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TABLE OF CONTENTS

REPORTS OF THE STANDING COMMITTEES

AND OTHER COMMITTEES

 As Considered by

The Council of the City of Toronto

on December 16 and 17, 1998

EMERGENCY AND PROTECTIVE SERVICES COMMITTEE

REPORT No. 14

1Application for Relocation of the Delta Mayfair Bingo Hall from525 Wilson Avenue (Ward 8) to 1860 Wilson Avenue (Ward 6)

2Restricting Horse-Drawn Carriages in the City of Toronto

3Other Items Considered by the Committee

  City of Toronto

REPORT No. 14

OF THE EMERGENCY AND PROTECTIVE SERVICES COMMITTEE

(from its meeting on December 1 and 2, 1998,

submitted by Councillor Dennis Fotinos, Chair)

As Considered by

The Council of the City of Toronto

on December 16 and 17, 1998

  1

Application for Relocation of the Delta Mayfair Bingo Hall from

525 Wilson Avenue (Ward 8) to 1860 Wilson Avenue (Ward 6)

(City Council on December 16 and 17, 1998, adopted Recommendation No. (2) of the Emergency and Protective Services Committee and deferred consideration of the balance of this Clause to the regular meeting of Council to be held on March 2, 3 and 4, 1999.)

The Emergency and Protective Services Committee recommends:

(1)the adoption of the following joint report (October 15, 1998) from the Commissioner of Corporate Services and the City Clerk;

(2)that a Task Force chaired by Councillor Frances Nunziata, York Humber, be established with a mandate to report back to the Emergency and Protective Services Committee within six months on a City-wide bingo hall policy; and that Councillor George Mammoliti, North York Humber, also be appointed to said Task Force.

The Emergency and Protective Services Committee reports, for the information of Council, having:

(a)requested the City Solicitor to report back to the Emergency and Protective Services Committee with the proposed terms of reference for the Task Force to Review the City-wide Bingo Hall Policy;

(b)requested the Commissioner of Works and Emergency Services to submit a report to the Emergency and Protective Services Committee on the impact that the establishment of a bingo hall at 1860 Wilson Avenue will have on traffic in the community; and

(c)referred the following motion to the Task Force to Review a City-wide Bingo Hall Policy for consideration:

Moved by Councillor Nunziata:

"That the Commissioner of Corporate Services and the City Clerk be requested to:

(i)review the overall policy dealing with the locations of bingo halls in an effort to distribute halls evenly among communities; and

(ii)review the policy dealing with the number of halls and the number of sessions per charity in order to allow access into the gaming marketplace."

The Emergency and Protective Services Committee submits the following joint report (October 15, 1998) from the Commissioner of Corporate Services and the City Clerk:

Purpose:

The purpose of this report is to outline options available to Council with respect to an application by Delta Mayfair Bingo to relocate a bingo hall from 525 Wilson Avenue to 1860 Wilson Avenue.

Funding Sources, Financial Implications and Impact Statement:

If the bingo hall relocation proposal is not approved, and Delta Mayfair Bingo Hall closes outright, the City's lottery licensing revenues would be reduced by approximately $150,000.

Recommendations:

It is recommended that City Council, in accordance with Provincial criteria and procedures for the establishment of Bingo Halls approve the relocation proposal by Delta Mayfair Bingo.

Background:

The Approval Process

All applications to relocate existing bingo halls must be processed in accordance with the Province's "Criteria and Procedures for Bingo Halls", a copy of which is attached. Under these Criteria and Procedures, the municipal council's role is to review the application and forward its decision to the province. The final decision is made by the Director of the Provincial Alcohol and Gaming Commission.

The applicant must file a copy of the proposal with the municipal council and the Director of the Alcohol and Gaming Commission, place a public notice advertising the proposal in a daily newspaper for two consecutive Mondays, and in a local newspaper, and ensure that the proposal complies with all municipal zoning requirements and by-laws. Respondents are given thirty days in which to comment on, or object to the proposal.

After the 30 day public notice requirement has lapsed, a municipal council may:

  1. Hold a public meeting to obtain further information upon which to base its decision and to allow the applicant and respondents to outline their positions in a public forum;
  2. Require additional information from the applicant to substantiate the proposal or address any of Council's concerns;
  3. Require that the applicant fund an independent market study to be undertaken at the direction of and reporting to Council to determine the impact that a new commercial bingo hall would have on existing halls and charitable licenses. The costs of the study are to be borne by the applicant.

The role of the City Clerk is to ensure that the process followed by the applicant is in compliance with provincial terms and conditions and to assess the benefit of the relocation proposal to the local community.

The Application

On August 21, 1998, the City Clerk's Division of the City of Toronto received an application from Delta Mayfair Limited and an accompanying market study prepared by Kenneth Stroud & Company Ltd. for the relocation of an existing bingo hall from 525 Wilson Avenue to 1860 Wilson Avenue.

The Delta Mayfair Bingo Hall is currently located at the southeast corner of the intersection of Wilson Avenue and Tippet Road in Ward 9. The hall has been in operation since 1988 . The building was last renovated in 1993 and the applicants advise that the building is in need of significant updating, upgrading and repair in order to bring it up to the standard of a modern bingo parlour. The applicants have been unable to negotiate a long-term lease for the facility at what they consider reasonable market rents and feel that without a long-term lease, the costs of renovating the facility cannot be justified. The lease situation, the urgent need to renovate, and other building and parking deficiencies are cited as the reasons for the proposed relocation.

