proposed revisions Dec 2016 Proposed Resolution #14 Moved By: Seconded By: THAT Council receive Report RCP 16-34, Proposed Changes to the User Fee Policy; AND THAT the User Fee Policy, be amended as per the attached draft; AND THAT a By-law, be brought forward for Council’s consideration. 8.4.2. RCP 16-42 Rotary Clock Tower Agreement RCP 16-42 Rotary Clock Tower Agreement Proposed Resolution #15 Moved By: Seconded By: THAT Council receive Report RCP 16-42, Rotary Clock Tower Agreement; 10 Council Meeting – Agenda - 8 - AND THAT Council authorize the Mayor and Clerk to sign the Agreement between the Town of Tillsonburg and the Rotary Club of Tillsonburg regarding the Clock Tower; AND THAT a By-law, be brought forward for Council’s consideration. 9. Staff Information Reports 9.1. RCP 16-41 – Liability Insurance Coverage for Facility Rentals RCP 16-41 Insurance Rates Proposed Resolution #16 Moved By: Seconded By: THAT Council receive Report RCP 16-42, Liability Insurance Coverage for Facility Rentals, as information. 10. Committee Minutes & Reports 10.1. Minutes, Accessibility Advisory Committee Minutes, November 9, 2016 10.2. Minutes, Airport Advisory Committee Minutes, November 24, 2016 10.3. Minutes, Canada 150 Committee Minutes, October 26, 2016 Minutes, November 11, 2016 Minutes, November 21, 2016 10.4. Minutes, Heritage, Beautification & Cemetery Advisory Committee Minutes, December 1, 2016 10.5. Minutes, Physician Recruitment Committee Minutes, November 2, 2016 10.6. Minutes, Town Hall Project Committee Minutes, November 24, 2016 11 Council Meeting – Agenda - 9 - Proposed Resolution #17 Moved By: Seconded By: THAT Council receive the Minutes of the Accessibility Advisory Committee for November 9, 2016, the Airport Advisory Committee for November 24, 2016, the Canada 150 Committee for October 26, 2016, November 11, 2016 and November 21, 2016, the Heritage, Beautification & Cemetery Advisory Committee for December 1, 2016, the Physician Recruitment Committee for November 2, 2016 and the Town Hall Project Committee for November 24, 2016, as information. 11. Notice of Motions 12. By-Laws By-Laws from the Meeting of Monday, December 12, 2016 Proposed Resolution #18 Moved By: Seconded By: 12.1. THAT By-Law 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, be read for a 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 #19 Moved By: Seconded By: 12.2. THAT By-Law 4063, To appoint Dave Rushton as Director of Finance and Treasurer; AND THAT By-Law 4064, To amend By-Law 4013, being a by-law to adopt the Town of Tillsonburg RCP Pricing Policy; AND THAT By-Law 4065, Being A By-Law to Amend Zoning By-Law 3295 (ZN 7-16-08), Explanatory Note, Schedule; 12 Council Meeting – Agenda - 10 - AND THAT By-Law 4066, To amend Schedule A of By-Law 3876, to Define the Mandate, Membership, and Meeting Procedures for Committees Established by The Corporation of the Town of Tillsonburg, Schedule A; AND THAT By-Law 4067, To authorize an Agreement between The Corporation of the Town of Tillsonburg and the Rotary Club of Tillsonburg (Rotary Clock Tower), Agreement; AND THAT By-Law 4069, To Appoint a Committee of Adjustment for the Town of Tillsonburg, be read for 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 #20 Moved By: Seconded By: 12.3. THAT By-Law 4068, To confirm the proceedings of Council at its meeting held on the 12th day of December, 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 #21 Moved By: Seconded By: THAT the Council Meeting of Monday, December 12, 2016 be adjourned at _____ p.m. 13 = 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 14 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. 15 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 16 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. 17 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 18 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, 19 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 20 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 21 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 22 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 23 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 24 Municipal Freedom of Information and Protection of Privacy 1 A Councillor’s Guide 25 Background The Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). •Came into effect January 1, 1991; •Provide a Right of Access to Information under the Custody Control of Institutions; •Creates a Privacy Protection Scheme; •Rules regarding the collection, retention, use, disclosure and disposal of Personal information. 2 A Councillor’s Guide 26 Directory of Institutions The Act (MFIPPA) applies to all municipalities and local boards in Ontario. Conservation Authorities Police Commissions Public Library Boards School Boards Transit Commissions Certain Local Housing & Municipal Electricity Corporations 3 A Councillor’s Guide 27 Access The Act provides the right of public access to records held by the municipality subject to limited and specific exemptions to disclosure. And provides a right of access to one’s own personal information and it’s correction if it is inaccurate, unclear, or incomplete. 4 Privacy The Act also requires the municipality to protect personal information by setting requirements governing the collection, retention, use, disclosure and disposal of personal information. A Councillor’s Guide 28 Four Principles 1.Public has a right of access to information (Records) held by institutions; 2.Exemptions from this right should be specific and limited; 3.Independent review: All decisions can be appealed to the Information and Privacy Commissioner (IPC); 4.Individuals have a right to the protection of personal information. 5 A Councillor’s Guide 29 KEY DEFINITIONS RECORD Any information however recorded whether in printed form, on film, by electronic means or otherwise... PERSONAL INFORMATION Means any recorded information about an identifiable individual… DIRECTORY OF RECORDS Means a listing of the types of record holdings maintained by the municipality which includes both General Records and Personal Information Banks. 6 A Councillor’s Guide 30 Exemptions There are two types of exemptions from the rights of access under the legislation: Mandatory exemptions: •personal information about an individual; •third party (commercial) information; •Information received in confidence from other governments. Discretionary exemptions: •draft by-laws; •closed meetings; •advice or recommendations; •law enforcement; •economic and other interests; •solicitor-client privilege, danger to safety or health, information soon to be published. 7 A Councillor’s Guide 31 Records Security The Town must take “reasonable measures” to preserve information in its custody or control and applies to ALL stages of the information lifecycle. The security of records relates to the Unauthorized Access and Physical Security of information. Bill 8 – Record Keeping Amendment came in to effect on January 1, 2016. Section 4.1 ~ Measures to ensure the preservation of records; Section 48(1)(c.1) ~ Offence for the intentional alteration or destruction of a record or information. 8 A Councillor’s Guide 32 Authority to Administer By-Law 2535 designates the Mayor as “Head” for the purpose of MFIPPA which in turn has delegated the powers and duties to the Town Clerk & Deputy Clerk as set out in schedule A. Thus, delegating the responsibility for the daily administration of the Act, including receiving and processing access requests, providing advices and communicating with Town staff, serving members of the public, and to ensure that the privacy requirements of the Act are met. 9 A Councillor’s Guide 33 MFIPPA & Council An elected official does not have any special rights of access to information under the Act. The rules of the Act concerning access to information apply to Councillors in the same manner as they do the general public. A Town Councillor may only have access to information if such access is not contrary to MFIPPA. However, while the Act limits access to information Councillors may have a right to access certain types of information that would not be in the general public, if they require the information in their capacity as a member of council in order to carry out duties related to that function. 10 A Councillor’s Guide 34 Seeking Access to Information A council member seeking access to information that is not ordinarily available to the public should direct their request to the appropriate department manager. The Town Clerk, together with the manager, will review the information and apply the provision of the Act to ensure that the disclosure of information to the Councillor is in accordance with legislative requirements. Depending on the nature and type of information requested, the information provided to Councillors may be stamped “CONFIDENTIAL” therefore making the information in question to be confidential in nature, which prohibits the release of the information in any format, without the expressed authorization of council. 11 A Councillor’s Guide 35 Access Outside One’s Capacity In circumstances in which a Councillor requests information, who is not acting within his or her official capacity as a member of council, the same status will apply as any member of the public. The Councillor may submit a formal application under the Act and staff will apply the Act in the normal manner to determine whether access may be granted. Access forms are available on the Town’s Website 12 A Councillor’s Guide 36 Protection of Privacy Obligations Councillors who have received access to personal information or other confidential information in the performance of their duties have a responsibility to protect this information while it is in their possession. Ways to protect personal privacy would include: • Not leaving a document containing personal information on your desk, in your car, in your home or other areas where others may have access to it; • Ensuring that personal information on your computer screen is not visible to others; • Ensuring that the files are secure; • Not discussing the personal information of others in open areas, such as reception areas and hallways; and • Not disclosing an individual’s personal information during a public council meeting without the individual’s written consent. 13 A Councillor’s Guide 37 Access to Personal Information Where a Councillor acting in the capacity of member of council seeks access to personal information of third party (for example, an employee or constituent), the councillor may only obtain the personal information if disclosure is specifically authorized under section 32 of the Act. • With consent of the individual; • In compelling circumstance affecting the health or safety of an individual; • In compassionate circumstance, to facilitate contact with next of kin or a friend of an individual who is injured, ill or deceased; or • Where disclosure to Town Council as a whole (ie in council or committee) or to the individual councillor is required to fulfil duties as an officer under the Municipal Act or other federal or provincial legislation. 14 A Councillor’s Guide 38 Use of Personal Information The use and disclosure of personal information is restricted. An institution shall not use personal information in its custody or under its control except: •With consent of person to whom it relates; •For the purpose for which it was obtained or compiled or for a consistent purpose; •Where allowed under section 32. (Where disclosure is permitted). 15 A Councillor’s Guide 39 Councillor’s Own Records Are they Accessible? Councillor’s records are considered “personal” records and are NOT subject to the Act if they are NOT related to the discharge of the councillor’s responsibility as a member of council or some aspect of Council’s mandate and are not with in the custody or under the control of the Town. Access provisions of the Act cover records that are in the custody or under the control of the Town and the issue of in the custody or under the control of will be decided on the particular facts and circumstances of each request. The Information Privacy Commissioners ruling states that “a record need only be in the custody or in the control of the institution” in order to be subject to access requests under the Act. 16 A Councillor’s Guide 40 In the Custody or under the Control There are a number of criteria used to determine whether a record is in the custody or under the control of a municipality. •Was the record created by an officer or employee of the institution? •What use did the creator intend to make of the record? •Does the Town have statutory power or duty to carry out the activity that resulted in the creation of the record? •Is the activity in question a “core”, “central” or “basic” function of the Town? •Does the content of the record relate to the Town’s mandate and functions? •If the Town does not have possession of the record, is it being held by an officer of employee of the Town for the purposes of his or her duties as an officer or employee? •Does the Town have a right to possession of the record? 17 A Councillor’s Guide 41 Physical Possession Where physical possession of a record may not be with the Town there are a number of factors to consider when determining Custody or Control: •Who has possession and why? •Who owns the record? •Who paid for the creation of the record? •What are the circumstances regarding the creation, use and retention of the record? •Are there any provision in the record between the Town and the individual who created the record in relation to the activity that resulted in the creation of the record, which expressly or by implication give the Town the right to possess or control the record? 18 A Councillor’s Guide 42 Fair Information Practices 19 A standard for the collection and use of information addressing privacy and accuracy and is the foundation of all Freedom of Information and privacy acts: • Accountability & Identifying Purpose • Consent • Limiting Collection & Use • Disclosure & Retention • Accuracy Safeguards • Openness • Challenging Compliance A Councillor’s Guide 43 Privacy Tips •Within the Town, only disclose personal information to staff who need it to do their job; •Only collect personal information you need to do your job; •Records containing personal information should be shredded vs. recycling/garbage; •Include personal information in any correspondence only when it is absolutely essential; •Avoid disclosing personal information without authority/consent; •Adhere to Corporate Records Retention By-Law and other applicable corporate policies and ensure physical security of records. 20 When in doubt-don’t release! A Councillor’s Guide 44 21 The spirit behind Freedom of Information and Protection of Privacy legislation is that as much information as possible should be made available to the public. However, it is also our responsibility to ensure the protection of an individual’s personal privacy. A Councillor’s Guide 45 Questions? Questions or Comments? If you would like additional training or have any questions please do not hesitate to contact us. Donna Wilson ext. 3224 dewilson@tillsonburg.ca Mary Carr ext. 2310 mcarr@tillsonburg.ca 22 A Councillor’s Guide 46 Page 1 of 6 Report No: CASPO 2016-292 COMMUNITY AND STRATEGIC PLANNING Council Date: December 12, 2016 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community and Strategic Planning Application for Zone Change ZN 7-16-08 – K.D. Heckford Developments REPORT HIGHLIGHTS  The application for zone change proposes to rezone the subject property from ‘Service Commercial Zone (SC)’ to ‘Special Service Commercial Zone (SC-23)’ to permit a dance & fitness studio and mini-storage warehousing as additional permitted uses on the subject property.  The dance & fitness studio is proposed to be located within the vacant commercial space fronting on Tillson Avenue, and the mini-storage warehousing is proposed to occur within the existing outbuildings and a proposed new building on the subject property.  Planning staff are recommending that the application be given favourable consideration, as it is generally consistent with the policies of the Official Plan respecting new service commercial uses. DISCUSSION Background OWNER: K.D. Heckford Developments 213 Tillson Ave, Tillsonburg ON N4G 3B3 LOCATION: The subject property is described as Part Lots 384 & 390, Lots 371 & 391, Plan 500, Town of Tillsonburg. The property is located on the east side of Tillson Avenue, south of Pine Street and north of Concession Street and is municipally known as 146 Tillson Avenue. COUNTY OF OXFORD OFFICIAL PLAN: Schedule “T-1” Town of Tillsonburg Land Use Plan Service Commercial 47 Report No: CASPO 2016-292 COMMUNITY AND STRATEGIC PLANNING Council Date: December 12, 2016 TOWN OF TILLSONBURG ZONING BY-LAW NO.3295: Existing Zoning: Service Commercial Zone (SC) Proposed Zoning: Special Service Commercial Zone (SC-23) PROPOSAL: The purpose of the Application for Zone Change is to permit a dance & fitness studio and mini- storage warehousing as additional permitted uses on the subject property. The subject property comprises an area of approximately 10,240 m2 (2.53 ac) and contains a single storey commercial building with an approximate gross floor area of 1052 m2 (11,323 ft2). Six smaller storage buildings are also located on the property, to the rear of the primary building. Surrounding land uses to the north and immediate east are service commercial. Vacant service commercial land is located to the west on the opposite side of Tillson Avenue, and residential land uses are present to the north and north east fronting on Pine Street. The CP railway operated by Ontario Southland Rail is immediately adjacent to the north, and the railway forms the northerly interior lot line for the property. The lands were most recently used as a building supply store, however the commercial space is currently vacant. Plate 1, Existing Zoning & Location Map, shows the location of the subject property and the existing zoning in the immediate vicinity. Plate 2, 2015 Aerial Map, provides an aerial view of the subject property. Plate 3, Applicant’s Sketch, indicates the location of the existing building on 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 Page 2 of 6 48 Report No: CASPO 2016-292 COMMUNITY AND STRATEGIC PLANNING Council Date: December 12, 2016 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. 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, hotels, 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. 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. A studio is defined as a building or part thereof used as the workspace of a sculptor, photographer, wood carver, craftsman or artist, or for the instruction of art, music, dancing, languages or similar disciplines and may include the retail of related goods or items produced onsite in small quantity or to special order. A warehouse is defined as a building or part thereof which is used for the storage, adapting for sale, packaging or wholesale distribution of goods, wares, merchandise, foodstuff, substances or articles, but does not include a fuel storage tank except as an accessory use. Page 3 of 6 49 Report No: CASPO 2016-292 COMMUNITY AND STRATEGIC PLANNING Council Date: December 12, 2016 Any open storage, or parking of recreational vehicles, must comply with Section 14.2.1- Open Storage Requirements. The said provisions limit open storage within required yards and setbacks and requires that these areas be fenced and screened. Open storage is limited to no more than 30% of lot area. AGENCY COMMENTS: The application was circulated to various public agencies considered to have an interest in the proposal. The Oxford County Public Works Department and Tillsonburg Chamber of Commerce indicated that they had no concerns with the proposal. Town Engineering Department indicated that lane markings to delineate parking and areas and laneways should be incorporated to alleviate conflicts between the two tenants. The Town Building Services Department indicated that a change of use permit will be required for the proposed dance studio. If a self-storage type of operation will be proposed, the applicant will need to meet the requirements of the Ontario Building Code section 3.10 and the necessary building permits will be required. Any proposed renovations/alterations to the existing storage/warehouse buildings may require a building permit. Any open storage is to comply with Section 14.2.1- Open Storage Requirements. The Town’s Development Commissioner provided the following comments: “I have no issues with the rezoning to permit mini-storage warehousing. In terms of the dance studio, it is noted that there are other dance studios within the Service Commercial Zone throughout the Town. In general, I have concerns about the recent proliferation of site-specific zoning amendments in the Service Commercial zones – it would appear as though now there are few remaining service commercial areas that do not already have a special provision on them. This indicates that either the zones are too tight and it’s time to review our zoning categories to re-determine what uses are appropriate or the Town risks the integrity of our zoning especially in relation to keeping uses in the Downtown core”. PUBLIC CONSULTATION: Notice of complete application and notice of public meeting regarding this application was circulated to surrounding property owners on two occasions, November 15, 2016 & November 28, 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 dance & fitness studio and mini-storage warehousing as additional permitted uses on the subject lands on a site specific basis. The dance & fitness studio use is proposed to be established within a portion of the existing vacant storefront, approximately 186 m2 (2000 ft2) in size. The mini-storage warehousing is proposed Page 4 of 6 50 Report No: CASPO 2016-292 COMMUNITY AND STRATEGIC PLANNING Council Date: December 12, 2016 to occur within the six existing outbuildings, with some outdoor storage of automobiles, boats, and recreational vehicles occurring within the fenced area, to the rear of the primary building. 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 satisfied that the proposed dance & fitness studio is a recreation-type use that is permitted within the policies of the Service Commercial designation. The dance & fitness studio is relocating from another location on Tillson Avenue and will occupy a portion of the vacant service commercial storefront, with no exterior changes required to accommodate the business. The mini-storage warehousing is proposed to occur primarily within the six existing storage outbuildings that were previously used to store building supply materials. This area is to the rear (or east) of the primary commercial building and the perimeter of the site is fenced. Staff are satisfied that the mini-storage warehousing use is a commercial-oriented use that requires large a relatively large area for on-site storage of goods or vehicles and is an appropriate use and re-use of the existing buildings. The parking and storage of recreational vehicles must comply with Section 14.2.1 of the Zoning By-Law, which prohibits open storage within the required rear and interior side yards of the site. 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 service commercial 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 dance & fitness studio and mini-storage warehousing as additional permitted uses on the Service Commercial lands can be given favourable consideration. Page 5 of 6 51 Report No: CASPO 2016-292 COMMUNITY AND STRATEGIC PLANNING Council Date: December 12, 2016 RECOMMENDATION 1. It is recommended that the Council of the Town of Tillsonburg approve the zone change application submitted by Heckford Developments, whereby the lands described as Part Lots 384 & 390, Lots 371 & 391, Plan 500, Town of Tillsonburg, known municipally as 146 Tillson Avenue are to be rezoned from ‘Service Commercial Zone (SC)’ to ‘Special Service Commercial Zone (SC-23)’ to permit a dance studio and mini-storage warehousing as additional permitted uses on the subject lands. 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 52 November 14, 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 1020 Notes NAD_1983_UTM_Zone_17N 51 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) 53 November 14, 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) 54 55 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4065 A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Schedule "A" to By-Law Number 3295, as amended, is hereby amended by changing to ‘SC-23’ the zone symbol of the lands so designated ‘SC-23’ on Schedule “A” attached hereto. 2. That Section 14.5 to By-Law Number 3295, as amended, is hereby further amended by adding the following at the end thereof: “14.5.23 LOCATION: EAST SIDE OF TILLSON AVENUE, SOUTH OF PINE STREET (PART LOTS 384 & 390, LOTS 371 & 391, PLAN 500) SC-23 (KEY MAP 16) 14.5.23.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any SC-23 zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: all uses permitted in Table 14.1; a dance & fitness studio; a mini-storage warehousing business, with outdoor storage. 14.5.23.2 That all of the provisions of the SC Zone in Section 14.2 of this By-Law, as amended, shall apply and further, that all other provisions of this By- Law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis.” 2. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. READ a first and second time this 12th day of December, 2016. READ a third time and finally passed this 12th day of December, 2016. Mayor Clerk 56 R=332.32A=31.45 L O T 3 9 1L O T 3 9 0L O T 3 8 4 N78°35'00"E6.1419.21N11°00'00"WR=410.5 1A=20.50 N77°54' 5 0 " W 22.88 N79°29'30"E26.83 R=297.64A=31.54 N11°00'00"W 70.33N78°28'30"E 45.72 N10°55'00"W 52.44N79°21'00"E 62.63 N78°29'30"E 75.53 R=292.51A=31.57 R=482.18A=31.14 FIRSTST TILLSON AVEPINE ST L O T 3 7 1 P L A N 5 0 0 CANADIANPACIFICRAILWAY SCHEDULE "A" LOT 391 AND PART OF LOTS 371, 384 AND 390,PLAN 500 TOWN OF TILLSONBURG AREA OF ZONE CHANGE TO SC-23 NOTE: ALL DIMENSIONS IN METRES THIS IS SCHEDULE "A" MAYOR CLERK TO BY-LAW No. ________________, PASSED THE __________ DAY OF ____________, 2016 TO BY-LAW No.© 10 0 10 20 305 METRES SW ANGLELOT 391, PLAN 500 57 ZN 7-16-08 TOWN OF TILLSONBURG BY-LAW NUMBER 4065 EXPLANATORY NOTE The purpose of By-Law Number 4065 is to rezone the subject property from ‘Service Commercial Zone (SC)’ to ‘Special Service Commercial Zone (SC-23)’ to permit a dance & fitness studio and mini-storage warehousing, with associated outdoor storage, as additional permitted uses on the subject property. The subject property is described as Part Lots 384 & 390, Lots 371 & 391, Plan 500, Town of Tillsonburg. The property is located on the east side of Tillson Avenue, south of Pine Street and north of Concession Street and is municipally known as 146 Tillson Avenue. The Municipal Council, after conducting the public hearing necessary to consider any comments to the proposed zone change application, approved By-Law Number 4065. The public hearing was held on December 12th, 2016. No public input was received for this application. Any person wishing further information relative to Zoning By-Law Number 4065 may contact the undersigned: Ms. Donna Wilson Clerk Town of Tillsonburg 200 Broadway, 2nd Floor Town Centre Mall Tillsonburg, ON N4G 5A7 Telephone: 842-9200 File: ZN 7-16-08 (K.D. Heckford Developments) Report No: 2016-292 58 BigOtter C reekLakeLisgarCANADIANPACIFICRAILWAY CONCESSION ST E HARVEYSTPEACHSTJOHN S T LISGAR AVEROLPH S T BIDWELL STEBERT ALLEYELGIN ST FIRSTST BROADWAY W A S H IN G T O N G R A N D A V E MAGNOLIADR SANDERS ST PEARL ST DURHAM STQUEEN STBRIDGE ST E BROCK ST EHALE ST HILLIKERALLEYV E N IS O N S T W THIRD ST G O W R IE S T E SECOND ST FIFTHST DENTONAVE WOLF S T FOURTH ST ROSSSTALLEY ALLEYMAPLECRTPARK AVEANNSTJOSEPH ST FRANK STARBOR LANE HARRISST VENISONST E GOWRI E ST W PUCALLEYMARY STBRIDG E S T W BEAR S T FAIRFIELDCRES COYLE LANE RODGERS ST PINE ST FRANCES ST MAPLE LANETILLSON AVEKING STPARKWOOD DRDELEVANCRESALEXANDERAVEDEMEYEREAVEHARDY AVELIS GAR CRT THO MASAVEKARALANEKEY MAP LANDS TO WHICH BYLAW ____________ APPLIES © 50 0 50 100 150 200 250 300 35025 METRES 59 FILE No:--------- DATE RECEIVED: ------- TOWN OF TILLSONBURG APPLICATION FOR ZONE CHANGE 1. Registered Owner(s): Name: \<. 0 • 1-\e.c.k-t'or d De If e.-\op n1er\{~ Inc. . Phone: Residence:=----.,,..,..,---:::-::- Address: 213 :Gilsoo Al)-c:.. j 1\\\501'\bu.rq Business: ol"\• 114:.\-5'1?>2.. _) Fax: 01"1-lD'jiS· QQC>;?, Postal Code: Nl.\@ '2>103 E-mail: lc:u·b'l @ h \\.5o!\bl.lCj ~lase. . C..ON"'\ Applicant (if other than registered owner): Name: S <{f\<...{.. Phone: Residence:-------Address: ____________________ __ Business:--------- Postal Code:----------- Solicitor or Agent (if any): Fax:---------- E-mail: ----------------- Name:-------------------Phone: Business: -------- Address:----------------------Fax: --------- Postal Code:-----------E-mail: ----------------- All communications will be sent to those listed above. If you do not wish correspondence to be sent to the 0 Owner, 0 Applicant, or 0 Solicitor/Agent, please specify by checking the appropriate box. Name and address of any holders of any mortgage, charges or other encumbrances (if known): 2. Subject Land(s): a) Location: Municipality T•' ( I So~""') Concession No.------------ Registered Plan No. _,S....,o=o«--------- former municipality-:--::----,-------.,.---- Lot(s) 31\ 9' 3'1 I 9J'Id -po.r-\ o£ Lot(s) LC>-\5 2> \L\ it. 3"\0 Reference Plan No. Part(s) __ -:-----:------------ The proposed lot is located on the eo.st side of "'"'i'i 1\~o-r-. (?t VC..... Street, lying between 'P1ne.. Street and C..oncee.e,,~n Street. Street and/or Civic Address (911#): \ 4-~ \\ \\5~~ Al)e..' -r\\\$~r.'cu-e5. of\~ . b) Official Plan Designation: Existing: Ser'\/1 c. e.,. CA'/Y'\Met"C:.-10....\ Zone. ( s0 Proposed: S c:tf\=-.+-= If the proposed designation is different than the existing designation, has an application for Official Plan Amendment been filed with the County of Oxford? D No D Yes 60 TOWN OF TILLSONBURG APPLICATION FOR ZONE CHANGE c) Zoning: d) Uses: Present: 3. Buildings/Structures: For all buildings/structures. either existing or proposed on the subject lands, please supply the following information: Existing/Proposed Use: Date Constructed (if known): Floor Area: Setbacks: Front lot line Side lot lines Rear lot line D None Existing Building 1 .. ~ ... D None Proposed Building 2 Page 2 Please complete for residential, commercial/industrial or institutional uses. ,----,R~E~S~IO~E~N~T~IA~L-----,----~C~O~M~M~E=R=CI~A~U.----,----ciN=s=TI=TU~T~IO=N~A~L----, INDUSTRIAL .. .. ·rv;;"E-... . . ----··----·-. --------...... r----------------,r-----------------t-----------------1 Apt, semi, townhouse, retail, restaurant, church, etc. I· ....... " ................ , ......................................... -......................................... -1-.................. . #OF UNITS ............ -..... CONVERSI.(iNJAO-D'ITiON··ro··EXiSTI.NG"BUILEl"iNG·-·-····-·-.................... ________ _ · ----------.. --.. ----------.. -· .. ·--------.. · ·--·------.. --------................. ____ .. _ ........ ____ .............. De-s·crn;e·--... .. .............. -...... .. . . ... Tor:.\i:"ifoi'uNirsleiio"s···· ... --.................... ! \ . N/A .. _ ; u_. -__ -• ,-,.. , N/~ ... _ ----.. ·-------F-LOOR--AREA·---.. ------.. --.------------------.. --........... _________ .... _________ .. ____ .. ________ !'· ---••··--............................. ~. ·•'••·--·-"f'"------.... c ... •-"-.. "·'·•-....................... -J----.. --... -..................................... -....... .. by dwelling unit or by type (office, retail common rooms, etc.} -..................... __ ,__ .......................................... -........... .. .............................. -................................. ___ --·-. -............ _ .. __ _ OTHER FACILITIES (playground, underground parking, pool, etc.) "ifO·F-·LoTs·-(for··s·u·bdfV'iSi~n)·---· ._ .. __________ .. __ --·---..... ,. .... -.............. .. ------------sii:.\riNGCAPAci~fo;;::t:~:~;~ ::::~~~~~:~;:·::.; W*·&~j·;c·; -.. ~. •• !; -:;·cr' ----· ----------- #OFSTAFF [i'':\''· '"~ >.•.·' .. .. o;;·iiiisroRI.ili"RiiouiReo'f-·-....................... ····-·······-·······--hi<'·'' :"'•'<'-' , ...... , ........ , N-'i'A·"·• __ .. _ .. , ...... , .... __ ._ .... _ .. +--·····--·····-........................................................ --+ ......... A"c-ciissoRv Resioe;,;;c,;.:L. usE:? .......... ---... ------l . ___ •. -.-_---NIA . . •· NTA'""··---···----- ___ If .... accesst;-ry·· .. r·e·si;ientia"i"" .. U·se·.--.. '··i:r-·a·cces·;;-ory···r;~~-entiai··-·us~;-'·- complate residential section complete residential section 4. Site Information (proposed use(s): Lot Frontage ~4!(. ~c,.4J. Lot Depth S !Ct±e-L. Lot Area Lot Coverage Front Yard Rear Yard Interior Side Yard Exterior Side Yard (corner lot) Landscaped Open Space(%) No .. of Parking Spaces No. of Loading Spaces Building Height Width of Planting Strip Driveway Width 61 ToWN OF TILLSONBURG APPLICATION FOR ZONE CHANGE 5. Services: (check appropriate box) Water supply Sewage Disposal Storm Drainage 6. Access: Publicly owned and operated piped water system Privately owned and operated individual well Other (specify)--------- Publicly owned and operated sanitary sewer system Privately owned and operated individual septic tank Other (specify)--------- Municipal Sewers Municipal Drains Ditches Swales D D Provincial Highway County Road D Unopened Road Allowance Municipal Road maintained all year Municipal Road seasonally maintained 7. Generallnformation: ~ D D Right-of-Way owned by Other (specify) Page 3 Existing Proposed A D D D D D ~ D D D D D D D D a) Is the Subject Land the subject of regulations for flooding or fill and construction permits of the Long Point Region Conservation Authority? If yes, has an Application been filed with the Conservation Authority? ~No D No DYes D Yes b) Present land use(s) of adjacent properties: c) Characteristics of subject land (check appropriate space(s) and add explanation, if necessary) (i) Does the land contain environmental features such as wetlands, woodlots, watercourses, etc.? xQ No D Yes If yes, describe -------------------------- (ii) Has any part of the land been formally used for any purpose other than agricultural purposes? D No l'l Yes If yes, describe former use: l -Go,.~ ( ..... ....w-'(w-e/' 8. Historlcallnformation: a) Is the subject land the subject of a current Application for Consent to the Oxford County Land Division Committee or a current application for draft plan of subdivision to the County of Oxford? D Yes --> Application No. b) Have the subject land(s) ever been the subject of any other application under the Planning Act, such as an application for approval of an Official Plan amendment, a zoning by-law amendment, a Minister's Zoning Order amendment, consent, a minor variance, or approval of a plan of subdivision? D No ~nknown D Yes--> File No.------Status/Decision---------- c) If known, the date the subject land was acquired by the owner? M ~c.J.,.... 'Z.D l b StACL.. ( "f 5C> S · d) If known, the length of time that the existing uses of the subject land have continued? 62 TOWN OF TJLLSONBURG APPLICATION FOR ZONE CHANGE Page 4 rl:~.· . . ' . . . . Authorization ofowner'(::;:;::~~~::n::,:~:::~~MI:~: :~:t~:~~=:~~:~~t ~; t~l~ ~~;~,~~;i~~ ;~; ~:~~I )change and 1/We authorize---------------, to make this application on my/our behalf. I i .•' 1 ;_;,,=o .•. -.~t:-.e .. -.... -.... -... -.... -.... -... -.... -... -.... -. --Sig ature f OW 's) s· t f 0 '' ) i '""""""""""""""'"""""""r. .............. 2 ........... ~~''" """"'""""""""""""""'"""""""""""""""'""""""1.9.r..~ .. ~.[~ .. 2 ....... :'!~~,,~ """'""""""""""""""""""""""".! THIS SECTION TO BE COMPLETED IN THE PRESENCE OF A COMMISSIONER FOR TAKING AFFIDAVITS 1/We A:/fil/.7 f /l~h'Lt) of the _1C~OW="'-~------ of TAl~ D"-~~ in the 0>1.•"··:\=f of_;:::V:_-f.L#:.>::......J..-=------ DO SOLEMNLY DECLAF<E THAT: ~: All of the prescribed information contained in this application is true and that the information contained in the documents t11at may accompany this application is true and I make this solemn declaration conscientiously believing it to be true and knowin it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. DENIS GERALD JOSEPH DUGUAY, a Commissioner, etc., Province of Onta~o. for the Corporation of the Town of T\1\sonburg. 1. Applications will not be considered complete until all requested information has been supplied. 3. It is required that one original of this application (including the sketch/site plan) be filed, accompanied by the applicable fee of $650.00 in cash or cheque, payable to the Treasurer, Town of Tillsonburg. Municipal Freedom of Information and Protection of Privacy Act-Notice of Collection & Disclosure The collection of personal information on this form is legally authorized under Sec.34 of the Planning Act and O.Reg.545/06 for the purpose of processing your planning application. Questions about this collection should be directed to the Director of Community and Strategic Planning at the County of Oxford, 21 Reeve St., P.O. Box 1614, Woodstock, ON N4S 7Y3 or at 519-539-9800 (ext.3207). Pursuant to Sec.1 .0.1 of the Planning Act, and in accordance with Sec.32(e) of the Municipal Freedom of Information and Protection of Privacy Act, it is the policy of the County of Oxford to make all planning applications and supporting material available to the public. 63 ZN 7-16-08 TOWN OF TILLSONBURG BY-LAW NUMBER 4065 EXPLANATORY NOTE The purpose of By-Law Number 4065 is to rezone the subject property from ‘Service Commercial Zone (SC)’ to ‘Special Service Commercial Zone (SC-23)’ to permit a dance & fitness studio and mini-storage warehousing, with associated outdoor storage, as additional permitted uses on the subject property. The subject property is described as Part Lots 384 & 390, Lots 371 & 391, Plan 500, Town of Tillsonburg. The property is located on the east side of Tillson Avenue, south of Pine Street and north of Concession Street and is municipally known as 146 Tillson Avenue. The Municipal Council, after conducting the public hearing necessary to consider any comments to the proposed zone change application, approved By-Law Number 4065. The public hearing was held on December 12th, 2016. No public input was received for this application. Any person wishing further information relative to Zoning By-Law Number 4065 may contact the undersigned: Ms. Donna Wilson Clerk Town of Tillsonburg 200 Broadway, 2nd Floor Town Centre Mall Tillsonburg, ON N4G 5A7 Telephone: 842-9200 File: ZN 7-16-08 (K.D. Heckford Developments) Report No: 2016-292 64 BigOtterCreekLakeLisgarCANADIANPACIFICRAILWAY CONCESSION ST E H A R V E Y S T PEACHSTJO H N S T LISGAR AVER O L P H S T BI D WE L L S T EBERT ALLEYELGIN ST FIRSTSTB R O A D WA Y W AS H IN G TO NG R A N D AV EMAGNOLIADR S A N D E R SST PEARL ST DURHAM STQUEEN STBRIDGE ST E BROCK ST EHALESTHILLIKERALLEYVENISONSTW THIRD ST G O W R IE S TE SECOND ST FIFTHST D E N T O N A V E W O LF S TFOURTH ST R O S S S TALLEY ALLEYMAPLECRTPARK AVEA N N S T JOSEPH ST FRANK STA RBOR LANE HARRISST VENISONST E G O W R IES T W PUCALLEYMARY STBR ID G E ST WBEAR S TF AIRFIELDCRES COYLE LANE RODGERS ST PINE ST FRANCES ST MAPLE LANETILLSON AVEKING STPARKWOOD DRDELEVANCRESALEXANDERAVEDEMEYERE AVEHARDY AVELISGARCRT THOM ASAVEKARALANEKEY MAP LANDS TO WHICH BYLAW ____________ APPLIES © 50 0 50 100 150 200 250 300 35025 METRES 65 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4065 A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Schedule "A" to By-Law Number 3295, as amended, is hereby amended by changing to ‘SC-23’ the zone symbol of the lands so designated ‘SC-23’ on Schedule “A” attached hereto. 2. That Section 14.5 to By-Law Number 3295, as amended, is hereby further amended by adding the following at the end thereof: “14.5.23 LOCATION: EAST SIDE OF TILLSON AVENUE, SOUTH OF PINE STREET (PART LOTS 384 & 390, LOTS 371 & 391, PLAN 500) SC-23 (KEY MAP 16) 14.5.23.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any SC-23 zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: all uses permitted in Table 14.1; a dance & fitness studio; a mini-storage warehousing business, with outdoor storage. 14.5.23.2 That all of the provisions of the SC Zone in Section 14.2 of this By-Law, as amended, shall apply and further, that all other provisions of this By-Law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis.” 3. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. READ A FIRST AND SECOND TIME THIS 12TH DAY of December, 2016. READ A THIRD TIME AND FINALLY PASSED THIS 12TH DAY of December, 2016. MAYOR – Stephen Molnar TOWN CLERK – Donna Wilson 66 R=332.32A=31.45 LOT 391LOT 390L O T 3 8 4N78°35'00"E6.1419.21N11°00'00"WR=410.51A=20.50 N77°54'50"W22.88 N79°29'30"E26.83 R=297.64A=31.54 N11°00'00"W 70.33N78°28'30"E 45.72 N10°55'00"W 52.44N79°21'00"E 62.63 N78°29'30"E 75.53 R=292.51A=31.57 R=482.18A=31.14 FIRSTST TILLSON AVEPINE ST L O T 3 7 1P L A N 5 0 0 CANADIANPACIFICRAILWAY S C H EDU L E "A" LOT 391 AND PART OF LOTS 371, 384 AND 390,PLAN 500 TOWN OF TILLSONBURG AREA OF ZONE CHANGE TO SC-23 NOTE: ALL DIMENSIONS IN METRES THIS IS SCHEDULE "A" MAYOR CLERK TO BY-LAW No. ________________, PASSED THE __________ DAY OF ____________, 2016 TO BY-LAW No.© 10 0 10 20 305 METRES SW ANGLELOT 391, PLAN 500 67 Report Title The Municipal Freedom of Information & Protection of Privacy Act (MFIPPA) Report No. CL 16-36 Author Donna Wilson, Town Clerk Meeting Type Council Meeting Council Date December 12, 2016 Attachments RECOMMENDATION THAT Council receives Report CL 16-36 MFIPPA as information. BACKGROUND The Municipal Freedom of Information & Protection of Privacy Act (MFIPPA) (the “Act”) came into effect in January of 1991. MFIPPA sets out rules and regulations municipal institutions must abide by to protect the privacy of an individual's personal information. It includes rules regarding the collection, use, disclosure and disposal of personal information in the custody and control of a municipal institution. It also gives individuals the right to access municipal government information, including most general records and records containing their own personal information, subject to very specific and limited exemptions. Bill 8, the Public Sector and MPP Accountability and Transparency Act came into effect on January 1, 2016. Schedule 6 of the Bill makes amendments to Freedom of Information and Protection of Privacy Act (FIPPA) and MFIPPA. The act sets out new enhanced accountability standards regarding record keeping and municipal accountability to ensure that records in the custody or under the control of the municipality are kept in accordance with records retention requirements and rules or policies established by the municipality. Section 4.1 of the Act sets out measures for the preservation of records and Section 48(1) provides that it is an offence for the intentional alteration or destruction of a record or information. The Act applies to all municipalities and local boards in Ontario, which includes library and school boards, conservation authorities, police and fire and boards of Health. It also includes municipal utility companies. The basic principles of the Act aimed to provide an individual with an appropriate balance between access to government information and protection of the individual’s personal information. A “record” means any record of information, however recorded, whether in printed form, on film, by electronic means or otherwise, and includes, Page 1 / 3 CL 16-36 MFIPPA 68 • Correspondence, a memo, a book, a plan, a map, a drawing, a diagram, a pictorial or graphic work, a photograph, a film, a microfilm, a sound recording, a videotape, a machine readable record, any other documentary material, regardless of physical form or characteristics, and any copy thereof. The Act Provides for the right of access to information. Requests must be in writing and be accompanied by a $5.00 application fee. The municipality must respond within 30 calendar days of receipt of the request. Records are reviewed to determine if they contain any information that should be exempted as per MFIPPA. If so, those records are severed to protect personal or confidential information. Once the requester receives the response they have 30 days to file a written appeal with the IPC with the prescribed fee of $25.00. Individuals have a right to access their own personal information. Municipal records are records in the Custody and Control of the Municipality. To determine if the record is or should be in the custody or control of the Municipality we would look at whether the record is held by an employee of the town for the purpose of carrying out their duties as an employee. Councillor’s records are considered “personal” records and are NOT subject to the Act if they are NOT related to the discharge of the Councillor’s responsibility as a member of council or some aspect of Council’s mandate and are not within the custody or under the control of the Town. The rules of the Act concerning access to information apply to Councillors in the same manner as they do the general public. However, while the Act limits access to information, Councillors may have a right to access certain types of information that would not be in the general public, if they require the information in their capacity as a member of council in order to carry out duties related to that function. The use and disclosure of personal information is restricted. An institution shall not use personal information in its custody or under its control except: With consent of person to whom it relates; For the purpose for which it was obtained or compiled or for a consistent purpose; Where allowed under section 32. (Where disclosure is permitted). The spirit behind the Freedom of Information and Protection of Privacy legislation is that as much information as possible should be made available to the public. However, it is also our responsibility to ensure the protection of an individual’s personal privacy. CONSULTATION/COMMUNICATION AMCTO webinar and Write to Know seminar by Jim Beamish, IPC Commissioner. Page 2 / 3 CAO 69 FIPPA, MFIPPA, Bill 8 FINANCIAL IMPACT/FUNDING SOURCE N/A COMMUNITY STRATEGIC PLAN (CSP) IMPACT 1.3 Demonstrate accountability –the review of Corporate Policies provides the public with regular updates on municipal practices and appropriate contacts. Page 3 / 3 CAO 70 Municipal Freedom of Information and Protection of Privacy 1 A Councillor’s Guide 71 Background The Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). •Came into effect January 1, 1991; •Provide a Right of Access to Information under the Custody Control of Institutions; •Creates a Privacy Protection Scheme; •Rules regarding the collection, retention, use, disclosure and disposal of Personal information. 2 A Councillor’s Guide 72 Directory of Institutions The Act (MFIPPA) applies to all municipalities and local boards in Ontario. Conservation Authorities Police Commissions Public Library Boards School Boards Transit Commissions Certain Local Housing & Municipal Electricity Corporations 3 A Councillor’s Guide 73 Access The Act provides the right of public access to records held by the municipality subject to limited and specific exemptions to disclosure. And provides a right of access to one’s own personal information and it’s correction if it is inaccurate, unclear, or incomplete. 4 Privacy The Act also requires the municipality to protect personal information by setting requirements governing the collection, retention, use, disclosure and disposal of personal information. A Councillor’s Guide 74 Four Principles 1.Public has a right of access to information (Records) held by institutions; 2.Exemptions from this right should be specific and limited; 3.Independent review: All decisions can be appealed to the Information and Privacy Commissioner (IPC); 4.Individuals have a right to the protection of personal information. 5 A Councillor’s Guide 75 KEY DEFINITIONS RECORD Any information however recorded whether in printed form, on film, by electronic means or otherwise... PERSONAL INFORMATION Means any recorded information about an identifiable individual… DIRECTORY OF RECORDS Means a listing of the types of record holdings maintained by the municipality which includes both General Records and Personal Information Banks. 6 A Councillor’s Guide 76 Exemptions There are two types of exemptions from the rights of access under the legislation: Mandatory exemptions: •personal information about an individual; •third party (commercial) information; •Information received in confidence from other governments. Discretionary exemptions: •draft by-laws; •closed meetings; •advice or recommendations; •law enforcement; •economic and other interests; •solicitor-client privilege, danger to safety or health, information soon to be published. 7 A Councillor’s Guide 77 Records Security The Town must take “reasonable measures” to preserve information in its custody or control and applies to ALL stages of the information lifecycle. The security of records relates to the Unauthorized Access and Physical Security of information. Bill 8 – Record Keeping Amendment came in to effect on January 1, 2016. Section 4.1 ~ Measures to ensure the preservation of records; Section 48(1)(c.1) ~ Offence for the intentional alteration or destruction of a record or information. 8 A Councillor’s Guide 78 Authority to Administer By-Law 2535 designates the Mayor as “Head” for the purpose of MFIPPA which in turn has delegated the powers and duties to the Town Clerk & Deputy Clerk as set out in schedule A. Thus, delegating the responsibility for the daily administration of the Act, including receiving and processing access requests, providing advices and communicating with Town staff, serving members of the public, and to ensure that the privacy requirements of the Act are met. 9 A Councillor’s Guide 79 MFIPPA & Council An elected official does not have any special rights of access to information under the Act. The rules of the Act concerning access to information apply to Councillors in the same manner as they do the general public. A Town Councillor may only have access to information if such access is not contrary to MFIPPA. However, while the Act limits access to information Councillors may have a right to access certain types of information that would not be in the general public, if they require the information in their capacity as a member of council in order to carry out duties related to that function. 10 A Councillor’s Guide 80 Seeking Access to Information A council member seeking access to information that is not ordinarily available to the public should direct their request to the appropriate department manager. The Town Clerk, together with the manager, will review the information and apply the provision of the Act to ensure that the disclosure of information to the Councillor is in accordance with legislative requirements. Depending on the nature and type of information requested, the information provided to Councillors may be stamped “CONFIDENTIAL” therefore making the information in question to be confidential in nature, which prohibits the release of the information in any format, without the expressed authorization of council. 