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121030 Council MIN
Town of Tillsonburg Minutes of Council Meeting Date: Tuesday October 30, 2012 4:30PM Council Chambers Chair: John Lessif IVIII ... U I L-\J. IVIVVllll~ lVI liiV VVIIIIIIIllVV \.,../1-'VII VVUIIVII Review Access: e Public 0 Private MINUTES Town of Tillson burg Open Council Meeting on Tuesday October 30, 2012 04:30 PM ·Council Chambers Chair: John Lessif Orders of the Day: CALL TO ORDER The meeting was called to order at 4:30pm ATTENDANCE Mayor John Lessif Deputy Mayor Mark Renaud Councillor Mel Getty Councillor Chris Rosehart Councillor Brian Stephenson Councillor Dave Bares Councillor Marty Klein Staff: David Samis, Interim CAO Donna Wilson, Clerk Darrell Eddington, Director of Finance Steve Lund, Director of Operations Richard Cox, Director of Parks & Recreation Services Gena Vanhaelewyn, Interim Director of Development and Communication Services DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. ADOPTION OF AGENDA To add an item to the agenda-Update from the CAO Resolution No. 1: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein AND RESOLVE THAT the Agenda as prepared for the Open Session of the Council Meeting of October 30, 2012, be adopted, as amended. "Carried" 15 Page 1 COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: October 30, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT the Agenda as prepared for the Open Session of the Council Meeting of October 30, 2012, be adopted, as amended ~arried D Recorded Vote D Defeated D Deferred D Tabled ___{)fL._ Mayor's Initials THE CORPORATION OF THE TOWN OF TILLSON BURG BY-lAW NUMBER 3667 BEING A BY-LAW to confirm the proceedings of Council at its meetings held on the 30111 day of October, 2012 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 TILLSON BURG ENACTS AS FOLLOWS: 1. All actions of the Council of The Corporation of the Town of Tillson burg at its Special Council Meeting held on October 30th, 2012, 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 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 Tillson burg 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 30th DAY OF October, 2012. READ A THIRD AND FINAL TIME AND PASSED THIS 30th DAY OF October, 2012. MAYOR-John Lessif CLERK-Donna Wilson COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: October 30, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT Council move into Closed Session, to consider matters relating to: Matters relating to advice that is subject to solicitor-client privilege, including communications necessary for that purpose. D Recorded Vote D Defeated D Deferred D Tabled __ljJ..L-Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: October 30, 2012 RESOLUTION N00L , MOVEDBY: ~>~ SECONDED BY: ,/ .~ c/· RESOLVE THAT By-Law 3667, To Confirm the Proceedings of the Council Meeting of October 30, 2012, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3667, be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. ~ried D Recorded Vote D Defeated D Deferred D Tabled (/iL_ Mayor's Initials All applications subject to: i) Zoning approval ii) Building Department approval iii) Fire Department approval The following approvals required based on the type of business iv) Health Unit approval where required v) boards, commissions, authorities or agencies as the Clerk considers may have an interest or potential interest in the application, and who may submit comments or recommendations to the Clerk in respect of the application 3.8 Approvals must be received from each department/agency as set out in Section 3.7 before a Licence is issued. 3.9 The Licensing Officer may refuse a licence if any applicant who, have past breaches of this By-Law or because of failure to comply with the requirements of this By-Law or other applicable By-laws of the Town or of 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, or Board or Commission thereof, in, upon or in connection with the applied for licenced activity of the premises, facilities, equipment, vehicles and other property used or kept for hire in connection with the Licenced activity. The Licensing Officer or designate shall give the applicant notice of the refusal to issue the licence applied for, in writing, said notice to be served personally or by mail to the applicant at the address shown on the application. 3.10 If the Licensing Officer deems that the continuation of a business poses an immediate danger to the health or safety of any person or to any property, the Licensing Officer may, for the time and on such conditions as considered appropriate, without a hearing, suspend a licence subject to providing the licensee with the reasons for the suspension, either orally or in writing and providing an opportunity to respond to them. If the Licensing Officer deems it necessary to suspend a licence for any other reason other than those listed above, then the licensee shall receive a sixty (60) day notice to comply with the requirements of the licence. If at the end of the sixty (60) day period the requirements have not been complied with then the licence shall be suspended at that time. 3.11 While any licence granted under this By-Law is suspended or cancelled, the licensee shall not exercise any right or privilege conferred by such licence and any such licensee attempting to exercise any right or privilege under such licence during such suspension or cancellation shall be liable to the same penalties and may be prosecuted in the same way as though such person had procured no such licence. 3.12 Notice of revocation of any Licence may be given by registered letter mailed to the address on the Licence and upon such mailing the Licence shall terminate. 3.13 Where the Licensing Officer refuses to issue a Licence, suspend or revokes a Licence under this By-Law, the applicant or Licensee may appeal this decision by filing with the Clerk or Designate, an appeal in writing, of the said decision within fifteen days of being notified of the decision. The Clerk or Designate shall provide the Licensing Appeal Committee with a report as to the status of the licence. 5 3.17 The decision of the Licensing Appeal Committee to refuse to issue a Licence, revoke a Licence or suspend a Licence may be subject to such terms as the Licensing Appeal Committee shall impose and shall be final. 3.18 Despite any of the provisions of this By-law, any proceedings may be disposed of by a decision of the Appeal Committee given: (a) without a hearing; or (b) without compliance with any other requirements of the Statutory Powers Procedure Act or of this By-Law, where the licensee has waived such hearing or compliance. 3.19 No Licence issued under the provisions of this By-Law shall be transferable and is only valid in respect of the person or of the premises named therein, except that where two or more persons carry on business in partnership in one location only one licence is required, unless such transfer is approved by the Clerk. 3.20 Every Licensee shall re-apply as set out in this By-Law one month prior to the expiry of the said Licence by filling out the appropriate application form. 4.0 NEW OR EXISTING BUSINESS (located within a commercial zone) and/or HOME OCCUPATION BUSINESS 4.1 Operation -without licence -prohibited No person shall carry on business within the Town of Tillsonburg without first having obtained a licence to do so. Such licence shall only be required when first operating on the specific location and no renewals shall be required. Change of location will require a new licence. The licence is a requirement of the business owner and not the landlord of the premises. 4.2 No person shall, by virtue of one licence, carry on business in more than one location without first obtaining a licence for that location. 4.3 No person shall change the location of their business without obtaining a licence for the new location. 4.3 No person shall transfer such licence to another person with whom they have sold or transferred ownership of their business. Each new business owner shall be required to obtain a new licence. 5.0 AUCTIONEER 5.1 Operation-without Licence prohibited No auctioneer or person shall operate, maintain or engage in the business, trade or occupation of an auctioneer within the Town without first having obtained an Auctioneer's Licence to do so. 5.2 No auctioneer or person shall sell or put up for sale goods, wares, merchandise or effects by auction within the Town without first having obtained an Auctioneer's Licence. 7 sale of the same, or any portion thereof, account for the proceeds and pay the same to the person or persons entitled to such proceeds, less the auctioneer's proper and legal commission and charges. The auctioneer shall, in case no sale is made of such goods, on payment of his or her proper costs and charges, return such goods to the person or persons entitled to receive the same on proper demand being made thereof. 5.13 Every person/organization conducting an auction on behalf of a non-profit charitable organization or non-profit non-charitable organization must obtain a Daily Auction Licence. 6.0 VENDING/SALESPERSON 6.1 Operation -without Licence prohibited -for unprepared foods only No salesperson shall go from place to place or to a particular place within the Town of Tillsonburg, with goods, wares or merchandise for sale, or carry and expose samples, patterns or specimens of any goods, wares or merchandise that are to be delivered in the municipality afterwards without having first obtained a Licence from the Town of Tillson burg. 6.2 Every owner/operator of a fruit and vegetable stand shall obtain a Licence for each location to sell local produce only. A fruit and vegetable stand may be permitted only in the Service Commercial (SC), Neighbourhood Commercial (NC) and Major Institutional (IN2) Zones, as defined in the Towns current Zoning By-Law .. 6.3 The applicant shall take out a separate Licence for each location where goods, wares, merchandise or local produce are sold from and the applicant shall operate only in the location set out in the Licence. 6.4 No vending/salesperson shall operate from a specific location without the written permission of the private property owner. 6.5 All mobile vending, fruit/vegetable owner/operators shall be prohibited to operate on any municipal owned lands except for where a special event permit has been issued by the Town. 6.6 No person/organization shall be required to obtain a Licence in accordance with section 6 if the goods, wares or merchandise are being sold on behalf of a non-profit charitable organization or a non-profit non-charitable organization. 6.7 No owner of a business, operating in the Town of Tillsonburg shall be required to obtain a Licence in accordance with Section 6; if the goods, wares, merchandise, and/or fruit and vegetables being sold are such that are offered for sale in the aforementioned business premise and if such items are sold on the property owned/occupied by the said business. 6.8 In addition to the exemption set out in Section 6.1 0, every owner of a business must comply with the Town ofTillsonburg's Zoning By-law. 9 7.8 No person shall operate a refreshment vehicle or refreshment stand within 150 metres ( 492 feet) of any other restaurant. 7.8.1 Notwithstanding Sections 7.8, the location of special fund raising events shall be at the discretion of the Licensing Officer. 7.9 Every person applying for a licence to permit the operation of a refreshment vehicle or refreshment stand who intends to operate from private property shall submit with the application a letter of permission with respect to the proposed use from the registered property owner or his authorized agent. 7.10 Notwithstanding anything in Section 7, the owner of a mobile lunch truck, which has the sole purpose of travelling from place to place to serve a number of private locations is permitted to serve his clients in any zone and shall not be required to provide letters of permission from the property owners. All policy or policies shall also contain a cross-liability of interest clause protecting the Town against any actions, causes of actions, claims and demands whatsoever which may arise resulting from the Town's issuance of the permit to use the designated area. 8.0 PAWNBROKER 8.1 Operation-without licence-prohibited No person shall carry on the business of a pawnbroker or second hand goods dealer within the limits of the Town without having first obtained a licence for such pawnbroker or second hand goods dealer as provided for in this By-Law. A second hand goods dealer does not included flew markets, second hand bookstores, second hand clothing stores or second hand car dealers. 8.2 No person shall, by virtue of one licence, carry on business as a pawnbroker or second hand goods dealer in more than one shop. 8.3 Any licence issued pursuant to the provisions of this By-Law shall be displayed in a conspicuous place in or on the premises where a pawnbroker or second hand goods dealer is carrying on the business of a pawnbroker or second hand goods dealer. 8.4 Where two or more persons carry on business as pawnbrokers or second hand goods dealer in partnership in the same shop, only one licence is necessary. 8.5 Any person requiring a new licence for a year following the date of expiry of any previous licence shall apply for the new licence in the same manner as any new applicant. 8.6 Every applicant for a pawnbroker or second hand goods dealer licence shall provide in full, at the time the application is submitted, all of the information requested on the application form as well as: (a) payment of the prescribed licence fee; and (b) in the case of a pawnbroker's licence, security in the amount of $2,000 to the 11 pawnbroker/second hand goods dealer in respect of the licence by the applicant or licence holder has or will result in a breach of this By-Law or any other applicable law; or (c) the applicant or licence holder is a corporation or partnership and its conduct or the conduct of its officers, directors, employees, agents or partners affords reasonable grounds for belief that the pawnbroker/second hand goods dealer business has or will not be carried on in accordance with the law and with integrity and honesty; or (d) there are reasonable grounds for belief that the premises, accommodations, equipment or facilities in respect of which the licence is required do not comply with the provisions of this By-Law or any other applicable by-law; or (e) the conduct of the licence holder or other related circumstance afford reasonable grounds for belief that the carrying on of the business of pawnbroker/second hand goods dealer 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; or (f) the fee payable in respect of the licence has not been paid; or (g) the applicant is in default with respect to any financial or other obligation to the Town. 8.19 No person shall obstruct a person inspecting or withhold, destroy, conceal or refuse to furnish any information or thing required by a person inspecting for the purpose of this By-Law. 8.20 Issuance -rejected -cancelled -suspension -as per the General Provisions contained herein. 8.21 No licensee shall purchase, take in exchange or receive any second hand goods, article or thing from any person under the age of fourteen years of age without written authority from a parent or guardian of such person. 