The proposed site at 1860 Wilson Avenue is located approximately 6.3 kilometres west of the present site of the Delta Mayfair Bingo Hall on the north side of Wilson Avenue, just west of Clayson Road in Ward 6. The building was originally built for industrial uses, but has most recently been used as a flea market. The flea market has ceased operation. The facility has a gross floor area of approximately 24,000 square feet with separate smoking and non-smoking areas, and parking for 400 vehicles. The applicants advise that some renovations will be required to upgrade the building's appearance and the parking area lighting. A letter is also on file from the City's zoning staff confirming that the site is zoned for bingo hall use.

The applicant has complied with all Provincial requirements to date, having submitted a complete proposal and published notice of the proposed application in accordance with the provincial Criteria and Procedures. The applicant has also submitted a market study, on file in the Clerk's office, in anticipation of Council's need to determine the impact that the relocated hall would have on existing bingo halls and charitable licenses. Objections have been filed by Keele Street Bingo Country Charities Association, Steeles West Bingo Country Sponsors Association and by two other individual charities, copies of which are attached. The City has also received two written submissions prepared on behalf of Bingo Country by Cadith Entertainments Limited and Price Waterhouse, objecting to the proposal, both of which are on file in the Clerk's office.

The Councillors for Wards 6 and 8 have been consulted on this relocation proposal.

Comments:

Delta Mayfair Market Impact Study

The market impact study prepared by Kenneth Stroud & Company Ltd. focused on the impact of the relocated Delta Mayfair Bingo Hall on the other bingo halls in the area - namely Steeles West Bingo Country, Finch Bingo Country and Keele Bingo Country. The study included a patron survey of four bingo halls (Delta Mayfair, Steeles West, Finch and Keele), analysis of demographic data for the study area, interviews with key participants in the bingo industry, and an analysis of data on bingo hall attendance and income. Although the study was not done at the direction of Council, it does address the critical components that would normally be addressed be contained in an independent market study.

The major finding of the study was that the proposed relocation would not negatively impact Steeles West or Keele Bingo Country, but that it would reduce the number of patrons attending the 1:00 p.m, 7:00 p.m. and 10:00 p.m. time slots at Finch Bingo Country by an estimated 10%. The study concludes that the 1:00 p.m., 7:00 p.m. and 10:00 p.m. sessions would be negatively affected by the 10% loss of patrons, but for the most part, would remain profitable. A further analysis shows that a 15% loss in patrons would place many of the sessions at Finch Bingo Country in a loss position. The argument is made, however, that the charities at Finch Bingo Country will continue to receive proceeds, over and above bingo proceeds, from ancillary gaming events such as Super Jackpot, Nevadas and Superstar.

The study concludes that the relocation of the Delta Mayfair Bingo Hall is appropriate even though approval of the relocation will reduce the net proceeds to charities at the Finch Bingo Hall. This is based on the opinion that denying the relocation would result in the outright closure of Delta Mayfair Bingo Hall and eliminate all bingo fundraising opportunities for the 37 charities operating there.

Price Waterhouse Study

 The Price Waterhouse study is not a market study, but a financial analysis conducted on behalf of Bingo Country. The study shows the reduction in net charity profit at five Bingo Country halls that would result from a 5%, 10%, 15% and 20% reduction in attendance. The study concludes that there is a strong indication that the proposed relocation would result in reduced charity profits at one or more the of the five Bingo Country halls included in the study.

Cadith Entertainment

The submission by Bingo Country (Cadith Entertainment) analyzed the annual impact on gross bingo hall charity receipts in the five Bingo Country Halls most affected by the relocation of Delta Mayfair. Using an across the board figure of a 10% reduction in attendance, the total reduction in annual charity receipts at the five Bingo Country halls would be $1.8 million.

Analysis

The provincial "Criteria and Procedures for Bingo Halls" require that the following principles be applied in reviewing a proposal to relocate a bingo hall:

(a)that there be fair and equal access to the charitable gaming marketplace;

(b)that charitable organizations have the opportunity to maximize lottery fundraising dollars while recognizing the impact on other charitable organizations currently conducting bingos;

(c)that decisions respecting new bingo halls be made in the best interests of the local and regional communities where the proposed bingo hall is to be located; and

(d)that there be public input into the decisions concerning proposed new bingo halls or relocations of existing bingo halls.

Keeping these principles in mind, the following is an analysis of the options available to Council:

Option 1 - Approve the relocation.

Approval of the relocation of Delta Mayfair will enable the 37 charities currently operating out of Delta Mayfair to continue to raise funds through bingo events. However, based on the analysis provided in the Market Study, approval of the relocation will impact on the profitability of sessions at the Finch Bingo Hall and, ultimately, reduce the amount of bingo proceeds at the hall. Based on a sample analysis of the 1:00 p.m., 7:00 p.m. and 10:00 p.m. time slots at Finch, an estimated 40% of the time slots would operate at a loss or on a break even basis as a result of the Mayfair relocation. It should be noted, however, that in the current situation, some of the sessions at Finch are already operating at a loss. Thus, the Mayfair relocation will put additional pressure on Finch to eliminate less profitable sessions, and to consider upgrading the hall facility to attract additional patrons.

 Option 2 - Not Approve the relocation.

