Minutes for Community Services Committee March 13, 2000 meeting

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COMMUNITY SERVICES COMMITTEE MINUTES

Monday, March 13, 2000

MEMBERS: PRESENT:
R. Noce, Chair R. Noce
D. Thiele, Vice-Chair D. Thiele
T. Cavanagh T. Cavanagh*
L. Chahley L. Chahley
ALSO IN ATTENDANCE:

Councillor B. Anderson*
Councillor M. Phair*
Councillor R. Rosenberger*
B.E. Thom, Q.C., City Manager*
S. Thompson, Office of the City Clerk
*Attended part of the meeting.

A.1. CALL TO ORDER
Councillor R. Noce called the meeting to order at 9:30 a.m.

Councillor R. Rosenberger was in attendance.

Councillor B. Anderson entered the meeting.

A.2. ADOPTION OF AGENDA
MOVED T. Cavanagh:
That the Community Services Committee Agenda for the March 13, 2000 meeting
be adopted.

CARRIED
FOR THE MOTION: T. Cavanagh, L. Chahley, R. Noce, D. Thiele.

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Community Services Committee
Meeting Minutes 1
March 13, 2000
A.3. ADOPTION OF MINUTES

MOVED T. Cavanagh:
That the Minutes of the February 28, 2000 Community Services Committee
Meeting be adopted.

CARRIED
FOR THE MOTION: T. Cavanagh, L. Chahley, R. Noce, D. Thiele.

B.2. EXEMPTIONS AND VOTE ON ALL OTHER ITEMS
MOVED T. Cavanagh:
That items D.2.b., D.2.c., D.2.d., D.4.a., D.4.b., D.4.c., D.4.d., F.1.a. and F.4.b. be
exempted for debate; and

D.2. REPORTS ON ADMINISTRATIVE INQUIRIES

D.2.a. Status of Bylaw 12072, Being a Bylaw to Establish the Vision for
Social Well-Being and Sustainability of Communities Committee (R.
Noce).
____________________________________________________________

That the February 7, 2000 Corporate Services Department report be Corporate Svcs.
received for information.

D.3. STATUS OF REPORTS

D.3.a. The City of Edmonton/Alberta Tobacco Reduction Alliance
(B. Smith).

That the revised due date of April 3, 2000 be approved.
Police Service
Due: April 3, 2000

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Community Services Committee
Meeting Minutes 2
March 13, 2000
D.3.b Edmonton Speed Skating Association
(R. Noce).

That the revised due date of April 3, 2000 be approved.
Community Svcs.
Due: April 3, 2000

F.1. COMMUNITY SERVICES DEPARTMENT

F.1.b. C Edmonton Art Gallery “Keeping the Doors Open” 2000 Community
Investment Grant. 

That the Community Services Committee recommend to City Council:

i. That the first instalment of the Edmonton Art Gallery’s 2000 Community
Investment Grant in the amount of $332,640.00 be approved.

ii. That the balance of the Edmonton Art Gallery’s 2000 Community
Investment Grant be determined subsequent to the administrative review
of the Edmonton Art Gallery’s 1999 audited financial statement.

F.1.c. Contract with Canadian Red Cross – Community Services
Department. 

That a contract be awarded to The Canadian Red Cross for a five year term Community Svcs.
for the supply of swimming program related materials.

F.1.d. C Golf Courses – 2000 Market Adjusted Green Fees. 

That the Community Services Committee recommend to City Council:

That the market adjusted 2000 green fees at Riverside and Victoria Golf
Courses as detailed in Attachment 1 (of the February 29, 2000 Community
Services Department report) be approved.

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Community Services Committee
Meeting Minutes 3
March 13, 2000
F.4. OTHER REPORTS

F.4.a. C Community Services Advisory Board 2000: Recommendations for
2000 Community Investment Operating Grant Awards. 

