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Kingston
50th YeaR SeRvinG KinGSton
For Plans, Plants and Pointers, it’s Potter’s
Serving City of Kingston and Loyalist Township
690 Golden Mile Road, Kingston (Corner of Bath & Day’s Rd)
www.pottersnurseries.com
613-389-3333
Thursday, June 27, 2013
www.emconline.ca
Inside news
Car enthusiasts gather in Odessa for annual show EMC Events - The 40th annual Odessa Flea Market, Car and Craft Show took place at the Odessa Fairgrounds June 15-16. Although the event was dampened by heavy rains on Sunday, warm sunny weather on Saturday gave visitors a chance to see some exceptional antique and classic vehicles, as well as visit the vendors and concessions. Photos/ John Harman
Storage Auction Raises funds Pg. 3
news
Ice cream “crisis averted!” Kingston vendor can play his street music Cracking down on graffiti Pg. 18
news
Pedestrian Safety Pg. 29
By Bill Hutchins Reporter
EMC News – Kingston’s lone ice cream truck vendor can continue to play his music while he makes the rounds through neighbourhoods. “We did agree that in the interim he will continue to operate his business and continue to play the music, and to stay clear of areas where there are complaints,” said Mayor Mark Gerretsen after a 20-minute meeting with John Boukas last week. Boukas, the operator of the Mr. Nice Cream truck, was recently informed by the city’s bylaw department that he could no longer play the chiming bells while making the rounds through neighbourhoods after a complaint was received. Boukas later said he may have to leave the city be-
cause – without the music – no one can hear his approaching truck to buy the icy treats. “If we can change the law to have the ice cream truck around here that would be good. Otherwise, by the end of the month, I’ll be gone,” said Boukas when the muzzling order was issued. “Clearly, it struck a nerve,” remarked Coun. Jim Neill of the swift and angry public backlash that followed. The order to silence the truck’s music touched off a frosty wave of criticism against the city for trying to put a vendor out of business. There was even a petition signed by more than 130 children at a local public school urging the city to keep the music playing. Mayor Gerretsen arranged a meeting in his City Hall office with Boukas and bylaw officials where they agreed to a
compromise until a permanent exemption to the city’s noise bylaw is sought. “I explained that bylaw (department) was not out to get him - they were just doing their job. I explained the bylaw was never intended to put him out of business but, rather, other activities like wild students throwing big parties,” said Gerretsen after the meeting. Coun. Neill agreed the bylaw should not target ice cream vendors. “How silly it seemed to be that we would go to those lengths. It kind of reminded me of a Dickens character who said ‘The law is an ass. The law is an idiot.’” Boukas will have to jump through the same hoops as others who seek a noise exemption; file an application, wait for staff to draft a report and recommendations, and then wait for council to debate and
vote on it. The application, if approved by council, would allow Boukas to play his ice cream truck music without fear of being charged by the bylaw department. It appears most councillors are ready to approve the noise exemption when the formal request comes to council as early as July 9. “We are taking a noise bylaw and using it to outlaw ice cream trucks in neighbourhoods. I think we’re a little bit over the top,” agreed Coun. Neill. The city routinely grants temporary noise bylaw exemptions for outdoor celebrations and construction work and, recently, allowed a permanent noise exemption for a west end outdoor ball hockey business. If the staff recommendation fails to resolve the ice cream music issue, however,
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Neill is already proposing his own motion to overrule the city’s own noise bylaw. The motion, which is slated to appear on the July 9 agenda, says ice cream vendors are a “welcomed, cherished” sight in urban neighbourhoods, and they can play music from 9am to 9pm. Mayor Gerretsen tried to downplay the icy swirl of controversy that may have taken a scoop out of Kingston’s open-for-business reputation, giving reporters a tongue-incheek “crisis averted” statement after his meeting with Boukas. To put the issue into perspective, he offered: “This is the way I look at it – (Toronto mayor) Rob Ford has got a crack scandal, the mayor of Montreal is accused of laundering money. I’m dealing with ice cream trucks.”
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