Delta Mayfair has stated that it will likely close if the relocation is not approved, leaving 37 Delta Mayfair charities without the ability to fundraise through bingos. If Delta Mayfair closes down outright, the 37 displaced charities would be placed on the unified City of Toronto waiting list for time slots in bingo halls across the City. This waiting list currently stands at 135 charities.

Conclusions:

Based on the above analysis, and recognizing that any decision made regarding this relocation will impact on charities conducting bingos, the priority must be to maximize access to fundraising opportunities to as many charities as possible. It is therefore recommended that Council adopt

Option 1 - Approval of the Delta Mayfair Relocation proposal.

Contact Name:

Barbara McEwan

Director, Legislative Services

392-4373

______

The Emergency and Protective Services Committee reports, for the information of Council, having also had before it the following communications:

(a)(October 28, 1998) from George Mammoliti, North York Humber, advising that it is with great reluctance that he will endorse this item to be accepted by the Committee; expressing his opposition to the process followed to place this item on the agenda as he was not consulted thereon; and that he is opposed to the relocation of the Delta Mayfair Bingo Hall, due to the fact that it will be in the vicinity of a provincial welfare office and another Bingo Hall within his ward;

(b)(October 28, 1998) from Councillor Betty Disero, Davenport, advising of her support for the relocation of the Delta Mayfair Bingo Hall from 525 Wilson Avenue to 1860 Wilson Avenue;

(c)(October 30, 1998) from Mr. Ira T. Kagan, Solicitor, Kagan, Zucker, Feldbloom, Shastri, requesting, on behalf of the applicant, that the Committee support the recommendations in the staff report and advising that he will be at the meeting to address this issue;

(d)(November 2, 1998) from Mr. Cesar A. Palacio, Chair, Police Community Partnership, advising of his organization's support of the proposed relocation of the Delta Mayfair Bingo from 525 Wilson Avenue to 1860 Wilson Avenue;

(e)(November 23, 1998) from Mr. Orest Steciw, Executive Member, Desna Foundation, advising of his organization's strong opposition to the proposed relocation of the Delta Mayfair Bingo Hall from 525 Wilson Avenue to 1860 Wilson Avenue;

(f)(November 25, 1998) from Mr. Jack Scollnik, St. Basil The Great Ukrainian Catholic Parish, advising of his organization's support of the proposed relocation of the Delta Mayfair Bingo Hall from 525 Wilson Avenue to 1860 Wilson Avenue;

(g)(November 25, 1998) from Mr. Harry Nesmasznyj, Executive Director, Ukrainian Youth Association of Canada, in opposition to the proposed relocation of the Delta Mayfair Bingo Hall;

(h)(November 23, 1998) from M. Shepetyk, President, Ucrainica Research Institute, in opposition to the proposed relocation of the Delta Mayfair Bingo Hall;

(i)(November 25, 1998) from Ms. Bonnie Charbonneau, Executive Director, and Mr. Jimmy Dibartolomeo, SBHAO Member, Spina Bifida and Hydrocephalus Association of Ontario, in support of the proposed relocation of the Delta Mayfair Bingo Hall;

(j)(November 26, 1998) from Ms. Verna Tardiff, Bingo Coordinator, Canadian Mental Health & Oakville Waldorf Support Group, in support of the proposed relocation of the Delta Mayfair Bingo Hall;

(k)(November 26, 1998) from Ms. Sylvia Kunanec, Ukrainian Catholic Women's League of Canada, in support of the proposed relocation of the Delta Mayfair Bingo Hall;

(l)(November 24, 1998) from Mr. Dennis LaPrise, President, Toronto and Central Ontario Regional Hemophilia Society, in support of the proposed relocation of the Delta Mayfair Bingo Hall;

(m)(November 25, 1998) from Mr. John J. Maroney, Duffield Sports' Club of North York, in opposition to the proposed relocation of the Delta Mayfair Bingo Hall;

(n)(November 23, 1998) from W. Okipriuk, President, "Dim Prosvity" Association, in opposition to the proposed relocation of the Delta Mayfair Bingo Hall;

(o)(November 26, 1998) from Ms. Mary Wilton, Executive Director, Ontario Water Polo Association, in opposition to the proposed relocation of the Delta Mayfair Bingo Hall;

(p)(November 26, 1998) from Ms. Faye Blackwood, Technical Director, Sport for Disabled Ontario, in opposition to the proposed relocation of the Delta Mayfair Bingo Hall;

(q)(November 26, 1998) from Mr. David Archer, The Hannaford Street Silver Band, in opposition to the proposed relocation of the Delta Mayfair Bingo Hall;

(r)(November 27, 1998) from Ms. Lena Jackson, Executive Director, Canadian Mental Health Association, in opposition to the proposed relocation of the Delta Mayfair Bingo Hall;

(s)(November 30, 1998) from Councillor Joan King, Seneca Heights, in support of the proposed relocation of the Delta Mayfair Bingo Hall;

(t)(November 27, 1998) from Ms. Donna Webb, Associate/Fundraising, The Ontario Soccer Association, in opposition to the proposed relocation of the Delta Mayfair Bingo Hall;

(u)(November 26, 1998) from Ms. Shadell Permanand, Acting Director, Conflict Mediation Services of Downsview, in opposition to the proposed relocation of the Delta Mayfair Bingo Hall;

(v)(November 27, 1998) from Mr. Cecil Smith, Executive Director, Ontario Track and Field Association, in opposition to the proposed relocation of the Delta Mayfair Bingo Hall;