That the Community Services Committee recommend to City Council:

That the recommendations of the Community Services Advisory Board to
award the 2000 City of Edmonton Community Investment Operating
Grant Awards be approved as follows:

a. That cash grants totalling $620,000 be awarded to 70 social service
organizations as outlined in Attachment 1 (of the February 10,
2000 Community Services Advisory Board report).

b. That cash grants totalling $119,000 be awarded to 47
recreation/sport organizations as outlined in Attachment 2 (of the
February 10, 2000 Community Services Advisory Board report).

c. That cash grants totalling $53,000 be awarded to 28 multicultural
organizations as outlined in Attachment 3 (of the February 10,
2000 Community Services Advisory Board report).

CARRIED
FOR THE MOTION: T. Cavanagh, L. Chahley, R. Noce, D. Thiele.

D. ADMINISTRATIVE INQUIRIES AND RESPONSES

D.2. REPORTS ON ADMINISTRATIVE INQUIRIES

D.2.c. Incidents of Theft and Fraud Within Not-for-Profit Organizations
(R. Rosenberger). 
___________________________________________________________

MOVED D. Thiele:

That the February 17, 2000 Community Services Department report be Community Svcs.
postponed to the April 3, 2000 Community Services Committee meeting. Due: April 3, 2000
CARRIED

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Community Services Committee
Meeting Minutes 4
March 13, 2000
FOR THE MOTION: T. Cavanagh, L. Chahley, R. Noce, D. Thiele.

D.4. STATUTORY HEARINGS AND APPEALS

D.4.a. Taxi License Appeal - Mr. Kamal Mansour. 

Councillor R. Noce explained the Appeal process.

S. Thompson, Office of the City Clerk, stated if there were any persons present to speak to item
D.4.a., they would now be heard. No one responded.

Councillor M. Phair entered the meeting.

S. Phipps answered the Committee's questions.

(Cont'd. on page 10)

D.4.b. Taxi License Appeal - Mrs. Surinder Randhawa. 

MOVED T. Cavanagh:
That item D.4.b. be dealt with now.

CARRIED
FOR THE MOTION: T. Cavanagh, L. Chahley, R. Noce, D. Thiele.
Councillor R. Noce asked whether everyone had heard and understood the explanation of the
Appeal process.

S. Thompson, Office of the City Clerk, stated if there were any persons present to speak to item
D.4.b., they would now be heard.

S. Thomas, Cruickshank Karvellas, representing Mrs. Surinder Randhawa, made a presentation
and answered the Committee's questions.

P. Fearon, Edmonton Police Service (Bylaw) and D. Werlin, Chair, Edmonton Taxi Cab
Commission, made a presentation and answered the Committee's questions.

S. Thomas made a further presentation.
MOVED L. Chahley:

That the decision of the Taxi Cab Commission denying the issuance of a Police Service
City Taxi License to Mrs. S. Randhawa, based on her application to renew

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Community Services Committee
Meeting Minutes 5
March 13, 2000
Taxi license number 1345 on behalf of the estate of her deceased husband
be upheld.

CARRIED
FOR THE MOTION: T. Cavanagh, L. Chahley, R. Noce, D. Thiele.

COMMITTEE DECISION ON THE TAXI LICENSE APPEAL BY MRS. SURINDER
RANDHAWA
Councillor R. Noce stated the following:

In dealing with this Appeal, the Community Services Committee heard from Ms.
Suzanne Thomas from Cruickshank Karvellas, counsel for the appellant, Mr. Phil
Fearon and Mr. Dave Werlin of the Edmonton Taxi Cab Commission. Based on
what the Committee has heard, it is the Committee's decision to uphold the Taxi
Commission decision; namely, the denying of the issuance of a City Taxi License
to Mrs. Randhawa based on her application to renew Taxi License #1345 on
behalf of the Estate of her deceased husband. The Committee makes its decision
based on the following reasons:

i. On June 1, 1998, Taxi License #1345 was cancelled. This taxi license was
not renewed during the 1998/1999 Taxi License year.

ii. Section 50 of Taxi Bylaw 11093, the bylaw in place at the time of the
death of the taxi license holder, specified the following:

"Licenses issued under this bylaw may not be sold or transferred to any
other person or persons."