8.22 Every licensee shall ensure that a seller presents one ptece of identification that ts integrated with a photograph: (a) a valid driver's licence; (b) a passport issued by the government of origin; (c) a "Bring Your Identification" card issued by the Liquor Control Board of Ontario; (d) a certificate of Canadian Citizenship issued by the Government of Canada; (e) a Conditions Release Card issued by Correctional Services of Canada; or (f) a student card. 8.23 Every licensee shall ensure that prior to purchasing, taking a pledge, taking in exchange or taking on consignment any second hand goods, a record is made in a recording system approved by the Chief of Police or designate of: (a) the day, month, year and time of the transaction; (b) the full name, date of birth, and address of each seller; (c) the full particulars of the seller's identification; (d) a detailed description of each second hand good sufficient to identify it including, where applicable, make, model, serial numbers, markings, titles and any other identifying numbers, letters or designs; (e) the purchase or consignment price of each second hand good or a description of the item exchanged for it; and 13 8.32 Non-compliance -licence -revoked-notice -see General Provisions 8.33 Every person who contravenes any of the provisions of this By-Law is guilty of an offence and upon conviction is liable to a fine or penalty as provided in the Provincial Offences Act. Each day a violation of this By-Law continues shall constitute a separate and distinct offence under this By-Law. 9 FEE WAIVED 9.1 Non-profit community associations, charitable organizations, service clubs and other organizers of special fund-raising events carried on solely for the benefit of a particular charity or non-profit organization are not required to obtain a licence to operate any refreshment vehicle or refreshment stand and comply with the requirements of this by- law. The licence shall not be required and no fee charged provided that the person, organization, association or service club has completed the requirements contained in the facility contract or special events planner from the Parks & Recreation Services for the event and the applicant is directly responsible for the vending operation. 9.2 The Tillsonburg Business Improvement Area (BIA) and organizers of Town initiated events are not required to obtain a Business Licence to permit the operation of refreshment vehicles and refreshment stands from the downtown location and during outdoor events organized by the BIA or initiated by the Town. The BIA and Town initiated events are exempt from the provisions of this by-law however notification must be provided to the Clerk setting out the details and number of vendors attending the event. 9.3 The provisions of this by-law do not apply to the Tillsonburg Farmers Market held on Saturdays on Bridge Street at the Station Arts Centre. 9.4 Garage sales, second hand book sales, second hand clothing sales, fundraising events conducted by charitable or religious organizations shall be exempt from the provisions of this By-Law. 10 OFFENCE AND PENALTY 10.1 Every person who contravenes any provisions of this by-law or any director or officer of a corporation who concurs in such contravention by a corporation is guilty of an offence and, upon conviction, shall be liable to a fine as provided under the Provincial Offences Act, R.S.O. 1990, as amended from time to time. 11 WORD USAGE 11.1 As used in this by-law, words used in the present tense include the future; words used in the masculine gender include the feminine and neuter; and the singular number includes the plural and the plural the singular. 15 The Corporation of the Town ofTillsonburg REPORT CAO 12-24 DATE: November 12, 2012 TO: Council FROM: David Samis, Acting CAO SUBJECT: REPORT CAO 12-24, SALE OF SURPLUS LAND RECOMMENDATION RESOLVED THAT Council receive Report CAO 12-24 Sale of Surplus land; FURTHER RESOLVE THAT By-Law 3668 to provide for the sale of certain lands being Part 2, Part of Block A, Plan M-68, in the Town of Tillsonburg, County of Oxford, be brought forward for Council consideration. PURPOSE Staff are recommending to proceed to sell the surplus parcel of land on Glendale Drive, shown on the attached map, to the land owners who own the land abutting these lands at 65 Glendale Drive. HISTORY & DISCUSSION There are a number of pieces of land parcels that are part of Town owned ravine lands or small land locked parcels of land that abutting land owners use and maintain. Council will recall that at its meeting of March 1, 2012 it received Report DCS-2012-12 Potential Sale of Town Lands -Land Locked Ravine Areas, which provided an initiative to sell remnant parcels of municipal lands. The land owner at 65 Glendale Drive has approached the Town regarding purchasing a piece of land abutting the rear of their property along the ravine. This piece is not a viable building lot on its own and would be of little use to anyone other than the abutting land owner. The former property owner had documentation regarding negotiations with the town to purchase the piece of ravine land abutting their property. The former land owner is deceased, however his grandson and wife have purchased the parcel and wish to move forward with the purchase of the piece along the ravine that abuts their land. The property owner has provided an agreement of purchase and sale in the amount of $2,000.00, a Reference Plan and an environmental assessment which did not identify any issues on the subject lands. Staff are satisfied that this is a fair price for this parcel given the history and that all required documents have been provided. 1 ,oi .; I BLOCK R.E:GJST.ER.E:D ' \..o-<. ' '2. \ w. \..oi ; ,; .... -::, ~ r<' ..... ~~,.·~ .tl//611. -~ . ~/It {II / PLAN PART ~ ...... .,... •A• M-ilS ~ \li.A t" ~ 0 \..oi 4 ... ... ... ~ ...... ~ ... 2 ·~ 'I ~ ,; .. ~ ~ ~ \..oi '16 ""' "10 ~ -;, Q " \' ;;· "' ~ ~!;~ r~ \ \"' \ 9 ;~/ _/---i ...... Ia~ ld%1> .. ~ ;-ll -~--- ~>/- / l ~~ ..... -~-...· ~ "' ... ~~ \\ ... ~ ... ..... !!'o. .. "' ~" ~ ~· '''--~-~--~ ~~ ...... ------------------'~ ..; . ~ \P" : :~S 2'61 2\ 12'tE~~~g. CJW41®/2~1887: 45:19 AM, KIP1.pc3 ' , ...... ~ ...... - BLOCK -- ~Q ;.,.'<~'<' $ ~ BLOCK SCALE •A• LOT 10 R.E:GJST .ER.E:O PLAN i072 ... '!;.. 'l> " .!) \ I I ........ _ ·----J ----~-I 1 \. ·--· / PART 2 ::c ..... a:: 0 z I ' / .... / .... / ______ .,.....,. COORDINATE SCHEDULE ALL. ~lES Nl£ II W£1RES AND .:JI£ DEJa\1£0 fROW GIPS (BSJNJ\1XINS USING 1HE PII!Ct5E PCfiT POSI'TIONifG (PPP) SEit'otCE AIG RE. MP!JUIU) TO UTW. ZOIC 17, NAD83 (CSRS) COCII>IfA1E YAUES Nil£ 10 1.RBAN ACCURAC'f IN ~ ........ 0. fiEG. 2'111/10 -1-4(2) POINT NORTHING EASTING COCliiDI(A."'E$ ~T. IN ni!WSEL~ IE USED 10 RE-£ST.-...a-t COitNERS ~ BOlN)ARES SftO'M'i CN ntiS PLAN tMD..:'TMISIUN'IOI!E ~tiCIIJI1H!:I,NI)'11'11.£S ... o.r.11: OCTOBER 3. 2012 ati!Liun!DQLJL. PLAN 41R-....,...._ ......... ..... ______ _ ~'IM ... 'INE &Ne--... 'ltC I.ND 'WilD OI'IBGII , CllllaiD ~) .... ..... -...... liT .. PLAN OF SURVEY OF PART OF BLOCK "A" REGISTERED PLAN M-68 TOWN OF TILLSONBURG COUNTY OF OXFORD SCALE -1:250 -...... METRIC~~cr-'~~&W:=....,_, .. Q3CW8 KIM HUSTED SURVEYING LTD. SURVEYOR'S CERTIFICATE I COI'IFI"'IKir.T (t)-.. IIUII'C'I' Aim~ AM: c:a-e:T J1D 1M ~ W1M 1ME~.rcr.U.:~N:IA6CI'-.:I,NG1mDN:rMO'IME IIIIU.AliOMS IIIG UICD 'DDI (2)-'Mis.ltiCYW.S~OIIt'INE ~2012 --------... ~ ....... OMTAIIIIO LMCI smaDr NOTES ('II) --.....s Me. AD'QICMC AtG ME ~ 101M!: 'II:S1PII iMT f:6 ~....C ..... AIIAMGIFM:trtf' IICT'WA$,.,_. OM IIIDIISIBI»I'I.MMo.1072. (2)-'IO!;Dft81T(PI)..-...10----MIOWOII"OII"'10'nCMCIIr1tllll:lr.,.._ -UIIACI' «t rlfl' «r Mill H tCifHA3T .....,.._ (3) -DISTNCID tl.:.& GN 'Hil fUM ..: WW.: QRIUD 1111rAMC1S NG eM lECOM\IIIJI'ID'1D..:IIIC-OII'I'.....SI't"IM. .... "'NNtn'O.- LEGEND . " ,. t ....... ...... ...... -== === ....... --== -- ........ _....., __ ,. =-.. ----U:.-.sDD.L.S. ........ _.... ... .., ..._...,.. ..... IGJ'% -.... -_....JIUII .... I!S --.. _, __ KIM HUSTED SURVEYING L m. ONTARIO LAND SURV£YOR 30 HARVEY S1REET, ~ OHTMIO, N45 U f"ttQQME: ,18-1M2.~ FKJC O'lf-042-;JS» PRO.£C.T: 12-10211 REFERENCE: f'F'8 .,....._~laS The Corporation of the Town of Tillson burg EXECUTIVE SUMMARY to BY-LAW 3669 REPORT CAO 12-25 DATE: November 12, 2012 TO: Council FROM: David Samis, Acting CAO SUBJECT: REPORT CAO 12-25, SALE OF SURPLUS LAND ON WILSON AVENUE RECOMMENDATION RESOLVED THAT Council receive Report CAO 12-25 Sale of Surplus land on Wilson Avenue; FURTHER RESOLVE THAT By-Law 3669 to provide for the sale of certain lands being Lot 52, Plan 41M-22, in the Town of Tillsonburg, County of Oxford, be brought forward for Council consideration. PURPOSE To obtain Council endorsement of by-law 3669 to provide for the sale of certain lands being Lot 52, Plan 41M-88, in the Town of Tillsonburg, County of Oxford. HISTORY & DISCUSSION The land owner to the north and east of the subject parcel has approached the Town regarding purchasing a piece of land abutting his property. This parcel fronts onto Wilson Avenue, however the parcel is not a viable building lot on its own and would be of little use to anyone other than the abutting land owner. The parcel to the north fronts onto Concession Street however there is no safe access point on Concession Street therefore the only access would be from Wilson Avenue. The abutting land owner to the east has been notified that the parcel will be sold and they have no objection. Internal departments were circulated for comment and have no objections to the sale. \ ~~ . ) Lo,\-S :J-, PL(AA._ <-{ t M-~">Y ~ -o LV f\. e J__ b '-} fY\ r , [.(Q_+-S. i A.C<..S 0 ,_ +ow"-p os-ce..-\. THE CORPORATION OF THE TOWN OF TILLSON BURG BY-LAW NUMBER 3669 A BY-LAW to authorize the Sale of certain lands to Peter Retsinas. WHEREAS pursuant to Section 8 of the Municipal Act,2001, S.O. 2001, C.25, a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act, AND WHEREAS the Corporation of the Town of Tillsonburg is desirous of selling certain lands being Lot 52, Plan 41M-88, in the Town of Tillsonburg, County of Oxford. AND WHEREAS The Council of the Corporation of the Town of Tillson burg has determined that the said lands are surplus to the needs of the Corporation and should be sold; AND WHEREAS Peter Retsinas has made a written offer to purchase these lands at the Purchase Price of $4,533.00. BE IT THEREFORE ENCACTED by the Council of The Corporation of the Town of Tillsonburg as follows: 1. THAT the Council of the Town of Tillson burg do authorize the conveyance of lands known as Lot 52, Plan 41M-88, in the Town ofTillsonburg, County of Oxford, at the purchase price of $4,533.00; 2. THAT the Mayor and Clerk be hereby authorized to execute on behalf of The Corporation of the Town of Tillson burg such documents to give effect to this conveyance. 3. That this by-Law shall come into full force and effect upon the date of enactment. READ A ARST AND SECOND TIME THIS 12th DAY OF November, 2012. READ A THIRD AND ANAL TIME AND PASSED THIS 12th DAY OF November 2012. Mayor -John Lessif Clerk -Donna Wilson The Corporation of the Town of Tillson burg REPORT CAO 12-28 DATE: November 22, 2012 TO: Council FROM: David Samis, Interim GAO SUBJECT: TAYLOR LANE ROAD CLOSURE RECOMMENDATION RESOLVED THAT Council receive CAO 12-28 Taylor Lane Road Closure; AND FURTHER THAT By-Law 3670 to close Taylor Lane, be brought forward for Council consideration. PURPOSE That By-law 3670 to close Taylor Lane, be brought forward for Two Readings. HISTORY & DISCUSSION The Town was approached by an adjacent property owner requesting they purchase Taylor Lane. The Lane is a dirt road that is currently only used by the adjacent property owners. The "lane" is not maintained to any municipal or Highway Traffic Act standard, as such, the Town has been assuming a legal liability that needs to be addressed. Section 34 of The Municipal Act, 2001 S.O. 2001, C 25, empowers the Corporation to close road allowances. Staff will contact the adjacent property owners once the lane has been closed regarding the sale of the land ensuring that both property owners are given equal opportunity to purchase the land. As such by-law 3670, to close Taylor Lane, is hereby being brought forward for Council consideration. FINANCIAL IMPACT/FUNDING SOURCE No financial impact to the Town PREPARED BY: Donna Wilson, Clerk APPROVED BY: David Samis, Interim CAO The Corporation of the Town of Tillson burg REPORT CAO 12-29 DATE: November 12, 2012 TO: Council FROM: David Samis, Interim CAO SUBJECT: PROCEDURAL BY-LAW RECOMMENDATION RESOlVED THAT Council receive CAO 12-29 Procedural By-law; AND FURTHER THAT Council endorses the recommendations contained therein. PURPOSE To provide Council with recommendations to clarify Council and Committee procedures. HISTORY & DISCUSSION Due to issues that arose with the recent information technology disruptions staff have reviewed and are proposing changes to the Town of Tillsonburg Procedural By-law to clarify procedures particularly for meeting notifications and posting of Council Minutes. A number of other changes are proposed as well to provide clarity of procedures and move toward being in line with Provincial legislation. The following sections have proposed amendments: 4.3 REGULAR COUNCIL MEETING(S) Notice for meetings and publication of the agendas and minutes will be revised to provide for additional notifications to be posted in the local newspaper as well as the Tillsonburg Customer Service Centre. The proposed wording shall read: 4.3.4 Notice to members of all meetings of Council, agendas, cancellations and re-scheduling shall be provided by the Clerk to each Member electronically through email, not less than 48 hours prior to the time set for the meeting. Notice may be personally delivered or sent by first-class mail or courier or provided by any additional means in case of an emergency. 4.3.5 The Clerk shall cause the public notice of regular meetings to be published at the beginning of This section also states what is to be included in the notice such as the day, date, time and place of the meeting. It describes the process to cancel or reschedule a meeting with at least 48 hours' notice. 