(w)(November 27, 1998) from Mr. Shelly R. Rodney, Emery Collegiate Institute, in opposition to the proposed relocation of the Delta Mayfair Bingo Hall;

(x)(November 27, 1998) from Mr. Jack Herson, Beth Sholom Synagogue, in opposition to the proposed relocation of the Delta Mayfair Bingo Hall;

(y)(undated) from Mr. Gary Gladstone, Chair, Mayfair Bingo Downsview Pooling Associations, in support of the proposed relocation of the Delta Mayfair Bingo Hall;

(z)(November 30, 1998) from Mr. Walter Hall, President, Albion Bingo Country Charities Sponsors Association, in opposition to the proposed relocation of the Delta Mayfair Bingo Hall;

(aa)(November 28, 1998) from Mr. John Long, President, Etobicoke Volleyball - Toronto West, in opposition to the proposed relocation of the Delta Mayfair Bingo Hall;

(bb)(November 26, 1998) from The John Brooks Community Foundation and Scholarship Fund in opposition to the proposed relocation of the Delta Mayfair Bingo Hall;

(cc)(November 30, 1998) from Mr. George Ullman, President, Counterpoint Musical Services and Board Member of the Hannaford Street Silver Band, in opposition to the proposed relocation of the Delta Mayfair Bingo Hall;

(dd)(November 27, 1998) from Rev. Peter Babej, Vice-President of The C.U.C.E. and Ms. Jaroslawa Kisyk, Secretary of The C.U.C.E., The Committee for Ukrainian Christian Education, in opposition to the proposed relocation of the Delta Mayfair Bingo Hall;

(ee)(November 30, 1998) from Ms. Francine Raymond, President, Ontario Water Polo Athlete Development, in opposition to the proposed relocation of the Delta Mayfair Bingo Hall;

(ff)(November 29, 1998) from Ms. Theresa Labrecque, Chairperson, St. Benedict Church, in opposition to the proposed relocation of the Delta Mayfair Bingo Hall;

(gg)(November 27, 1998) from Mr. Murray Goodfellow, Trustee, Knights of Columbus, 3945 Charitable Trust, in support of the proposed relocation of the Delta Mayfair Bingo Hall;

(hh)(November 30, 1998) from Ms. Sandra Whiting, President, Black Business and Professional Association, in opposition to the proposed relocation of the Delta Mayfair Bingo Hall; and

(ii)(November 30, 1998) from St. Alban's Boys' and Girls' Club, in opposition to the proposed relocation of the Delta Mayfair Bingo Hall.

_______

The following persons appeared before the Emergency and Protective Services Committee in connection with the foregoing matter:

-Mr. Ira Kagan, Kagan, Zucker, Feldbloom, Shastri, Barristers and Solicitors, Toronto, and filed a written submission

-Mr. Cam Johnstone, Delta Mayfair Bingo; Mississauga

-Mr. Adam Brown, Brown, Dryer, Karol, Barristers and Solicitors, Toronto;

-Mr. David Welch, Toronto;

-Ms. Jane Bishop, Executive Director, Toronto and Central Ontario Hemophelia Society, Toronto;

-Mr. Murray Goodfellow, Humber Valley Council 3945 Knights of Columbus, Toronto;

-Ms. Linda Stapleton, Manager Athletics and Recreation, Seneca College of Applied Arts and Technology, Toronto;

-Mr. Mike Stacey, Managing Director, York Lions Steel Band, Toronto, on behalf of the York Bingo Association;

-Ms. Jean Bickford, on behalf of the York Bingo Association, Etobicoke;

-Mr. Walter Huculak, Toronto;

-Ms. Mary Wilton, Executive Director, Ontario Water Polo Association, Toronto;

-Mr. Barry Lowe, Toronto Humber Rotary Club, Finch Bingo Hall, Toronto;

-Mr. John Craig, Ontario Track and Field Association, Thornhill;

-Mr. Florian Markon, Our Lady of Miraculous Medal Church, Mississauga;

-Dr. John Brooks, Chair, Fundraising Committee Director, The John Brooks Community Foundation and Scholarship Fund, Toronto;

-Mr. Domenic Muia, Chairman of the Steeles West Charities Association, Toronto;

-Ms. Jaroslawa Kisyk, Toronto;

-Mr. Gary Gladstone, Chair, Mayfair Bingo Downsview Pooling Associations, Toronto, and filed a written submission; and

-Mr. Allan O'Neill, Kenneth Stroud and Company Ltd.

The following Members of Council also appeared before the Emergency and Protective Services Committee in connection with the foregoing matter:

-Councillor George Mammoliti, North York Humber; and

-Councillor Joan King, Seneca Heights.

(City Council on December 16 and 17, 1998, had before it, during consideration of the foregoing Clause, the following communications with respect to an application for relocation of the Delta Mayfair Bingo Hall from 525 Wilson Avenue (Ward 8) to 1860 Wilson Avenue (Ward 6):

(i)(December 5, 1998) from Mr. Jeff Phillips, Sexton, Congregation Shaarei Tzedek;

(ii)(December 11, 1998) from Ms. Mary Wilton, Executive Director, Ontario Water Polo Association;

(iii)(December 14, 1998) from Mr. Chris Foster, Executive Director, St. Alban's Boys' and Girls' Club; and

(iv)petition submitted by various charities operating bingo at Delta/Mayfair Bingo.)

