The Greek Community of Metropolitan Toronto Inc.

Annual Festivals - 1385 Warden Avenue

Ward 14 - Scarborough Wexford

The Scarborough Community Council recommends the adoption of the following report, subject to the following amendments:

(1)delete all references to the year 2001;

(2)amend Recommendation No. 1(a)(iii) by striking out the words "85 decibels" and inserting in lieu thereof, the words "80 decibels" and adding thereto the words "and the limit during the day be 85 decibels";

so that the recommendations shall now read as follows:

"That City Council:

(1)grant an exemption from By-law 24389, The Noise By-law, to The Greek Community of Metropolitan Toronto Inc. for their annual Festivals for the periods June 30 to July 4, 1999, inclusive, and August 20 to August 22, 1999, inclusive, and for the subsequent year 2000, subject to the following conditions:

(a)that The Greek Community of Metropolitan Toronto Inc. and St. John's Greek Orthodox Church implement those actions recommended by S.E. Coulter Associates Limited in their correspondence dated April 14, 1997, to mitigate the effects of the noise to the adjoining neighbourhoods, and in particular:

(i)limit the number of loudspeakers to 4;

(ii)cease the noise at 11:00 p.m. on June 30, July 1, July 4, 1999, and August 22, 1999, and on Sundays and weeknights during the Festivals in the year 2000;

(iii) on the remaining dates, reduce the sound level to 80decibels at 11:00 p.m., and the limit during the day be 85 decibels;

(iv)progressively lower the volume of the noise after 11:00p.m.; and

(v)cease the noise at 12:00 midnight;

(b)ensure the availability of rapid communications directly with someone with the authority to deal with unexpected contingencies, equipped with cellular phones, with numbers being given to the neighbours;

(c)direct Festival parking to the Price Club parking lot; and

(2)declare the 1999 Festivals of The Greek Community of Metropolitan Toronto Incorporated for the periods of June 30 to July 4, 1999, inclusive, and August 20 to August 22, 1999, inclusive, and for the subsequent year 2000 to be of "Municipal Significance" and request the City Clerk to issue the appropriate letter to the Alcohol and Gaming Commission of Ontario."

The Scarborough Community Council reports, for the information of City Council, having:

(1)directed that a committee of the residents and The Greek Community of Metropolitan Toronto Inc. be formed and be requested to examine:

-a process for notification of residents for community meetings;

-a mechanism for measuring noise;

-a process for communicating with a representative of The Greek Community of Metropolitan Toronto in the event the noise is too loud;

(2)referred a motion by Councillor Tzekas "that staff be requested to attend the July and August Festivals, at random, equipped with a sound measuring device" to the District Manager, Municipal Licensing and Standards, with the request that he report to the Scarborough Community Council on June 22, 1999, respecting:

-the time that staff will attend the Festivals;

-the cost of such attendance;

-the equipment required; and

-a communication plan for staff to respond, on the Festival days, to any complaints from residents regarding noise levels.

The Scarborough Community Council submits the following report (May17, 1999) from the Manager of Municipal Licensing and Standards, East District:

Purpose:

The purpose of this report is to grant an exemption from By-law 24389, The Noise By-law, to The Greek Community of Metropolitan Toronto Inc. for their annual Festivals for the periods June 30 to July 4, 1999, inclusive, and August 20 to August 22, 1999, inclusive, and for the subsequent years 2000 and 2001, subject to conditions.

Financial Implications and Impact Statement:

Nil.

Recommendations:

That City Council:

(1)grant an exemption from By-law 24389, The Noise By-law, to The Greek Community of Metropolitan Toronto Inc. for their annual Festivals for the periods June 30 to July 4, 1999, inclusive, and August 20 to August 22, 1999, inclusive, and for the subsequent years 2000 and 2001, subject to the following conditions:

(a)that The Greek Community of Metropolitan Toronto Inc. and St. John's Greek Orthodox Church implement those actions recommended by S.E. Coulter Associates Limited in their correspondence dated April 14, 1997, to mitigate the effects of the noise to the adjoining neighbourhoods, and in particular:

(i)limit the number of loudspeakers to 4;

(ii)cease the noise at 11:00 p.m. on June 30, July 1, July 4, 1999, and August 22, 1999, and on Sundays and weeknights during the Festivals in the years 2000 and 2001;

(iii) on the remaining dates, reduce the sound level to 85 decibels at 11:00 p.m.;

(iv)progressively lower the volume of the noise after 11:00 p.m.; and

(v)cease the noise at 12:00 midnight;

(b)ensure the availability of rapid communications directly with someone with the authority to deal with unexpected contingencies, equipped with cellular phones, with numbers being given to the neighbours;

(c)direct Festival parking to the Price Club parking lot; and

(2)declare the 1999 Festivals of The Greek Community of Metropolitan Toronto Incorporated for the periods of June 30 to July 4, 1999, inclusive, and August 20 to August 22, 1999, inclusive, and for the subsequent years of 2000 and 2001 to be of "Municipal Significance" and request the City Clerk to issue the appropriate letter to the Alcohol and Gaming Commission of Ontario.

Background/History:

By-law No. 24389, the Noise By-law, provides a procedure for the granting of an exemption from the By-law for a specified time period, not in excess of six months, and the exception may contain such terms and conditions as the Council sees fit.

Scarborough Community Council, at its meeting of April 28, 1999, set May 26, 1999 as the date for the public meeting to hear the request of The Greek Community of Metropolitan Toronto Inc., and St. John's Greek Orthodox Church for an exemption of its 1999, 2000 and 2001 Festivals from the requirements of the Noise By-law.

As requested by the Community Council, The Greek Community of Metropolitan Toronto Inc., and St. John's Greek Orthodox Church held a community meeting on May 10, 1999 at St. John's Greek Orthodox Church. It is understood that invitations to the meeting were distributed to the adjoining neighbourhood and that approximately eight to ten residents attended. In addition, the Ward Councillors and a representative of the Toronto Police Service were in attendance.

Justification:

Section 5 (1) of By-Law 24389, as amended, states in part that any person may make application to Council to be granted an exemption from any of the provisions of the by-law.

Contact Name:

Bryan Byng

East District Manager

(416) 396-7731

(416) 396-4266 Fax Number

byng#u#b@city.scarborough.on.ca

The following persons appeared before the Community Council in connection with the foregoing matter:

-Mr. Nick Liodakis and Mr. Costas Menegakis, on behalf of The Greek Community of Metropolitan Toronto Inc; and

-Mr. Jeffrey Cooper, area resident.

The Community Council also received a joint communication (April 1, 1999) from the President, Department of Associations, The Greek Community of Metropolitan Toronto Inc., and the President, St. John's Church, respecting this issue, a copy of which was provided to all Members of the Community Council, and a copy thereof is on file in the Office of the City Clerk, Scarborough Civic Centre.