3. Taxi Bylaw 12020 was approved by City Council on May 4, 1999 some
fifteen months after the death of the taxi license holder and that is the
bylaw that this Committee must apply.

Counsel for the appellant acknowledges that there is nothing in law or in the
bylaw that would require the issuance of a new taxi license. Accordingly, the
Committee must uphold and apply the current bylaw that is in place.

Ms. Thomas was requested to confirm her address for service with S. Thompson, Office of the
City Clerk, in order to receive the written decision.

D.4.c. Mr. Gerry K.J. Beck’s Appeal to Independent Taxi Cab Colour Code
Denial. 

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Community Services Committee
Meeting Minutes 6
March 13, 2000
Councillor R. Noce asked whether everyone had heard and understood the explanation of the
Appeal process.

S. Thompson, Office of the City Clerk, stated if there were any persons present to speak to item
D.4.c., they would now be heard.

Richard J. Garside, representing Gerry Beck, made a presentation and answered the Committee's
questions.

G.K.J. Beck made a presentation.

P. Strong, Laidlaw Transit Ltd., made a presentation.

P. Fearon, Edmonton Police Service (Bylaw) and D. Werlin, Chair, Edmonton Taxi Cab
Commission, made a presentation and answered the Committee's questions.

W. Shores, independent counsel to the Edmonton Taxi Cab Commission, answered the
Committee's questions.

Richard J. Garside made a further presentation.
MOVED T. Cavanagh:

That the decision of the Taxi Cab Commission denying Mr. Beck’s request Police Service
for unique colour and markings approval on his taxi be confirmed.

CARRIED
FOR THE MOTION: T. Cavanagh, L. Chahley, R. Noce, D. Thiele.

COMMITTEE DECISION ON THE APPEAL BY MR. GERRY K.J. BECK
Councillor R. Noce stated the following:

In dealing with the Appeal, the Community Services Committee heard from the
following individuals: Mr. Richard Garside, counsel for the appellant, Mr. G.K.J.
Beck and Mr. Philip Strong, representing Laidlaw Transit Ltd. As well, the
Committee heard from Mr. Phil Fearon, Edmonton Police Service (Bylaw), Mr.
Dave Werlin, Chair of the Edmonton Taxi Cab Commission, and Mr. Bill Shores,
independent counsel for the Taxi Cab Commission. Based on what the
Committee has heard, it is the Committee's decision to uphold the decision of the
Taxi Cab Commission, namely, to confirm the decision of the Taxi Cab
Commission denying Mr. Beck's request for unique colour and markings approval
on his taxi. The Committee makes its decision based on the following reasons:

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Community Services Committee
Meeting Minutes 7
March 13, 2000
The Taxi Cab Commission has the authority to make regulations
concerning the approval of colours and markings of taxis. Mr. Garside is
questioning that authority through a charter argument. However, Mr.
Garside has conceded this is not the proper forum to make such an
argument. As well, Mr. Garside has not provided any evidence suggesting
that the process that was followed by the Taxi Commission was improper.
Accordingly, the Committee stands by the decision of the Taxi Cab
Commission.

Mr. Garside was requested to confirm his address for service with S. Thompson, Office of the
City Clerk, in order to receive the written decision.

MOVED T. Cavanagh:
That the Committee recess for five minutes.

CARRIED
FOR THE MOTION: T. Cavanagh, L. Chahley, R. Noce, D. Thiele.

The Committee recessed at 10:50 a.m.

The Committee reconvened at 10:55 a.m.

D.4.d. Taxi License Appeal - Mr. Abdallah Khaled. 

Councillor R. Noce asked whether everyone had heard and understood the explanation of the
Appeal process.

S. Thompson, Office of the City Clerk, stated if there were any persons present to speak to item
D.4.d., they would now be heard.

S. and A. Khaled made a presentation and answered the Committee's questions.

P. Fearon, Edmonton Police Service (Bylaw) made a presentation.
MOVED R. Noce:
That the Administration be allowed an additional five minutes to complete their
presentation.