 2

Restricting Horse-Drawn Carriages in the City of Toronto

(City Council on December 16 and 17, 1998, amended this Clause by adding thereto the following:

"It is further recommended that:

(1)Section 35 of By-law No. 20-85 be amended to restrict horse drawn vehicles used for commercial purposes from streets in the downtown core of Toronto and from major arterial roads in Toronto; and

(2)legislation be sought from the Province of Ontario to enable the City of Toronto to prohibit horse drawn vehicles used for commercial purposes from all streets in the City of Toronto.")

The Emergency and Protective Services Committee recommends that:

(1)all horse-drawn vehicles used for commercial purposes be prohibited on streets in the City of Toronto; and

(2)the necessary Bill be introduced in Council to give effect thereto.

The Emergency and Protective Services Committee submits the following report (November 18, 1998) from the Commissioner of Works and Emergency Services:

Purpose:

To respond to a recommendation by City Council that the Commissioner of Works and Emergency Services be requested to report to the Emergency and Protective Services Committee on the means, including the process, to prohibit all horse-drawn vehicles in the downtown core of the City.

Funding Sources:

There are no funding requirements associated with this report.

Recommendations:

It is recommended that this report be received for information.

Background:

At its meeting held on May 22, 1998, the Emergency and Protective Services Committee recommended the adoption, as amended, of a report dated May 20, 1998 from the General Manager, Toronto Licensing, which contained a proposal that Licensing By-law No. 20-85 be amended to permit the operation of horse-drawn trolleys with a passenger capacity of 25 persons on City roads.

City Council on July 29, 30 and 31, 1998 struck out the recommendations of the Emergency and Protective Services Committee and recommended that the report be received and no action taken. As well, Council recommended that the Commissioner of Works and Emergency Services be requested to report to the Emergency and Protective Services Committee on the means, including the process, to prohibit all horse-drawn vehicles in the downtown core of the City.

Discussion:

The issue of the licensing and regulation of horse-drawn vehicles used for sightseeing tours on Toronto streets was discussed several times between 1975 and 1980 at the Metropolitan Toronto Legislation and Licensing Committee and at Metropolitan Council. During that time, The Municipality of Metropolitan Toronto Act was amended to exempt horse-drawn sightseeing carriages from the Toronto Transit Commission's monopoly for local passenger transportation service within the Metropolitan area, and the former Metropolitan Licensing By-law was amended to include regulations governing the horse-drawn carriage trade/business.

The current Licensing By-law (Metropolitan By-law No. 20-85, respecting the licensing, regulating and governing of trades, businesses and occupations in the Metropolitan area) includes a Schedule 35 which relates to owners and drivers of horse-drawn vehicles used or kept for hire for the purpose of providing sightseeing tours. This schedule to the By-law contains regulations governing the operation of the horse-drawn carriage trade and the treatment of the horses used in the trade.

Staff of the City Legal Department have given consideration to whether the City of Toronto may prohibit horse-drawn vehicles used for sightseeing tours from all public highways in the City of Toronto or, in the alternative, only in the downtown core area. It is their opinion that prohibiting horse-drawn vehicles from all City roads would in essence be prohibiting a trade or business from being carried on and would be outside Council's jurisdiction. However, the City can exercise its authority to license, regulate and govern trades, callings, businesses and occupations in the Metropolitan area by amending Schedule 35 of the Licensing By-law to restrict horse-drawn sightseeing carriages from operating in the downtown core area of the City.

If the intent is to significantly limit the options for the operation of horse-drawn vehicles on City roads, then strong arguments could be made, on the grounds of public safety and impacts to traffic flow, that horse-drawn vehicles should be prohibited on all major arterial roads within Toronto. In order to accomplish this, all of these major roads would have to be listed in the amended Schedule 35.

We suggest that to be consistent with other traffic-related by-laws the "downtown core area" be considered as the area bounded by the west side of Spadina Avenue, the Canadian Pacific Railway line (north of Dupont Street), the east side of Jarvis Street and the south side of Front Street. The list of major arterial roads could be generated from the list of roads which used to fall under the jurisdiction of Metropolitan Toronto.

There are provisions in Schedule 35 to the Licensing By-law which provide the times within and months in which no owner shall operate a horse-drawn vehicle for hire used for sightseeing purposes. Further, there are sections in Schedule 35 to said By-law which regulate the location of operation of these horse-drawn sightseeing vehicles and a section which regulates the number of occupants of said horse-drawn sightseeing vehicles. These sections of the by-law would require amendment in order to restrict horse-drawn carriages from operating in the downtown core and on major arterial roadways in the City. Staff of Toronto Licensing have been consulted and have no objection to this report.

Conclusions:

City Council has the authority to limit the areas where horse-drawn vehicles for hire used for the purposes of sightseeing can be operated. The restriction could identify the downtown core of the City. Such a restriction could be effected through amendments to Schedule 35 to the existing By-law No. 20-85. If Council wish to proceed with such amendments, staff suggest that horse-drawn vehicles also be prohibited from major arterial roads in order to protect public safety and the integrity of the arterial road network.