4.8 PECUNIARY INTEREST The section on Pecuniary Interest has been revised to coincide more with the wording in the Municipal Conflict of Interest Act. 7. ORDER OF BUSINESS The order of business has proposed changes to begin open Council Meetings at 5:00p.m. and to move the closed session of council to begin after By-laws. In researching other municipalities across Ontario it has become apparent that the majority of municipalities go into a closed session of council, when necessary, towards the end of the agenda. Staff reviewed 21 municipalities of which 17 move into closed session at the end of the agenda and 4 move into closed session at the beginning of the agenda. Tillsonburg is the only municipality in Oxford County that moves into closed session at the start of the agenda. There is just a minor difference in the order of business for closed. Some go into closed prior to by-laws and some only move back into open session after closed session to do the confirmatory by- law. Staff proposes that Tillson burg follows this practice and move into closed, when necessary, after the by-laws have been read and only return to open to deal with resolutions brought forward from closed, when necessary, and the confirmatory by-law. The order would look as follows: 7.1 The order of business for the regular meetings of Council shall be as follows: 1. Call to Order 2. Moment of Silence/Prayer 3. Adoption of Agenda 4. Disclosures of Pecuniary Interest and the General Nature Thereof 5. Adoption of Council Minutes of Previous Meeting 6. Delegations and Presentations 7. Public Meetings 8. Information Items 9. Reports from Departments 10. Unfinished Business 11. Committee Minutes & Reports 12. Motions 13. Notice of Motions 14. Resolutions 15. Items of public Interest 16. By-laws 3 OPS12-17 Report-Quotation for Snowplowing 2012-2013 DATE: November 12, 2012 TO: David Samis ,Acting C.A.O FROM: Randy Vince, Roads Manager, S.T. Lund, Director of Operations SUBJECT: QUOTATION FOR SNOW PLOWING FOR THE MUNICIPAL, POLICE AND FIRE SERVICES PARKING LOTS AND AIRPORT RUNWAY-2012-2013 WINTER SEASON RECOMMENDATIONS "Resolve that Council receives Operations Services Report OPS12-17 from the Roads Manager and Director of Operations dated November 12th, 2012 is received" And further that "Quotation for Part A -Snowplowing for the Municipal, Police & Fire Services Parking Lots for the 2012-2013 Winter Season to be awarded to Trevor Hawley Trucking" And further that "Quotation for Part B -Snowplowing for the Tillson burg Regional Airport Runway for the 2012-2013 Winter Season to be awarded to J. Horvath Holdings Inc. PURPOSE To provide the Quotation results for Municipal, Police and Fire Services Parking Lots Snow Plowing and Snow Piling for the 2012 -2013 winter seasons. HISTORY & DISCUSSION This is the eighth year that we have adopted a fixed/variable price structure for the lots in order to obtain more bidders. This year, one bidder has submitted an hourly loader rate with no fixed costs; we also had two bidders add an extra stand-by payment. Three quotations were opened at 9AM on Tuesday October 16, 2012 at the Tillsonburg Public Works Building. Those present were Roads Manager-Randy Vince and Dave Davis, Fleet Manager. liPage The total hours averaged over the past 3 winter seasons is 386 hrs and the actual number of hours will be weather dependent. Company Hawley Trucking D&D Com. Property Mt. Natures Choice Hrs. Cost (Based on 386 Hrs.) Fixed Cost $29,915.00 $34,740.00 $49,408.00 $0 $10,000 $24,000 FINANCIAL IMPACT /FUNDING SOURCE $29,915.00 $44,740.00 $73,408.00 Municipal parking lot snowplowing is funded by the Towns Public Works winter maintenance budget Part B -Airoort Snow Removal Tender J. Horvath Holdings Inc., Tillsonburg, ON Machine one: 18ft Blade $100.00 hr. Machine two: 9ft double auger snow blower $85.00 hr. No stand by pay Company Hrs. Cost (Based on 100 Hrs.) Fixed Cost Horvath Holdings Tractor with 18ft blade 80hrs. $100.00 hr Tractor with snow blower attachment 20hr $85.00 hr The above costs do not include HST. WRITTEN BY: R. Vince, CRS-I, Roads Manager S.T.Lund, P.Eng., Director of Operations DATE WRITTEN: October.18, 2012 31Page $8,000.00 $1,700.00 Development and Communication Services 2012 '~-----------------------------------------------------------------} DCS 12 -63 Report -Award of Cultural Funds DATE: NOVEMBER 12, 2012 TO: DAVID SAMIS, (ACTING) CAO FROM: GENO VANHAELEWYN, (ACTING) DIRECTOR OF DEVELOPMENT & COMMUNICATIONS SUBJECT: AWARD OF CULTURAL FUNDS RECOMMENDATION "Resolve that Council receives Report DCS 12 -63-Award of Cultural Funds and further resolve: . That the Kiwanis Club of Tillsonburg be awarded a grant in the amount of $3,000 ) for the 2012 Santa Claus Parade subject to the terms and conditions contained herein; and, That all disbursements be funded by the 2012 Economic Development budget." PURPOSE 1. The purpose of this report is to seek Council approval for the recommendation made by the Tillsonburg Cultural Advisory Board for the disbursement of a portion of the funds available in the 2012 Economic Development budget. HISTORY & DISCUSSION 2. The mandate of the Cultural Advisory Board includes making recommendations to Council regarding grant applications received for cultural events in the Town of Tillsonburg. 3. The grant opportunity was advertised in the Town of Tillsonburg's Focus on Tillson burg section of the Tillson burg News. 4. One application was received by the Town of Tillson burg from the Kiwanis Club of Tillsonburg for their 2012 Santa Claus Parade scheduled for Saturday, November 17, 2012. Applicant Budget Amount Amount Purpose of Funding Requested Recommended Kiwanis Club of $4,000 $3,000 $3,000 Musical acts ( 4 bands) Tillsonburg Development and Communication Services 2012 DCS 12-61-Sign Variance-Avondale United Church -62 Harvey Street DATE: November 2, 2012 TO: Geno Vanhaelewyn, Chief Building Official and Acting Director of Development and Communication FROM: Emily Xuereb, Deputy Chief Building Official SUBJECT: SIGN VARIANCE-62 HARVEY ST RECOMMENDATIONS "Resolve that Council receive report DCS 12-61 and that a variance to Sign By-Law 2976 be granted for the construction of a ten foot, rwe inch (10ft 5 in) high ground sign located on the property at 62 Harvey Street." PURPOSE The purpose of this report is to provide Council with an overview of the request for a sign variance for 62 Harvey Street. HISTORY 8t DISCUSSION Building Services received a sign permit application from Excellent Signs for Avondale United Church located at the above noted address. A review of the application revealed that the proposed sign would not comply with Sign By-Law 2976 and therefore could not be issued. This information was provided to the applicant and subsequently the owner requested that the sign be considered for a variance to the Sign By-Law. A letter from the applicant (Excellent Signs) along with the proposed signage outlining the request has been attached to this report. The owner proposes to construct a ten foot, 5 inch (10ft. 5 in.) high ground sign on the property at 62 Harvey St to replace the existing ground sign as indicated on the attached drawings. October 10, 2012 The Town ofTillsonburg 10 Lisgar Avenue Tillsonburg, Ontario N4GSAS Honourable Mayor and Assembled Council (519) SB1-S492 "'""" (519] 681-:.38!56 Tall Free; 1-eJOCJ-S13--44A::! excellent srgru::;@ E-xce-ltE-nt91gns. ::om RE: SIGN VARIANCE -AVONDALE UNITED CHURCH, 62 HARVEY STREET, TILLSONBURG, ON. FRED HAGLE-MINISTER-519-842-5532 This variance is in reference to a proposed sign design from Excellent Signs & Displays Inc. for the Avondale United Church at the address noted above in the City ofTillsonburg. The sign type is considered in the sign bylaw section 7-7.4Ground Signs. Our design is within the ground sign parameters with the exception of one detail, the maximum 7' sign area height requirement. Our design does meet the height requirements with the exception of the decorative aluminum arch which directly captures the characterofthe building. We have taken the historical nature ofthe building and have incorporated this into our design. Too many times, in too many places, properties have not considered the value of history, culture, and architecture in the design of commercial signs. We have taken these into account and believe this is an added feature to a city embracing its history and growing status. Please take into consideration the arch above the sign area is decorative and architectural and is not above the limit of the sign bylaw. Thank you for your thoughtful consideration of this variance. Best Regards, EXCELLENTSIGNS& DISPLAYS INC. lan Hain 2736 Dingman Drive, London, Ontario N6N 1G4 1-800-613-4443 L I NEW Al!/MlNIIM 6481<1C4TElJ 1VBE SIIPPQRTS ST!WerriRE WITH 4':X4" H.SA. Ci1R11EiJ POSTS I 118" fi4BR/CATE!) POST IVI.a' 7D EXR4ND WIDTH THiirJl/Gif SIGN BOOY I WElDED I I /2" X I 112" OECORATIVE Tl/81/IIG I AU EKPOSElJ ne4MIIVG 114/NTED BLACK S(S IUIIMIN4TEO CABINEr WITH EX-7 ne4MES ANO fi48RICATE!) FillER 114/NTED BLACK I 3116" ClEAR ~C fi4CE WffH SEfXIN() Sl/Rfi4CE WN!t GRAPHICS I !ll.l/M!/114TE!) WITH H(O FWORESCENT lAMPS AS KEQII!REO SIDE VIEW -· 1 4 "1 ~ b liiilitiie~w.~ .. ,~ ••. ~ 3/16' CLEAR ACRYLIC FACE WITH SECOND SURFACE VINYL GRAPHICS 62 Harvey St -Variance Si~~ \oWion THE CORPORATION OF THE TOWN OF TILLSONBURG REQUEST FOR PROPOSALS FOR IT SECURITY AND NETWORK INTEGRITY ASSESSMENT SERVICES RFP 2012-100 IT Security and Network Integrity Assessment Services RFP 2012-100 1.0 DEFINITIONS "CONTRACT" means an Agreement and any attachments approved by the Town. "DIRECTOR" means the Director of Development and Communication Services or their designate. "MAY" used in this document denotes permissive. "PROPONENT" means a vendor submitting a proposal in response to this RFP. "REQUEST FOR PROPOSAL (RFP)" means the document issued by the Town. "SELECTED PROPONENT" means the Proponent(s) whose proposal has been selected by the Town for further consideration. "SHALL" and "WILL" used in this document denotes imperative "SUCCESSFUL PROPONENT (S)" means Proponent(s) whose proposal (s) has been approved by the Town. 2.0 INTRODUCTION The Corporation of the Town of Tillsonburg is seeking to acquire the services of a consultant with expertise to facilitate an assessment of information technology controls, processes, policies, information security and network integrity. Through submission of a Proposal, successful firms will identify their experience and their particular area of expertise that the Town may use for future assignments as deemed appropriate. 3.0 INSTRUCTION TO PROPONENTS 3.1 COMPLETION OF THE PROPOSAL The Form of Proposal including the Schedule of Items and Prices must be completed in hard copy. All entries in the Form of Proposal shall be clear and legible and made in ink. All items shall be made according to any instruction in the proposal documents. Entries must be made for unit price, lump sum, extensions and totals as appropriate. Alterations may be made providing they are legible and initialled by the Proponent's signing officer. Proposals which are incomplete, conditional, illegible or obscure, or that contain reservations, erasures, alterations incorrectly submitted, or irregularities of any kind may be rejected. All pricing shall be submitted with HST shown separately. Town ofTillsonburg Initial of Proponent 3 IT Security and Network Integrity Assessment Services RFP 2012-100 3.4 WITHDRAWAL OR ALTERATION OF PROPOSALS 3.4.1 A Proponent who has submitted a Proposal may submit a further Proposal at any time up to the specified time and date for RFP closing. The last Proposal received shall supersede and invalidate all Proposals previously submitted by that Proponent for this contract. 3.4.2 A Proponent may withdraw or alter the Proposal at any time up to the specified time and date for Proposal closing by submitting a letter bearing the Proponent's signature and seal, where applicable, to the Director or the authorized representative who will mark thereon the time and date of receipt. The Proponent's name and the contract number shall be shown on the envelope containing such letter. Telegrams, facsimiles (faxes), or telephone calls will not be accepted. 3.5 UNBALANCED PROPOSALS AND DISCREPANCIES 3.5.1 Proposals that contain prices which appear to be so unbalanced as likely to adversely affect the interests of the Town may be rejected. 3.5.2 Wherever the amount proposed for an item does not agree with the extension of the proposal quantity and the proposed unit price, the unit price shall govern the amount and the Total Proposal Price shall be corrected accordingly. 3.5.3 Mathematical discrepancies will be corrected by the Town by appropriate means to arrive at the correct Total Proposal Price. Where an error has been made in transferring an amount from one part of the Proposal to another, the amount shown before transfer shall, subject to any corrections as provided for above, be taken to be correct, and the amount shown after transfer and the Total Proposal Price shall be corrected accordingly. 3.5.4 Proponents who have submitted Proposals that have been rejected by the Town will normally be notified within 30 days of the specified time and date for Proposal closing. 3.6 ENQUIRIES, OMISSIONS, DISCREPANCIES AND INTERPRETATIONS 3.6.1 All Proposal inquiries shall be directed by email to GVanhaelewyn@tillsonburg.ca, or via fax (519) 842-9431 to: Corporate Office 200 Broadway, 2"d Floor Tillsonburg, Ontario N4G 5A7 Attention: RFP 2012-100 3.6.2 Should the Proponent require clarification as to the meaning of any part of the RFP documents or should they have questions, the Proponent should notify the above contact without delay. Questions will be recorded and forwarded to the appropriate parties. Questions and answers will be shared with all registered Proponents by means of email or fax in the form of a GENERAL INFORMATION bulletin, where in the opinion of the Director, a fair and open process will be achieved by doing so. 3.6.3 Should a Proponent find omissions or discrepancies in any of the RFP documents that the Town considers a correction, or if any correction or update to the RFP documents is made, an addendum will be issued to all Proponents who have requested the RFP document. 3.6.4 ELECTRONIC NOTICE-All General Information bulletins and Addendums shall be sent via email or fax. Town ofTillsonburg Initial of Proponent 5 IT Security and Network Integrity Assessment Services RFP 2012-100 3.11 ERRORS AND OMISSIONS It is understood, acknowledged and agreed that while this Request for Proposal includes specific requirements and specifications, and while the Town has used considerable efforts to ensure an accurate representation of information in this Proposal, the information is not guaranteed by the Town to be accurate, nor necessarily comprehensive or exhaustive. Nothing in the Proposal is intended to relieve the Proponents from forming their own opinions and conclusions with respect to the matters addressed in the Proposal. There will be no consideration of any claim, after submission of Proposals, that there is a misunderstanding with respect to the conditions imposed by the contract. 3.12 LIMITATION OF DAMAGES The Proponent waives any claim for loss of profits, overhead expense, liabilities, costs, expenses, loss or damage incurred, sustained or suffered by themselves prior or subsequent to or by reason of the acceptance or the non-acceptance by the Town of any Proposal or by reason of any delay in the acceptance of a Proposal, or matters in respect of the competitive process, except as provided in the Proposal. All costs incurred in the preparation and presentation of the Proposal shall be wholly absorbed by the proponent. All supporting documentation submitted with the Proposal shall become the property of the Town of Tillsonburg. 3.13 MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION PRIVACY ACT (MFIPPA) In accordance with MFIPPA, this is to advise that any personal information Proponents provide is being collected under the authority of the Municipal Act and will be used exclusively in the selection process. All Proposals submitted become the property of the Town. Proponents are reminded to identify in their Proposal material any specific scientific, technical, commercial proprietary, or similar confidential information, the disclosure of which could cause them injury. Complete Proposals are not to be identified as confidential. The information contained in this Proposal document may be utilized by the Proponent solely for the purpose of preparing a Proposal for submission to the Town. Any other use of the information for any other purpose is not authorized by the Town. Consultants must indicate clearly within their proposal information they consider to be confidential. The Town is required to adhere to the requirements of the Municipal Freedom of Information and Protection of privacy Act, as amended, and once a proposal is accepted it does become public information and must be disclosed upon a request by any member of the public. 