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Community Services Committee
Meeting Minutes 8
March 13, 2000
CARRIED
FOR THE MOTION: T. Cavanagh, L. Chahley, R. Noce, D. Thiele.
P. Fearon, Edmonton Police Service (Bylaw) and D. Werlin, Chair, Edmonton Taxi Cab
Commission, made a presentation and answered the Committee's questions.

S. and A. Khaled made a further presentation and answered the Committee's questions.
MOVED T. Cavanagh:

That the decision of the Taxi Cab Commission denying the issuance of a Police Service
City Taxi License to Mr. Abdallah Khaled based upon his application for
Red Leaf Cab No. 199/285 be confirmed.

CARRIED
FOR THE MOTION: T. Cavanagh, L. Chahley, R. Noce, D. Thiele.

COMMITTEE DECISION ON THE APPEAL BY MR. ABDALLAH KHALED
Councillor R. Noce stated the following:

In dealing with this Appeal, the Community Services Committee heard
from Mr. and Mrs. Khaled, the appellant, Mr. Phil Fearon, Edmonton
Police Service (Bylaw), and Mr. Dave Werlin, Chair of the Edmonton
Taxi Cab Commission.

Based on what the Committee has heard, it is the Committee's decision to
uphold the decision of the Taxi Cab Commission, namely, denying the
issuance of a City Taxi License to Mr. Khaled, based upon his application
for Red Leaf Cab #199/285. The Committee makes its decision based on
the following reasons:

(1) Mr. Khaled was advised, in writing, that his application detail did
not meet the requirements of the bylaw and regulation. His
timeline to respond with complete and current information expired
in April 1996. Although there is some doubt as to whether or not
the letter actually got into the hands of the appellant, there is no
evidence to suggest it did not as well. Accordingly, the Committee
relies on the fact that the letter was never returned to Edmonton
Police Service (Bylaw).

(2) One note from a Dr. Wiancko, dated March 29, 1995, indicating
that the patient is unable to work is not validated with additional
follow-up details. Being unable to meet the licensing requirements
in 1996 due to a medical condition is not seen as a valid argument

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Community Services Committee
Meeting Minutes 9
March 13, 2000
in this case. The appellant has failed to produce any further
medical reports that support his medical condition.

(3) Verbal contact between Mr. Khaled and the City indicated that he
would have his vehicle operational by the end of February 1996.
Although there was some doubt as to whether or not contact was
made further in 1996, 1997 or 1999, that is verbal contact, it is
clear that contact was made by a letter dated October 13, 1999. We
have conflicting evidence between the appellant and the respondent
on this point. As I have indicated, and as the Committee has
agreed, that fact, although significant, is not relevant to the facts
before us.

(4) The Red Leaf Taxi Cab Ltd. list of taxi owners and City Taxi
License Plate holders dated December 28, 1995 shows that Unit
#199, City Taxi License plate #2641 was in the possession of a Mr.
Bassim Kadry. Based upon verification of his application and
details, City Taxi License plate #0395 was issued to Mr. Kadry in
1996. The Chief License Inspector contends that according to
complete application details, a valid taxi license was issued to Mr.
Kadry for Red Leaf Taxi Cab #199. Only one taxi license can be
issued for this vehicle.

(5) The vehicle Mr. Khaled claims to own as of February 5, 1995 and
be operating as a taxicab on the Red Leaf fleet as of February 6,
1995 with a Red Leaf Contract for Registration dated February 6,
1995 was last registered in the Province of Alberta on July 10,
1995 to Cory Vincent Goodhope. There has been no active
registration of this vehicle since that time in the Province of
Alberta. The Provincial records do not recognize ownership by
Mr. Khaled during the critical time period of February 1995 and
the appellant has not brought any evidence forward contrary to that
statement.

As a result of those reasons, the Committee has agreed to uphold the decision of
the Taxi Cab Commission.

Mr. Khaled was requested to confirm his address for service with S. Thompson, Office of the
City Clerk, in order to receive the written decision.
(Cont'd. from p. 5)

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Community Services Committee
Meeting Minutes 10
March 13, 2000
D.4.a. Taxi License Appeal - Mr. Kamal Mansour. 
__________________________________________________________________

S. Phipps, Corporate Services Department (Law), answered the Committee's questions.
MOVED L. Chahley:

That, in view of the non-appearance of the appellant, Mr. Kamal Mansour, Police Service
the Appeal be deemed abandoned.