Contact Name and Telephone Number:

Sandra Burk, Traffic Assistant

Tel. No. (416) 392-8750

_______

The Emergency and Protective Services Committee reports, for the information of Council, having also had before it the following communications:

(i)(November 24, 1998) from Mr. Timothy Trow, President, Friends of Horses Inc., advising of his organization's concerns for the humane treatment of horses and public safety and requesting that the Committee recommend to Council a by-law amendment to prohibit horse-drawn vehicles from arterial roads and from the downtown core;

(ii)(November 30, 1998) from the Toronto Humane Society advising that it supports an amendment to By-law No. 20-85 restricting horse-drawn carriages in the downtown core as well as the major arterial roads; and recommending that By-law No. 20-85 not be amended to permit 25 passenger horse-drawn carriages.

(iii)(November 30, 1998) from Councillor Gloria Lindsay Luby, Kingsway Humber, advising of her support of the position of Friends of Horses Inc.

_______

The following persons appeared before the Emergency and Protective Services Committee in connection with the foregoing matter:

-Mr. Timothy Trow, President, Friends of Horses Inc., Toronto; and

-Ms. Daniella Quaglia, Public Affairs Advisor, Toronto Humane Society, Toronto.

3

Other Items Considered by the Committee

(City Council on December 16 and 17, 1998, received this Clause, for information.)

(a)Request for Amendments to By-law No. 20-85 of the Former Metropolitan Council respecting Pawnbrokers and Second-Hand Goods Shops.

The Emergency and Protective Services Committee reports having referred the following matter back to the City Solicitor for a further report thereon to the Emergency and Protective Services Committee on:

(1)a review of the Surrey and Vancouver by-laws;

(2)what measures need to be taken to implement either by-law;

(3)additional technologies which may be applied to the problem; and

(4)the question of a 30-day holding period for goods purchased by pawnbrokers and second-hand stores.

(October 21, 1998) from the City Solicitor, recommending that:

1.(a)if City Council wishes to enact a by-law requiring owners of second-hand goods shops to obtain photographic identification from customers, and/or;

(b)if City Council wishes to request that the provincial legislature amend the Pawnbrokers Act to require pawnbrokers shops to obtain photographic identification from customers:

City Council defer consideration of this issue until such time as staff of the Toronto Licensing Commission and the Toronto Police Service report further on the forms of identification which would meet the needs of law enforcement personnel, having regard to those customers who, for whatever reason, may not be in possession of those forms of identification;

2.staff of the Toronto Licensing Commission and the Toronto Police Service report further on the technology or other means available for the recording and transmission of transaction registers, along with an assessment of the feasibility and costs of implementing the use of such technology in the City of Toronto; and

3.By-law No. 20-85 of the former Metropolitan Council not be amended to provide police officers search and seizure powers in respect of stolen property found at second-hand goods shops and pawnbrokers shops.

_______

Detective Sergeant Tom Imrie, Toronto Police Service, Special Investigation Services, appeared before the Emergency and Protective Services Committee in connection with the foregoing matter.

(b)Purchase of Community Volunteer Vehicle known as "Box 12".

The Emergency and Protective Services Committee reports having recommended to the Budget Committee, and Council, that the following report not be adopted:

(October 30, 1998) from the Fire Chief, responding to the direction of the Budget Committee at its meeting held on October 13, 1998, which referred this item to the Fire Chief for further consideration and a report to the Emergency and Protective Services Committee; advising that the cost of this community service vehicle is $65,000 and that funds could be made available in the Fire Services (North York District) Trucks General Account; and recommending that Council authorize the purchase of this vehicle.

_______

Councillor David Shiner, Seneca Heights, appeared before the Emergency and Protective Services Committee in connection with the foregoing matter.

(c)1999 - 2003 Capital Budget Review - Toronto Fire Department.

The Emergency and Protective Services Committee reports having recommended to the Budget Committee, and Council:

(1)that the recommendations contained in the report (November 5, 1998) from the Chief Administrative Officer with regard to the 1999 Capital Budget for the Toronto Fire Services be adopted;

(2)that the recommendations contained in reports to the Budget Committee, listed below as (a), (b) and (c), be supported and that the projects listed therein be included in the 1999 Capital Program as transition projects, i.e.:

"(a)Self Contained Breathing Apparatus;

(b)Fire Services Headquarters and Training Academy; and

(c)Centralized Computer-Aided Call-Taking Dispatch System;" and

(3)the adoption of the recommendations embodied in the supplementary report (November 25, 1998) from the Commissioner of Works and Emergency Services, viz.

"(1)the Emergency and Protective Services Committee request the Budget Committee to authorize pre-commitment approval from City Council for the 1999 cash flow of the $34.5 million Capital Budget proposal for an integrated Fire/Police radio communication system, thereby saving $6.6 million through not implementing two separate radio systems;

(2)the Chief Financial Officer assist the Commissioner of Works and Emergency Services in ensuring an appropriate process to protect the City's financial and purchasing interests in acquiring additional communication equipment from Motorola; and,

(3)subject to City Council approval of recommendations (1) and (2), authority be granted to contract with Motorola Canada for the proposed radio system, and that the contract be executed in 1998."