3.14 NEGOTIATIONS The Town may award the RFP on the basis of Proposals received, without discussion. Each proposal should, therefore, contain the Proponent's best terms and complete detailed information. The Town reserves the right to enter into negotiations with the selected proponent(s). If the Town and the selected Proponent(s) cannot negotiate a successful agreement, the Town may terminate the negotiations and begin negotiations with the next selected Proponent(s). This process will continue until an agreement has been executed or all of the Proponent(s) have been rejected. No Proponent shall have any rights against the Town arising from negotiations. The Proponent will assume all costs incurred in providing responses to the RFP and for providing any additional information required by the Town of Tillsonburg to facilitate the evaluation process. The Town reserves the right to discontinue the RFP process at any time and makes no commitments, implied or otherwise, that this process will result in a business transaction with one or more vendors. 3.15 PROOF OF ABILITY The Town reserves the right not to award the Contract to any Proponent who does not furnish satisfactory evidence that it has ability and experience in this class of work and that it has sufficient capital and equipment to enable it to complete the work successfully within the time required. Town ofTillsonburg 7 Initial of Proponent IT Security and Network Integrity Assessment Services RFP 2012-100 3.25.2 The Town of Tillson burg shall inform the Contractor of the Event of Default in writing. 3.25.3 The Town of Tillsonburg shall have the exclusive option of terminating this contract for any substantial breach of this Contract by the Contractor that continues unresolved after the expiry of ten (1 0) working days from receipt of the written notice from the Town of Tillsonburg of the substantial breach of the Contract by the Contractor. 3.26 TERMINATION 3.26.1 In the event that the Successful Proponent fails to comply with any of the terms and conditions set forth in the signed contract\agreement, the Successful Proponent will be notified in writing and will be given ten (1 0) days to comply with the violated sections. At the expiration of the stated period of time, if the Successful Proponent has not complied to the satisfaction of the Town, the contract can be terminated. Any termination of the contract by the Town shall be without prejudice to any other rights or remedies the Town may have. 3.26.2 The Town of Tillson burg shall have exclusive option of terminating the Contract, immediately, at any time for any fraud or dishonesty on the part of any officer, employee, agent, servant or shareholder or the Contractor. 3.26.3 The Town reserves the right to terminate the contract at anytime without penalty with sixty (60) day written notice. 3.27 CRIMINAL BACKGROUND CHECKS The Successful Proponent covenants and agrees to assist the Town of Tillsonburg in complying with same by providing the Town of Tillsonburg or such other entity as the Town of Tillsonburg may designate with a criminal background check covering offences under the Criminal Code, the Narcotics Control Act and any other offences which would be revealed by a search of the automated Criminal Records Retrieval System maintained by the RCMP ("Criminal Background Check"). 3.28 EXCLUSIVITY Services provided by the Successful Proponent shall be utilized at the sole discretion of the Town of Tillsonburg. The Town may choose to utilize internal staff where it is in the best interests of the Town to do so and in such cases the Town of Tillsonburg shall incur no pena~y. The Town of Tillsonburg intends to secure services as outlined in this request for proposal but retains the right to decline contracting with any of the Proponents, in the Director's sole discretion. The Town reserves the right to negotiate the details of the services to be provided. 3.29 CONFLICT OF INTEREST Proposals may be rejected where a Conflict of Interest is determined by the Director or the Chief Administrative Officer. Conflict of Interest means a situation where a personal or business relationship or interest of a Proponent, councilor, officer, or employee of the Corporation is in conflict with the best interests of the ratepayers of the Town of Tillsonburg, and includes: a) the giving or receiving of a personal gain or benefit, or advantage or privilege, direct or indirect, by any business or a family member of any business or individual that could in future or does currently provide advice, goods, services, or construction to the Corporation Town ofTillsonburg Initial of Proponent 9 IT Security and Network Integrity Assessment Services RFP 2012-100 Points will be awarded (from 0 to 3 per criteria-A score of 0 indicates not meeting criteria, 1 indicates minimally meeting criteria, 2 indicates fully meeting criteria as described and 3 indicates exceeds criteria) and the highest weighted score will be first considered as a potential successful proponent. 5.0 DOCUMENTS The eventual agreement shall consist of: a. The RFP document c. Addenda to the RFP d. The Proposal and any subsequent negotiated changes The Town reserves the right to include additional terms and conditions during the process of negotiations. These terms and conditions shall be within the scope of the original RFP and will be limited to cost, clarification, definition and administrative and legal requirements. 6.0 SCOPE OF WORK The Town of Tillsonburg seeks to secure a consultant: • That advises on appropriate controls and processes that should exist to ensure that only authorized users can have access to Tillsonburg systems and data, and are authenticated via Tillsonburg's Active directory which is a shared key control amongst the Tillsonburg related entities; • That advises and/or develops for Tillson burg appropriate IT security policies, processes and procedures to safeguard it's electronic information and to detect and remediate IT security issues on an on-going basis; • That assesses unauthorized access to systems does not result in system disruption, data integrity related issues or unavailability of the key systems for each related entity; • That appropriate incident response policies and procedures are in place to respond to actual or partial incidents which could impact production systems;. • That key systems, e.g. Lotus Notes, are not subject to unauthorized access or disclosure and that all actions are appropriately controlled and monitored for appropriateness; • That advises Tillsonburg on appropriate training resources that should be in place to ensure that employees are aware of potential IT security risks and are able to respond appropriately if issues arise. The scope for this proposal should include: 1) Active Directory and related server infrastructure; 2) Network interfaces and related services, i.e., spam, firewalls, switching and vlan approaches; 3) Lotus Notes and related Domino database infrastructure; 4) SQL server and database configuration I security assessment; 5) Web application reviews for key web applications; 6) Wireless security assessment and delivery approach. The scope for the assessment of the information security, network integrity (including policy reviews) and disaster recovery phases should include: • Current inventory and condition of hardware, software and data, including providing a list of immediate areas of concern and recommendations on how to move forward; Town ofTillsonburg Initial of Proponent 11 IT Security and Network Integrity Assessment Services RFP 2012-100 Proponents are encouraged to provide any additional information or innovative approaches not specifically outlined in the context of this proposal. MINIMUM REQUIREMENTS Proposals must include the following: 1. The Proponent's demonstrated ability, including the provision of staff resources, to administer the Proposal. 2. Proponents' expertise in administering IT reviews for public bodies must be provided. Non-government experience will be considered. 3. Costs and rates must be indicated. Fees must include the cost of all activities that occur and all disbursements paid and shall be firm for the term of the agreement. The Town shall not accept any additional costs that are included in the proposal. GENERAL REQUIREMENTS 1. Firm Profile: Detail breadth of other similar assignments and clients; resource and support services available; particular strengths relevant to the firm; 2. Project Experience: Provide a summary of past projects completed in the past on behalf of governments; include the involvement of key personnel proposed for this project in (3); 3. Project Team Information: Detail, including the location of the office responsible for the project, the names of the staff who will be assigned to the project if the firm is successful, along with resumes; 4. References: Provide client references to similar sized recent projects. Failure to provide references will be considered grounds for disqualification; 5. Details of Proponent's experience and knowledge of Tillsonburg. 6. Explanation of pricing schedule for services provided (i.e. hourly rates, fees). 7. Any procurement of services shall follow guidelines and policies established or set-out by the municipality. Town ofTillsonburg 13 Initial of Proponent IT Security and Network Integrity Assessment Services RFP 2012-100 PROPONENT DECLARES: 1. No person, firm or corporation, other than the Proponent, has any other interest in this RFP. 2. This RFP is made without any connection, comparison of figures, or arrangements with, or knowledge of any other corporation, firm or person submitting an RFP for the same work and is in all respect fair and without collusion or fraud. 3. This RFP is made in accordance with the Municipal Conflict of Interest Act. Ontario. 4. The submitted Price in this RFP is valid for a period of ninety (90) days from the opening of this proposal by the Town. 5. The Proponent has fully reviewed the Information and the Specifications for Proponent and submits this proposal in anticipation of the fulfillment of the specifications at the price quoted. 6. This RFP has been executed by a duly authorized signing officer and the corporate seal has been affixed, where applicable. THE PROPONENT SUBMITS: The following information has been included as a mandatory part of the RFP submission. Please indicate: 1) Form of Proposal 2) Schedule of Items & Prices CIRCLE Yes Yes DATED AT ______ THIS------DAY OF ___ , 2012. SIGNATURE OF WITNESS SIGNATURE OF PROPONENT Town ofTillsonburg Initial of Proponent 15 OPS12-19 Report-Curbside Christmas Tree Collection DATE: TO: FROM: SUBJECT: November 12th, 2012 David Samis, Acting-CAO S.T. Lund, P.Eng., Director of Operations CURBSIDE CHRISTMAS TREE COLLECTION RECOMMENDATIONS Resolve that "Council receives Operations Services Report OPS12-19- Curbside Christmas Tree Collection as information." Further resolve that "Council support the recommendations contained therein." PURPOSE To review costs and service implications of the curbside Christmas tree collection. HISTORY & DISCUSSION Council at their meeting on October 22nd, 2012, requested a staff report on the town curbside Christmas tree collection. Curbside Christmas Tree Collection The town has collected Christmas Trees from the 6800 residences within the municipality for over 35 years. While residents are responsible for delivering trees to their homes the town offers a curbside collection program which occurs in the last two weeks in January of the calendar year. In 2009, The town spent $4,200 on Christmas Tree collection consisting of $2,400 in labour and $1,800 in fleet and advertizing charges. In 2010, the Christmas Tree collection program cost the town $5,000 consisting of $3,000 in labour and $2,000 in fleet and advertizing charges. lJPage The Corporation of the Town of Tillson burg FIN 2012-043 Use of Trust Funds for Youth Requests DATE: November12, 2012 TO: David Samis, Interim CAO FROM: Darrell Eddington, Director of Finance SUBJECT: USE OF TRUST FUNDS FOR YOUTH REQUESTS RECOMMENDATIONS "RESOLVE THAT Council receives Report FIN 2012-043 Use of Trust Funds for Youth Requests as information and supports the recommendation contained therein." PURPOSE To provide Council with a response to Council's Notice of Motion on the use of trust funds for youth requests. HISTORY & DISCUSSION At the Council meeting on October 22, 2012, Council passed the following notice of motion: Resolution! Moved By: Co unci II or Klein Seconded By: CouncilkJr Beres AND RESOLVED THAT Staff provide Council wlU1 a report regarding the use of the Town's Trust Funds fOr requests by Youth Delegations at Open Council Meetings. Council passed By-Law 3639 that created the following trust accounts: • Annandale House Trust • Cemetery Maintenance Trust • Cemetery Trust (Perpetual Care) • Community Trust • Parkland Trust • Scholarship Trust There are two trusts that may possibly be used to fund youth requests: • Community Trust -whose mandate is to receive, maintain, control and use donations for community designated purposes. • Scholarship Trust -whose mandate is to receive, maintain, control and use donations for scholarship awards. THE CORPORATION OF THE TOWN OF TILLSON BURG BY-LAW NO. 3654 A BY-LAW to amend By-Law 3251, being a by-law to authorize a Community Improvement Plan. WHEREAS the Corporation of the Town of Tillsonburg deems it necessary and expedient to expand the Tillsonburg Gateway Community Improvement Plan Area to ensure the continued revitalization and health of this area. AND WHEREAS the Municipal Council of the Town of Tillsonburg desires to designate a defined area of the Municipality as the Tillsonburg Gateway Community Improvement Plan Area in accordance with the provisions of Section 28 of the Planning Act, R.S.O. 1990, as amended, which provides that the Council of a municipality has an Official Plan containing provisions relating to the community improvement in the municipality, which states the municipality may, by by-law, designate the whole or any portion of an area covered by such an Official Plan as a Community Improvement Area; AND WHEREAS THE County of Oxford Official Plan contains the necessary provisions relating to community improvement and this by-law will be within the terms and intent of the Official Plan with respect to the community improvement policies; THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That the Tillsonburg Gateway Community Improvement Plan Area, be extended and designated as a Community Improvement Project Area. 2. That the Community Improvement Project Area consisting of the attached Map, as described as Schedule "A", form part of this by-law and is hereby adopted. 3. AND THAT this by-law shall come into force and effect upon final passing READ A FIRST AND SECOND TIME THIS 12th DAY OF November, 2012. READ A THIRD TIME AND FINALLY PASSED THIS 26th DAY OF November, 2012. Mayor -John Lessif Clerk -Donna Wilson ~ L.U .....J ::::> 0 L.U :::c u V) o::t' U") U) ("() 3: ::i >-c:o (""> '2:. ~ ..L. LEGEND ,_,..._ Municipal Limits c:::J Forest Hill Gateway Community Improvement Plan Area N 200 100 o 200 400 A MllDr. "'- "~A-'Ord \~~owing stronger. .. Information Sy5tems C>2072 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 3655 A BY-LAW to Amend By-Law 3191, being a By-Law To Authorize a Community Improvement Plan and to designate a specific area of the Town of Tillsonburg as the Dereham Forge Community Improvement Plan Area. WHEREAS the Municipal Council of the Corporation of the Town of Tillson burg deems it necessary and expedient to amend the Community Improvement Plan for the benefit of the Community; AND WHEREAS the Municipal Council of the Town ofTillsonburg desires to designate a defined area of the Municipality as the Dereham Forge Improvement Plan Area in accordance with the provisions of Section 28 of the Planning Act, R.S.O. 1990, as amended, which provides that the Council of a municipality has an Official Plan containing provisions relating to the community improvement in the municipality, which states the municipality may, by by-law, designate the whole or any portion of an area covered by such an Official Plan as a Community Improvement Area; AND WHEREAS THE County of Oxford Official Plan contains the necessary provisions relating to community improvement and this by-law will be within the terms and intent of the Official Plan with respect to the community improvement policies; THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That effective upon passage the Dereham Forge Community Improvement Plan amendment attached hereto as Schedule 'A' and forming part of this By-Law is hereby approved; 2. That the lands shown on Schedule 'B' attached hereto and forming part of this By-Law, be and the same is hereby designated as a "Community Improvement Project Area"; 3. That By-Law 3227 passed on September 11, 2006 and By-Law 3529 passed on July 11, 2011 be hereby repealed. 4. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST AND SECOND TIME THIS 12th DAY OF November, 2012. READ A THIRD TIME AND FINALLY PASSED THIS 26th DAY OF November, 2012. Mayor -John Lessif Clerk -Donna Wilson AMENDMENT -TOWN OF TILLSON BURG DOWNTOWN AREA COMMUNITY IMPROVEMENT PLAN TOWN OF TILLSONBURG DOWNTOWN AREA COMMUNITY IMPROVEMENT PLAN Enacted on September 25th, 2006, by By-law# 3191 Amended on November 26th, 2012 by By-Law# 3655 Town of Tillsonburg Corporate Offices-Town Centre Mall 200 Broadway, Second Floor Tillsonburg ON N4G 5A7 Telephone: (519) 688-3009 Fax: (519) 842-9431 Email: dsamis@tillsonburg.ca or gvanhaelewvn@tillsonburg .ca Website: www.tillsonburg.ca Page 1 AMENDMENT-TOWN OF TILLSON BURG DOWNTOWN AREA COMMUNITY IMPROVEMENT PLAN • The Town will make available a maximum annual amount of $200,000 for all grant and loan programs available through this community improvement plan; • Prior to approving an application under this community improvement plan, the Town reserves the right to request an independent audit of the applicants accounts, at the expense of the applicant, and to ensure that all other work orders or requests to comply from all other departments and agencies have been satisfactorily addressed; • The Town may, at any time, discontinue a program, however, any participants in the program prior to its closing will continue to receive loans or grants as approved for their property until the conclusion of their project. The following is a description of each of the financial incentive programmes being offered, together with associated implementation details. A. Fat;ade Improvement Loan Program This program is intended to encourage exterior renovations which are in keeping with the historical/heritage characteristics of buildings within the downtown area. This program allows Town Council to approve individual loans for the cost of fa<;ade improvement, on 50/50 matching contribution basis, to a maximum of $40,000 per building. The Town requires that the improvements be maintained as approved for the 10-year loan period. The repayment schedule is set up so that the greater of $1,000 or 10% of the loan amount is payable annually on tax due dates. Eligible improvements consist of external repairs to facades and rear entrances, including signage, entrances and display windows. Interior and roof work will not be covered. B. Building Code Upgrade Loan Program Where a project is proposed to renovate and/or redevelop residential or commercial space in existing buildings, Town Council can approve a loan to cover the capital cost of health and safety related improvements, on a 50/50 matching contribution basis, up to a maximum of $40,000 per building. The required agreement would specify the eligible works and a 1 0-year loan period. The repayment schedule is set up so that the greater of $1,000 or 10% of the loan amount is payable annually on tax due dates. Page 3 AMENDMENT -TOWN OF TILLSONBURG DOWNTOWN AREA COMMUNITY IMPROVEMENT PLAN * * * * * eligible for a full or partial tax increment-based grant to the owner for the specific period of time the program is in effect. Grant applications approved near the end of the program will be permitted to be finalized according to the terms of the program. The portion to be granted back only includes the increase in municipal taxes and BIA levy associated with the improvement. The portion of municipal taxation levied for Education and Upper Tier purposes will not be granted back. A grant schedule will be incorporated within the required agreement setting out the annual grant to be received in each subsequent year. Payment of the grant will be made once per year by the Town. The grant will be payable on a 'declining basis' over the time period the grant program is in effect as set out in the details relating to each type of grant program as set out below. The time period for which a grant would be available would be a maximum of 5 years following construction. The objectives and proposed grant rates relating to each of these categories of potential grant programs are outlined in more detail below. Rehabilitation, Renovation or Redevelopment Grants: This category of grant program would apply to existing buildings or property that are rehabilitated, renovated or redeveloped resulting in an increase in assessment. The purpose of the grant is to encourage and stimulate revitalization and re-use of existing buildings and property. The grant schedule for this program will be 80% of the increase in the municipal portion of the taxes and BIA levy in year one, decreasing to 60% in year two, 50% in year three, 40% in year four and 30% in year five following reassessment. The portion of municipal taxation levied for Education and Upper Tier purposes will not be granted back. New Residential Dwelling Unit(s) Grant: This category of grant program would apply to proposals to create one or more new residential dwelling units through the rehabilitation. renovation or addition to existing buildings. The purpose of the grant is to encourage an increase in the residential population living near the core. The grant schedule for this program will be 90% of the increase in the municipal portion of the taxes, decreasing to 70% in year two, 70% in year three, 60% in year four and 50% in year five, 40% in year six, 30% in year seven, 20% in year eight, 10% in year nine and 0% in year 10 following reassessment. The portion of municipal taxation levied for Education and Upper Tier purposes will not be granted back. Page 5 AMENDMENT -TOWN OF TILLSONBURG DOWNTOWN AREA COMMUNITY IMPROVEMENT PLAN F. Historical/Heritage Characteristics Building Renovation Grant This grant is intended to encourage exterior renovations which are in keeping with the historical/heritage characteristics of buildings within the CIP area. The guidelines intended to apply to all buildings and properties that are identified by the Town as being of 'heritage character' value and contributing to the overall heritage character is set out in the Town of Tillsonburg Central Area Design Study, Section 3.1. In this regard, the Town may offer rebate grants to applicants undertaking redevelopment or rehabilitation of properties in the CIP area consistent with the Tillsonburg Central Area Design Study. The costs that may be offset through this grant program include signage, windows, doors and exterior updates. This grant program allows Town Council to approve individual rebate grants to a maximum of $5,000.00 per building G. Concept Design Assistance Grant This grant program is designed to help offset costs of consultants and or Architects to provide the conceptual design of a project which is proposed to renovate and/or redevelop residential or commercial buildings. The design must be consistent with the Tillson burg Central Area Design Study in keeping with the historical/heritage characteristics of buildings within the CIP area. Eligible concept designs will be in keeping or restoring the historical/heritage characteristics of buildings. These designs shall consist of external repairs, including facades and entrances, and signage but shall not include internal design concepts. This grant program allows Town Council to approve individual rebate grants to a maximum of $5,000.00 per building for concept design costs. Page 7 "' 0 :z:-411111( ~ -I c: .!!} Q) ~ .E E ~ Q) ~ ~ ::i > e 10: a co ~ ~ e c. Q)C. tl .e ·u ~E ~-~ .5 ·c: o- c :::s LL~m :2 E c: Q) i ~g z m :::s ... ~ ~~ w ~ D.c: E<( (!) !!! E c: ! w QlO..\l:! ~ ..J 0(.)0.. THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3666 BEING A BY-LAW to govern the licensing of businesses within the Corporation ofthe Town of Tillsonburg; WHEREAS Section 150 & 151 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, 25without limiting the broad powers granted to municipalities through sections 9, 10 and 11 of the Municipal Act, 2001, c. 25 provides that a local municipality may licence, regulate and govern any business wholly or partly carried on within the municipality for one or more of the following purposes: health and safety, nuisance control or consumer protection; AND WHEREAS Sections 150 to 159 of the Municipal Act, apply to municipalities in the exercise of a power to pass by-laws licensing businesses under any section of this Act or any other Act. 2006, c. 32, Sched. A, s. 82. AND WEREAS it is necessary and expedient that there shall be rules governing the licensing of businesses within the Corporation of the Town ofTillsonburg. AND WEREAS the Council of the Corporation of the Town ofTillsonburg deems it expedient and necessary to repeal By-Laws 996, 1866, 1867,2100,2315, & 2761; THEREFORE THE COUNCIL OF THE TOWN OF TILLSONBURG ENACT AS FOLLOWS: 1.0 SHORT TITLE This By-Law shall be known as and referred to as the "Town ofTillsonburg Business Licensing By-Law". 2.0 DEFINITIONS In this by-law "antique/collectible show/flea market" shall include the exhibiting or offering for sale on a temporary basis at one location, antique or collectible goods, wares or merchandise where such is permitted under the Town's Zoning By-law. "applicant" means a person who is required to be Licenced pursuant to this by-law or who has made an application for a Licence to the Clerk and shall include a Licensee. "attendant" means any person other than a Licenced owner or operator who provides "Municipal Law Enforcement Officer" means a person appointed under authority of the Police Services Act for the purpose of enforcing Town by-laws. "non-profit charitable organizations" means whether incorporated or not, which have objects and purposes that are exclusively and wholly charitable. The organization is recognized by Revenue Canada as being "charitable" and it is complying with the reporting requirements under the Charities Accounting Act or is completing a Public Information Return under the Income Tax Act. "non-profit non-charitable organizations" means whether incorporated or not, which have objects and purposes that are both charitable and non-charitable and that raise money for the relief of poverty, the advancement of education, the advancement of religion, culture and the arts, health and welfare and for athletic clubs and associations. "owner" means a person who has in respect of premises, an estate for life or a greater estate, legal or equitable or leasehold estate. "pawnbroker" means a person who carries on the business of taking by way of pawn or pledge any article or second hand goods for the repayment of money lent thereon. "pawn shop" means a place where the business of a pawnbroker is carried on and includes any area where any such goods are stored or the business is carried on and all relevant documents pertaining to the conduct of operating a pawn shop. "person" includes a corporation or a partnership. "reasonable grounds" a set of facts or circumstances which would cause a person of ordinary and prudent judgment to believe beyond a mere suspicion. "refreshment vehicle" means a vehicle as defined by the Highway Traffic Act, or portable unit designed for the purpose of preparing, selling or dispensing food or drinks intended for consumption by the general public. "refreshment stand" means any facility (other than a restaurant or similar permanent establishment) from which food and refreshments are for sale or sold for consumption by the public on a seasonal basis, but does not include a refreshment vehicle. "salesperson" means a person who, within the Town of Tillsonburg, goes from place to place or to a particular place with goods, wares or merchandise for sale, or who carries and exposes samples, patterns or specimens of any goods, wares or merchandise that are to be delivered in the municipality afterwards. Shall include a Door to Door Salesperson or any person who engages in the solicitation, sale, purchase, or rental of goods, wares merchandise, or services on a door to door basis including salespersons or agents. Shall not include a business to business salesperson. "second-hand goods" shall include but not limited to clothes, books, bottles, bicycles, automobiles, furniture and electronics. 3 All applications subject to: i) Zoning approval ii) Building Department approval iii) Fire Department approval The following approvals required based on the type of business iv) Health Unit approval where required v) boards, commissions, authorities or agencies as the Clerk considers may have an interest or potential interest in the application, and who may submit comments or recommendations to the Clerk in respect of the application 3.8 Approvals must be received from each department/agency as set out in Section 3.7 before a Licence is issued. 3.9 The Licensing Officer may refuse a licence if any applicant who, have past breaches of this By-Law or because of failure to comply with the requirements of this By-Law or other applicable By-laws of the Town or of 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, or Board or Commission thereof, in, upon or in connection with the applied for licenced activity of the premises, facilities, equipment, vehicles and other property used or kept for hire in connection with the Licenced activity. The Licensing Officer or designate shall give the applicant notice of the refusal to issue the licence applied for, in writing, said notice to be served personally or by mail to the applicant at the address shown on the application. 3.10 If the Licensing Officer deems that the continuation of a business poses an immediate danger to the health or safety of any person or to any property, the Licensing Officer may, for the time and on such conditions as considered appropriate, without a hearing, suspend a licence subject to providing the licensee with the reasons for the suspension, either orally or in writing and providing an opportunity to respond to them. If the Licensing Officer deems it necessary to suspend a licence for any other reason other than those listed above, then the licensee shall receive a sixty (60) day notice to comply with the requirements of the licence. If at the end of the sixty (60) day period the requirements have not been complied with then the licence shall be suspended at that time. 3.11 While any licence granted under this By-Law is suspended or cancelled, the licensee shall not exercise any right or privilege conferred by such licence and any such licensee attempting to exercise any right or privilege under such licence during such suspension or cancellation shall be liable to the same penalties and may be prosecuted in the same way as though such person had procured no such licence. 