11 A Councillor’s Guide 81 Access Outside One’s Capacity In circumstances in which a Councillor requests information, who is not acting within his or her official capacity as a member of council, the same status will apply as any member of the public. The Councillor may submit a formal application under the Act and staff will apply the Act in the normal manner to determine whether access may be granted. Access forms are available on the Town’s Website 12 A Councillor’s Guide 82 Protection of Privacy Obligations Councillors who have received access to personal information or other confidential information in the performance of their duties have a responsibility to protect this information while it is in their possession. Ways to protect personal privacy would include: • Not leaving a document containing personal information on your desk, in your car, in your home or other areas where others may have access to it; • Ensuring that personal information on your computer screen is not visible to others; • Ensuring that the files are secure; • Not discussing the personal information of others in open areas, such as reception areas and hallways; and • Not disclosing an individual’s personal information during a public council meeting without the individual’s written consent. 13 A Councillor’s Guide 83 Access to Personal Information Where a Councillor acting in the capacity of member of council seeks access to personal information of third party (for example, an employee or constituent), the councillor may only obtain the personal information if disclosure is specifically authorized under section 32 of the Act. • With consent of the individual; • In compelling circumstance affecting the health or safety of an individual; • In compassionate circumstance, to facilitate contact with next of kin or a friend of an individual who is injured, ill or deceased; or • Where disclosure to Town Council as a whole (ie in council or committee) or to the individual councillor is required to fulfil duties as an officer under the Municipal Act or other federal or provincial legislation. 14 A Councillor’s Guide 84 Use of Personal Information The use and disclosure of personal information is restricted. An institution shall not use personal information in its custody or under its control except: •With consent of person to whom it relates; •For the purpose for which it was obtained or compiled or for a consistent purpose; •Where allowed under section 32. (Where disclosure is permitted). 15 A Councillor’s Guide 85 Councillor’s Own Records Are they Accessible? Councillor’s records are considered “personal” records and are NOT subject to the Act if they are NOT related to the discharge of the councillor’s responsibility as a member of council or some aspect of Council’s mandate and are not with in the custody or under the control of the Town. Access provisions of the Act cover records that are in the custody or under the control of the Town and the issue of in the custody or under the control of will be decided on the particular facts and circumstances of each request. The Information Privacy Commissioners ruling states that “a record need only be in the custody or in the control of the institution” in order to be subject to access requests under the Act. 16 A Councillor’s Guide 86 In the Custody or under the Control There are a number of criteria used to determine whether a record is in the custody or under the control of a municipality. •Was the record created by an officer or employee of the institution? •What use did the creator intend to make of the record? •Does the Town have statutory power or duty to carry out the activity that resulted in the creation of the record? •Is the activity in question a “core”, “central” or “basic” function of the Town? •Does the content of the record relate to the Town’s mandate and functions? •If the Town does not have possession of the record, is it being held by an officer of employee of the Town for the purposes of his or her duties as an officer or employee? •Does the Town have a right to possession of the record? 17 A Councillor’s Guide 87 Physical Possession Where physical possession of a record may not be with the Town there are a number of factors to consider when determining Custody or Control: •Who has possession and why? •Who owns the record? •Who paid for the creation of the record? •What are the circumstances regarding the creation, use and retention of the record? •Are there any provision in the record between the Town and the individual who created the record in relation to the activity that resulted in the creation of the record, which expressly or by implication give the Town the right to possess or control the record? 18 A Councillor’s Guide 88 Fair Information Practices 19 A standard for the collection and use of information addressing privacy and accuracy and is the foundation of all Freedom of Information and privacy acts: • Accountability & Identifying Purpose • Consent • Limiting Collection & Use • Disclosure & Retention • Accuracy Safeguards • Openness • Challenging Compliance A Councillor’s Guide 89 Privacy Tips •Within the Town, only disclose personal information to staff who need it to do their job; •Only collect personal information you need to do your job; •Records containing personal information should be shredded vs. recycling/garbage; •Include personal information in any correspondence only when it is absolutely essential; •Avoid disclosing personal information without authority/consent; •Adhere to Corporate Records Retention By-Law and other applicable corporate policies and ensure physical security of records. 20 When in doubt-don’t release! A Councillor’s Guide 90 21 The spirit behind Freedom of Information and Protection of Privacy legislation is that as much information as possible should be made available to the public. However, it is also our responsibility to ensure the protection of an individual’s personal privacy. A Councillor’s Guide 91 Questions? Questions or Comments? If you would like additional training or have any questions please do not hesitate to contact us. Donna Wilson ext. 3224 dewilson@tillsonburg.ca Mary Carr ext. 2310 mcarr@tillsonburg.ca 22 A Councillor’s Guide 92 Report Title Multi-Year Accessibility Plan Update Report No. CL 16-28 Author Tricia Smith, Deputy Clerk Meeting Type Council Meeting Council Date December 12, 2016 Attachments 2014-2018 Multi-Year Accessibility Plan RECOMMENDATION THAT Council receive Report CL 16-28, Multi-Year Accessibility Plan Update; AND THAT Council endorse the amended 2014-2018 Multi-Year Accessibility Plan. BACKGROUND On January 13, 2014, Council adopted a Multi-Year Accessibility Plan which outlines the Town’s strategy to prevent and remove barriers for people with disabilities and meet the requirements under the Integrated Accessibility Standards Regulation (IASR) of the Accessibility for Ontarians with Disabilities Act (AODA), which came into force on July 1, 2011. To remain in compliance with AODA regulations and to fulfill the objectives contained within the Multi-Year Accessibility Plan, an annual review of the plan is required. The purpose of this report is to identify and celebrate the various innovative strategies that have been implemented to date by the Town in an effort to create a barrier-free environment for employees and citizens who live, work and invest in Tillsonburg and to identify goals and objectives for the remaining term of Council in the areas of Design & Public Spaces, Facilities, Employment, Customer Service, Information and Communication and Transportation. Commencing in June, 2016 the Accessibility Advisory Committee began a review of the plan in consultation with Senior Leadership. A number of updates, including accomplishments and future accessibility goals were integrated into the plan. The Town continues to make important gains in an effort to improve access and opportunities for persons with disabilities as the Province moves closer to a fully accessible Ontario by 2025. Some of the notable accessibility achievements to date include: • The development of a new Town website which has incorporated integrated accessibility features within its design; • The installation of a new unisex barrier-free washroom at the Community Centre; Page 1 / 2 CL 16-28 93 • New on-line payment option for various Town services (i.e. Garbage Bag Tags, Recreation Programs, Community Centre Memberships, etc.); • A number of new on-line Application forms (i.e. Council Delegation Request Form, Building/Demolition Permit Application, Civil Wedding Booking Form, Report a Problem/Complaint, etc.); • The introduction of the Accessibility Achievement Award (please refer to Report CL 16- 32 for additional information); • And the planned accessible upgrades at the pedestrian crossing on Broadway in front of the Town Centre Mall. At the November 9, 2016 meeting of the Accessibility Advisory Committee, the following resolution was adopted: Moved By: Mike Cerna Seconded By: Michael Kady THAT the Multi-Year Accessibility Plan, be approved as amended and a copy of the plan be sent to the Memorial Park Revitalization Committee for information; AND THAT the committee recommends that Council endorse the updated Multi-Year Accessibility Plan. Carried CONSULTATION/COMMUNICATION Consultation has taken place with the Accessibility Advisory Committee, the Clerk’s Office and Senior Leadership and comments received were integrated into the amendments made to the Multi-Year Accessibility Plan. FINANCIAL IMPACT/FUNDING SOURCE None COMMUNITY STRATEGIC PLAN (CSP) IMPACT Section 1.3 – Excellence in Local Government Community engagement and effective communication between Town Staff and the public in the development of Town policies and initiatives demonstrates accountability in local government practices. Page 2 / 2 CAO 94 Page 1 of 6 Town of Tillsonburg 2014-2018 Multi-Year Accessibility Plan (Last Updated: November, 2016) Accessible Format If you require this document to be in an accessible format, please contact Donna Wilson, Clerk at dewilson@tillsonburg.ca 519-688-3009 ext. 3224. Background and Legislation In December 2001, the Ontarians with Disabilities Act (ODA) was passed by the provincial government to improve access and opportunities for persons with disabilities. The ODA stipulates the following municipal obligations to the Act: • Municipalities are required to prepare annual accessibility plans; • Municipalities shall have regard to the accessibility of persons with disabilities when purchasing goods and services; • Municipalities will improve access to municipal elections by giving greater consideration to accessible voting locations; • Municipalities will increase the minimum penalty for misuse of designated parking, under municipal by laws, to $300. • Municipalities, with a population greater than 10,000, are required to establish accessibility advisory committees. In addition, the legislation stipulates that the majority of committee members must self-identify as a person with a disability. Based on public consultation, new legislation was developed. In June 2005, the Accessibility for Ontarians with Disabilities Act 2005 (AODA) was enacted into law with the vision of creating a fully accessible Ontario by 2025. The Act is more comprehensive and prescriptive than the ODA and its requirements now apply to the public, private, and not-for-profit sectors. Under the AODA the Province has committed to developing and implementing standards in: • Customer Service (Ontario Regulation 429/07) • Information and Communication • Employment • Transportation • Design of Public Spaces (Built Environment) 95 Page 2 of 6 The first standard, the Accessibility Standards for Customer Service (Ontario Regulation 429/07) was passed in January, 2008. The Town of Tillsonburg has been required to comply with the Standards for Customer Service since January 1, 2010. The next three standards, Information and Communication, Employment and Transportation (Ontario Regulation 191/11), have been combined into the Integrated Accessibility Standards Regulation (IASR). The IASR came into effect July 1, 2011, which provides requirements that are to be phased in over time, which, for the Town of Tillsonburg, means implementing standards from 2011 to 2021. The last accessibility standard identified under the AODA, Design of Public Spaces Standards (Built Environment) (Ontario Regulation 191/11), was most recently enacted. This standard is intended to help remove barriers in buildings and outdoor spaces for persons with disabilities. Although the AODA is in place, until all accessibility standards have been enacted into law, the ODA will remain in force. Therefore, municipalities will be obligated to comply with two pieces of legislation. The Integrated Accessibility Standards Regulation (IASR), created under the AODA, came into effect July 1, 2011. It requires organizations to develop a multi-year accessibility plan which outlines an organization’s strategy to prevent and remove barriers and meet its requirements under the IASR. This plan establishes goals and objectives for the next five (5) years, beginning January 1 st, 2014 to December 31st, 2019. The plan will be reviewed annually and as progress is made with the removal of barriers to people with disabilities, revisions will be made accordingly. Annual updates of the Multi-Year Plan will also be considered to fulfill the requirement of an Annual Plan under the ODA. Commitment Statement The Town of Tillsonburg is committed to promoting a barrier-free Town for employees, citizens and all who live, work, visit, and invest in Tillsonburg. With this report, the Town of Tillsonburg is proud to present its findings and report on the development of innovative strategies to remove and prevent future barriers for people with disabilities and our significantly maturing population. Accessibility Advisory Committee The members of the Accessibility Advisory Committee (AAC) shall be appointed by Council for a four year term. The Committee is comprised of a member of Town Council, a Town staff liaison, and stakeholders within the community. Legislation stipulates that a majority of Committee members must self-identify as a person with a disability. The meetings are open to the public and are held at the Corporate Office (200 Broadway). For agendas, or to be notified of a meeting, please contact the Clerk’s Office at clerks@tillsonburg.ca, 519-688-3009, ext. 3221. 96 Page 3 of 6 Committee Members: 2014-2018 Citizen Members: Peter Staley, Chair Mike Cerna Robert Doerr Michael Kadey Margaret McCrimmon Scot Richardson Council Representative: Councillor Brian Stephenson Staff Liaison: Tricia Smith, Deputy Clerk Accomplishments to Date The Town of Tillsonburg has been actively developing innovative approaches to addressing accessibility issues, including: • An Accessibility Advisory Committee (AAC) was formed to advise and assist the Town of Tillsonburg on matters, issues and policies pertaining to accessibility for persons with disabilities to a building, structure or premises, or part of a building, structure or premise. Also, a Terms of Reference was created to help guide the Committee. • The AAC undertook an initiative in 2012-2013 to tour Town-owned facilities and identify where barriers exist. A number of barriers have been identified and documented, and solutions are being explored. • The AAC has also identified and documented a number of outdoor locations in town which are unfriendly to persons with disabilities, most of which can be addressed by cutting curbs or fixing sidewalks. The Roads department has been notified of these issues and changes have been made as necessary. • A Town Accessibility Policy was created and made available to the public to address the guidelines for dealing with accessible customer service for the municipality; • A new Town website was launched in May, 2016 which integrated accessibility features within its design. The site includes Browsealoud, a tool which reads text out loud to individuals with vision impairments, or users who have difficulty reading. • A landing page has been dedicated on the new website to Accessibility and includes information on the Tillsonburg Accessibility Advisory Committee and Accessibility Resources, including the Town’s Multi-Year Accessibility Plan, Accessibility Plan, Accessibility Policy, and links to the AODA and relating regulations. • Business cards, corporate letterhead and templates are being redesigned to ensure they comply with accessibility requirements. • An improved feedback mechanism has been incorporated into the new website so that members of the public can bring accessibility issues and concerns to the Town’s attention via an on-line Comment/Complaint form. • The Customer Service Centre provides additional ways for people with mobility 97 Page 4 of 6 disabilities to obtain municipal services 24 hours a day e.g. phone, fax, email, web- site, automatic bill payment, internet banking bill payment etc. • Several measures were taken by municipal staff to ensure increased accessibility during the 2010 municipal election. These included accessibility audits of all polling locations, and allowing staff to assist persons with disabilities who required assistance filling out forms, filling out a ballot, or accessing a voting location. The Town also offered roving polls. • AODA Training is given to all new employees and volunteers of the Town as part of their orientation and a copy of this training video is now available on the new Town website on the Accessibility landing page. • The Central Business District Design Study was created with consideration to accessibility issues throughout the process. • All job postings now include a standard statement to express the Town’s desire to accommodate individuals with disabilities during the hiring process and leading into successful employment. • Accessibility features were considered when designing self-service kiosks. • Staff met with Tillsonburg Taxi Companies regarding complying with the requirement to post their fees and provide a fare card in an accessible format. • Staff posted a survey to the public in order to determine accessible taxicab needs within the community and forwarded that information to the taxi cab companies; • Accessibility was considered in the development of a new Town procurement policy and a process was included to incorporate accessibility criteria and features when procuring or acquiring goods, services, or facilities. • Facilities have been updated to include ramps with handrails, sliding entrance doors, grab bars, and door operators wherever possible. • A sidewalk inspection program is completed annually to identify and repair deficiency’s such as trip ledges. • In July, 2016, a new unisex barrier-free public washroom was installed in the north end of the Tillsonburg Community Centre to improve the accessibility features on the main floor. • Additional enhancements made to the Community Centre since 2014 include: o The installation of power assist doors at the north entrance; power assisted entrance doors, and an accessible main desk for the Health Club; o Elevation of toilets at the Senior Centre; o Installation of (3) accessible water fountain/refill stations at the TCC and one at the OPP station; o Installation of grab bars in both pool change rooms for hairdryer use at TCC; o Installation of power assist door and accessible paddles on pool doors and arms for the pool life chair; o Replacement of doorknobs with handles at the Corporate Office (September, 2016). • In November, 2016, the Accessibility Advisory Committee in partnership with the Tillsonburg Chamber of Commerce introduced the Accessibility Achievement Award to recognize the outstanding contributions by an individual, business, organization or school for their efforts in reducing/eliminating barriers in the community for people with disabilities. 98 Page 5 of 6 • Application of accessible sidewalk crossing design in all 2016 road reconstruction projects as per the Integrated Accessibility Standards Regulation O.Reg. 191/11 Part IV.1) Design of Public Spaces Standards (Accessibility Standards for the Built Environment) Exterior Paths of Travel. • Accessible upgrades at the Mid-block pedestrian crossing on Broadway at Town Centre Mall including: Sidewalk and Curb Ramps o Low slope curb ramps for easier navigation o Flared curb ramps for positional awareness o Tactile walking surface indicators for positional awareness Accessible Pedestrian Signals o Locator and walk indicator tone for positional awareness o Maximum installation height and distance from the curb for ease of access o Tactile directional arrows to indicate crossing location for easier navigation o Audible and vibro-tactile walk phase indication for easier navigation Goals for 2014-2018 Accessibility Advisory Committee • The AAC will provide an advisory role for all corporate projects to ensure that accessibility is considered; • In 2014, the AAC will finish reviewing Town-owned facilities and identify where barriers exist. The Committee will forward these results to senior staff as they arise; • The AAC will conduct inspections of private business, upon their request, to help raise awareness for accessibility in the Town; • Work in partnership with the various Accessibility Advisory Committees across Oxford County for the purpose of heightening awareness in relation to improved accessibility. Design & Public Spaces – Built Environment • Accessibility will continue to be considered when reviewing planning applications; • The Town will continue committing to encouraging the private sector, when undergoing material alterations, to retrofit existing buildings for accessibility and developing suitable policies and procedures. • Annual sidewalk inspection program will continue as needed to evaluate cracks, offset joints, and holes in sidewalks. Problems will be fixed as they arise. • Continue accessible sidewalk crossing design in all road reconstruction projects. • Implementation of a new accessible pedestrian crossing at the intersection of Broadway & Glendale including: Sidewalk and Curb Ramps o Low slope curb ramps for easier navigation o Flared curb ramps for positional awareness 99 Page 6 of 6 o Tactile walking surface indicators for positional awareness Accessible Pedestrian Signals o Locator and walk indicator tone for positional awareness o Maximum installation height and distance from the curb for ease of access o Tactile directional arrows to indicate crossing location for easier navigation o Audible and vibro-tactile walk phase indication for easier navigation Facilities • Staff will evaluate barrier issues addressed through site tours by the AAC to determine further accessibility issues and how they can be incorporated into various Town facilities; • Renovations will be conducted at the Community Centre in the pool change room and health club to create a fully accessible entrance to the pool as well as accessible showers and change area; • Lever handles will be added to doors at multiple Town locations to increase accessibility at entrances; Employment • Staff will continue to be made aware of the Town’s Accessibility Plan, and the Town’s Accessibility Policies; • Staff will notify new employees of existing policies for accommodating persons with disabilities; • Should existing employees express an interest in obtaining an accessible format or communication support in order to perform their job, the request will be handled by the Clerk. Customer Service • The Town’s Accessible Customer Service Policy will continue to be complied with, and reviewed by staff to ensure the Town is providing an adequate level of Accessible Customer Service to the public; Information and Communication • Continuing efforts are being made by the Town to make more information available to the public to promote accessibility and transparency in municipal operations. A searchable portal has been incorporated into the new Town website which includes a number of public documents (i.e. Council & Committee Agendas and Minutes, By- Laws, Policies, Strategic Plans, etc.). • Multiple formats of Town policies and procedures will be made available upon request; • There are an expanded number of forms included on the new town website to allow for alternative means to submit comments, complaints and feedback, as well as to apply for volunteer positions on Council Committees; as well as on-line payment options for expanded service. • The new Town website has been evaluated to ensure compliance with WCAG 2.0 Level AA – web content accessibility guidelines; 100 Page 7 of 6 • Elections manuals, technology and software will be reviewed and amended if necessary in preparation for the 2018 Municipal Election. Transportation • Accessibility requirements have been integrated into the taxicab by-law and appropriate accessibility requirements have been included. • Tillsonburg Town Council supported the formation of the Transportation Pilot Steering Committee and the development of a transportation pilot program to provide cost effective transportation to the community. The program was launched in April, 2016 and offers Mon-Fri. accessible van service for residents going to and from work, appointments and shopping. Enhancements are being made to expand the program to include service on Sundays and Norfolk Mall has been added to the service route. Conclusion The Town of Tillsonburg is committed to addressing existing barriers and preventing future barriers to allow people with disabilities full participation in our community. The Town encourages input from all Town of Tillsonburg residents. The Town of Tillsonburg is of the