The Emergency and Protective Services Committee reports, for the information of Council, having requested:

(a)the Commissioner of Works and Emergency Services, the Chief Financial Officer and Treasurer and the City Solicitor to report to the Emergency and Protective Services Committee on protective measures that can be employed through contractual arrangements with Motorola Canada Inc. and suppliers to ensure competitive pricing for spare parts, maintenance and future system upgrades and enhancements for the integrated Fire/Police voice radio communication system;

(b)the City Solicitor to report to the Emergency and Protective Services Committee on existing legislation that protects consumers from technological monopolistic behaviour;

(c)the Chief Administrative Officer, in consultation with the City Solicitor and the Commissioner of Works and Emergency Services, to assess the dependency of the City's emergency services departments on single source suppliers in areas like telecommunications and to report back to the Emergency and Protective Services Committee on what contractual or legislative measures might be implemented to ensure that the City continues to receive the best price possible for needed materials in the future and to permit for flexibility should it be advisable to change suppliers;

(d)the Fire Chief to report to the Emergency and Protective Services Committee and the Budget Committee:

(i)on the impact that this 1999 Capital Budget will have on the 1999 Operating Budget for Toronto Fire Services; and

(ii)what the capital costs would have been had amalgamation not occurred, and that this information be broken down by former municipality; and

(e)the Fire Chief, the General Manager, Toronto Ambulance Services, and the Chief of Police to submit a joint report to the Emergency and Protective Services Committee by the end of 1999 outlining the savings achieved through joint initiatives among the three emergency services.

The Emergency and Protective Services Committee had before it the 1999 Capital/Transition Budget for the Toronto Fire Services, together with the following reports:

(i)(November 12, 1998) from the Fire Chief addressed to the Budget Committee regarding the self-contained breathing apparatus (SCBA) for Fire Services;

(ii)(November 13, 1998) from the Fire Chief addressed to the Budget Committee regarding the Fire Services headquarters and training academy;

(iii)(November 12, 1998) from the Fire Chief addressed to the Budget Committee regarding the centralized computer-aided call-taking/dispatch system for Fire Services;

(iv)(November 11, 1998) from the Fire Chief addressed to the Budget Committee regarding the integrated voice radio communication system; and

(v)(November 25, 1998) supplementary report from the Commissioner of Works and Emergency Services regarding the integrated voice radio communication system, together with a copy of a working agreement between the Toronto Police Service, the Toronto Fire Service and the Toronto Ambulance Service regarding this system.

(d)1999 - 2003 Capital Budget Review - Toronto Police Service.

The Emergency and Protective Services Committee reports having recommended to the Budget Committee, and Council, that:

(1)the Toronto Police Service be authorized to expend $2.6 million in 1998 for the radio system re-engineering project;

(2)the $600,000 capital budget expenditure for 11 and 14 Divisions be deferred until the year 2000; and

(3)the Chief Administrative Officer's recommendation with regard to the timing of 51 Division be adopted.

The Emergency and Protective Services Committee reports, for the information of Council, having:

(a)endorsed the position of the Budget Committee that the Provincial Government be requested to provide funds for the firearms training facility as this new facility is mandated by Provincial legislation; and

(b)requested the Toronto Police Service to submit the following additional information to the Budget Committee:

(i)a further report on the firearms training facility and the reporting centre;

(ii)the long term costs of deferring any of the capital budget items;

(iii)a review of its requirements for the retention of video tapes to minimize future storage requirements;

(iv)a report outlining the minimum safety requirements for the front counter renovation;

(v)a reduced request for boat replacement with consideration given to phasing the replacements over the next three years;

(vi)the building wiring upgrades required to serve the data communications system; and

(vii)a breakdown of the Security Control Capital Budget request of $600,000 to determine what can be deferred to future years.

The Emergency and Protective Services Committee had before it the 1999 Capital Budget for the Toronto Police Service.

_______

The following persons appeared before the Emergency and Protective Services Committee on behalf of the Toronto Police Service in connection with the foregoing matter:

-Mr. Hugh Moore, Chief Administrative Officer;

-Mr. Michael Ellis, Facilities Management; and

-Mr. Frank Chen, Director of Finance and Administration.

(e)1999 - 2003 Capital Budget Review - Toronto Ambulance Services.

The Emergency and Protective Services Committee reports having recommended to the Budget Committee, and Council, that the 1999 Capital Budget for the Toronto Ambulance Services be adopted.

The Emergency and Protective Services Committee also reports, for the information of Council, having requested the Commissioner of Works and Emergency Services to report to the Emergency and Protective Services Committee prior to November 1999 outlining the status of diesel versus gas vehicles and the justification for future expenditures on vehicle emission venting systems.

The Emergency and Protective Services Committee had before it the 1999 Capital Budget for the Toronto Ambulance Services.

(f)Collision Reporting Centres (CRC's) and their Profit Margins.

The Emergency and Protective Services Committee reports having deferred consideration of the following report to the next meeting of the Committee to be held on January 12, 1999, and having requested the City Auditor to provide the Committee with the names of the members of the Evaluation Committee referred to therein.

(November 17, 1998) from the City Auditor, responding to a recommendation by the Budget Committee that the City Auditor report on the collision reporting centres' operations and their profit margins.

_______

Staff Sergeant Tom Huntley, Toronto Police Service, Collision Reporting Centres, appeared before the Emergency and Protective Services Committee in connection with the foregoing matter.

(g)Earthquake Probabilities and Preparedness.

The Emergency and Protective Services Committee reports having received the following report for information:

(October 27, 1998) from the Fire Chief, responding to questions raised in a letter presented by Councillor Frances Nunziata at the Emergency and Protective Services Committee meeting held on October 6, 1998; advising that the City is not a great risk from an earthquake but that it should continue to consider this natural phenomenon when dealing with emergency planning, and in some respects, building design.

(h)Update on Proposed Police Divisional Boundaries.