3.12 Notice of revocation of any Licence may be given by registered letter mailed to the address on the Licence and upon such mailing the Licence shall terminate. 3.13 Where the Licensing Officer refuses to issue a Licence, suspend or revokes a Licence under this By-Law, the applicant or Licensee may appeal this decision by filing with the Clerk or Designate, an appeal in writing, of the said decision within fifteen days of being notified of the decision. The Clerk or Designate shall provide the Licensing Appeal Committee with a report as to the status of the licence. 5 3.17 The decision of the Licensing Appeal Committee to refuse to issue a Licence, revoke a Licence or suspend a Licence may be subject to such terms as the Licensing Appeal Committee shall impose and shall be final. 3.18 Despite any of the provisions of this By-law, any proceedings may be disposed of by a decision of the Appeal Committee given: (a) without a hearing; or (b) without compliance with any other requirements of the Statutory Powers Procedure Act or of this By-Law, where the licensee has waived such hearing or compliance. 3.19 No Licence issued under the provisions of this By-Law shall be transferable and is only valid in respect of the person or of the premises named therein, except that where two or more persons carry on business in partnership in one location only one licence is required, unless such transfer is approved by the Clerk. 3.20 Every Licensee shall re-apply as set out in this By-Law one month prior to the expiry of the said Licence by filling out the appropriate application form. 4.0 NEW OR EXISTING BUSINESS (located within a commercial zone) and/or HOME OCCUPATION BUSINESS 4.1 Operation-without licence -prohibited No person shall carry on business within the Town of Tillsonburg without first having obtained a licence to do so. Such licence shall only be required when first operating on the specific location and no renewals shall be required. Change of location will require a new licence. The licence is a requirement of the business owner and not the landlord of the premises. 4.2 No person shall, by virtue of one licence, carry on business in more than one location without first obtaining a licence for that location. 4.3 No person shall change the location of their business without obtaining a licence for the new location. 4.3 No person shall transfer such licence to another person with whom they have sold or transferred ownership of their business. Each new business owner shall be required to obtain a new licence. 5.0 AUCTIONEER 5.1 Operation-without Licence prohibited No auctioneer or person shall operate, maintain or engage in the business, trade or occupation of an auctioneer within the Town without first having obtained an Auctioneer's Licence to do so. 5.2 No auctioneer or person shall sell or put up for sale goods, wares, merchandise or effects by auction within the Town without first having obtained an Auctioneer's Licence. 7 sale of the same, or any portion thereof, account for the proceeds and pay the same to the person or persons entitled to such proceeds, less the auctioneer's proper and legal commission and charges. The auctioneer shall, in case no sale is made of such goods, on payment of his or her proper costs and charges, return such goods to the person or persons entitled to receive the same on proper demand being made thereof. 5.13 Every person/organization conducting an auction on behalf of a non-profit charitable organization or non-profit non-charitable organization must obtain a Daily Auction Licence. 6.0 VENDING/SALESPERSON 6.1 Operation -without Licence prohibited -for unprepared foods only No salesperson shall go from place to place or to a particular place within the Town of Tillsonburg, with goods, wares or merchandise for sale, or carry and expose samples, patterns or specimens of any goods, wares or merchandise that are to be delivered in the municipality afterwards without having first obtained a Licence from the Town of Tillsonburg. 6.2 Every owner/operator of a fruit and vegetable stand shall obtain a Licence for each location to sell local produce only. A fruit and vegetable stand may be permitted only in the Service Commercial (SC), Neighbourhood Commercial (NC) and Major Institutional (IN2) Zones, as defined in the Towns current Zoning By-Law .. 6.3 The applicant shall take out a separate Licence for each location where goods, wares, merchandise or local produce are sold from and the applicant shall operate only in the location set out in the Licence. 6.4 No vending/salesperson shall operate from a specific location without the written permission of the private property owner. 6.5 All mobile vending, fruit/vegetable owner/operators shall be prohibited to operate on any municipal owned lands except for where a special event permit has been issued by the Town. 6.6 No person/organization shall be required to obtain a Licence in accordance with section 6 if the goods, wares or merchandise are being sold on behalf of a non-profit charitable organization or a non-profit non-charitable organization. 6.7 No owner of a business, operating in the Town of Tillsonburg shall be required to obtain a Licence in accordance with Section 6; if the goods, wares, merchandise, and/or fruit and vegetables being sold are such that are offered for sale in the aforementioned business premise and if such items are sold on the property owned/occupied by the said business. 6.8 In addition to the exemption set out in Section 6.1 0, every owner of a business must comply with the Town ofTillsonburg's Zoning By-law. 9 7.8 No person shall operate a refreshment vehicle or refreshment stand within 150 metres ( 492 feet) of any other restaurant. 7.8.1 Notwithstanding Sections 7.8, the location of special fund raising events shall be at the discretion of the Licensing Officer. 7.9 Every person applying for a licence to permit the operation of a refreshment vehicle or refreshment stand who intends to operate from private property shall submit with the application a letter of permission with respect to the proposed use from the registered property owner or his authorized agent. 7.10 Notwithstanding anything in Section 7, the owner of a mobile lunch truck, which has the sole purpose of travelling from place to place to serve a number of private locations is permitted to serve his clients in any zone and shall not be required to provide letters of permission from the property owners. All policy or policies shall also contain a cross-liability of interest clause protecting the Town against any actions, causes of actions, claims and demands whatsoever which may arise resulting from the Town's issuance of the permit to use the designated area. 8.0 PAWNBROKER 8.1 Operation-without licence-prohibited No person shall carry on the business of a pawnbroker or second hand goods dealer within the limits of the Town without having first obtained a licence for such pawnbroker or second hand goods dealer as provided for in this By-Law. A second hand goods dealer does not included flew markets, second hand bookstores, second hand clothing stores or second hand car dealers. 8.2 No person shall, by virtue of one licence, carry on business as a pawnbroker or second hand goods dealer in more than one shop. 8.3 Any licence issued pursuant to the provisions of this By-Law shall be displayed in a conspicuous place in or on the premises where a pawnbroker or second hand goods dealer is carrying on the business of a pawnbroker or second hand goods dealer. 8.4 Where two or more persons carry on business as pawnbrokers or second hand goods dealer in partnership in the same shop, only one licence is necessary. 8.5 Any person requiring a new licence for a year following the date of expiry of any previous licence shall apply for the new licence in the same manner as any new applicant. 8.6 Every applicant for a pawnbroker or second hand goods dealer licence shall provide in full, at the time the application is submitted, all of the information requested on the application form as well as: (a) payment of the prescribed licence fee; and (b) in the case of a pawnbroker's licence, security in the amount of $2,000 to the 11 pawnbroker/second hand goods dealer in respect of the licence by the applicant or licence holder has or will result in a breach of this By-Law or any other applicable law; or (c) the applicant or licence holder is a corporation or partnership and its conduct or the conduct of its officers, directors, employees, agents or partners affords reasonable grounds for belief that the pawnbroker/second hand goods dealer business has or will not be carried on in accordance with the law and with integrity and honesty; or (d) there are reasonable grounds for belief that the premises, accommodations, equipment or facilities in respect of which the licence is required do not comply with the provisions of this By-Law or any other applicable by-law; or (e) the conduct of the licence holder or other related circumstance afford reasonable grounds for belief that the carrying on of the business of pawnbroker/second hand goods dealer 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; or (t) the fee payable in respect of the licence has not been paid; or (g) the applicant is in default with respect to any financial or other obligation to the Town. 8.19 No person shall obstruct a person inspecting or withhold, destroy, conceal or refuse to furnish any information or thing required by a person inspecting for the purpose of this By-Law. 8.20 Issuance -rejected -cancelled -suspension -as per the General Provisions contained herein. 8.21 No licensee shall purchase, take in exchange or receive any second hand goods, article or thing from any person under the age of fourteen years of age without written authority from a parent or guardian of such person. 8.22 Every licensee shall ensure that a seller presents one piece of identification that ts integrated with a photograph: (a) a valid driver's licence; (b) a passport issued by the government of origin; (c) a "Bring Your Identification" card issued by the Liquor Control Board of Ontario; (d) a certificate of Canadian Citizenship issued by the Government of Canada; (e) a Conditions Release Card issued by Correctional Services of Canada; or ( t) a student card. 8.23 Every licensee shall ensure that prior to purchasing, taking a pledge, taking in exchange or taking on consignment any second hand goods, a record is made in a recording system approved by the Chief of Police or designate of: (a) the day, month, year and time of the transaction; (b) the full name, date of birth, and address of each seller; (c) the full particulars of the seller's identification; (d) a detailed description of each second hand good sufficient to identify it including, where applicable, make, model, serial numbers, markings, titles and any other identifying numbers, letters or designs; (e) the purchase or consignment price of each second hand good or a description of the item exchanged for it; and 13 8.32 Non-compliance -licence -revoked-notice -see General Provisions 8.33 Every person who contravenes any of the provisions of this By-Law is guilty of an offence and upon conviction is liable to a fine or penalty as provided in the Provincial Offences Act. Each day a violation of this By-Law continues shall constitute a separate and distinct offence under this By-Law. 9 FEE WAIVED 9.1 Non-profit community associatiOns, charitable organizations, service clubs and other organizers of special fund-raising events carried on solely for the benefit of a particular charity or non-profit organization are not required to obtain a licence to operate any refreshment vehicle or refreshment stand and comply with the requirements of this by- law. The licence shall not be required and no fee charged provided that the person, organization, association or service club has completed the requirements contained in the facility contract or special events planner from the Parks & Recreation Services for the event and the applicant is directly responsible for the vending operation. 9.2 The Tillsonburg Business Improvement Area (BIA) and organizers of Town initiated events are not required to obtain a Business Licence to permit the operation of refreshment vehicles and refreshment stands from the downtown location and during outdoor events organized by the BIA or initiated by the Town. The BIA and Town initiated events are exempt from the provisions of this by-law however notification must be provided to the Clerk setting out the details and number of vendors attending the event. 9.3 The provisions of this by-law do not apply to the Tillsonburg Farmers Market held on Saturdays on Bridge Street at the Station Arts Centre. 9.4 Garage sales, second hand book sales, second hand clothing sales, fundraising events conducted by charitable or religious organizations shall be exempt from the provisions of this By-Law. 10 OFFENCE AND PENALTY 10.1 Every person who contravenes any provisions of this by-law or any director or officer of a corporation who concurs in such contravention by a corporation is guilty of an offence and, upon conviction, shall be liable to a fine as provided under the Provincial Offences Act, R.S.O. 1990, as amended from time to time. 11 WORD USAGE 11.1 As used in this by-law, words used in the present tense include the future; words used in the masculine gender include the feminine and neuter; and the singular number includes the plural and the plural the singular. 15 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3673 A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillson burg 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 'R 1-13' the zone symbol of the lands so designated 'R1-13' on Schedule "A" attached hereto. 2. That Section 6.5 to By-Law Number 3295, as amended is hereby further amended by adding the following subsection at the end thereof: "6.5.13 LOCATION: SOUTH SIDE OF ALLEN STREET (LOTS 27-33, PLAN 41M-218) R1-13 6.5.13.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R 1-13 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 6.5.13.1.1 REAR YARD Minimum depth 9.0 m (29.53 ft) 6.5.13.1.2 PERMITTED ENCROACHMENTS Raised decks which exceed 1.5 m (5 ft) in height shall be permitted to encroach 2.5 m (8.2 ft) into the required rear yard depth. 6.5.13.2 That all of the provisions of the R1 Zone in Section 6.2 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. 0') f--- c:::, S.E. ANGLE LOT 33 REG. PLAN 41M-218 SCHEDULE "A" TO BY-LAW No. __ _ LOTS 27 THROUGH 33 REGISTERED PLAN 41 M-218 2> oil. ,....., v{);. \ 0') C'\j \ l"J \ f--- \ C) \ f---\ ---J \ \ TOWN OF TILLSONBURG w 0 <f) ~ Ow Oz C.:::<( CO ....I ALLEN STREET N42-45-00E I I C) I 01 I l"J I C'\J I I I f---I f---I C) I C) I ---J I ---J I I I I I N50-34-00E 22.20 co C'\J f--- c::, ---J )( METRES ----10 5 0 10 20 30 40 70.78 I "' I C'\J I I f--- I C) I ---J I I THIS IS SCHEDULE "A" D AREA OF ZONE CHANGE TO R1-13 TO BYLAW No. ____ , PASSED NOTE: ALL DIMENSIONS IN METRES THE DAY OF , 2012 MAYOR Information Systems ©2012 CLERK THE CORPORATION OF THE TOWN OF TILLSON BURG BY-LAW NO. 3670 A BY-LAW to close Taylor Lane. WHEREAS it is deemed necessary and expedient to close Taylor Lane, Plan 578, which is located from the Northerly limit of Lincoln Street to the Southerly limit ofT own Line Road, in the Town ofTillsonburg. AND WHEREAS the effect of this by-law will not deprive any person of means of ingress and egress to and from his/her lands. AND WHEREAS by virtue of Section 34 {I) of The Municipal Act, 2001 S.O. 2001, Chapter 25, the Corporation is empowered to close road allowances. AND WHEREAS the provisions of Notice By-Law 3041 were followed in advertising the potential closing of Taylor Lane. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillson burg as follows: 1. THAT Taylor Lane, Plan 578, being located from the Northerly limit of Lincoln Street to the Southerly limit ofT own Line Road in the Town ofTillsonburg, as shown on Schedule "A" attached, is hereby closed. 2. THIS by-law shall take effect on registration hereof in the Registry Division for the County of Oxford {No.41). 3. THAT the Mayor and Clerk are hereby authorized to execute all necessary documents to implement such road closing. READ A FIRST AND SECOND TIME THIS 12th DAY OF NOVEMBER, 2012. READ A THIRD AND FINAL TIME AND PASSED THIS 26th DAY OF NOVEMBER, 2012. MAYOR-John Lessif CLERK-Donna Wilson THE CORPORATION OF THE TOWN OF TILLSON BURG BY-LAW NUMBER 3669 A BY-LAW to authorize the Sale of certain lands to Peter Retsinas. WHEREAS pursuant to Section 8 of the Municipal Act,2001, S.O. 2001, C.25, a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act, AND WHEREAS the Corporation of the Town of Tillson burg is desirous of selling certain lands being Lot 52, Plan 41M-88, in the Town of Tillson burg, County of Oxford. AND WHEREAS The Council of the Corporation of the Town of Tillsonburg has determined that the said lands are surplus to the needs of the Corporation and should be sold; AND WHEREAS Peter Retsinas has made a written offer to purchase these lands at the Purchase Price of $4,533.00. BE IT THEREFORE ENCACTED by the Council of The Corporation of the Town of Tillsonburg as follows: 1. THAT the Council of the Town of Tillson burg do authorize the conveyance of lands known as Lot 52, Plan 41M-88, in the Town ofTillsonburg, County of Oxford, at the purchase price of $4,533.00; 2. THAT the Mayor and Clerk be hereby authorized to execute on behalf of The Corporation of the Town of Tillsonburg such documents to give effect to this conveyance. 3. That this by-Law shall come into full force and effect upon the date of enactment. READ A FIRST AND SECOND TIME THIS 12th DAY OF November, 2012. READ A THIRD AND FINAL TIME AND PASSED THIS 12th DAY OF November 2012. Mayor -John Lessif Clerk -Donna Wilson THE CORPORATION OF THE TOWN OF TILLSON BURG BY-LAW NUMBER 3668 A BY-LAW to authorize the Sale of certain lands to Christopher & Jennifer DeCiark. WHEREAS pursuant to Section 8 of the Municipal Act,2001, S.O. 2001, C.25, a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act, AND WHEREAS the Corporation of the Town of Tillsonburg is desirous of selling certain lands being Part 2, Part of Block A, Plan M-68, in the Town of Tillsonburg, County of Oxford. AND WHEREAS The Council of the Corporation of the Town of Tillsonburg has determined that the said lands are surplus to the needs of the Corporation and should be sold; AND WHEREAS Christopher & Jennifer DeCiark has made a written offer to purchase these lands at the Purchase Price of $2,000.00 BE IT THEREFORE ENCACTED by the Council of The Corporation of the Town of Tillson burg as follows: 1. THAT the Council of the Town of Tillson burg do authorize the conveyance of lands shown as Part 2, Part of Block A, Plan M-68, in the Town ofTillsonburg, County of Oxford, at the purchase price of $2,000.00; 2. THAT the Mayor and Clerk be hereby authorized to execute on behalf of The Corporation of the Town of Tillson burg such documents to give effect to this conveyance. 3. That this by-Law shall come into full force and effect upon the date of enactment. READ A FIRST AND SECOND TIME THIS 12111 DAY OF November, 2012. READ A THIRD AND FINAL TIME AND PASSED THIS 12111 DAY OF November 2012. Mayor -John Lessif Clerk -Donna Wilson THE CORPORATION OF THE TOWN OF TILLSON BURG BY-LAW NUMBER 3662 BEING A BY-LAW to confirm the proceedings of Council at its meetings held on the 12'h day of November, ~12 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 Tillson burg at this meeting be confirmed and adopted by by-law; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSON BURG ENACTS AS FOLLOWS: 1. All actions of the Council of The Corporation of the Town of Tillsonburg at its special meeting and regular meeting held on November 12, 2012, 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 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 12"' DAY OF NOVEMBER, ~12 READ A THIRD AND FINAL TIME AND PASSED THIS 12'h DAY OF NOVEMBER, ~12 MAYOR-John Lessif CLERK-Donna Wilson AGENDA ITEM NO.: RESOLUTION NO.: MOVED BY : Carried ~ D Recorded Vote -- Defeated D COUNCIL RESOLUTION Date: ---- Deferred Tabled D D -..k-Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: November 12, 2012 RESOLUTION NO.: 1 MOVED BY: RESOLVE THAT the Agenda as prepared for the Open Session of the Council Meeting of November 12, 2012, be adopted; a.'S CltMel'<\e~. D Carried Recorded Vote D Defeated D Deferred D Tabled #Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: November 12, 2012 RESOLUTION NO.: 2 MOVED BY: RESOLVE THAT Council move·· o Closed Session, to consider matters relating to: Matters relating to personal matters about an identifiable individual-including Municipal employees; Matters relating to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. I I / 0 Carried D Defeated D Deferred D Tabled D Recorded Vote _1/JL~ayor' s Initials COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: November 12, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT the Minutes of the Open Council Meeting of October 22, 24, and 30, 2012, be approved. Jcarried D Recorded Vote D Defeated D Deferred D Tabled ifLl-Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: ____;3:::....__ Date: November 12, 2012 RESOLUTION NO.: 4 MOVED BY: RESOLVE THAT the Town of Tillsonburg Committee of Adjustment approve Application File A 09/12 subject to the following conditions: i) A building permit for the proposed assembly use shall be issued within one year of the date of the Committee's decision; ii) The applicant enter into an agreement with the Town to construct appropriate fencing on the parking lot boundary adjacent to residential properties, and provide a 1.0 m buffer and safety ballard between the rear of the plaza and the parking aisle. D D Carried Recorded Vote D Defeated 'eferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _4..:.....-_ RESOLUTION~ c MOVEDBY:' f/Y{W!'la~ SECONDED BY: ~£;::::)=:::::;2~=~==~:._--- J,---~ MfA~J t:. Date: November 12, 2012 RESOLVE THAT Counc~ the zoning by-law amendment application submitted by John Horeth, whereby lands consisting of Part Lot 8, Concession 11, Former Township of Dereham, now Town of Tillson burg are to be rezoned to allow a detached accessory building with a gross floor area of 290m2 (3120 ft2), te-al-low tl1e applicant an opportblnity to red11ce the size of the- detached aeeess01 y building in keeping witn the intent ofthe Town'£ Zoning Bylaw. D Carried Recorded Vote D Defeated D Deferred D Tabled --./LL-Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: ----'5=----Date: November 12, 2012 MOVED BY: '1ltt_/i SECONDED BY: ..)....,. - RESOLVE THAT Council approve the attached zoning bylaw amendment for an application submitted by Broadway Estates Inc. whereby lands consisting of Lots 27-33 of Registered Plan 41M-218, located on the east side of Allen Street, in the Town ofTillsonburg are to be rezoned to provide for reduced rear yard depths to facilitate the construction of single detached dwellings. FURTHER RESOLVE THAT By-Law 3673, being a by-law to amend By-Law 3295, as amended, be brought forward for council consideration. ~rried D Recorded Vote D Defeated D Deferred D Tabled __!)/.L Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: \ .'2 Date: November 12, 2012 RESOLUTION NO.: --'-7 __ MOVED BY: RESOLVED THAT Council receive Report CAO 12-26 Executive Summary to By-Law 3654 & 3655. FURTHER RESOLVE THAT By-Law 3654, to amend By-Law 3251, Gateway CIP and By-Law 3655, to amend By-Law 3191 Dereham Forge CIP, be brought forward for Council consideration. j Carried 0 D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: I '3 Date: November 12, 2012 RESOLUTION NO.: ---=8 __ MOVED BY: ~ ~----- SECONDED BY: ~ 0 ft2----.?-- RESOLVE THAT Council receives Report CAO 12-27 Manager, Network, Security and Technology; FURTHER RESOLVE THAT Council approve the recommendations contained therein .. D D Carried Recorded Vote [l] Defeated D Deferred D Tabled COUNCIL RESOLUTION AGENDA ITEM NO.: I ~ Date: November 12, 2012 RESOLUTION NO.: 9 MOVED BY: SECONDED BY: RESOLVE THAT Council receive CAO 12-23 executive summary to By-Law 3666; FURTHER RESOLVE THAT By-Law 3666, to govern the licensing of businesses within the Corporation of the Town of Tillsonburg, be brought forward for Council consideration. d Carried D Recorded Vote D Defeated D Deferred D Tabled COUNCIL RESOLUTION AGENDA ITEM NO.: /, 5: Date: November 12, 2012 RESOLUTION NO.: -=1.:::..0 __ MOVED BY: RESOLVE THAT Council receive CAO 12-24 Executive Summary to By-Law 3668, Sale of Surplus land; FURTHER RESOLVE THAT By-Law 3668 to provide for the sale of certain lands being Part 2, Part of Block A, Plan M-68, in the Town of Tillsonburg, County of Oxford, be brought forward for Council consideration. Jcarried D Recorded Vote D Defeated D Deferred D Tabled --¥--Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: l f..e Date: November 12, 2012 RESOLUTION NO.: ----=:..:11=---- MOVED BY: RESOLVE THAT Council receive CAO 12-25 Executive Summary to By-Law 3669, Sale of Land on Wilson Avenue; FURTHER RESOLVE THAT By-Law 3669 to provide for the sale of certain lands being Lot 52, Plan 41 M-22, in the Town of Tillsonburg, County of Oxford, be brought forward for Council consideration. ci Carried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: II Date: November 12, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT Council receive CAO 12-28 Executive Summary to By-Law 3670, Taylor Lane Road Closure; FURTHER THAT By-Law 3670 to close Taylor Lane, be brought forward for Council consideration. D Recorded Vote D Defeated D Deferred D Tabled ___!jf_ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: \ lS Date: November 12, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT Council receive CAO 12-29 Procedural By-Law; FURTHER RESOLVE THAT Council endorses the recommendations contained therein. D D Carried Recorded Vote [ZJ Defeated D Deferred D Tabled -VMayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _2=0::....__ Date: November 12, 2012 RESOLUTION NO.: 14 MOVED BY: RESOLVE THAT Council receives Operations Services Report OPS 12-17 from the Roads Manager and Director of Operations dated November 12th, 2012 is received; FURTHER RESOLVE THAT Quotation for Part A-Snowplowing for the Municipat Police & Fire Services Parking Lots for the 2012-2013 Winter Season to be awarded to Trevor Hawley Trucking; AND FURTHER RESOLVE THAT Quotation for Part B-Snowplowing for the Tillson burg Regional Airport Runway for the 2012-2013 Winter Season to be awarded to J. Horvath Holdings Inc. I [Z] Carried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: ----'2=1=---Date: November 12, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT Council receives Report DCS 12-63 Award of Cultural Funds and further resolve; FURTHER RESOLVE THAT the Kiwanis Club ofTillsonburg be awarded a grant in the amount of $3,000 for the 2012 Santa Claus Parade subject to the terms and conditions contained herein; AND FURTHER RESOLVE THAT all disbursements be funded by the 2012 Economic Development budget. cz(carried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: -----'2=2=-----Date: November 12, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT Council receive Report DCS 12-61 Sign Variance; FURTHER RESOLVE THAT a variance to Sign By-Law 2976 be granted to allow for the construction of a ten foot, five inch {10ft 5 in) high ground sign located on the property at 62 Harvey Street. 0 Carried D Recorded Vote D Defeated D Deferred D Tabled ¥Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _2=3;...__ Date: November 12, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT Council receive the IT Security and Network Integrity Assessment Services RFP; FURTHER RESOLVE THAT Council approve issuing the RFP. D D Carried Recorded Vote rn Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _2=-4=-----Date: November 12, 2012 RESOLUTION NO.: 18 MOVED BY: Moved By: Councillor Rosehart AND RESOLVE THAT Staff provide Council with a report regarding the discontinuation of the Christmas Tree pick-up program during the 2013 fiscal year. ~ed D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: ____;2=....;4'-----Date: November 12, 2012 RESOLUTION NO.: 19 MOVED BY: ~lku~ SECONDED BY: -~~- RESOLVE THAT Council receives Operations Services Report OPS 12-19 Curbside Christmas Tree Collection; FURTHER RESOLVE THAT Council support the recommendation contained therein. D Recorded Vote cl' Defeated D Deferred D Tabled $/ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 25 Date: November 12, 2012 RESOLUTION NO.: 20 MOVED BY: ~7fi .../ SECONDED BY: ~ Moved By: Councillor Klein AND RESOLVE THAT Staff provide Council with a report regarding the use of the Town's Trust Funds for requests by Youth Delegations at Open Council Meetings. ~ied D Recorded Vote D Defeated D Deferred D Tabled Layer's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: --2=5'----Date: November 12, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT Council receive Report FIN 12-43 Use of Trust Funds for Youth Requests; FURTHER RESOLVE THAT Council support the recommendation contained therein. ~Carried D Recorded Vote D Defeated D Deferred D Tabled -t/LL-Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _2=6::....._ Date: November 12, 2012 RESOLUTION NO.: 22 MOVED BY: Moved By: Councillor Rosehart AND RESOLVE THAT Staff provide Council with a report regarding the requirement to bag all leaves during the leaf pick-up program for the 2013 fiscal year. ~ied D Recorded Vote D Defeated D Deferred D Tabled ~yor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: ---'2=7-Date: November 12, 2012 RESOLUTION NO.: 23 ~/~ sEcoNDED BY: --t>fH-/Z.../L.L.W""'4'{);,.,"",c-{g-IL......I--9-~-· _ MOVED BY: Moved By: Councillor Rosehart AND RESOLVE THAT Staff provide Council with a report regarding a process to deal with the issue of the dumping of garbage without bag tags in the alley ways in Tillsonburg. ~arried D Recorded Vote D Defeated D Deferred D Tabled -U Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: -=28~ Date: November 12, 2012 RESOLUTION N .. MOVED BY: RESOLVE THAT By-Law 3654, to amend By-Law 3251, to Authorize the Gateway Community Improvement Plan, be read a first and second time and this constitutes the first and second reading thereof. ~rried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 29 Date: November 12, 2012 SECONDED BY: ~ ~ RESOLVE THAT By-Law 3655, to Amend By-Law 3191, being a By-Law To Authorize a Community Improvement Plan, be read a first and second time and this constitutes the first and second reading thereof. ~arried D Recorded Vote D Defeated D Deferred D Tabled ¥Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: -3=0=---Date: November 12, 2012 RESOLVE THAT By-Law 3666, To Govern the Licensing of Businesses, be read for a first and second time and this constitutes the first and second reading thereof. Gcarried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 31 RESOLUTION~. (} MOVED BY: ' rY (_fAIL~ SECONDED BY: _Cfu....::::..