opinion that this legislation should improve accessibility in workplaces and public spaces and improve access to employment, customer service, communication and transportation. However, as the financial impact of this legislation on municipal taxpayers is significant, the Town also recommends that the province assume some financial responsibility for these requirements. Feedback on the accessibility of the Town’s facilities, programs, and services is always welcome. Please contact the Town Clerk with any inquiries regarding this Accessibility Plan: Donna Wilson Town Clerk Town of Tillsonburg 200 Broadway, Suite 204 Tillsonburg, ON N4G 5A7 519-688-3009 ext. 3224 dewilson@tillsonburg.ca 101 Page 8 of 6 102 Report Title Accessibility Achievement Award Report No. CL 16-32 Author Tricia Smith, Deputy Clerk Meeting Type Council Meeting Council Date December 12, 2016 Attachments Award Criteria; Nomination Form RECOMMENDATION THAT Council receive Report CL 16-32, Accessibility Achievement Award; AND THAT Council endorse the Accessibility Achievement Award program; AND THAT staff be directed to circulate notice of the Accessibility Achievement Award to the public. BACKGROUND Beginning in March, 2016 the Accessibility Advisory Committee began discussions regarding the implementation of a new Accessibility Achievement Award program as one of their primary goals for the 2014-2018 term to recognize leadership in accessibility in Tillsonburg’s private sector. The intent of the program will be to recognize the outstanding achievements of Individuals, Organizations, Schools and owners of businesses in Tillsonburg which have helped to reduce and/or eliminate barriers for persons with disabilities, help to strengthen the community, as well as promote accessibility awareness. Award recipients may be recognized in one of six categories, including: 1. Built Environment - for improvements made to the interior and/or exterior of a building to make an operating location more accessible and going above and beyond the legislated requirements of the Accessibility for Ontarians with Disabilities Act (AODA); 2. Customer Service – for demonstrating leadership in the area of service delivery; 3. Education – for inspiring and developing the potential of persons with a disability; 4. Employment – for providing flexible and respectful work-related opportunities for individuals with disabilities; 5. Recreation – for eliminating barriers and improving access to and participation in recreational programs and services; and as a 6. Volunteer and positively impacting upon the lives of members of the community in the area of accessibility. Whether simple modifications have been made to a program, service or building or extensive revamping or renovations have taken place, such efforts can make a sizable and positive impact Page 1 / 3 Cl 16-32 103 upon the lives of those individuals living with a disability. The goal of the Accessibility Achievement Award program is to get people thinking outside of the box and coming up with creative and cost-effective solutions to making products, services, programs and facilities more accessible for all. In October, 2016, the Deputy Clerk and committee member Peter Staley appeared as delegates before the Tillsonburg Chamber of Commerce to speak to the Accessibility Achievement Award Program and discuss possible partnership opportunities regarding the Business category for the award. The Chamber has offered to announce the name of the award recipient(s) in the Business Category in the powerpoint presentation of other area awards given that year at the Annual Awards of Excellence Gala event and to promote the program to Chamber member businesses through Chamber communications. The Accessibility Advisory Committee has developed award Criteria and a Nomination form, which have been attached with this report. Nominations can be submitted in-person to the Clerk’s office, by email and electronically through the Town website and will be received throughout the year on an on-going basis. Awards will be presented to selected recipients at a meeting of Council, similar to that of the monthly Volunteer Achievement Award. At the November 9, 2016 meeting of the Accessibility Advisory Committee, the following recommendation was made: Resolution #6 Moved By: Michael Kady Seconded By: Robert Doerr THAT the Accessibility Advisory Committee approve the Accessibility Recognition Award Criteria and Nomination Form, as amended; AND THAT the committee recommends that Council endorse the Accessibility Recognition Award program; AND THAT staff be directed to circulate notice of the program to the public. Carried CONSULTATION/COMMUNICATION Clerk’s Office staff have provided information and administrative support to the Accessibility Advisory Committee in the development of award criteria and a nomination form. Contact was also made with the Tillsonburg Chamber of Commerce regarding possible partnership opportunities and the promotion of the Business category of the award program. FINANCIAL IMPACT/FUNDING SOURCE A nominal financial impact will be required for the creation of award certificates, which will be included within the Council business plan for the 2017 budget deliberations. Page 2 / 3 CAO 104 COMMUNITY STRATEGIC PLAN (CSP) IMPACT Section 1.3 – Excellence in Local Government Community engagement and effective communication between Town Staff and the public in the development of Town policies and initiatives demonstrates accountability in local government practices. Section 3.3 – Support the aging population and an active senior citizenship Improvements in the delivery of programs and services and to existing buildings and facilities will also improve access for the aging population. Page 3 / 3 CAO 105 Accessibility Achievement Award The Tillsonburg Accessibility Achievement Award recognizes the outstanding achievements of Individuals, Organizations, Schools and owners of businesses in Tillsonburg, which have helped to reduce and/or eliminate barriers for persons with disabilities, helping to strengthen our community and promote accessibility awareness. Such efforts may include, but are not limited to:  Demonstrating leadership in the promotion of accessibility awareness and disability issues;  Going above and beyond the legislated requirements of the Accessibility for Ontarians with; Disabilities Act (AODA) in an effort to make products, services, or an operating location more accessible;  Increasing access to and participation in programs for people with a disability, etc. Who is eligible? The nominee must be one of the following: • A resident of the Town of Tillsonburg; or • A Tillsonburg based Business, Organization or School (or provides programs/services that benefit the residents of Tillsonburg) How are recipients selected? The Town appointed Accessibility Advisory Committee shall review and evaluate nomination submissions and will base their recommendation(s) for the Accessibility Achievement Award on the established award criteria and evaluation factors (i.e. retrofit project not required by legislation, but carried out solely to improve accessibility, percentage of population that benefits from the nominated activity, level of attention or awareness the activity creates, etc.). When is the award presented? Presentations of the Accessibility Achievement Award for Individuals, Organizations, Schools and Businesses shall be made throughout the year at a meeting of Tillsonburg Town Council. How do I file a nomination? Nominations can be submitted in-person to the Clerk’s Office at 200 Broadway, 2nd Floor, Tillsonburg, Ontario; by email to clerks@tillsonburg.ca; or on-line at www.tillsonburg.ca. The Accessibility Advisory Committee is not obligated to present the Accessibility Achievement Award on an annual basis, but as nominations are selected. Town of Tillsonburg 200 Broadway, Suite 204 Tillsonburg, ON N4G 5A7 Tel: (519) 688-3009 Fax: (519) 688-0759 106 Each Nomination must include:  Completed Nomination Form signed by the Nominator;  A brief description of the achievements of the Nominee and reasons for nomination;  Additional supporting material (i.e. letters of support, testimonials, photographs, media stories, etc.) Award Categories Built Environment Improvements made to the interior and/or exterior of a building which have been designed to improve access and eliminate barriers for people with disabilities (i.e. construction of a ramp, installation of a lift/elevator, reconfiguration of an entrance, etc.). Customer Service Leadership demonstrated by an organization, business and/or individual in providing excellence in customer service to persons with disabilities. This includes actions taken to improve service delivery and/or the addition of a new service (i.e. website redesign or enhancements, bringing services directly to customers, offering discounts/financial assistance on goods and services, etc.). Education A commitment to inspiring and developing the potential of persons with a disability and creating an accessible learning environment through innovation and creativity by a teacher, instructor or individual. Employment Leadership demonstrated in providing flexible and respectful opportunities for individuals with disabilities to be integrated into the workforce and promoting independence and development. Recreation Efforts made to eliminate barriers and improve access to and participation in recreational programs and services, as well as creating a welcoming and inclusive environment. Volunteer An individual in their role as a volunteer who has positively impacted upon the lives of members of the community in the area of accessibility (i.e. improving access to programs/activities/services, actively engaging and encouraging participation by people with disabilities, improving the quality of life for persons with disabilities, etc.). Accessibility Achievement Award Nomination Form To nominate a Business, Individual, Organization or School in the Town of Tillsonburg, please provide the following information: Town of Tillsonburg 200 Broadway, Suite 204 Tillsonburg, ON N4G 5A7 Tel: (519) 688-3009 Fax: (519) 688-0759 107 Type of Nomination: Business Individual Organization School Award Category: Built Environment Customer Service Education Employment Recreation Volunteer Nominee Information First Name: ___________________________ Last Name: ________________________________ Name of Business/Organization/School (if applicable): ____________________________ Address (please check one): Home Business Organization/School ________________________________________________________________________________ Telephone Number: ___________________________ Extension: ______________________ Alternate Telephone Number: ___________________ E-mail: ___________________________________________ Reason for Nomination (Please briefly describe the achievements of the Nominee): ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ *(Please attach additional supporting material – testimonials, photographs, media stories, etc.) Nominator Information First Name: ___________________________ Last Name: ________________________________ Address ________________________________________________________________________ Telephone Number: ___________________________ Extension: ______________________ Alternate Telephone Number: ___________________ E-mail: ___________________________________________ 108 Declaration Personal Information contained on this form is collected pursuant to Section (29) of Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990 and will be used for the purposes of determining the recipient(s) of the Accessibility Achievement Award. Questions regarding this collection should be directed to the Town Clerk, Town of Tillsonburg, 200 Broadway, Tillsonburg, ON, N4G 5A7; Telephone 519-688-3009 Ext. 3224. I hereby declare that all of the information provided in this Nomination application is true and correct to the best of my knowledge. ________________________________________________________________________________ Nominator Signature Date (yyyy/mm/dd) ________________________________________________________________________________ Nomination Submissions Nominations may be submitted in person or by mail to: Accessibility Advisory Committee c/o Town of Tillsonburg 200 Broadway, Suite 204 Tillsonburg, ON N4G 5A7 Nominations may also be submitted by e-mail to: clerks@tillsonburg.ca or completed on-line at www.tillsonburg.ca. To receive the Nomination Criteria and Nomination Form in an alternate format, please contact clerks@tillsonburg.ca. 109 Report Title 2017 Meeting Calendar Report No. CL 16-33 Author Tricia Smith, Deputy Clerk Meeting Type Council Meeting Council Date December 12, 2016 Attachments 2017 Meeting Calendar RECOMMENDATION THAT Council receive Report CL 16-33, 2017 Meeting Calendar; AND THAT the following regular Council Meetings be re-scheduled or cancelled for 2017: 1. Monday, February 27, 2017 is re-scheduled to Thursday, March 2, 2017 due to the OGRA Conference (February 26, 2017 to March 1, 2017); 2. Monday, May 22, 2017 is re-scheduled to Tuesday, May 23, 2017 due to Victoria Day 3. Monday, July 24, 2017 is cancelled; 4. Monday, August 28, 2017 is cancelled; 5. Monday, October 9, 2017 is re-scheduled to Tuesday, October 10, 2017 due to Thanksgiving; 6. Monday, December 25, 2017 is cancelled; AND THAT the 2017 Meeting Calendar, be approved. EXECUTIVE SUMMARY Each December the Clerk’s Office provides Council with a calendar of meeting dates for the upcoming year. In accordance with the Town’s Procedural By-Law, Council meetings are held on the second and fourth Monday of the month, unless such date falls on a Statutory holiday, in which case the meeting will be rescheduled to the following business day. For the months of July, August and December, Council does not meet on the second Monday of the month. Other events may occur throughout the year which require a meeting(s) to be rescheduled or cancelled. A copy of the proposed 2017 Meeting Calendar is attached with this report, which includes the rescheduled and cancelled meetings of Council for 2017. Following Council approval, a copy of the 2017 Meeting Calendar will be circulated to MP Dave MacKenzie, MPP Ernie Hardeman, County of Oxford Clerk’s Office, County of Oxford Planning Page 1 / 2 CL 16-33 110 Office, posted on the Town website and in the local newspaper, as well as circulated to the local media. FINANCIAL IMPACT/FUNDING SOURCE There is no financial impact associated with the 2017 Meeting Calendar. COMMUNITY STRATEGIC PLAN (CSP) IMPACT Section 1.3 – Excellence in Local Government The 2017 Council Meeting Calendar provides an effective form of communication to the public regarding upcoming meeting dates and times for Council. Page 2 / 2 CAO 111 March June September December Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 1 2 3 1 2 1 2 5 6 7 8 9 10 11 4 5 6 7 8 9 10 3 4 5 6 7 8 9 3 4 5 6 7 8 9 12 13 14 15 16 17 18 11 12 13 14 15 16 17 10 11 12 13 14 15 16 10 11 12 13 14 15 16 19 20 21 22 23 24 25 18 19 20 21 22 23 24 17 18 19 20 21 22 23 17 18 19 20 21 22 23 26 27 28 29 30 31 25 26 27 28 29 24 25 26 27 28 29 30 24 25 26 27 28 29 30 31 Tillsonburg Council Budget Council Meeting Oxford County Council November Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 August Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 May Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 February Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 October Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 July Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 April Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 January Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2017 Meeting Calendar 112 Report Title Committee Appointments Report No. CL 16-34 Author Tricia Smith, Deputy Clerk Meeting Type Council Meeting Council Date December 12, 2016 Attachments Proposed By-Law & Schedule A RECOMMENDATION THAT Council receive Report CL 16-34, Committee Appointments; AND THAT __________, _____________, ____________, ____________, be appointed to the Canada 150 Committee; AND THAT ___________, be appointed to the Special Awards Committee; AND THAT By-law 4066, To amend Schedule A of By-Law 3876, be brought forward for Council consideration. BACKGROUND At the September 26, 2016 meeting Council endorsed the Terms of Reference for the Canada 150 Committee and appointed (4) members from the community and a member of council to plan a large-scale Canada Day event in partnership with Town staff, various community groups and organizations, as well as promote the development and presentation of events throughout the community between January 1, 2017 to December 31, 2017) to commemorate Canada’s 150th anniversary. The Canada 150 committee was circulated notice of the resignation of member Erin Getty at their November 21, 2016 meeting and has provided Council with recommendations for the replacement. At the October 5, 2016 meeting of the Special Awards Committee, notice of resignation of member Ann Loker was received. The Clerk’s Office advertised the vacancy on the committee on the Town website and in the local newspaper and one application was received. Page 1 / 2 CL 16-34 113 CONSULTATION/COMMUNICATION Clerk’s staff worked in partnership with the Marketing & Communications Officer to post notice of the committee vacancies. FINANCIAL IMPACT/FUNDING SOURCE Financial impacts to be included in the Council Business Plan as part of the 2017 budget deliberations. COMMUNITY STRATEGIC PLAN (CSP) IMPACT Committee appointments demonstrate an excellence in local government through increased opportunities for citizens and stakeholders to be included in oversight on municipal operations. Page 2 / 2 CAO 114 By-Law 4036 to Schedule “A” to Amend By-Law 3876 Town of Tillsonburg Committees 2014 – 2018 Board/Committees Citizen Appointments Terms of Reference Composition Council Representatives Staff Liaison Accessibility Advisory Committee Mike Cerna Robert Doerr Margaret McCrimmon Michael Kadey Scot Richardson Peter Staley (1) Vacancy The mandate of the Accessibility Advisory Committee is to fulfill the duties of a Municipal Accessibility Advisory Committee, as outlined in the Accessibility for Ontarians with Disabilities Act, 2005 and to provide advice to Council on programs, policies and services provided to persons with disabilities and seniors. 7 members 1 Staff 1 Councillor Councillor Stephenson Deputy Clerk Airport Advisory Committee Rick Lee Richard Van Maele Geoffrey Lee Donna Scanlan Euclid Benoit Andre Brisson Henry Atkinson Jeremy Stockmans John Prno Mel Getty Councillor Valerie Durston (South-West Oxford) To advise and assist the Town of Tillsonburg on matters pertaining to the Tillsonburg Regional Airport. The Airport Advisory Committee will provide a forum for receiving input and advice from aviation stakeholder groups and the community with respect to the Airport Master Plan, strategic initiatives and operational improvements. The Committee will also provide a forum for dialogue, communication and education. Councillor Rosehart Development Commissioner Last revised December 12, 2016 115 Town of Tillsonburg Committees 2014 – 2018 Board/Committees Citizen Appointments Terms of Reference Composition Council Representatives Staff Liaison Canada 150 Ad Hoc Committee ______________ Josiane DeCloet Jami Stephenson Aleksandra Webber 7 members 3 Staff 1 Councillor Councillor Stephenson Deputy Clerk Culture & Heritage Manager Recreation Programs Supervisor Cultural Advisory Committee Erin Getty Josiane DeCloet Deb Beard Heather Benton Jami Stephenson Terry Fleming Vern Fleming (1) Vacancy To advise Council on matters, issues and policies pertaining to tourism, cultural events and festivals and to actively encourage partnerships. To develop and obtain Council endorsements of sub- committees when necessary to establish events such as Turtlefest, Airshows, Tillsonburg Christmas Festival, etc. To develop relationships for coordinating events with local service groups, BIA, Chamber of Commerce, Station Arts Centre and sports groups. 6 members 1 Staff 1 Councillor Councillor Stephenson Culture & Heritage Manager Development Committee Lisa Gilvesy Steve Spanjers Randy Thornton John Veldman Andrew Burns Paul DeCloet Ashton Nembhard Kirby Heckford To advise and assist in the promotion of development within the Town. To develop alliances and partnerships to advance the Town’s strategic plan and to assist in the overall community growth within the Town. 9 members 1 BIA Rep 1 Chamber Rep 1 Real Estate Rep 2 Staff 1 Councillor Councillor Hayes CAO Development Commissioner Last revised December 12, 2016 116 Town of Tillsonburg Committees 2014 – 2018 Board/Committees Citizen Appointments Terms of Reference Composition Council Representatives Staff Liaison Lindsay Morgan – Real Estate Rep Cedric Tomico - BIA Rep Jesse Goossens – Chamber Rep Heritage, Beautification and Cemetery Committee Paul DeCloet Sue Saelens Marion Smith Janet Wilkinson Robert Marsden Ken Butcher Charlie Baldwin Paul Wareing Christine Nagy Matthew Fenn Maurice Verhoeve To advise and make recommendations to Council on all matters with respect to architectural and historical significance, beautification of public spaces, including trees, and Tillsonburg cemeteries. To advise Council of new and relevant legislation and funding initiatives; to make recommendations and assist with the development of education programs; and to liaise with the community and other organizations to promote Tillsonburg heritage, beautification and cemeteries. 9 members 1 Staff 1 Councillor Councillor Esseltine Facilities Manager Museum Advisory Committee Dianne MacKeigan Robert Marsden Mary Lou Sergeant Marianne Sandham Jami Stephenson Aleksandra Webber (1) Vacancy To research, collect, preserve, exhibit and promote the Tillsonburg Museum. To make recommendations to Council on policies and procedures pertaining to the museum. To work with the Tillsonburg Historical Society regarding trusts for restoration and artifact purchases. 