S. Phipps, Corporate Services Department (Law), answered the Committee's questions.

S. Thompson, Office of the City Clerk, reviewed the sequence of events pertaining to this
appeal's placement on the Committee agenda.

CARRIED
FOR THE MOTION: T. Cavanagh, L. Chahley, R. Noce.
ABSENT: D. Thiele.

D.2. REPORTS ON ADMINISTRATIVE INQUIRIES

D.2.b. Billboard Beds (M.Phair). 
________________________________________________________

B. Anderson, Community Services Department, answered the Committee's questions.
MOVED R. Noce:

That the February 25, 2000 Community Services Department report be Community Svcs.
received for information.

CARRIED
FOR THE MOTION: T. Cavanagh, L. Chahley, R. Noce.
ABSENT: D. Thiele.

D.2.d. Golden Homes (Greater Edmonton Foundation) (M. Phair). 

____________________________________________
Community Services Committee
Meeting Minutes 11
March 13, 2000
K. Barnhart and D. Freeman, Community Services Department, answered the Committee's
questions.
MOVED T. Cavanagh:

That the February 14, 2000 Community Services Department report be Community Svcs.
received for information.

CARRIED
FOR THE MOTION: T. Cavanagh, L. Chahley, R. Noce.
ABSENT: D. Thiele.

F. REPORTS RELATED TO COMMUNITY SERVICES
COMMITTEE MATTERS

F.1. COMMUNITY SERVICES DEPARTMENT

F.1.a. Lodge Program of the Greater Edmonton Foundation. 

MOVED R. Noce:

That the January 19, 2000 Community Services Department report be Community Svcs.
postponed to the April 3, 2000 Community Services Committee meeting. Due: April 3, 2000
CARRIED
FOR THE MOTION: T. Cavanagh, L. Chahley, R. Noce.
ABSENT: D. Thiele.
Orders of the Day were called.

The Committee recessed at noon.

The Committee reconvened at 1:30 p.m.

F.4. OTHER REPORTS

F.4.b. Recommendation from the Names Advisory Committee. 

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Community Services Committee
Meeting Minutes 12
March 13, 2000
M. Lawrence, Planning and Development Department and L. de Boer, Chair, Names Advisory
Committee, answered the Committee's questions.
MOVED D. Thiele:

1. That the “Jasper Place Arena” be renamed the “Bill Hunter Planning & Dev.
Arena”.

2. That the six roadways located in the Blackmud Creek Names Advisory
Neighbourhood be named as follows: “Barnes Way”, Committee
“Barnes Link”, “Barnes Close”, “Beck Close”, “Barrie
Close” and “Baker Close”.

3. That the two roadways located in the Glastonbury
Neighbourhood be named “Garnett Crescent” and “Galland
Close”.

4. That the roadway located in the Carlton Neighbourhood be
named “Cutts Court”.

CARRIED
FOR THE MOTION: T. Cavanagh, L. Chahley, R. Noce, D. Thiele.

F.4.c. Naming Policy.
________________________________________________________________

MOVED R. Noce:

That the Administration prepare a report for the May 1, 2000 Community Planning & Dev.
Services Committee meeting on the Naming Policy currently in place and Names Advisory
that the issues that are of concern to the Names Advisory Committee be Committee
identified. Due: May 1, 2000

CARRIED
FOR THE MOTION: T. Cavanagh, L. Chahley, R. Noce, D. Thiele.

N. NOTICES OF MOTION

Councillor R. Noce asked whether there were any Notices of Motion. There were none.

(Sec. 100. B.L. 9999, as amended)

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Community Services Committee
Meeting Minutes 13
March 13, 2000
O. ADJOURNMENT

The meeting adjourned at 1:45 p.m.

______________________________ ______________________________

CHAIR CITY CLERK

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Community Services Committee
Meeting Minutes 14
March 13, 2000