~~:z::===:::::::::::::... __ _ Date: November 12, 2012 RESOLVE THAT By-Law 3670, to close Taylor Lane, be read for a first and second time and this constitutes the first and second reading thereof; Gcarried D Recorded Vote D Defeated D Deferred D Tabled -k~ayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: ----'3=2=---Date: November 12, 2012 RESOLUTION N~ MOVED BY: ~ r?0 ( ?uav SECONDEDBY: -~~~~--~=------~------------ RESOLVED THAT By-Law 3669, To authorize the Sale of certain lands to Peter Retsinas, be read a first and second time and this constitutes the first and second reading thereof. ~Carried D Recorded Vote D Defeated D Deferred D Tabled *Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _3=3=---Date: November 12, 2012 RESOLVE THAT By-Law 3668, To authorize the sale of surplus land to DeCiark, be read for a first and second time and this constitutes the first and second reading thereof. FURTHER RESOLVE THAT By-Law 3668, be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. D Recorded Vote D Defeated D Deferred D Tabled __!f::._ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 34 RESOLUTION N~ !l MOVEDBY: ~A- SECONDED BY: ~· Date: November 12, 2012 RESOLVE THAT By-Law 3673, to amend By-Law 3295, be read a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3673, be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. D Recorded Vote D Defeated D Deferred D Tabled ~· Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: -----'3=5'---Date: November 12, 2012 RESOLVE THAT By-Law 3662, To Confirm the Proceedings ofthe Council Meeting of November 12, 2012, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3662, be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. ~arried D Recorded Vote D Defeated D Deferred D Tabled _ ___,.{!M~ ayor's Initials TOWN OF TILLSON BURG I Public Meeting for the Council Meeting of November 12, 2012 Record of Attendance Page 1 Notice of Collection Correspondence intended for Committee and/or Council is generally received as public information, subject to the Municipal Freedom of Information and Protection of Privacy Act and will be part of the public record. Town of Milton 150 Mary Street Milton, Ontario L9T 6Z5 Phone 905-878-7252 Fax 905-878-6995 www.milton.ca Town of Tillsonburg 200 Broadway 2nd Floor, Suite 204 Tillsonburg, ON N4G 5A7 Attn : Donna Wilson, Clerk Dear Donna Wilson: RE: RESOLUTION: Business Tax Capping Reform Thank you for your correspondence. October 19, 2012 The Council of the Corporation of the Town of Milton has adopted a policy with respect to requests received from other municipalities, levels of government and special interest groups. The policy states that such requests shall be forwarded to each Member of Council for information and shall be placed before Council for consideration, only upon the request of a Council member. Please be advised that your correspondence will be forwarded to Council in their next information package . Should a Member of Council bring this matter forward, I will advise you of Council's decision in this regard. Yours very truly, for: Troy McHarg, Town Clerk Executive Services Department TM:vl Tillsonburg BIA 2012 Light It Up Holiday Campaign Join us in lighting up our downtown this holiday season. Let's make this the brightest Christmas ever! Tillsonburg BIA in collaboration with Brett Lavier, Tillsonburg Canadian Tire store will be offering LED lights at cost to BIA members to decorate your business. Light It Up begins with full illumination of the downtown on November 12, 2012 until December 31, 2012. Our success depends on your participation! If you require lights please fill in the order form below and mail to: Tillsonburg BIA P.O. Box 192, Tillsonburg, ON N4G4H5 Or Email your order to downtowntillsonburg@hotmail.com Deadline for orders: October 24, 2012 LED Lights Order Form Name: _______________ _ Address: _____________ _ Phone: ______________ _ Email: _______________ _ Check One Multi Coloured o White o Length-Indicate number of each -@10' _@25' _@50' To Our BIA Merchants! Tillsonburg BIA Christmas Promotions 2012 To make the most of this years buying season your Downtown BIA Promotions Committee will be advertising Christmas Promotions beginning, November 12 -December 25 & Boxing Sale Promotions December 26-31 in the local media. Why not piggyback on your BIA's marketing plan this year to make the most of your advertising dollars? Businesses in the outlying towns stay open until 9 during the month of December. We encourage you to stay open until 9 during the month of December to encourage customers to stay and shop in Tillsonburg this holiday season. It is only with a group participation effort that this will work. **Let us know that you will be staying open late and we will list you in our Advertising as a participant.** Please advise by: October 24, 2012, noon. Don't forget to: • Include In Store holiday promotions for your location. • Participate in the "Light It Up Holiday Campaign" (as enclosed) • Let us know if you would like a ballot box at your location for a our Christmas Draw-Prize, $250 in BIA Bucks to be used at particip3!ting merchants. • Contact us to find out how you can become a BIA Bucks participating mer- chant. Important Dates Wednesday October 24, 2012 noon deadline-Ballot box order Wednesday October 24, 2012 noon deadline-Lights, wreath and garland order Monday November 12, 2012-Light It Up Holiday Campaign starts Saturday November 17, 2012-Tillsonburg Kiwanis Santa Claus Parade Friday November 23 , 2012-Tillsonburg Country Christmas FestivaJl begins To: Cc: Bee: Subject: Fw: Council meeting From: Jeff Duncan [jduncan@Habitat4Home.ca] Sent: 10/25/2012 05:36PM GMT To: John Lessif Subject: Council meeting Good afternoon Mr. Mayor, I wanted to take a moment to thank you, Council and staff for the opportunity to present on Monday and for the interest everyone showed. I hope we accomplished what we intended and ignitedsome interest. I sincerely look forward to working with you to create affordable homeownership opportunities for the citizens of Tillson burg. Please pass my appreciation on to your fellow Council members and staff. All the best & THANKS! Jeff Jeff Duncan, CEO Habitat For Humanity London Inc., o/a Oxford, Middlesex, Elgin 40 Pacific Crt. Unit 2 London, Ont N5V 3K4 o 519-659-1949 ex 222 c 519-200-2339 www .habitatlondon.ca This transmission and any attachments/enclosures contain information which is confidential and/or privileged and is intended solely for the use of the person(s) to whom the message is addressed. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, please be advised that any review, disclosure, copying, distribution or use of this communication, or taking action on its contents is strictly prohibited. If you received this transmission in error, please notify the sender immediately and permanently delete or destroy this transmission, including any attachments/enclosures, without reading, copying or forwarding it to anyone else. Ontario Provincial Police Police provinciale de !'Ontario 12 October, 2012 Chief Administrative Officer Town of Tillsonburg Corporate Office 200 Broadway, 2nd Floor Tillsonburg, Ontario N4G 5A7 OXFORD COUNTY DETACHMENT Tillsonburg Admin Centre 90 Concession St. E. Tillsonburg, Ontario N4G4Z8 Tel. (519) 688-6540 Fax (519) 842-2190 File: # 614 110 Mutual Street Ingersoll, Ontario N5C 1Z7 (519) 485-6554 (519) 485-6949 Subject: Hiring of off Duty Police Officers for Buck & Doe Events As a result of a decision by the Ontario Provincial Police, West Region, the OPP will no longer allow the hiring of off duty police officers (paid duty officers) for events classified as Buck & Does. Please address and revise your SOP's, removing the OPP as a resource for this type of event. The OPP will continue to provide paid duty officers for functions other than Buck & Does upon request. Thank you in advance for your assistance in implementing this new practice and please feel free to contact me if you require more information. /keb Attach. October 12, 2012 Hon. Bob Chiarelli Minister of Transportation Minister of Infrastructure 3rd Floor, Ferguson Block 77 Wellesley Street West, Toronto, ON M7A 1Z8 Dear Sir: 1525 CORNWALL ROAD , UNIT 22 O.L\KVILLE, Of'-JTARIO L6J 082 TELEPHONE 289-291-6472 FAX 289-291-6477 www.ogra.org ~~~ _C[IVfD ocr 1 .9 2012 Re: Town of Tillsonburg Resolution-Connecting Link Funding The Board of Directors of the Ontario Good Roads Association considered a resolution from the Town of Tillson burg regarding the lack of funding under the Connecting Link program. The Province of Ontario has an interest in ensuring that the Provincial Highway system is maintained and while local municipalities benefit from provincial highways that run through their jurisdiction; the higher traffic volumes on these roads require a higher degree of maintenance, something that local municipalities simply cannot afford on their own. OGRA respectfully requests that your government review the Connecting Links Program to ensure that adequate funding is made available to maintain these vital linkages. Yours truly, Alan Korell, President c. Town of Tillsonburg City of Timmins .. ) Stan tee October 18, 2012 Town of Tillson burg Corporate Office 200 Broadway Street 2nd Floor Stantec Consulting Ltd. 1400 Rymal Road East Hamilton ON L8W 3N9 Tel: (905) 385-3234 Fax: (905) 385-3534 Tillsonburg ON N4G 5A7 Attention: Dear Mr. Lund: Reference: Steve Lund, P. Eng., Director of Operations Highway 401 Bridge Replacement and Interchange Improvements at Highway 19 (Plank Line) (GWP 3070-09-00) Notice of Transportation Environmental Study Report (TESR) Public Review Period On behalf of the Ontario Ministry of Transportation (MTO), Stantec Consulting Ltd. has completed the Preliminary Design and Class Environmental Assessment study for improvements at the Highway 401 I Highway 19 (Plank Line) interchange in Ingersoll. This study is subject to the Ontario Environmental Assessment Act and is being carried out as a Group 'B' project under the Class Environmental Assessment for Provincial Transportation Facilities (2000). The study is documented in a Transportation Environmental Study Report (TESR), which describes the Recommended Plan. This letter is to advise you that the TESR is available for a 30-day public review period from October 24, 2012 to November 22, 2012. The review period will be advertised in local newspapers. The enclosed notice provides details of the proposed improvements, the study process and the locations where the TESR is available for review. Interested persons are encouraged to review the TESR and provide comments by Thursday, November 22, 2012. If you wish to discuss the project or the contents of the report, please contact either the undersigned or one of the project managers named in the enclosed notice. Sincerely, STANTEC CONSULTING LTD. Maya Caron, MCIP, RPP Environmental Planner Tel: (416) 598-7162 Fax: (905) 385-3534 comments@highway401-3bridges.ca c. F. Hochstenbach-Project Engineer, MTO West Region K. Houston -Environmental Planner, MTO West Region G. Cooke-Stantec Consulting Ltd . NOTICE OF SUBMISSION OF TRANSPORTATION ENVIRONMENTAL STUDY REPORT '~ I Highway 401 Bridge Replacement and Interchange Improvements at Highway 19 (Plank Line) (G. W.P. 3070-09-00) On behalf of the Ontario Ministry of Transportation (MTO), Stantec Consulting Ltd. has completed the Preliminary Design and Class Environmental Assessment study for improvements at the Highway 401/Highway 19 (Plank Line) interchange in Ingersoll. The purpose of this study is to identify a preferred bridge replacement plan for the existing Highway 401 underpass and interchange improvements at Highway 19 (Plank Line) that will accommodate the interim (1 0-year) and ultimate (30-year) transportation needs. Two Public Information Centres (PIGs) were held during the study. The first PIC was held in August 2011 to display and seek input on the bridge replacement and interchange improvement alternatives, construction staging alternatives, and the evaluation criteria and process. The second PIC was held in April 2012 to display and seek input on the Preferred Plan and proposed construction-staging strategy. The Recommended Plan includes: • A new bridge crossing over Highway 401 on Highway 19 (Plank Line) on the same alignment as the existing structure • Installation of two-lane roundabouts at the interchange ramp terminals • The closure of the existing crossing and the commuter parking lot for approximately three months during construction. The interchange ramps will remain open during construction, and a detour will be provided to the adjacent crossings at Culloden Road and Foldens Line THE PROCESS This study followed the requirements of a Group 'B' project under \~e Class Environmental Assessment (Class EA) for Provincial yansportation Facilities (2000), and included opportunities for public input throughout. A Transportation Environmental Study Report (TESR) has oeen prepared and is available for a 30-day public review period. PUBLIC REVIEW OF TRANSPORTATION ENVIRONMENTAL STUDY REPORT The TESR will be available on October 24, 2012 for a 30-day review period at the locations listed below: Ministry of the Environment London Regional Office 2nd Floor, 733 Exeter Road London, Ontario Ministry of Transportation West Region, Front Lobby 659 Exeter Road London, Ontario Town of Ingersoll Town Centre 130 Oxford Street Ingersoll, Ontario Ingersoll Public Library 130 Oxford Street Ingersoll, Ontario Township of Southwest Oxford 312915 Dereham Line Mt. Elgin, Ontario Interested persons are encouraged to review the document and provide comments by November 22, 2012. If after consulting with the Ministry's consultants and staff, you have serious unresolved concerns, you have the right to request the Minister of the Environment (Honourable Jim Bradley, Ferguson Block, 11th Floor, 77 Wellesley Street West, Toronto, ON M7A 2T5) to issue a Part II Order Request (Bump-up) for this project which may lead to preparation of an individual environmental assessment. A copy of the Part II Order Request should be forwarded to MTO and Stantec at the addresses below. If there are no outstanding concerns on November 22, 2012, this project will be considered to have met the requirements of the Class EA and can proceed to the next stage of the study, the Detail Design. COMMENTS If you wish to comment on the project or have any questions about the study, please contact one of the following Project Team members: Mr. Gregg Cooke, P.Eng. Mr. Frank Hochstenbach, M.Eng., P.Eng. Consultant Project Manager MTO Project Engineer Stantec Consulting Ltd. Ministry of Transportation, West Region 1400 Rymal Road East 659 Exeter Road, 3rd Floor Hamilton, ON L8W 3N9 London, ON N6E 1L3 tel: 905-381-3227 tel: 519-873-4575 call collect: 905-385-3234 toll-free: 1-800-265-6072 ext. 4575 fax: 905-385-3534 fax: 519-873-4600 e-mail: comments@highway401-3bridges.ca e-mail: comments@highway401-3bridges.ca The Ministry is also undertaking improvements at the Highway 401/Norwich Avenue interchange in Woodstock and the Westminster Drive underpass in London. You are encouraged to visit the project website, www.highway401-3bridges.ca, to obtain up-to-date project information and to submit comments to the Project Team regarding any of the three projects. ~omments and information are being collected to assist the MTO in meeting the requirements of the Environmental Assessment Act. Information will be collected in accordance with the Freedom of Information and Protection of Privacy Act. All comments will be maintained on file for use during the study and, with the exception of personal information, may be included in study documentation and become part of the public record. If you have any accessibility requirements in order to participate in this project, please contact one of the Project Team members listed above. 1"'):-- t?ontario