6 members 1 staff 1 Councillor Councillor Rosehart Culture & Heritage Manager Last revised December 12, 2016 117 Town of Tillsonburg Committees 2014 – 2018 Board/Committees Citizen Appointments Terms of Reference Composition Council Representatives Staff Liaison Parks and Recreation Advisory Committee Donna Scanlan Bob McCormick Donald Baxter Mike Cerna Mel Getty James Payne Susan Labanich Paul DeCloet Susie Wray Craig Cole (2) Vacancies To advise Council and make recommendations on the programming and utilization of Parks, Trails, Green Space and Recreational facilities within Tillsonburg. To help implement the Community Parks, Recreation & Cultural Strategic Master Plan. To develop and obtain Council endorsements of sub-committees when necessary to deal with Trails, Tillsonburg Wall of Fame, etc. 12 members 2 staff 1 Councillor Councillor Esseltine Recreation Programs Services Manager Special Awards Committee ______________ Sam Lamb Matt Scholtz Mary Anne VanGeertruyde To advise Council and make recommendations on awards for volunteer service within the Town of Tillsonburg. The Volunteer Service Recognition Program shall recognize volunteers on a monthly basis when nominations are received by the Special Awards Committee. The Committee shall organize a Town of Tillsonburg volunteer recognition social event on a yearly basis with budget approval. Councillor Stephenson Town Clerk or Designate Last revised December 12, 2016 118 Town of Tillsonburg Committees 2014 – 2018 Board/Committees Citizen Appointments Terms of Reference Composition Council Representatives Staff Liaison Tillsonburg Non Profit Housing Corporation Robert Hurley Evenly Fritz Ron Gasparetto Joyce Hanson Geraldine Brisebois John Stanbridge Terry Pierce Carolyn Hicks Roderick Van Riesen Councillor Adam n/a Last revised December 12, 2016 119 Report Title Canada 150 Community Leader Program Report No. CL 16-35 Author Tricia Smith, Deputy Clerk Meeting Type Council Meeting Council Date December 12, 2016 Attachments Letter to Municipalities, Community Leader Toolkit, Nomination Form RECOMMENDATION THAT Council receive Report CL 16-35, Canada 150 Community Leader Program; AND THAT _______________, ________________, ________________, _______________________, be nominated by Council as Tillsonburg's Canada 150 Community Leaders; AND THAT staff be directed to submit the nominations to the Federation of Canadian Municipalities. BACKGROUND The Federation of Canadian Municipalities (FCM) has extended an invitation to municipal councils to submit the name of one or more individuals from their community to form part of the Canada 150 Community Leader Network for 2017. The purpose of the network is to “involve all municipalities in the 2017 sesquicentennial celebrations and ensure that information about Canada 150 events is available and communicated effectively to the public, while also establishing a national network of municipal representatives”. The role of Community Leaders is to get involved in local events and reach out to other communities to share ideas, encourage interest in Canada 150 events and activities, inspire dialogue and stimulate engagement; work with their municipal councils, promote connections with various associations and individuals and “serve as a legacy to Canada 150 celebrations with the ability to create nation-wide linkages for years to come”. Municipal councils are asked to consider the Canada 150 themes when nominating a Community Leader(s), which include: 1.Engaging and inspiring youth by looking to youth or youth leaders;2.Diversity and inclusion, by ensuring balance of diversity in their selection;3.The environment, by looking to those that are building a sustainable community; and 4.National reconciliation, by ensuring indigenous leadership is represented when possible. Page 1 / 2 CL 16-35 120 Community Leaders will be invited to share information about their communities on social media using #Muni150 alongside the existing #Canada150 hashtag and the FCM will also profile information through their communication channels and at national events. Community Leaders, along with council members, may be invited to promote and participate in the pan-Canadian projects held in their municipalities as official Canada 150 community representatives. A Community Leader may include a member of council or a prominent community member and more than one individual can be nominated to ensure strong representation from a municipality. The FCM will be providing orientation to Community Leaders and is looking to have the network in place in time for the kick off of Canada 150 celebrations on January 1, 2017. The Tillsonburg Canada 150 Committee has expressed interest in submitting nominations to the program to represent the Town of Tillsonburg. The deadline for nominations is mid- December, 2016. The Tillsonburg Canada 150 committee has received interest from (3) members of the community in regards to the Community Leader Program and has provided a recommendation to council. CONSULTATION/COMMUNICATION Clerk’s staff have worked in partnership with the Tillsonburg Canada 150 committee to provide information about the Canada 150 Community Leader program, participated in discussions with Canada 150 Committees from across Oxford County and consulted with the FCM regard program deadlines. FINANCIAL IMPACT/FUNDING SOURCE There will be no financial impact associated with the nomination(s) to the Canada 150 Community Leader program. COMMUNITY STRATEGIC PLAN (CSP) IMPACT Section 1.1 – Demonstrate strong leadership in Town initiatives Canada 150 Leaders will communicate and promote Canada 150 events in Tillsonburg to keep residents informed and foster civic pride as part of the activities planned to mark Canada’s 150th anniversary. Page 2 / 2 CAO 121 123 124 125 126 — — 127 128 129 130 (name of municipality) appoints (insert name) as a Canada 150 Community Leader – Cana a’s 150 Recognizing t at community buil ing is nation buil ing t 131 STAFF REPORT CLERK Report Title: COMMITTEE OF ADJUSTMENT APPOINTMENT Report No.: CL 16-37 Author: DONNA WILSON, CLERK Meeting Type: COUNCIL MEETING Council Date: DECEMBER 12, 2016 Attachments: APPOINTMENT BY-LAW RECOMMENDATION: THAT Council receives Report CL 16-37 Committee of Adjustment Appointment; AND THAT all members of Tillsonburg Town Council be appointed to the Committee of Adjustment; AND THAT an Appointment By-law be brought forward for Council’s consideration. EXECUTIVE SUMMARY The Planning Act provides that if a municipality has passed a by-law under Section 34 of the Act (a zoning by-law), the council may by by-law constitute and appoint a committee of adjustment for the municipality which shall be composed of a minimum of three persons. The Committee of Adjustment is a quasi-judicial body, operating independently from Council, which must comply with rules of procedure as prescribed in the Planning Act. In accordance with Section 44(3) of the Planning Act, the members of the committee who are members of a municipal council shall be appointed annually. The appointment of Council to the Committee of Adjustment is required for the year 2017 in order to comply with the Planning Act, R.S.O. 1990. FINANCIAL IMPACT/FUNDING SOURCE There is no financial impact to the appointment of the Committee of Adjustment. IMPACT ON COMMUNITY STRATEGIC PLAN Section 1 – Excellence in Local Government 1.3 Demonstrate accountability – Citizens are aware of ongoing initiatives and planning applications. 132 Report Title Branded Merchandise Program Update Report No. DCS 16-36 Author Colleen Pepper, Marketing and Communications Officer Meeting Type Council Meeting Council Date October 24, 2016 Attachments • Request for Proposals Document RECOMMENDATION THAT Report DCS 16-36 Branded Merchandise Program Update be received as information. EXECUTIVE SUMMARY On September 12, 2016 Council authorized staff to issue a Request for Proposal (RFP) regarding the delivery of a branded merchandise program for the Town of Tillsonburg. This report provides an overview of the RFP process and advises that Talbot Marketing has been contracted to provide these services for a three year period ending December 31, 2019. BACKGROUND Historically, the Town of Tillsonburg has not had a formal branded merchandise program. Instead, a limited number of branded items have been ordered on an ad hoc basis in conjunction with special events and/or general Town promotional purposes. Some departments have also provided branded clothing to staff to help identify them while working amongst the general public. However, with the launch of the new town logo, there has been increased demand for Tillsonburg-branded items. On September 12, 2016, Council authorized staff to issue a Request for Proposal regarding the delivery of a branded merchandise program for the Town of Tillsonburg. Overview Five experienced and reputable promotional products companies were approached to provide proposals. • Epic Promo (Tillsonburg) • McCabe Promotional Advertising (London) • New Era Grafix (London) • Talbot Marketing (London) • WSC Image (Tillsonburg/Woodstock) Page 1 / 3 Report DCS 16 - 36 133 All companies were provided with the same background information package (Appendix A) and asked to make presentations to staff on how their firm could address the Town’s key business needs: 1) Create revenue and minimize financial risk 2) Save staff time 3) Implement an inventory management solution Firms were also evaluated based on their product samples, and the quality of their presentation. Two staff members were present during each presentation. McCabe Promotional Advertising declined to make a proposal/presentation based on the Town’s expected sales volumes. Following the initial presentation, two companies were shortlisted and asked to provide competitive pricing for three typical items. Talbot Marketing had the highest overall score (96). Talbot is one of the largest providers of promotional products and apparel in Canada. They have been servicing businesses since 1886 and offer a 100% total satisfaction guarantee on everything they sell. Talbot’s proposed solution is summarized below: • Create a hybrid model program where staple, high-volume products are warehoused at the Talbot facility in London. • Other products would be made to order as needed (available based on 24-48 hour delivery) or sold via limited time offers. • Talbot would control the warehouse inventory with pre-approved minimums and maximums. • All products would be priced to provide a percentage rebate to the Town quarterly while still offering value to individual buyers. Talbot has provided merchandise to a number of Town departments in the past including Recreation, Culture and Parks, Tillsonburg Fire and Rescue Services and Economic Development. Other area clients include Ontario Police College and the Township of Malahide Fire and Emergency Services. Talbot’s product line is vast and includes all the major names in promotional apparel and merchandise. They also have an extensive line of technical, uniform and PPE clothing. CONSULTATION/COMMUNICATION The Purchasing Coordinator assisted in the development of the RFP and coordinated the interview process. Talbot’s presentation to the Town was made by Talbot president, Steve Levschuk and Senior Account Manager Dawn Pettit. Page 2 / 3 CAO 134 FINANCIAL IMPACT/FUNDING SOURCE Financially, the goal of the program is to satisfy consumer demand while providing a revenue stream for the corporation. Talbot’s proposal minimizes financial risk to the Town. Only five core products will need to be pre-purchased by the Town and warehoused by Talbot at any one time. Other products will be made to order—thereby limiting the Town’s exposure. Based on the Town’s past purchasing history, there will be no additional charges for the creation of the online store and program. By entering into a multi-year contract (3 years) with Talbot, the Town of Tillsonburg will benefit from greater economies of scale and receive a more consistent branded product. As well, because Talbot is one of the largest suppliers in Canada, Tillsonburg will enjoy bulk pricing for items even where typical minimum quantities are not met. COMMUNITY STRATEGIC PLAN (CSP) IMPACT The development of a branded merchandise program is in keeping with the broad strokes of the Community Strategic Plan, and more specifically, the initiative supports the objectives identified in sections 3.1 and 4.1. 3.1 Make Tillsonburg an attractive place to live for youth and young professionals 4.1 Promote Tillsonburg as a unique and welcoming community The branded merchandise program is a logical next step in the Town’s place-branding efforts. By offering an attractive, high quality product line, the Town can effectively communicate the values of the Town and the character of the people who live here. Perhaps more importantly, the program gives staff and members of the general public the ability to become brand ambassadors—persons who proudly identify themselves as having ties to Tillsonburg and share the brand story with others. This merchandise would also be available to visitors who wish to purchase souvenirs and/or gifts. As identified in the Brand Platform, delivering a consistent message about Tillsonburg is important. It is imperative that any products bearing the Town logo be good representations of the community, provide good value and are produced in accordance with the standards identified in the Brand Manual. Page 3 / 3 CAO 135 Report Title Branded Merchandise Program Award Report No. DCS 16-38 Author Cephas Panschow, Development Commissioner Meeting Type Council Meeting Council Date December 12, 2016 Attachments Report DCS 16 – 36 RECOMMENDATION THAT Report DCS 16-38 Branded Merchandise Program Award be received; AND THAT Talbot Marketing Inc be awarded a three year contract to supply a branded merchandise program for the Town of Tillsonburg. EXECUTIVE SUMMARY On October 24, 2016 Council requested additional information in response to staff’s recommendation to award the Branded Merchandise Program to Talbot Marketing for a three year period ending December 31, 2019. This report provides additional background on the Request for Quotation and selection process and recommends that Talbot Marketing be selected as the supplier for the Town. BACKGROUND In response to Report DCS 16 – 36 Branded Merchandise Program Update, Council requested additional information on the Request for Quotation process including how the vendors were invited to respond. In September, Council approved the issuance of a Request for Proposal as per the following resolution: THAT Report DCS 16-27 Release of RFP for Branded Merchandise Program be received; AND THAT Council approve the issuance of a Request for Proposal (RFP) for the delivery of a branded merchandise program for the Town of Tillsonburg. In a subsequent review of the Purchasing Policy in conjunction with the Finance Department, it was determined that the anticipated value of purchases under the Branded Merchandise Program would be much less than the $35,000 threshold, which requires a formal Request for Proposal process. Instead, it was estimated that the purchases would be well within the $10,000 to $35,000 range. Purchases in this range are required to obtain a minimum of three (3) written quotations as stipulated by the Purchasing Policy (Section 3.0). Page 1 / 5 Report DCS 16 - 38 136 In order to obtain quotations for this program, staff prepared a Request for Quotation document and invited five companies to respond. Four responses were received, which was one more than required by the Town’s Purchasing Policy. Staff then conducted an extensive evaluation of the four quotations received as follows:  Review of product samples;  Interviews with company representatives;  Shortlisting of the two top companies; and,  Review of pricing from the two top companies. The four companies were scored based on a variety of criteria (Product Quality/Samples, Minimize Financial Risk, Save Staff Time, Inventory Management Solution, Presentation/ Reputation) with companies receiving between 65 to 96 points based on their performance. Overall, Talbot Marketing had the highest score of 96 with a significant gap between them and the second place company. Staff obtained pricing from the two shortlisted suppliers and found that the prices were comparable between the two companies. Supplier Cup Tshirt Hoodie Total Company ABC 13.76 4.90 31.97 50.63 Talbot 11.95 5.15 32.95 50.05 The key requirements for the Branded Merchandise Program are to: 1) Create revenue (for the Town) and to minimize financial risk; 2) Save staff time; and, 3) Implement an inventory management solution. Page 2 / 5 CAO 137 The model being proposed by Talbot Marketing to address these concerns is summarized in the below table. Branded Merchandise Program Summary Item Comment Online Store  E-commerce store created by and maintained by Talbot Marketing at no cost to the Town with standard reporting included  Allows for public and (Town) departmental purchases Physical Stores  The former snack bar/skating club space at the Tillsonburg Community Centre will be converted to a merchandise display and storage area  The ANHS Museum will also have a small display of items available for purchase Inventory Management  Five standard promotional items will be selected by the Town with a small inventory available at Town facilities and additional stock held at Talbot Marketing’s London facility  In addition to the standard items, Talbot will make available limited-time promotions for other seasonal items and quick fulfilment made-to-order products on the website Pricing  Price for five standard items will not increase for the first year of the contract and will only increase on anniversary dates of the contract (not mid-year)  Town will benefit from Talbot’s purchasing power as one of the largest providers of premium incentive and promotional products in Canada for both large and small orders  Purchases made by Town departments would be at cost and not subject to mark-up Revenue  Pricing for purchases made by the public would be set as appropriate based on sales data and underlying costs  Net revenue would be provided to the Town on a quarterly basis In summary, the Merchandise Program model proposed by Talbot Marketing creates revenue for the Town by allowing the Town to set prices for any/all sales to the public. Since Talbot is holding most of the inventory (other than a minor supply of items at Town facilities), there is minimal financial risk to the Town as the Town is not holding a large supply of inventory. Other products would be made to order—further limiting the Town’s exposure. Page 3 / 5 CAO 138 This proposal will save staff time by outsourcing the management of public sales (and some departmental sales) to Talbot. Up to now, Town staff have been managing both of these areas with some impact on other responsibilities. With the new program and proposed inventory management solution, the impact to Town staff will be reduced while service levels should see a significant improvement. Based on their solution, reputation and high ranking, staff is recommending that Talbot Marketing Inc be awarded the contract for the Branded Merchandise Program for a three year period from 2017 to 2019. By entering into a multi-year contract (3 years) with Talbot, the Town of Tillsonburg will benefit from greater economies of scale and receive a more consistent branded product. As well, because Talbot is one of the largest suppliers in Canada, Tillsonburg will enjoy bulk pricing for items even where typical minimum quantities are not met. CONSULTATION/COMMUNICATION Not applicable. FINANCIAL IMPACT/FUNDING SOURCE The goal of the Branded Merchandise Program is to satisfy consumer and departmental demand for branded products while providing a revenue stream for the corporation. In this regard, costs and revenues will be managed within the Recreation, Culture and Parks Department budget with revenue offsetting program costs. Although it is not possible to estimate net impacts, staff believe that this program could generate between $3,000 to $4,000 in additional revenue for the Town. More information will be available after the first year of operation. COMMUNITY STRATEGIC PLAN (CSP) IMPACT The development of a branded merchandise program is in keeping with the broad strokes of the Community Strategic Plan, and more specifically, the initiative supports the objectives identified in sections 3.1 and 4.1. 3.1 Make Tillsonburg an attractive place to live for youth and young professionals 4.1 Promote Tillsonburg as a unique and welcoming community The branded merchandise program is a logical next step in the Town’s place-branding efforts. By offering an attractive, high quality product line, the Town can effectively communicate the values of the Town and the character of the people who live here. Perhaps more importantly, the program gives staff and members of the public the ability to become brand ambassadors— persons who proudly identify themselves as having ties to Tillsonburg and share the brand story with others. This merchandise would also be available to visitors who wish to purchase souvenirs and/or gifts. Page 4 / 5 CAO 139 As identified in the Brand Platform, delivering a consistent message about Tillsonburg is important. It is imperative that any products bearing the Town logo be good representations of the community, provide good value and are produced in accordance with the standards identified in the Brand Manual. Page 5 / 5 CAO 140 Report Title Bank Signing Authorities Report No. FIN 16-36 Author JANELLE COSTANTINO Meeting Type Council Meeting Council Date DECEMBER 12, 2016 Attachments None RECOMMENDATION THAT Council receives report FIN16-36 Bank Signing Authorities. AND THAT Council appoints the following as designated signing authorities for the Town’s general banking needs: Mayor Stephen Molnar or Deputy Mayor Dave Beres; and one of the following: Director of Finance/Treasurer, Dave Rushton; or Manager of Finance/Deputy Treasurer, Janelle Costantino. EXECUTIVE SUMMARY To obtain Council approval for designated bank signing authorities. BACKGROUND When a bank signing authority changes, Council must re designate the Town’s bank signing authorities. The hiring of the Acting Director of Finance/Treasurer has required this signing authority change. FINANCIAL IMPACT/FUNDING SOURCE None Page 1 / 1 Bank Signing Authorities 141 Report Title Proposed Changes to the User Fee Policy Report No. RCP 16-34 Author Rick Cox, Director of Recreation, Culture & Parks Meeting Type Council Meeting Council Date December 12, 2016 Attachments • Revised User Fee Policy (annotated version) RECOMMENDATION THAT Council receive Report RCP 16-34 – Proposed Changes to the User Fee Policy for information; AND THAT the User Fee Policy be amended as per the attached draft; AND THAT a by-law be brought forward for Council approval. EXECUTIVE SUMMARY By-Law 4013 authorizing the User Fee Policy was passed by Council in April 2016. Some minor changes are recommended to make the policy more responsive to community needs. BACKGROUND The User Fee Policy was passed by Council to give staff clear and consistent procedures for establishing user fees for Recreation, Culture and Parks programs and services. The following changes are proposed (in red): 2) Apply reductions to the base rate in an effort to increase volume using: b) User Class Reductions - programs and facility rentals i) Adult – Base Rate: no reduction. ii) Child/Youth Rate – 30% reduction for each additional child in the same nuclear family registered at the same time. iii) Toddler rate - 100% reduction for Lake Lisgar Water Park for children 5 years & under. iv) Registered Non-Profits - 25% reduction of base rate on rental of space at the Tillsonburg Community Centre and/or Memorial Park & Fairgrounds for fundraising events (hourly rate not eligible). Registered Non-Profits may also be provided donations of Season Passes (ages 6+) to the Lake Lisgar Waterpark for use in fundraising auctions. v) Designated Minor Sport Organization – nominal annual fee for use of designated administrative and storage space. vi) School Boards - 25% reduction off base rate on rental of meeting and/or function space at the Tillsonburg Community Centre. Schools and school parent associations may also be provided donations of Season Passes (ages 6+) to the Lake Lisgar Waterpark for use in fundraising auctions. Page 1 / 2 RCP 16-34 - Proposed Changes to the Use 142 The following additions are proposed: In Setting Fees (1): As a guideline, annual increases to accommodate inflation should be applied to all fees except where price sensitivity and competitiveness will be negatively affected. As a new section: Community Donations Requests for items to be donated by the Town for door prizes and auction items at community events will be considered on a case-by-case basis by the Recreation Programs & Services Manager. Available items include but are not limited to gift certificates, coupons and discounted admission passes. CONSULTATION/COMMUNICATION Community groups identified that Season Passes were not always a suitable match to the event or request. Staff reviewed options provided by other municipalities. FINANCIAL IMPACT/FUNDING SOURCE The financial impact of providing gift certificates and admission passes is that the Town will not receive revenue for the value of the certificate, coupon or pass when it is redeemed. In 2016, $4,200 in free passes were issued for inclusion in Welcome Wagon packages; of these $550 have been redeemed. An additional $1,670 in free passes were issued for other fundraising or door prizes, most of which have never been redeemed. COMMUNITY STRATEGIC PLAN (CSP) IMPACT This action is in alignment with the following Objectives of the Community Strategic Plan: • Objective 1 – Excellence in Local Government • Objective 4 – Culture and Community Page 2 / 2 RCP 16-34 - Proposed Changes to the Use 143 THE CORPORATION OF THE TOWN OF TILLSONBURG RECREATION, CULTURE & PARKS USER FEE POLICY APPROVAL DATE: April 2016 REVISION DATE: December 2016 Page 1 of 5 SCHEDULES Policy Statement The Corporation of the Town of Tillsonburg provides a variety of recreation, leisure, and sporting opportunities for the residents of the Town and surrounding areas. These services provide the opportunity for residents to lead an active and healthy lifestyle which benefits both individuals and the community. A user fee policy provides a balanced approach for establishing fees in consideration of the following objectives. - Reducing reliance on property taxes, by recovering an appropriate portion of the costs for various services from the users that benefit from them; - Providing a fair and equitable process that encourages accessibility and participation; and, - Ensures fees contribute to the effective and efficient use of town resources. The policy provides enough flexibility to meet evolving social values and changing fiscal pressures. Purpose The purpose of this policy is to provide clear and consistent procedures for establishing user fees for Recreation, Culture and Parks programs and services. Authority Council shall: a) Approve budget targets; and, b) Approve base fees. The Director of Recreation, Culture and Parks or designate shall be responsible for administering this policy. Recreation, Culture & Parks Staff shall: a) Ensure compliance with the current Rates & Fees by-law; b) Propose base fees for new programs and services; and, c) Participate in regular reviews of base fees. POLICY Setting Fees Various strategies will be used to guide pricing decisions. The following protocol will be used to determine fees: 1) Establish the base rate using: - Input costs to provide the service, facility or program; - Competitive rates (comparison to other municipalities, service providers); and, - Inflationary increases (regular incremental increase). The comparators’ data will be reviewed at minimum every two years. The comparators will be reviewed every five years while the Town’s rates will be reviewed every year. Annually approved rates through the Rates and Fees Bylaw with specific percentage increases may be rounded for advertising and administration purposes. As a guideline, annual increases to accommodate inflation should be applied to all fees except where price sensitivity and competitiveness will be negatively affected. 