The Emergency and Protective Services Committee reports having requested the Toronto Police Services Board to give consideration to the equalization of population and workload in Divisions and to make its decisions thereon as expeditiously as possible, particularly in regard to the disproportional size of 41 and 42 Divisions.

(November 9, 1998) from Councillor Norman Gardner, Chairman, Toronto Police Services Board, advising that the Toronto Police Services Board on October 26, 1998, received a report (October 1, 1998) from the Chief of Police on this issue; that the Board requested the Chief of Police to provide the Board with a further report which includes the following:

    • detailed rationale for each of the proposed boundary changes
    • a project plan that includes specific implementation time lines and budgetary impact (including whether $530,000 for technological changes has been budgeted)
    • response to the recommendations contained in Councillor Rae's written submission
    • detailed outline of an external public consultation process
    • map identifying both the current and proposed boundaries;

and further advising that upon receipt of the Chief's rationale and project plan, the Board will request a presentation on the proposed boundaries and identify two Board members to assist in communicating this process to members of City Council and to interested parties.

(i)Amendment to By-law No. 20-85 relating to the Conduct of Agent and/or Employees of Applicants.

The Emergency and Protective Services Committee reports having referred the following communication to the City Solicitor and the Commissioner of Urban Planning and Development Services for a report thereon to the Committee:

(November 18, 1998) from Councillor Betty Disero, Davenport, forwarding a motion seconded by Councillor Tom Jakobek, East Toronto, recommending that the City Solicitor, in consultation with appropriate staff, report back on amendments to By-law No. 20-85 to add a reference to:

(1)the conduct of the agents or employees of applicants; and

(2)community interests, impacts and protections.

(j)Legal Action against Issuance of Fake Parking Tickets.

The Emergency and Protective Services Committee reports having referred the following matter back to the City Solicitor, in consultation with the Toronto Police Service, for a further report outlining an enforcement strategy to deal with this issue:

(November 23, 1998) from the City Solicitor, recommending that:

(1)no civil action be initiated by City Council regarding phony parking tickets for the reasons set out in this report; and

(2)Council reiterate the request made by the former Metropolitan Council to the Provincial Government to amend the Provincial Offences Act and the regulations thereunder, as well as any other relevant provincial legislation, to prohibit the use of phony parking tags.

(k)Toronto Police Service - Air Service Business Case.

The Emergency and Protective Services Committee reports having received the following communication for information:

(November 20, 1998) from the City Clerk, advising that the Strategic Policies and Priorities Committee on November 17, 1998, referred the following recommendations of the Budget Committee contained in the communication (September 25, 1998) respecting Toronto Police Services - Air Business Case to the Emergency and Protective Services Committee for further consideration together with a communication (June 29, 1998) from the Chairman, Toronto Police Services Board which was filed with the Committee by Councillor Chow:

(1)the RCMP, OPP and the GTSB be formally approached to determine if there are opportunities for joint ventures;

(2)the Federal Government be requested to increase the Criminal Code penalties or create new offences when a person in a vehicle does not stop for the police; and

(3)the Provincial Government be requested to increase the Highway Traffic Act penalties or create new offences when a person in a vehicle does not stop for the police.

(l)Body Shops/Automobile Service Centres - Regulation of Hours of Operation/Ventilation.

The Emergency and Protective Services Committee reports having deferred the following matter for a public hearing at the next meeting of the Committee to be held on January 12, 1999:

(i)(November 25, 1998) from the City Solicitor, recommending that:

(1)if the Committee wishes to recommend that the hours of operation of public garages used as car washes, motor vehicle repair shops and automobile service stations located within a residential zone or within 100 metres of a residential zone be restricted to prohibit their operation except between the hours of 7:00 a.m. and 9:00 p.m. (Monday to Friday) and 9:00 a.m. to 6:00 p.m. (Saturday and Sunday), the City Solicitor be authorized to prepare and introduce in Council an amendment in substantially the form attached to this report to amend Schedule 24 of Licensing By-law No. 20-85;

(2)the Commissioner of Urban Planning and Development be requested to prepare a report to the Emergency and Protective Services Committee concerning the impact of these amendments on Chapter 199 of the City of Toronto Municipal Code and East York By-law No. 112-92, which impose early closing hours on gasoline outlets also potentially affected by the amendments proposed in this report, to be considered at the next meeting of the Committee;

(3)prior to the introduction of any bills in Council, this matter be scheduled for public deputations before the Emergency and Protective Services Committee at its next meeting with appropriate notice of the meeting to be advertised and given to affected licensees; and

(4)the General Manager of the Toronto Licensing Commission be directed to provide a 60 day "grace period" prior to enforcing any by-law which may be passed by Council against affected licensees; and

(ii)(November 30, 1998) from Mr. Bill Davis, on behalf of 117 new car franchise dealers in the City of Toronto, in opposition to the proposed by-law amendment.

(m)Implementation of the Recommendations of the Task Force to Review the Taxi Industry.

The Emergency and Protective Services Committee reports having appointed Councillors Denzil Minnan-Wong and Howard Moscoe to work with staff to implement the recommendations of the Task Force to Review the Taxi Industry.

     Respectfully submitted,

DENNIS FOTINOS,

Chair

Toronto, December 1 and 2, 1998

 (Report No. 14 of The Emergency and Protective Services Committee, including additions thereto, was adopted, as amended, by City Council on December 16 and 17, 1998.)

 

   
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