2) Apply reductions to the base rate in an effort to increase volume using: - Incentive rates (non-prime-time and promotional) - User class reductions - Donations & Capital Improvement equivalent 144 THE CORPORATION OF THE TOWN OF TILLSONBURG RECREATION, CULTURE & PARKS USER FEE POLICY APPROVAL DATE: April 2016 REVISION DATE: December 2016 Page 2 of 5 SCHEDULES - Reductions for activity promotions or for special occasions - Volunteering a) Incentive rates i) Reductions for rentals - Arena Rentals - 25% Reduction 6am-5pm Monday through Friday - Facility Rentals – 25% Reduction to customers booking two or more events at the base rate at the same time. - Partnership in profit sharing – As approved by the Director, up to 40% reduction to bookings at the base rate when profit sharing becomes an opportunity. - Should an individual or company rent the Museum’s program room or grounds, they may book the historic house to be open for their guests to tour. A tour surcharge may be added to the rental fee in accordance with the current rates and fees by-law. ii) Promotional Rates Promotional rates, discounted up to 30%, may be applied to increase participation, encourage registration in new programs, promote active and healthy lifestyles and/or increase memberships or sales. iii) Advertising opportunities - Up to 25% reduction off second arena board advertising may be applied to increase advertising revenue. - Town of Tillsonburg Partners get 50% discount on advertising in Recreation Guide. Partners are considered to be the Station Arts Centre, Tillsonburg Senior Centre and Oxford County including the Oxford County Library. b) User Class Reductions - programs and facility rentals i) Adult – Base Rate: no reduction. ii) Child/Youth Rate – 30% reduction for each additional child in the same nuclear family registered at the same time. iii) Toddler rate - 100% reduction for Lake Lisgar Water Park for children 5 years & under. iv) Registered Non-Profits - 25% reduction of base rate on rental of space at the Tillsonburg Community Centre and/or Memorial Park & Fairgrounds for fundraising events (hourly rate not eligible). Registered Non-Profits may also be provided donations of Season Passes (ages 6+) to the Lake Lisgar Waterpark for use in fundraising auctions. v) Designated Minor Sport Organization – nominal annual fee for use of designated administrative and storage space. vi) School Boards - 25% reduction off base rate on rental of meeting and/or function space at the Tillsonburg Community Centre. Schools and school parent associations may also be provided donations of Season Passes (ages 6+) to the Lake Lisgar Waterpark for use in fundraising auctions. c) Donations & Capital Improvement Equivalent With the approval of the Director, equipment donations and grants received from sport groups and other organizations may result in rate reductions equivalent to the value of the donation. Credit for capital improvements may be negotiated on a case by case basis. 145 THE CORPORATION OF THE TOWN OF TILLSONBURG RECREATION, CULTURE & PARKS USER FEE POLICY APPROVAL DATE: April 2016 REVISION DATE: December 2016 Page 3 of 5 SCHEDULES d) Activity Promotions for Special Occasions Services and programs that promote physical, leisure and cultural activity for persons of all ages and abilities may be assessed a 50% reduction for admission prices. (i.e. Public Swimming/Skating, Canada Day, Waterpark ½ price days or admission donations) e) Volunteering (Museum) Active Museum Volunteers and all members in good standing of the Tillsonburg & District Historical Society receive free admission to the museum. This applies only to volunteers and members, not their families and/or guests. 3) Apply additional fees for user specific services and surcharges as applicable by using: - Extra fees - Premiums a) Extra Fees Additional fees that represent the incremental cost of licenses, contracted services, supplies and staff time may be applied for programs, rentals, and services that require extra care and attention beyond what is provided at the base rate. These fees will be charged on a cost-recovery basis. 146 THE CORPORATION OF THE TOWN OF TILLSONBURG RECREATION, CULTURE & PARKS USER FEE POLICY APPROVAL DATE: April 2016 REVISION DATE: December 2016 Page 4 of 5 SCHEDULES i) Set-up or clean-up for special events or tournaments ii) Consumable supplies for specific programs (i.e. craft or cooking classes) iii) Contract security costs for licensed events or large concerts iv) Insurance costs v) License fees vi) Special grave-side services b) Premiums Premiums may be added to cover additional costs. They may be added to the base rate and are not subject to any reductions. i) Statutory Holidays - Additional 50% of base rate Community Donations Requests for items to be donated by the Town for door prizes and auction items will be considered on a case-by-case basis by the Recreation Programs & Services Manager. Available items include but are not limited to gift certificates, coupons and discounted admission passes. Administration Administration fees for refunds, electronic transactions, withdrawals, returned NSF cheques and receipt re- prints are included in the Rates and Fees By-law. Course Cancellations Insufficient registrations may necessitate the cancellation of a program. The Town reserves the right to change or cancel programs if necessary. A 30% discount may be applied on future registrations if a course is cancelled less than 24 hours from the scheduled first class. 147 THE CORPORATION OF THE TOWN OF TILLSONBURG RECREATION, CULTURE & PARKS USER FEE POLICY APPROVAL DATE: April 2016 REVISION DATE: December 2016 Page 5 of 5 SCHEDULES Monitoring and Evaluation The Town of Tillsonburg shall continuously monitor and evaluate the effectiveness of the Pricing Policy in terms of its ability to address community needs. A full review of the policy will take place every five years or as deemed appropriate. 148 Report Title Rotary Clock Tower Agreement Report No. RCP 16-42 Author Rick Cox, Director of Recreation, Culture & Parks Meeting Type Council Meeting Council Date December 12, 2016 Attachments • Rotary Clock Tower Agreement RECOMMENDATION THAT Report RCP 16-42 – Rotary Clock Tower Agreement be received for information; AND THAT Council authorize the Mayor and Clerk to sign the Agreement between the Town of Tillsonburg and the Rotary Club of Tillsonburg regarding the Clock Tower; AND THAT a By-law is brought forward for Council consideration. EXECUTIVE SUMMARY At the Council meeting of November 14, 2016, Council passed a resolution directing staff to negotiate an Agreement with the Rotary Club of Tillsonburg with respect to the Town assuming the ownership and responsibility for the Rotary Clock Tower. This report requests Council approval for the resulting Agreement to be signed. BACKGROUND The attached agreement is in alignment with the direction and discussion of Council with respect to the Clock Tower. The Agreement expires December 31, 2036. Within the agreement, the Town’s responsibilities are identified as follows: The Town shall: 1. Assume ownership and responsibility for the building and surrounding landscaping. 2. Assume ownership and responsibility for the clock mechanism after December 31, 2019. 3. Amend the Town’s Flag Policy to incorporate the flagpoles at the Rotary Clock Tower and the Rotary Club’s responsibility for the flags that fly on these flagpoles. 4. Retain the name “Rotary Clock Tower” in recognition of the work and contribution of many Rotarians when the Clock Tower was built as long as there is a duly constituted Rotary Club operating within the Town of Tillsonburg. 5. Retain the Rotary logo and named memorials and/or donor recognition while reserving the right, in consultation with the Club, to list the memorials in a different medium than the engraved paving stones in existence at the time of entering this Agreement. CONSULTATION/COMMUNICATION The contents of the Agreement were arrived at in consultation with the President of the Rotary Club of Tillsonburg. Page 1 / 2 RCP 16-42 - Rotary Clock Tower Agreement 149 FINANCIAL IMPACT/FUNDING SOURCE There is no new financial impact resulting from this report that has not been identified in previous reports. COMMUNITY STRATEGIC PLAN (CSP) IMPACT This action is in alignment with the following Objectives of the Community Strategic Plan: • Objective 1 – Excellence in Local Government • Objective 4 – Culture and Community Page 2 / 2 RCP 16-42 - Rotary Clock Tower Agreement 150 Page 1 / 2 Rotary Clock Tower Agreement.FINAL.docx AGREEMENT Made this the ____________ day of ______________, 20___. BETWEEN ROTARY CLUB OF TILLSONBURG (Hereinafter referred to as the "Club") - and - THE CORPORATION OF THE TOWN OF TILLSONBURG (Hereinafter referred to as the "Town") WHEREAS The Club and the Town wish to enter into this Agreement with respect to the Clock Tower built by the Rotary Club on Town-owned lands at the corner of Bridge Street and Broadway; Now therefore in consideration of the mutual covenants of the parties set forth in this Agreement and other good and valuable consideration, the Club and the Town agree as follows: 1. PURPOSE The purpose of this Agreement is to continue and expand a framework of cooperation between the Town and the Club recognizing the contribution that the Rotary Clock Tower provides to the benefit of the Town and to Tillsonburg’s residents and visitors. 2. RESPONSIBILITIES The Club shall: 1. Retain ownership and responsibility for the clock mechanism until December 31, 2019. 2. Train personnel from the Town to regulate and operate the clock mechanism. 3. Retain the responsibility for maintaining flags on the flagpoles at the Clock Tower, including the right to raise flags of various nationalities and organizations at its discretion as long as there is a duly constituted Rotary Club operating within the Town of Tillsonburg. Notwithstanding above, should any of these responsibilities cause undue financial distress, the Club shall have the right to review the provision of these responsibilities in consultation with the Town. The Town shall: 1. Assume ownership and responsibility for the building and surrounding landscaping. 2. Assume ownership and responsibility for the clock mechanism after December 31, 2019. 3. Amend the Town’s Flag Policy to incorporate the flagpoles at the Rotary Clock Tower and the Rotary Club’s responsibility for the flags that fly on these flagpoles. 4. Retain the name “Rotary Clock Tower” in recognition of the work and contribution of many Rotarians when the Clock Tower was built as long as there is a duly constituted Rotary Club operating within the Town of Tillsonburg. 5. Retain the Rotary logo and named memorials and/or donor recognition while reserving the right, in consultation with the Club, to list the memorials in a different medium than the engraved paving stones in existence at the time of entering this Agreement 151 Page 2 / 2 Rotary Clock Tower Agreement.FINAL.docx 3. AMENDMENT Amendments within the scope of this agreement shall be made by the issuance of a written modification, signed and dated by all parties, prior to any changes being performed and by mutual consent of the parties. Returned email confirmation by the signing parties is also an acceptable form of amendment should the matter be time sensitive in nature. 4. EFFECTIVE DATE This Agreement is effective upon signature of the parties and will remain in effect until December 31, 2036. 5. NOTICES All notices, requests, directions or other communications ("Notices") required or permitted herein will be in writing and will be delivered to the parties hereto respectively as follows: If to the Town of Tillsonburg: Town Clerk 200 Broadway, Second Floor Tillsonburg, Ontario N4G 5A7 If to the Rotary Club of Tillsonburg: Rotary Club of Tillsonburg P.O. Box 126 Tillsonburg, Ontario N4G 4H3 IN WITNESS WHEREOF the duly authorized officers of the parties have executed this Agreement as of the date first written. The Corporation of Town of Tillsonburg _________________________________ Stephen Molnar, Mayor _________________________________ Donna Wilson, Clerk We have authority to bind the Corporation. The Rotary Club of Tillsonburg _________________________________ Brian Clark, President Robert (Bob) Marsden, Secretary We have authority to bind the Club. 152 Report Title Liability Insurance Coverage for Facility Rentals Report No. RCP 16-41 Author Margaret Puhr, Sales & Services Coordinator Rick Cox, Director of Recreation, Culture & Parks Meeting Type Council Meeting Council Date December 12, 2016 Attachments • Insurance Agreement • Insurance Rates • Sample Insurance Certificate RECOMMENDATION THAT Report RCP 16-41 – Liability Insurance Coverage for Facility Rentals be received for information. EXECUTIVE SUMMARY As best practice and in order to reduce the Town’s liability risk and exposure, staff recommend the Town require all facility usage rental clients carry $5 Million general liability insurance as of January 1, 2017. As a service to clients, the Town will offer insurance coverage through AllSport Insurance/Dan Lawrie Insurance Brokers. The option to provide insurance through another provider remains for all clients. BACKGROUND Current Town practice only enforces the policy requirement for proof of insurance from organizers of special events and for seasonal booking contracts. Industry best practice is to require coverage from all clients. In the past, clients have found that securing the required coverage has proved to be both costly and a hassle. The approach of having both mandatory coverage and an arranged provider makes it very easy and gives clients the benefit of bulk rates. In consultation with Frank Cowan Company, Town staff researched liability insurance requirements and programs offered by other comparable municipalities. Staff recommend proceeding with requiring $5M coverage based on best practices used by communities nearby with similar facilities. In order to assist rental clients with securing this coverage, other municipalities have made arrangements with an insurance broker with a pre-arranged policy system administered by municipal staff. Through coverage comparison, AllSport was deemed to have the best rates for standard coverage which includes: • Limit - $5,000,000 Commercial General Liability • Certificates of Insurance for Additional Insureds • Premises, Property and Operations • Products and Complete Operations • Personal Injury (liable and slander) Page 1 / 2 RCP 16-41 - Liability Insurance Coverage 153 • Cross Liability • Tenants Legal Liability ($1,000,000) • Liquor Liability available A deductible of $500.00 applies to bodily injury, property damage and legal expenses. Town staff are not licensed to sell insurance, so the appropriate premium is added to the rental contract and listed as such unless the client provides proof of coverage from a different provider. Coverage information and an insurance certificate is provided to the client along with the other rental contract documents. The reporting and premium collection will be typically done on quarterly basis. To track premiums, a spreadsheet recording all the transactions will be kept and reported at the end of the quarter. The policy is designed to provide $5Million liability coverage to the holder of the rental contract that names the Town as an additional insured. CONSULTATION/COMMUNICATION Policies and rates from four insurance providers were compared: Frank Cowan, Pearson Dunn, AllSport and PIB. All of the compared insurance companies offered to provide training and detailed information sessions to the municipality ahead of implementation. Based on a comparison for typical events taking place on the Town’s property, AllSport and PIB offer the lowest overall rates based on 1 year usage of facilities. The package offered by AllSport was selected as providing the best value to clients and ease of administration. FINANCIAL IMPACT/FUNDING SOURCE AllSport requires a $2,500.00 initial deposit, which will be reconciled and applied to the first year’s premium remittance. Based on a review of 2016 rentals, the total premiums that would be payable in a comparable year are estimated to be approximately $10,000. Most municipalities that have implemented a similar program have also added some form of administrative fee that is retained by the municipality. Some add a fee equal to a percentage of the premiums; others use a set of tiered fees. Staff recommends that no administrative fee be deployed at this time, which is consistent with the approach to other non-Town fees like SOCAN. COMMUNITY STRATEGIC PLAN (CSP) IMPACT This action is in alignment with the following Objectives of the Community Strategic Plan: • Objective 1 – Excellence in Local Government • Objective 4 – Culture and Community Page 2 / 2 RCP 16-41 - Liability Insurance Coverage 154 Draft December 2016 DRAFT FUNCTION attendees $/hr Type $/event Low Med High Arena - Casual 101+$2.10 Sporting Activities med Arena - Mini rink <5 $1.05 low Arena - Public Skating/Sponsored 1-50 $1.05 Sporting Activities low Arena - Public Skating/Sponsored 51-100 $2.10 Sporting Activities low Arena - Public Skating/Sponsored 101-250 $3.15 Sporting Activities low Auction 101-250 Event $150.00 low Ballroom Dance Lessons 1-50 Sporting Activities $110/year low Birthday Party - Children 1-50 $3/no sport $6/sport Birthday Party low Community Event 501-1000 events $375.00 med Community Event (1-2 days)501-1000 $750.00 med high Dinner/Dance/Shows 1-100 Events No Alcohol $75/day low Dinner/Dance/Shows 101-250 Events No Alcohol $150/day low Dinner/Dance/Shows 251-500 Events No Alcohol $225/day low Dinner/Dance/Shows 1-250-Meetings $3.75 flat low Dinner/Dance/Shows 251-500 Meetings $7.50 flat low Festival - Free 1501+refer Festival (Family Day)1501+refer Karate 1-50 Sporting Activities $150/YEAR med Mtg/Workshops 1-50 Meetings $3.75 flat low Mtg/Workshops 51-100 Meetings $3.75 flat low Mtg/Workshops 101-250 Meetings $3.75 flat low Music Festival 500+depends on attendees Pool Party Swimming 1-50 $7.50 Sporting Activities med Pool Party Swimming 51-100 $7.50 Sporting Activities med Pool Party Swimming 101 +$7.50 Sporting Activities med Shower/Family Dinner 1-50 Meetings $3.75 low Shower/Family Dinner 51-100 Meetings $3.75 low Wedding Reception - non-alcohol 1-100 Event $75.00 low Wedding Reception - non-alcohol 101-250 Event $150.00 low All Sport Risk Town of Tillsonburg AllSport Facility Rental Insurance Program Rate Card 155 = ATTENDANCE: Councillor Brian Stephenson, Acting Chair, Mike Cerna, Robert Doerr, Michael Kady, Margaret McCrimmon, Peter Staley Regrets: Scot Richardson Staff: Eric Flora, Manager of Engineering Tricia Smith, Deputy Clerk 1.Call to Order The meeting was called to order at 3:03 p.m. 2.Adoption of Agenda Resolution #1 Moved By: Mike Cerna Seconded By: Robert Doerr THAT the Agenda as prepared for the Accessibility Advisory Committee meeting of November 9, 2016, be adopted. 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 – September 14, 2016 Resolution #2 Moved By: Margaret McCrimmon Seconded By: Peter Staley THAT the Accessibility Advisory Committee Meeting Minutes of September 14, 2016, be approved. Carried The Corporation of the Town of Tillsonburg ACCESSIBILITY ADVISORY COMMITTEE November 9, 2016 3:00 p.m. Board Room Customer Service Centre, Tillsonburg MINUTES 156 Accessibility Advisory Committee Meeting Minutes, November 9, 2016 - 2 - 5. General Business & Reports 5.1. Appointment of Committee Chair Resolution #3 Moved By: Mike Cerna Seconded By: Michael Kady THAT the Accessibility Advisory Committee appoint Peter Staley as the Committee Chair. Carried 5.2. Committee Vacancy The committee received a notice of resignation from committee member Helen Lamos- Parker. Staff to ensure the membership of the committee continues to comply with the requirements of the Accessibility for Ontarians with Disabilities Act (AODA) as applications are received for consideration. Resolution #4 Moved By: Robert Doerr Seconded By: Mike Cerna THAT the Accessibility Advisory Committee recommend that staff advertise the vacancy on the committee. Carried 5.3. Multi-Year Accessibility Plan – Update Staff circulated the amended Multi-Year Accessibility Plan which included comments received from the Director of Operations following the September 14, 2016 meeting. The comments included the application of accessible sidewalk crossing design in 2016 road reconstruction projects; accessible upgrades at the mid-block pedestrian crossing in front of the mall and goals for 2014-2018 relating to the implementation of a new accessible pedestrian crossing at the intersection of Broadway and Glendale. Resolution #5 Moved By: Mike Cerna Seconded By: Michael Kady THAT the Multi-Year Accessibility Plan, be approved as amended and a copy of the plan be sent to the Memorial Park Revitalization Committee for information; 157 Accessibility Advisory Committee Meeting Minutes, November 9, 2016 - 3 - AND THAT the committee recommends that Council endorse the updated Multi-Year Accessibility Plan. Carried 5.4. Accessibility Recognition Award – Follow-Up 5.4.1 Accessibility Achievement Award The Deputy Clerk and Peter Staley appeared as delegates before the Tillsonburg Chamber of Commerce to speak to the Accessibility Achievement Award Program. The Chamber has offered to announce the name of the award recipient (Business Category) in the powerpoint presentation of other area awards given that year at the Annual Awards of Excellence Gala event and to promote the program to Chamber member businesses through Chamber communications. 5.4.2 Review of the Recognition Process Presentations of the Accessibility Achievement Award for Individuals, Organizations, Schools and Businesses shall be made throughout the year at a meeting of Tillsonburg Town Council. Discussion took place about making the presentation(s) in combination with that of the monthly Volunteer Achievement Award. 5.4.3 Budgetary Considerations There were no budgetary considerations requested. Resolution #6 Moved By: Michael Kady Seconded By: Robert Doerr THAT the Accessibility Advisory Committee approve the Accessibility Recognition Award Criteria and Nomination Form as amended; AND THAT the committee recommends that Council endorse the Accessibility Recognition Award program; AND THAT staff be directed to circulate notice of the program to the public. Carried 158 Accessibility Advisory Committee Meeting Minutes, November 9, 2016 - 4 - 5.5. Pedestrian Crossing behind mall Discussion took place regarding the pedestrian crossing behind the mall and concerns over public safety. Concerns were also expressed in regards to vehicles parking in No Parking Zones. Staff are currently investigating the issue as part of the review of the Mall Area & Downtown Parking Study/Strategy. A review of traffic flow, sight lines, accessible parking and signage requirements will be undertaken as part of the study (as per the approved study Terms of Reference). Councillor Stephenson left the meeting at 3:55 p.m. and Peter Staley assumed the chair. 6. Correspondence 6.1. Joint Accessibility Meeting (New Date) – Monday, November 21, 2016 – 1:30 p.m. – County of Oxford Administration Building 6.2. Accessibility Minister Looking for New Advisory Committee Members 6.3. David C. Onley Award for Leadership in Accessibility – Nominations now being accepted 7. Other Business 7.1 Curb Cuts on Broadway – Manager of Engineering Engineering staff will be installing tactile plates to sidewalk ramps within the Town subject to 2017 budget approval, in accordance with legislated accessibility standards. The addition of curb cuts on Broadway will be reviewed through the 2017 budget process and as part of the review of the Mall Area & Downtown Parking Study. Staff to consult with the committee as to the number and location of accessible parking spaces on Broadway. 7.2 Gazebo in the Park – Accessible Pathway (Bridge Street Park) Communication has been made with Parks & Recreation staff regarding proposed improvements to the east entrance of the park to improve accessibility. 159 Accessibility Advisory Committee Meeting Minutes, November 9, 2016 - 5 - 7.3 Accessible Ramp – Broadway/Oxford Intersection Accessibility Upgrades Staff to look at upgrading the accessible crossing at the Broadway and Oxford Street intersection (tactile plates, audible signals) as part of the Capital Works program in 2017. 7.4 Pedestrian Crossing in Front of Mall Entrance Installation of the audible signals at the pedestrian crossing will be delayed until the spring of 2017 due to a backlog in delivery time for the infrastructure elements and to take advantage of coordinated paving contract prices. Discussion took place regarding concerns of delivery vehicles blocking the pedestrian crossing. Staff to investigate this issue and circulate a copy of the new legislation regarding pedestrian crosswalks to the committee. Staff to investigate the push button on the mall side of the pedestrian crossing to ensure it is working properly. 7.5 Broadway/Glendale Pedestrian Crossing Staff will be bringing a report to Council at the November 14, 2016 meeting regarding the installation of a pedestrian crossing (as per OTM Book 15) at the intersection of Broadway and Glendale Streets. 8. Next Meeting The next meeting of the Accessibility Advisory Committee will be held on Wednesday, February 8, 2017 at 3:00 p.m. in the Customer Service Board Room. 9. Adjournment Resolution #7 Moved By: Mike Cerna Seconded By: Michael Kady THAT the November 9, 2016 Accessibility Advisory Committee meeting be adjourned at 4:26 p.m. Carried 160 = ATTENDANCE Henry Atkinson, Euclid Benoit (Chair), Andre Brisson (left at 6:35 p.m.), Valerie Durston, Geoffrey Lee, Rick Lee, John Prno, Chris Rosehart (from 6:43 p.m.), Jeremy Stockmans (By telephone), Richard Van Maele Staff: Vance Czerwinski, Annette Murray MEMBERS ABSENT/REGRETS Mel Getty, Donna Scanlan 1. Call to Order The meeting was called to order at 5:39 p.m. John Prno acted as Secretary for the meeting. 2. Adoption of Agenda Moved By: Richard Van Maele Seconded By: Andre Brisson Proposed Resolution # 1_ THAT the Agenda as prepared for the Airport Advisory Committee meeting of November 24th be adopted. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof None Declared 4. Adoption of Minutes of Previous Meeting 4.1. Minutes of the Meeting Moved By: Rick Lee Seconded By: Valerie Dunston Proposed Resolution # 2_ THAT the Minutes of the Airport Advisory Committee Meeting of September 15, 2016, be approved. Carried The Corporation of the Town of Tillsonburg AIRPORT ADVISORY COMMITTEE November 24, 2016 5:30 p.m. Tillsonburg Regional Airport Boardroom 244411 Airport Rd., South-West Oxford MINUTES 161 Airport Advisory Committee Meeting Minutes, November 24, 2016 - 2 - 5. Delegations and Presentations None 6. General Business & Reports 6.1. Business Arising from September 15, 2016 meeting 6.1.1. Runway Markings, NOTAM, Tree Cutting Update Vance Czerwinski provided an update on these related issues. The Town has hired a contractor to cut the trees on the airport property at the east end of the runway. Mechanized clearing will begin next week. Budget restraints will preclude stump removal this year, but it will be put in the Budget for next year as the best way to prevent regrowth. If this funding is not secured, mechanical flailing and potentially chemical application will be used to reduce regrowth. The goal at the end of the work is to be rid of the NOTAM and back to a full 4,500’ runway as per the Flight Supplement. The Committee thanked Staff for the timely response to this issue. 6.2. New Business 6.2.1. Airport Comprehensive Review Vance Czerwinski provided a summary of the Airport Comprehensive Review Report OPS 16-31 as presented to Council on November 14, 2016. Council has referred the report back to the Airport Advisory Committee for review. The Committee discussed the six major items in detail, choosing to endorse items and any recommended changes separately: Moved By: Henry Atkinson Seconded By: Geoffrey Lee Proposed Resolution # 3 THAT 1.0 Fuel System improvements be adopted as recommended, with the “self-serve” fuelling system to be of the credit card variety. Carried 162 Airport Advisory Committee Meeting Minutes, November 24, 2016 - 3 - Moved By: Andre Brisson Seconded By: Geoffrey Lee Proposed Resolution # 4 THAT 2.0 Water Treatment and Distribution System and 3.0 Septic System improvements be adopted as recommended. Carried Moved By: Richard Van Maele Seconded By: Henry Atkinson Proposed Resolution # 5 THAT 4.0 Hydro Primary Metering “Option 3” be recommended as the most appropriate to allow for additional expansion of hangers and business opportunities at the airport. Carried Moved By: Jeremy Stockmans Seconded By: Rick Lee Proposed Resolution # 6 THAT 5.0 Runway and Existing NOTAM improvements be adopted subject to a recommended timing realignment. Carried Moved By: Andre Brisson Seconded By: Jeremy Stockmans Proposed Resolution # 7 THAT 6.0 Master Plan Document activities be deferred until 2019, with the funds utilized to expedite the runway crack sealing in 5.0 Runway and Existing NOTAM. Carried Moved By: Andre Brisson Seconded By: Jeremy Stockmans Proposed Resolution # 8 THAT the Airport Advisory Committee supports the improvements described in Report OPS 16-31 Airport Comprehensive Review, and recommends the following realignment to the Funding Impact/Funding Source schedule: 163 Airport Advisory Committee Meeting Minutes, November 24, 2016 - 4 - Year Item Capital Budget Operating Budget 2017 • Self-Serve Fuelling Conversion • Crack Sealing $50,000 $30,000 Annual Increase 2018 • Hydro Infrastructure Upgrade • Water System Improvements TBD TBD Reduce by $75,000 2019 • Woodlot Removal – 5,000 ft Runway • Finalize Master Plan TBD $35,000 Annual Increase Future • Fuel Tank Replacement $175,000 Carried 6.2.2. Applications for Appointment to the Airport Advisory Committee Two applications for Committee membership were reviewed. Moved By: Richard Van Maele Seconded By: Geoffrey Lee Proposed Resolution # 9 THAT the applications be received and retained on file as the committee has a full complement of members at this time. Carried 7. Correspondence None 8. Other Business 8.1. Miller Hangar Status The Committee expressed concern over the lack of progress on construction of the Miller Hangar and requested an update. Vance Czerwinski and Annette Murray reported that the lack of progress is a serious concern to Staff. If construction does not begin immediately, the steel will have to be removed before the first snowfall as it is currently stored in the snow dump area. This is a safety hazard to the plow operators, and there is a high potential of damage to the building materials. Staff are 164 Airport Advisory Committee Meeting Minutes, November 24, 2016 - 5 - communicating with the building owner to express these concerns. Unfortunately, the current leases have no clauses related to a time limit on building completion. Staff will be looking for legal advice on how to incorporate such a clause into future leases. 8.2. Protection of Hanger Water Lines from Freezing The Committee asked for an update on a previously discussed issue regarding shallow hanger water lines freezing during the winter. Vance Czerwinski reported that a contractor has been selected and work to locate, excavate and insulate the lines will take place this year. 8.3. Expression of Appreciation The Committee expressed appreciation for how attractive the airport grounds have looked this season. The increased level of Town maintenance was very evident. 9. Closed Session No actions that required recording. 10. Next Meeting The next meeting of the Airport Advisory Committee will be on March 23, 2017 at 5:30 p.m.. 11. Adjournment Moved By: Chris Rosehart Seconded By: Jeremy Stockmans Proposed Resolution # 10 THAT the Airport Advisory Committee Meeting of November 24, 2016 be adjourned at 6:46 p.m. Carried 165 = Attendance: Councillor Brian Stephenson Josiane DeCloet Jami Stephenson Aleksandra Webber Jessica Mello, Recreation Programs Supervisor Patty Phelps, Culture & Heritage Manager/Curator Tricia Smith, Deputy Clerk Regrets: Erin Getty The meeting commenced at 12:02 p.m. 1. Welcome 2. Appointment of Chair & Secretary Jami Stephenson put her name forward for the position of committee Chair and Tricia Smith as committee Secretary. 3. Establish Meeting Schedule Moved By: Councillor Stephenson Seconded By: Josiane DeCloet Resolution #2 THAT the Canada 150 Committee will meet regularly on the 1st and 3rd Monday of the month at 4:30 p.m. Carried The Corporation of the Town of Tillsonburg Canada 150 Committee Wednesday, October 26, 2016 12:00 Noon Annex Meeting Room 200 Broadway, 2nd Floor MINUTES 166 Canada 150 Committee Meeting – Minutes, October 26, 2016 - 2 - 4. Review of the Terms of Reference The committee reviewed the Terms of Reference as approved by Town Council. 5. Canada 150 Theme Discussion took place around having a goal of 150 activities in Tillsonburg throughout 2017 in commemoration of Canada’s 150th anniversary. The committee members were invited to bring their ideas and recommendations for the committee’s Canada 150 theme to the next meeting for discussion. 6. Message to the Community 6.1. What will the message be for the Canada 150 celebration? The committee members were invited to bring their ideas and recommendations for the Canada 150 message to the community to the next meeting for discussion. 6.2 How will the message be circulated? Discuss took place regarding a number of avenues that could be utilized for the circulation of the committee’s message regarding the Canada 150 celebration. A sample information sheet was circulated to the committee for use when speaking with local community groups about Canada 150 events. Committee members will begin getting the word out to local service clubs and community organizations about Canada’s 150th anniversary and how they can get involved. Councillor Stephenson asked that a meeting be arranged between the Canada 150 committee and representatives from the various Canada 150 groups within Oxford County to review schedules to help reduce the duplication of events. Jami Stephenson noted that Glendale High School has expressed an interest in planting poppies in commemoration of Canada’s 150th anniversary. The Deputy Clerk will confirm with the Chief Building Official and LPRCA if this is an invasive species and what species of poppies are permitted within the Town. 167 Canada 150 Committee Meeting – Minutes, October 26, 2016 - 3 - The Recreation Programs Supervisor recommended that the committee create a list of who should be contacted in the community about hosting Canada 150 events/activities and to gather information on what events they have planned for 2017 for inclusion in the Canada 150 Community Calendar. Discussion also took place around planned bus trips to other Canada themed attractions as part of Canada 150 celebrations and working with area partners to bring groups to Tillsonburg to participate in events. 6.3 Canada 150 Community Leaders Network Information was circulated regarding the Canada 150 Community Leaders Network. Municipal Councils are invited to identify a representative(s) from their community to form part of a network of Canada 150 Community Leaders. The representative(s) will stimulate interest and participate in local Canada 150 events, share information about those events through social media and promote community connections and partnerships. Committee members were asked to bring forward names for consideration to the next meeting. 7. Next Meeting The next meeting of the Canada 150 Committee will be held on Monday, November 7, 2016 at 4:30 p.m. in the Committee Room, 200 Broadway St., 2nd Floor. 8. Adjournment The Canada 150 Committee adjourned at 12:59 p.m. 168 = ATTENDANCE Councillor Brian Stephenson Chair Jami Stephenson Secretary Aleksandra Webber Jessica Mello, Recreation Program Supervisor Patty Phelps, Culture and Heritage Manager/Curator Tricia Smith, Deputy Clerk MEMBERS ABSENT/REGRETS Erin Getty, Josiane DeCloet 1.Call to Order There was no quorum present; discussion took place on the agenda items as follows. 2.Adoption of Agenda 3.Disclosures of Pecuniary Interest and the General Nature Thereof 4.Adoption of Minutes of Previous Meeting 5.Delegations & Presentations 5.1 Ontario 150 Celebration Grant The Director of Parks, Culture and Recreation provided a summary of the Ontario 150 Celebration Grant Application submitted by the Town to the committee. Approximately $70,000 was applied for in the grant application and a decision is anticipated in early December. The key points presented included Experiencing Canadian History; Community engagement; Celebrating together; and Pride of place and legacy investments. The Corporation of the Town of Tillsonburg Canada 150 Committee Monday, November 7, 2016 4:30 p.m. Committee Meeting Room 200 Broadway, 2nd Floor MINUTES 169 Canada 150 Committee Meeting Minutes, November 7, 2016 - 2 - Discussion took place regarding the grant application and potential projects that the committee could get involved with (i.e. Tillsonburg Patch, Harvest Reunion). 5.2 Celebrate Canada Funding Application The committee discussed the possibility of a Canada Day parade with floats representing different decades over the past 150 years. Staff have connected with various Canada 150 groups across Oxford County who will be invited to an upcoming meeting with the Tillsonburg Canada 150 Committee to discuss possible partnership and cross-promotional opportunities. A suggestion was made to incorporate a passport program for each activity/celebration across the county and allow participants to enter a draw. The committee discussed the possibility of a large-scale Canada 150 event on an alternative date to July 1st as to not compete with Canada Day activities of surrounding municipalities. 6. Canada 150 Theme & Goals The Committee members were invited to bring their ideas and recommendations for the Committee’s Canada 150 Theme and Message to the Community to the next meeting for discussion. It was suggested the Theme should have 3-4 words. 7. Message to the Community 7.1 What will the message be for the Canada 150 celebration? 7.2 Circulation of message to Community Groups/Organizations/Schools, etc. 8. Canada 150 Community Leader Discussion took place regarding potential Community Leaders. Contact will be made with Tillsonburg Olympian Evan Vamourke. Committee members to bring additional names forward for discussion at the next meeting. 9. General Business 9.1 Canada 150 Community Calendar To be discussed at the next meeting of the committee. 170 Canada 150 Committee Meeting Minutes, November 7, 2016 - 3 - 10. Canada 150 Funding Programs • Advancing Gender Equality in Canada • Celebrate Canada • Connection Grant Staff circulated information to the committee on current Canada 150 Funding opportunities. A Celebrate Canada Grant application has been submitted by the Town for funding for a variety of Canada Day activities. 11. General business Contact has been made with various community groups about potential Canada 150 activities (i.e. planting and/or distributing poppies). The Committee discussed a discounted fee of $1.50 at Lake Lisgar Water Park on Canada Day. 12. Next meeting The next meeting of the Canada 150 Committee will be held on Monday, November 21, 2016 at 4.30 p.m. in the Committee Room 200 Broadway St, 2nd Floor. 13. Adjournment 171 = ATTENDANCE Councillor Brian Stephenson Jami Stephenson, Chair Josiane DeCloet Sarah Wade Community Members: Virginia Armstrong Irene Hurley MEMBERS ABSENT/REGRETS Jessica Mello, Patty Phelps, Aleksandra Webber 1. Call to Order The meeting was called to order at 4:35 p.m. 2. Adoption of Agenda Resolution #1 Moved By: Councillor Stephenson Seconded By: Josiane DeCloet THAT the Agenda as prepared for the Canada 150 Committee meeting of Monday, November 21, 2016, be adopted. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. The Corporation of the Town of Tillsonburg Canada 150 Committee Monday, November 21, 2016 4:30 p.m. Committee Meeting Room 200 Broadway, 2nd Floor MINUTES 172 Canada 150 Committee Meeting Minutes, November 21, 2016 - 2 - 4. Adoption of the Committee Minutes of Previous Meeting Resolution #2 Moved By: Councillor Stephenson Seconded By: Josiane DeCloet THAT the Minutes of the Canada 150 Committee meeting of October 26, 2016, be approved. Carried 5. Canada 150 Theme & Goals The committee discussed various possible themes for Canada 150, including: • Canada 150 - A time to celebrate • United Community, Progressive • Back to the Future • A time to remember, a time to celebrate The committee recommended a goal of 150 events in Tillsonburg in 2017. Committee members to bring ideas for a Canada 150 theme to the next meeting for discussion. 6. Message to the Community 6.1. What will the message be for the Canada 150 celebration? 6.2. Circulation of message to Community Groups/Organizations/Schools, etc. Discussion took place regarding the circulation of the committee’s message to the community in a variety of manners (i.e. Facebook, Town website, newspaper, radio, television, Town monitors, portable signage, Community partner websites, etc.). The sample letter provided to the committee to be used in the promotion of Canada 150 events in Tillsonburg. Resolution #4 Moved By: Jami Stephenson Seconded By: Councillor Stephenson THAT the Canada 150 Committee recommends that staff work in collaboration with the committee to promote the Canada 150 event in Tillsonburg. Carried 173 Canada 150 Committee Meeting Minutes, November 21, 2016 - 3 - 7. Canada 150 Community Leader Deferred to the next meeting. 8. General Business 8.1 Canada 150 Community Calendar The committee discussed the creation of a Canada 150 Community Calendar on the Town’s website and posting updates of community Canada 150 events in the Town’s weekly newspaper page. 9. Other Business 9.1 Committee Vacancy The committee received notice of the resignation of member Erin Getty. Discussion took place regarding the appointment of additional committee members. Resolution #7 Moved By: Jami Stephenson Seconded By: Councillor Stephenson THAT the Canada 150 Committee recommends the appointment of Virginia Armstrong, Irene Hurley, Tabitha Dalm and Mariana Carson to the Canada 150 Committee. Carried 10. Next Meeting The next meeting of the Canada 150 Committee will be held on Monday, December 5, 2016 at 4:30 p.m. in Council Chambers. *Please note that this will be the Joint Canada 150 Committee Meeting. Light refreshments to be provided. 11. Adjournment Resolution #8 Moved By: Josiane DeCloet Seconded By: Jami Stephenson THAT the Meeting of the Canada 150 Committee, be adjourned at 5:36 p.m. Carried 174 = ATTENDANCE: Bob Marsden, Chair, Councillor Penny Esseltine, Charlie Baldwin, Paul DeCloet, Christine Nagy, Janet Wilkinson, Sue Saelens, Paul Wareing Regrets: Ken Butcher, Marian Smith, Maurice Verhoeve STAFF: Corey Hill, Manager of Recreation & Facilities Tricia Smith, Deputy Clerk 1. Call to Order The meeting was called to order at 9:01 a.m. 2. Adoption of Agenda Moved By: Councillor Esseltine Seconded By: Christine Nagy Resolution #1: THAT the Agenda as prepared for the Committee meeting of December 1, 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: Councillor Esseltine Seconded By: Paul DeCloet Resolution #2: THAT the Minutes for the November 3, 2016 meeting be approved, as amended. Carried The Corporation of the Town of Tillsonburg HERITAGE, BEAUTIFICATION & CEMETERY ADVISORY COMMITTEE December 1, 2016 9:00 a.m. Annex Meeting Room 200 Broadway, 2nd Floor MINUTES 175 Heritage, Beautification & Cemetery Committee, Minutes – December 1, 2016 - 2 - 5. Delegations and Presentations 6. General Business & Reports 6.1. Report from Beautification Working Group A presentation and budgetary request will be made by the Heritage, Beautification & Cemetery Advisory Committee to Council on December 1, 2016. A request was made to also include Recommendation #1 from the Beautification Working Group Multi-Year Plan presentation which states: “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”. 7. Correspondence 7.1. Community Heritage Ontario – Annual Membership Application Renewal Resolution #3 Moved By: Sue Saelens Seconded By: Christine Nagy THAT the Heritage, Beautification & Cemetery Advisory Committee recommends that staff submit the 2017 Membership Renewal on behalf of the committee to Community Heritage Ontario. Carried 8. Other Business 8.1 Scattering Gardens Discussion took place regarding 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 January, 2017 meeting for review. Paul Wareing has offered to make arrangements for a tour in the spring for the committee of a municipal cemetery in Kitchener which features a scattering garden. Staff have submitted a report regarding costing for exterior repairs to the Joy Mausoleum to be included with the 2017 capital list. 176 Heritage, Beautification & Cemetery Committee, Minutes – December 1, 2016 - 3 - 8.2 Sandwich Boards Costing for sandwich boards for the cemetery entrances is being considered for the 2017 budget. Local Funeral Directors have requested that lead-ins continue to be provided in the Tillsonburg cemetery. 8.3 Update on Columbaria The two urns that were previously unable to fit into the new columbaria were successfully re-interred. The first urn was physically altered with the consent of the family and the second urn was replaced with a smaller version. The granite slab from the former columbaria has been set aside for future projects. 8.4 Rolph Street Public School Staff identified that further information regarding any proposed redesign of the heritage designated Rolph Street Public School property would be provided during the Site Plan application process. Moved By: Sue Saelens Seconded By: Christine Nagy Resolution #4 THAT the Heritage, Beautification & Cemetery Advisory Committee recommends to staff that the committee be part of the review of site plan applications from a heritage designation standpoint and be involved in the consultation process. Carried 8.5 21 Bidwell Street A letter of interest regarding the possible designation of 21 Bidwell Street (formerly known as the Millman Home) was sent to the current owner on behalf of the committee. The previous owner of the property, Don Millman has indicated that he would like to present information to the committee at a future meeting. 177 Heritage, Beautification & Cemetery Committee, Minutes – December 1, 2016 - 4 - 8.5 Beautification Working Group Minutes Moved By: Christine Nagy Seconded By: Sue Saelens Resolution #5 THAT the Minutes of the Meetings of the Beautification Working Group for May 9, 2016, July 6, 2016, July 27, 2016, and September 14, 2016, be received as information. Carried 9. Next Meeting – January 5, 2017 at 9:00 a.m. in the Annex Meeting Room. 10. Adjournment Moved By: Paul DeCloet Seconded By: Sue Saelens Resolution #6 THAT the December 1, 2016 meeting of the Heritage, Beautification & Cemetery Advisory Committee be adjourned at 9:45 a.m. Carried 178 = ATTENDANCE: Dave Beres, Chair Penny Esseltine Crystal Houze Lesley Ross Dr. Howard Lamb Dr. Gerry Rowland Dr. Mohamed Abdalla STAFF: David Calder Tricia Smith Regrets: Mayor Molnar, Lance Scott, Lana White 1. Call to Order The meeting was called to order at 12:05 p.m. 2. Adoption of Agenda Resolution #1 Moved By: Penny Esseltine Seconded By: Dr. Howard Lamb THAT the Agenda as prepared for the Physician Recruitment & Retention Committee meeting of November 2, 2016, be adopted. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. The Corporation of the Town of Tillsonburg PHYSICIAN RECRUITMENT & RETENTION Wednesday, November 2, 2016 12:00 noon Council Chambers 200 Broadway, 2nd Floor, Tillsonburg, ON N4G 5A7 MINUTES 179 Physician Recruitment & Retention Committee, Minutes – November 2, 2016 - 2 - 4. Adoption of Minutes of Previous Meetings – October 5, 2016 Resolution #2 Moved By: Penny Esseltine Seconded By: Crystal Houze THAT the Minutes of the Physician Recruitment & Retention Committee Meeting of October 5, 2016, be approved. Carried 5. General Business & Reports 5.1 Physician Recruitment Incentive Package – Option 1 5.2 Physician Recruitment Incentive Package - Option 2 Discussion took place regarding the Physician Recruitment Incentive Packages. Physician Recruitment Incentive Package – Option 1 The Full-time Equivalent would equal (4) full days per week. A recommendation was made to remove bullet points (3-6) and partial payment options and provide $6000/month for six months to the clinic employing the physician to go towards the payment of overhead expenses. A recommendation was made to retain the incentives for new recruits. Physician Recruitment Incentive Package – Option 2 A recommendation was made to amend the third bullet to read “All monies up to a maximum of” and “upon submission of relevant receipts”. A recommendation was made to focus on comprehensive family physicians as part of attracting new physicians. A recommendation was made to allow for a combination of office practice and/or emergency coverage as part of the (4) full days per week. It was recommended that the $10,000 for improvements to the clinic be retained. Reword last bullet to “it is anticipated that the new recruit will share in hospital inpatient coverage and inpatient and ED call”. A study of surrounding communities of similar size was completed by the County Task Force in regards to incentives, which identified a minimalistic approach. 180 Physician Recruitment & Retention Committee, Minutes – November 2, 2016 - 3 - Revisions will be made to the Shared Physician Recruitment Contract Support Model to incorporate elements of Option 1 and Option 2 and will be circulated to the committee for review. A draft copy of the Contract Support Model to be sent to the doctors not in attendance. Resolution #3 Moved By: David Calder Seconded: Dr. Gerry Rowland THAT the Physician Recruitment & Retention Committee defer the motion to endorse a Physician Recruitment Incentive Package to the next meeting. Carried 5.3 Draft Third Party Contribution Request A revised letter was provided to the committee for review. Donations in support of the Town of Tillsonburg Physician Recruitment Campaign will be received through the TDMH Foundation. 5.4 Physician Recruitment Brochure A copy of the proposed Physician Recruitment brochure was circulated to the committee for review. The brochure will also include the TDHM Foundation logo. A banner will also be developed for recruitment fairs. A recommendation was made to incorporate a more inclusive image for the front of the brochure. Resolution #4 Moved By: Dr. Gerry Rowland Seconded By: Penny Esseltine THAT the Physician Recruitment Brochure be received; AND THAT the Physician Recruitment & Retention Committee endorses the Brochure in principle. Carried 6. Correspondence 181 Physician Recruitment & Retention Committee, Minutes – November 2, 2016 - 4 - 7. Other Business CTV News to feature an interview regarding the crisis of recruiting doctors in Oxford County. 8. Next Meeting – Tuesday, December 13, 2016 – Noon 9. Adjournment Resolution #5 Moved By: Penny Esseltine Seconded By: Dr. Howard Lamb THAT the Physician Recruitment & Retention Committee Meeting of November 2, 2016, be adjourned at 12:52 p.m. Carried 182 = ATTENDANCE: Mayor Stephen Molnar Councillor Penny Esseltine Marty Klein, Chair Andrew Gilvesy John Veldman Rick Strouth David Calder Cephas Panschow Regrets: Donna Wilson Laurie Kirwin Lana White 1. Call to Order The meeting was called to order at 4:03 p.m. 2. Adoption of Agenda Moved By: Rick Strouth Seconded By: Penny Esseltine Resolution #1 THAT the Town Hall Project Steering Committee Agenda dated November 24, 2016 be approved. Carried 3. Adoption of Minutes – November 7, 2016 Moved By: Andrew Gilvesy Seconded By: Penny Esseltine Resolution #2 THAT the Town Hall Project Steering Committee Minutes dated November 7, 2016, be approved. Carried The Corporation of the Town of Tillsonburg TOWN HALL PROJECT COMMITTEE Thursday, November 24, 2016 4:00 p.m. Annex Board Room 200 Broadway, 2nd Floor, Tillsonburg, ON N4G 5A7 MINUTES 183 Town Hall Project Committee Meeting Minutes, November 24, 2016 - 2 - 4. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 5. RFPQ 16-001, Town Hall Project Presented By: CAO & Development Commissioner The Development Commissioner provided a review of the revised RFPQ. The RFPQ to be sent to those who have replied to date and widely circulated on RFP websites and in the local newspaper. Respondents are required to include an Option to Purchase with terms in the RFPQ. Page 3, Section 2.1 – Project Vision and Objectives: • 1st Bullet Point - Strike out “nucleus” and replace with “downtown core” • Paragraph 2 – Strike out “plus provisions for other tenants” • Paragraph 6 – Strike out second sentence (Expiration of 20-Year Concession Period) • Paragraph 7 – Strike out last sentence Page 4 – Section 2.2 – Project Components: • Reword Heading of Column 3 to “Other Possible Developments” • Remove information under Column 2 - Expected Development and note as detailed in the Space Needs Study • Add “To be Determined” under Column 3 regarding Outdoor Public Space • Strike out Section 2.3 – Terms of Agreement as this will be included in the RFP Page 5 – Key Milestone Dates • Keep RFPQ Release Date as December 1, 2016, and extend the following dates by one week. • Change the Approval by Council date to March 27, 2017 and add the wording “Council approval to proceed to RFP stage” • Add Committee Review & Recommendation to Council under Stage 1 before Approval by Council Page 6 – Section 2.5 – Inquiries • All inquiries and/or questions regarding RFPQ to be directed to the Purchasing Coordinator • Include contact details for Purchasing Coordinator 184 Town Hall Project Committee Meeting Minutes, November 24, 2016 - 3 - Page 7 – Section 3.1 – Mandatory Requirements • Sections C & D – Strike out “Communications Management and public relations strategies and outcomes” • Section F – Rename Heading to “Letter of Credit or Agreement to Bond” • Section F – Add requirement to provide a Letter or Credit or Agreement to Bond – Andy to provide wording • If Respondent can’t provide items requested in the RFPQ, they can submit a letter stating the reasons and still submit them at the time of the RFP. • Section G – Insurance – Strike out bullets and note that additional insurance coverage will be requested at the time of the RFP Staff to investigate Wrap-up liability coverage Page 10 – Section 3.1 – Mandatory Requirements • Section H – Site Location – Replace “excludes” with “includes” (Prequalification Process) Page 11 – Section 4.1 – Qualification of Proposals • Strike out “mandatory” in paragraph one and in table • Include statement – Failure to meet one or more of the requirements will not exclude a respondent from consideration. • Remove Criterion column – Evaluation Committee to include comments as part of the evaluation process as a measurement tool • Strike out “Performance Bond” and add “Agreement to Bond (M6) • Change M8 from Development Plan to Site Location • Include Development Plan under M9 Page 11 – Section 4.2 – Evaluation Committee • Replace “Evaluation Committee” in the second paragraph with “Town Hall Project Committee” A site location may be identified as owned by the Town, the Respondent or third party. Page 12 – Section 4.4 – Submission of Response to RFPQ • Require (3) copies of Pre-qualification submissions and an electronic copy. 185 Town Hall Project Committee Meeting Minutes, November 24, 2016 - 4 - Page 13 – Section 4.5 – Note to Respondents • Strike out “partnering” in the third paragraph Page 15 – Section 4.11 – Changes to the Respondent’s Team • Strike out paragraph Page 16 – Section 4.13 – Rights Reserved by the Corporation of the Town of Tillsonburg • Strike out last paragraph Amend cover page to note “Multi-use Town Hall” instead of “Municipal Offices” and include Submission Deadline details. A staff report to be presented to Council on November 28, 2016 with the committee’s recommendations. Moved By: Andrew Gilvesy Seconded By: Rick Strouth Resolution #3 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. Carried 6. Next Meeting – Will be at the call of the chair. 7. Adjournment Moved By: John Veldman Seconded By: Andrew Gilvesy Resolution #4 THAT the meeting of the Town Hall Project Committee, be adjourned at 5:14 p.m. Carried 186 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 187 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. 188 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 189 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. 190 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. 191 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 192 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; 193 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; 194 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; 195 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. 196 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 197 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. 198 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 199 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; 200 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; 201 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; 202 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; 203 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; 204 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. 205 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. 206 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; 207 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. 208 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. 209 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 210 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4063 A BY-LAW to appoint a Director of Finance and Treasurer for the Town of Tillsonburg. WHEREAS section 286 (1) of the Municipal Act, 2001, S.O. C 25 provides that a municipality shall appoint a treasurer who is responsible for handling all of the financial affairs of the municipality on behalf of and in the manner directed by the council of the municipality; AND WHEREAS The Council of the Corporation of the Town of Tillsonburg deems it is necessary and expedient to appoint a Director of Finance and Treasurer for the Corporation of the Town of Tillsonburg; THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT Dave Rushton is hereby appointed as Director of Finance and Treasurer for The Corporation of the Town of Tillsonburg; 2. THAT this By-Law is passed pursuant to the Section 286 (1) of the Municipal Act, 2001 S.O. 2001, Chapter 25.; 3. This By-Law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 12th DAY of December, 2016. READ A THIRD AND FINAL TIME AND PASSED THIS 12th DAY of December, 2016. ___________________________ MAYOR – Stephen Molnar ___________________________ TOWN CLERK – Donna Wilson 211 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4064 A BY-LAW to amend By-Law 4013, being a by-law to adopt the Town of Tillsonburg RCP Pricing Policy. WHEREAS the Municipal Council of the Town of Tillsonburg deems it necessary and expedient to amend the RCP Pricing Policy; THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT Section 2(b)(iv) “Registered Non-Profits” be amended with the deletion of the following: “Registered Non-Profits may also be provided donations of Season Passes (ages 6+) to the Lake Lisgar Waterpark for use in fundraising auctions”. 2. THAT Section 2(b)(iv) “Registered Non-Profits” be amended with the addition of the following: “and/or Memorial Park & Fairgrounds” 3. THAT Section 2(b)(vi) “School Boards” be amended with the deletion of the following: “Schools and school parent associations may also be provided donations of Season Passes (ages 6+) to the Lake Lisgar Waterpark for use in fundraising auctions”; 4. THAT Section 3 be amended with the addition of the following: “Community Donations – Requests for items to be donated by the Town for door prizes and auction items will be considered on a case-by-case basis by the Recreation Programs & Services Manager. Available items include but are not limited to gift certificates, coupons and discounted admission passes”; 5. THAT these amendments to By-Law 4013 are hereby declared to be part of that By-Law as if written therein; 6. THAT this By-Law shall come into full force and effect upon passing. READ A FIRST AND SECOND TIME THIS 12th DAY of December, 2016. READ A THIRD AND FINAL TIME AND PASSED THIS 12th DAY of December, 2016. ___________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Donna Wilson 212 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4065 A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Schedule "A" to By-Law Number 3295, as amended, is hereby amended by changing to ‘SC-23’ the zone symbol of the lands so designated ‘SC-23’ on Schedule “A” attached hereto. 2. That Section 14.5 to By-Law Number 3295, as amended, is hereby further amended by adding the following at the end thereof: “14.5.23 LOCATION: EAST SIDE OF TILLSON AVENUE, SOUTH OF PINE STREET (PART LOTS 384 & 390, LOTS 371 & 391, PLAN 500) SC-23 (KEY MAP 16) 14.5.23.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any SC-23 zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: all uses permitted in Table 14.1; a dance & fitness studio; a mini-storage warehousing business, with outdoor storage. 14.5.23.2 That all of the provisions of the SC Zone in Section 14.2 of this By-Law, as amended, shall apply and further, that all other provisions of this By-Law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis.” 3. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. READ A FIRST AND SECOND TIME THIS 12TH DAY of December, 2016. READ A THIRD TIME AND FINALLY PASSED THIS 12TH DAY of December, 2016. MAYOR – Stephen Molnar TOWN CLERK – Donna Wilson 213 ZN 7-16-08 TOWN OF TILLSONBURG BY-LAW NUMBER 4065 EXPLANATORY NOTE The purpose of By-Law Number 4065 is to rezone the subject property from ‘Service Commercial Zone (SC)’ to ‘Special Service Commercial Zone (SC-23)’ to permit a dance & fitness studio and mini-storage warehousing, with associated outdoor storage, as additional permitted uses on the subject property. The subject property is described as Part Lots 384 & 390, Lots 371 & 391, Plan 500, Town of Tillsonburg. The property is located on the east side of Tillson Avenue, south of Pine Street and north of Concession Street and is municipally known as 146 Tillson Avenue. The Municipal Council, after conducting the public hearing necessary to consider any comments to the proposed zone change application, approved By-Law Number 4065. The public hearing was held on December 12th, 2016. No public input was received for this application. Any person wishing further information relative to Zoning By-Law Number 4065 may contact the undersigned: Ms. Donna Wilson Clerk Town of Tillsonburg 200 Broadway, 2nd Floor Town Centre Mall Tillsonburg, ON N4G 5A7 Telephone: 842-9200 File: ZN 7-16-08 (K.D. Heckford Developments) Report No: 2016-292 214 R=332.32A=31.45 LOT 391LOT 390L O T 3 8 4N78°35'00"E6.1419.21N11°00'00"WR=410.51A=20.50 N77°54'50"W22.88 N79°29'30"E26.83 R=297.64A=31.54 N11°00'00"W 70.33N78°28'30"E 45.72 N10°55'00"W 52.44N79°21'00"E 62.63 N78°29'30"E 75.53 R=292.51A=31.57 R=482.18A=31.14 FIRSTST TILLSON AVEPINE ST L O T 3 7 1P L A N 5 0 0 CANADIANPACIFICRAILWAY S C H EDU L E "A" LOT 391 AND PART OF LOTS 371, 384 AND 390,PLAN 500 TOWN OF TILLSONBURG AREA OF ZONE CHANGE TO SC-23 NOTE: ALL DIMENSIONS IN METRES THIS IS SCHEDULE "A" MAYOR CLERK TO BY-LAW No. ________________, PASSED THE __________ DAY OF ____________, 2016 TO BY-LAW No.© 10 0 10 20 305 METRES SW ANGLELOT 391, PLAN 500 215 CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4066 A BY-LAW to amend Schedule A of By-Law 3876, to Define the Mandate, Membership, and Meeting Procedures for Committees Established by The Corporation of the Town of Tillsonburg. WHEREAS it is deemed necessary and expedient to amend Schedule A – of By-Law 3876; BE IT THEREFORE ENACTED by the Council of The Corporation of the Town of Tillsonburg as follows: 1.THAT Schedule A of By-Law 3876 Committee Structure be amended as attached hereto; 2.THAT these amendments to By-Law 3876 are hereby declared to be part of that By- Law as if written therein; 3.THAT this By-Law shall come into full force and effect upon passing. READ A FIRST AND SECOND TIME THIS 12th DAY of December, 2016. READ A THIRD AND FINAL TIME AND PASSED THIS 12th DAY of December, 2016. ___________________________ MAYOR – Stephen Molnar ___________________________ TOWN CLERK – Donna Wilson 216 By-Law 4036 to Schedule “A” to Amend By-Law 3876 Town of Tillsonburg Committees 2014 – 2018 Board/Committees Citizen Appointments Terms of Reference Composition Council Representatives Staff Liaison Accessibility Advisory Committee Mike Cerna Robert Doerr Margaret McCrimmon Michael Kadey Scot Richardson Peter Staley (1) Vacancy The mandate of the Accessibility Advisory Committee is to fulfill the duties of a Municipal Accessibility Advisory Committee, as outlined in the Accessibility for Ontarians with Disabilities Act, 2005 and to provide advice to Council on programs, policies and services provided to persons with disabilities and seniors. 7 members 1 Staff 1 Councillor Councillor Stephenson Deputy Clerk Airport Advisory Committee Rick Lee Richard Van Maele Geoffrey Lee Donna Scanlan Euclid Benoit Andre Brisson Henry Atkinson Jeremy Stockmans John Prno Mel Getty Councillor Valerie Durston (South-West Oxford) To advise and assist the Town of Tillsonburg on matters pertaining to the Tillsonburg Regional Airport. The Airport Advisory Committee will provide a forum for receiving input and advice from aviation stakeholder groups and the community with respect to the Airport Master Plan, strategic initiatives and operational improvements. The Committee will also provide a forum for dialogue, communication and education. Councillor Rosehart Development Commissioner Last revised December 12, 2016 217 Town of Tillsonburg Committees 2014 – 2018 Board/Committees Citizen Appointments Terms of Reference Composition Council Representatives Staff Liaison Canada 150 Ad Hoc Committee ______________ Josiane DeCloet Jami Stephenson Aleksandra Webber 7 members 3 Staff 1 Councillor Councillor Stephenson Deputy Clerk Culture & Heritage Manager Recreation Programs Supervisor Cultural Advisory Committee Erin Getty Josiane DeCloet Deb Beard Heather Benton Jami Stephenson Terry Fleming Vern Fleming (1) Vacancy To advise Council on matters, issues and policies pertaining to tourism, cultural events and festivals and to actively encourage partnerships. To develop and obtain Council endorsements of sub- committees when necessary to establish events such as Turtlefest, Airshows, Tillsonburg Christmas Festival, etc. To develop relationships for coordinating events with local service groups, BIA, Chamber of Commerce, Station Arts Centre and sports groups. 6 members 1 Staff 1 Councillor Councillor Stephenson Culture & Heritage Manager Development Committee Lisa Gilvesy Steve Spanjers Randy Thornton John Veldman Andrew Burns Paul DeCloet Ashton Nembhard Kirby Heckford To advise and assist in the promotion of development within the Town. To develop alliances and partnerships to advance the Town’s strategic plan and to assist in the overall community growth within the Town. 9 members 1 BIA Rep 1 Chamber Rep 1 Real Estate Rep 2 Staff 1 Councillor Councillor Hayes CAO Development Commissioner Last revised December 12, 2016 218 Town of Tillsonburg Committees 2014 – 2018 Board/Committees Citizen Appointments Terms of Reference Composition Council Representatives Staff Liaison Lindsay Morgan – Real Estate Rep Cedric Tomico - BIA Rep Jesse Goossens – Chamber Rep Heritage, Beautification and Cemetery Committee Paul DeCloet Sue Saelens Marion Smith Janet Wilkinson Robert Marsden Ken Butcher Charlie Baldwin Paul Wareing Christine Nagy Matthew Fenn Maurice Verhoeve To advise and make recommendations to Council on all matters with respect to architectural and historical significance, beautification of public spaces, including trees, and Tillsonburg cemeteries. To advise Council of new and relevant legislation and funding initiatives; to make recommendations and assist with the development of education programs; and to liaise with the community and other organizations to promote Tillsonburg heritage, beautification and cemeteries. 9 members 1 Staff 1 Councillor Councillor Esseltine Facilities Manager Museum Advisory Committee Dianne MacKeigan Robert Marsden Mary Lou Sergeant Marianne Sandham Jami Stephenson Aleksandra Webber (1) Vacancy To research, collect, preserve, exhibit and promote the Tillsonburg Museum. To make recommendations to Council on policies and procedures pertaining to the museum. To work with the Tillsonburg Historical Society regarding trusts for restoration and artifact purchases. 6 members 1 staff 1 Councillor Councillor Rosehart Culture & Heritage Manager Last revised December 12, 2016 219 Town of Tillsonburg Committees 2014 – 2018 Board/Committees Citizen Appointments Terms of Reference Composition Council Representatives Staff Liaison Parks and Recreation Advisory Committee Donna Scanlan Bob McCormick Donald Baxter Mike Cerna Mel Getty James Payne Susan Labanich Paul DeCloet Susie Wray Craig Cole (2) Vacancies To advise Council and make recommendations on the programming and utilization of Parks, Trails, Green Space and Recreational facilities within Tillsonburg. To help implement the Community Parks, Recreation & Cultural Strategic Master Plan. To develop and obtain Council endorsements of sub-committees when necessary to deal with Trails, Tillsonburg Wall of Fame, etc. 12 members 2 staff 1 Councillor Councillor Esseltine Recreation Programs Services Manager Special Awards Committee _____________ Sam Lamb Matt Scholtz Mary Anne VanGeertruyde To advise Council and make recommendations on awards for volunteer service within the Town of Tillsonburg. The Volunteer Service Recognition Program shall recognize volunteers on a monthly basis when nominations are received by the Special Awards Committee. The Committee shall organize a Town of Tillsonburg volunteer recognition social event on a yearly basis with budget approval. Councillor Stephenson Town Clerk or Designate Last revised December 12, 2016 220 Town of Tillsonburg Committees 2014 – 2018 Board/Committees Citizen Appointments Terms of Reference Composition Council Representatives Staff Liaison Tillsonburg Non Profit Housing Corporation Robert Hurley Evenly Fritz Ron Gasparetto Joyce Hanson Geraldine Brisebois John Stanbridge Terry Pierce Carolyn Hicks Roderick Van Riesen Councillor Adam n/a Last revised December 12, 2016 221 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4067 A BY-LAW to authorize an Agreement between The Corporation of the Town of Tillsonburg and the Rotary Club of Tillsonburg. WHEREAS The Town of Tillsonburg deems it necessary and expedient to enter into a Agreement with the Rotary Club of Tillsonburg with respect to the Clock Tower built by the Rotary Club on Town-owned lands at the corner of Bridge Street and Broadway; 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 marked as Schedule "A" on behalf of the Corporation of the Town of Tillsonburg. READ A FIRST AND SECOND TIME THIS 12th DAY of December, 2016. READ A THIRD AND FINAL TIME AND PASSED THIS 12th DAY of December, 2016. ___________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Donna Wilson 222 Page 1 / 2 Rotary Clock Tower Agreement.FINAL.docx AGREEMENT Made this the ____________ day of ______________, 20___. BETWEEN ROTARY CLUB OF TILLSONBURG (Hereinafter referred to as the "Club") - and - THE CORPORATION OF THE TOWN OF TILLSONBURG (Hereinafter referred to as the "Town") WHEREAS The Club and the Town wish to enter into this Agreement with respect to the Clock Tower built by the Rotary Club on Town-owned lands at the corner of Bridge Street and Broadway; Now therefore in consideration of the mutual covenants of the parties set forth in this Agreement and other good and valuable consideration, the Club and the Town agree as follows: 1. PURPOSE The purpose of this Agreement is to continue and expand a framework of cooperation between the Town and the Club recognizing the contribution that the Rotary Clock Tower provides to the benefit of the Town and to Tillsonburg’s residents and visitors. 2. RESPONSIBILITIES The Club shall: 1. Retain ownership and responsibility for the clock mechanism until December 31, 2019. 2. Train personnel from the Town to regulate and operate the clock mechanism. 3. Retain the responsibility for maintaining flags on the flagpoles at the Clock Tower, including the right to raise flags of various nationalities and organizations at its discretion as long as there is a duly constituted Rotary Club operating within the Town of Tillsonburg. Notwithstanding above, should any of these responsibilities cause undue financial distress, the Club shall have the right to review the provision of these responsibilities in consultation with the Town. The Town shall: 1. Assume ownership and responsibility for the building and surrounding landscaping. 2. Assume ownership and responsibility for the clock mechanism after December 31, 2019. 3. Amend the Town’s Flag Policy to incorporate the flagpoles at the Rotary Clock Tower and the Rotary Club’s responsibility for the flags that fly on these flagpoles. 4. Retain the name “Rotary Clock Tower” in recognition of the work and contribution of many Rotarians when the Clock Tower was built as long as there is a duly constituted Rotary Club operating within the Town of Tillsonburg. 5. Retain the Rotary logo and named memorials and/or donor recognition while reserving the right, in consultation with the Club, to list the memorials in a different medium than the engraved paving stones in existence at the time of entering this Agreement 223 Page 2 / 2 Rotary Clock Tower Agreement.FINAL.docx 3. AMENDMENT Amendments within the scope of this agreement shall be made by the issuance of a written modification, signed and dated by all parties, prior to any changes being performed and by mutual consent of the parties. Returned email confirmation by the signing parties is also an acceptable form of amendment should the matter be time sensitive in nature. 4. EFFECTIVE DATE This Agreement is effective upon signature of the parties and will remain in effect until December 31, 2036. 5. NOTICES All notices, requests, directions or other communications ("Notices") required or permitted herein will be in writing and will be delivered to the parties hereto respectively as follows: If to the Town of Tillsonburg: Town Clerk 200 Broadway, Second Floor Tillsonburg, Ontario N4G 5A7 If to the Rotary Club of Tillsonburg: Rotary Club of Tillsonburg P.O. Box 126 Tillsonburg, Ontario N4G 4H3 IN WITNESS WHEREOF the duly authorized officers of the parties have executed this Agreement as of the date first written. The Corporation of Town of Tillsonburg _________________________________ Stephen Molnar, Mayor _________________________________ Donna Wilson, Clerk We have authority to bind the Corporation. The Rotary Club of Tillsonburg _________________________________ Brian Clark, President Robert (Bob) Marsden, Secretary We have authority to bind the Club. 224 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4068 BEING A BY-LAW to confirm the proceedings of Council at its meeting held on the 12th day of December, 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 December 12, 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 12th DAY of December, 2016. READ A THIRD AND FINAL TIME AND PASSED THIS 12th DAY of December, 2016. ________________________________ MAYOR – Stephen Molnar ________________________________ TOWN CLERK – Donna Wilson 225 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4069 Being a By-law to appoint a Committee of Adjustment for the Town of Tillsonburg pursuant to Section 44 of the Planning Act., R.S.O. 1990 c. P. 13. WHEREAS Section 44 of the Planning Act, 1990 allows municipalities who have passed a zoning by-law under Section 34 of the Act, to appoint a Committee of Adjustment for the municipality. AND WHEREAS the Municipality of the Town of Tillsonburg wish to constitute and appoint a Committee of Adjustment. NOW THEREFORE THE COUNCIL OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1.THAT the Committee of Adjustment for the Corporation of the Town of Tillsonburg shall have all statutory duties listed under Sections 44 and 45 of the Planning Act, R.S.O. 1990, Chapter P. 13, as amended. 2.THAT the following members of Council shall be appointed to the Town of Tillsonburg Committee of Adjustment for a term to expire December 31, 2017; Stephen Molnar Dave Beres Maxwell AdamPenny Esseltine Jim Hayes Chris RosehartBrian Stephenson 3.THAT the Chair of the Committee of Adjustment shall be the Mayor of the Town or Tillsonburg or designate. 4.THAT the Clerk for the Town of Tillsonburg, or designate, is responsible for the Secretary-Treasurer duties of the Committee of Adjustment as prescribed in the Planning Act. 5.THAT all hearings of the Committee of Adjustment shall be called by the Secretary- Treasurer or designate as it is necessary, according to the submission of applications for minor variances and shall take place in Council Chambers during a regular scheduled Council meeting. 6.THAT By-Law 3977 be repealed. 7.THAT any other by-law inconsistent with this by-law shall be hereby repealed. 8.THAT this by-law shall come into full force and effect upon the day of final passing. READ a first and second time this 12th day of December, 2016. READ a third time and passed this 12th day of December, 2016. ____________________________ Mayor – Stephen Molnar ______________________________ Town Clerk – Donna Wilson 226