AGENDA ADDENDUM SPECIAL MEETING OF COUNCIL. Tuesday, June 21, :00 p.m. Council Chamber, Municipal Hall 355 West Queens Road, North Vancouver, BC

Transcription

1 AGENDA ADDENDUM SPECIAL MEETING OF COUNCIL Tuesday, June 21, :00 p.m. Council Chamber, Municipal Hall 355 West Queens Road, North Vancouver, BC Council Members: Mayor Richard Walton Councillor Roger Bassam Councillor Robin Hicks Councillor Mike Little Councillor Doug MacKay-Dunn Councillor Lisa Muri Councillor Alan Nixon

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3 District of North Vancouver 355 West Queens Road North Vancouver, BC, Canada V7N 4N SPECIAL MEETING OF COUNCIL 7:00 p.m. Tuesday, June 21, 2011 Council Chamber, Municipal Hall 355 West Queens Road, North Vancouver AGENDA ADDENDUM THE FOLLOWING LATE ITEMS ARE ADDED TO THE PUBLISHED AGENDA 1. ADOPTION OF MINUTES 1.1 June 14, 2011 Public Hearing Recommendation: THAT the report of the June 14, 2011 Public Hearing meeting be received. 3

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5 1.1 REPORT of the Public Hearing held in the Council Chamber of the District Municipal Hall. 355 West Queens Road, North Vancouver, B.C. on Tuesday, June 14, 2011 commencing at 7:01 pm. PRESENT: Staff: Mayor R. Walton (8:06 pm) Acting Mayor R. Bassam Councillor R. Hicks Councillor M. Little Councillor D. Mackay-Dunn Councillor L. Mud Councillor A. Nixon (7:38 pm) Mr. D. Stuart, Chief Administrative Officer Mr. 8. Bydwell, Director of Planning, Permits and Bylaws Mr. B. Dwyer, Manager - Development Services Ms. N. Letchford, Deputy Municipal Clerk Ms. J. Paton, Section Manager - Development Planning Ms. L. Brick, Confidential Council Clerk Bylaw The District of North Vancouver Rezoning Bylaw 1272 Purpose of Bylaw: To amend the District of North Vancouver Zoning Bylaw to add a general prohibition on the use of land, buildings and structures for the sale, distribution, dispensing and trade of cannabis except as allowed under Federal regulations. 1. OPENING BY THE MAYOR Acting Mayor Bassam welcomed everyone and advised that the purpose of the Public Hearing was to receive input from the community and staff on the proposed Rezoning Bylaw as outlined in the Notice of Public Hearing. He read a prepared statement outlining the procedural rules for the conduct of the hearing. 2. INTRODUCTION OF BYLAW BY CLERK Ms. Natasha Letchford, Deputy Municipal Clerk, introduced the Bylaw. 3. PRESENTATION BY STAFF Introduction: Mr. B. Bydwell, Director of Planning, Permits and Bylaws Mr. Brian Bydwel1, Director of Planning, Permits and Bylaws, provided Council with an overview of the proposed bylaw. Mr. Bydwell clarified that the proposed bylaw is not for a specific dispensary; however, it is to be applied to all properties in the District of North Vancouver. Public Hearing Report -June 14,

6 Page 2 4. REPRESENTATIONS FROM THE PUBLIC 4.1 Ms. Sandra Cusack OPPOSED 200 Block East 20~ Street Spoke in support of having marijuana dispensed through dispensaries and regulated; Opined that a properly run dispensary should be available to those who need it; and, Submitted s in support of a dispensary and the distribution of safe and tested marijuana. 4.2 Ms. Anne Strebinger 600 Block Lowry Lane Spoke in opposition to medical marijuana dispensaries; and, Expressed concern regarding increased policing, crime, and traffic. IN FAVOUR 4.3 Mr. Kirk Tousaw OPPOSED 700 Block West Hastings Street, Vancouver Spoke in opposition to the proposed bylaw as the legal counsel for the ReLeaf Society; Opined that medical marijuana dispensaries do not increase crime in the community and cited case law to support his statements; Provided Council with a copy of current case law regarding medical marijuana dispensaries; and, Urged Council to consider allowing medical marijuana dispensaries in the District of North Vancouver. 4.4 Mr. Ken Starr OPPOSED 2900 Block Panorama Drive Spoke in support of opening a medical marijuana dispensary in North Vancouver; Suggested that a dispensary should be located locally to assist patients who have mobility difficulties; and, Urged Council to consider granting permission for a medical marijuana dispensary in Deep Cove. 4.5 Mr. Brandon Parker OPPOSED 7700 Block 125 th Street, Surrey Suggested that the effects of marijuana are beneficial to patients and a dispensary could have a positive effect on the community; and, Urged Council to not pass the proposed bylaw. 4.6 Mr. Brian McConnell OPPOSED 2900 Block Panorama Drive and, Urged Council to allow medical marijuana dispensaries in other areas of the District of North Vancouver. 4.7 Mr. Jacob Hunter OPPOSED 200 Block West Hastings Street, Vancouver 6

7 Page 3 Opined that local medical marijuana dispensaries are important for medical patients and an alternative to opiate based pain medicine; and, Urged that Council not pass the proposed bylaw, 4.8 Ms. Dianne Stojak IN FAVOUR 1000 Block Caledonia Avenue Opined that Deep Cove is a predominantly residential community and may not be the appropriate area for this land use; Commented on legal implications of the lease for the building and a requirement for a business licence for a dispensary; and, Noted that the RCMP advised her they are not in support of the proposed dispensary and do not have the capacity to manage a safe and functioning pharmacy of this type. Councillor NIXON arrived at 7:38 pm. 4.9 Ms. Gail Huzel OPPOSED 1900 Block Banbury Road and, Spoke in support of access and availability of medical marijuana in North Vancouver Mr. Don Chapman IN FAVOUR 3700 Block Hamber Place Spoke regarding land use, community impact, and options available to medical patients; Opined that a dispensary operated outside of the Health Canada Regulations does not meet the requirements to open a medical marijuana dispensary and if opened would be committing offences under the Federal Controlled Drug and Substance Act; and, Suggested that marijuana for medical use should not be confused with the movement to legalize marijuana. Acting Mayor Bassam clarified that any s or submissions received prior to the end of the Public Hearing will form part of the public record Mr. Brian Duval OPPOSED 1200 Block McBride Street Suggested that marijuana is readily available in North Vancouver; Opined that a medical cannabis dispensary would not increase crime in North Vancouver; and, Commented that the current Federal program does not support patients and is cumbersome and ineffectual Mr. David Hine OPPOSED 1300 Block Hamber Place Suggested that medical marijuana is a good alternative to traditional pain medication; and, 7

8 REPORT of the Publlc Hearing regarding Bylaw 7896 held on Tuesday, June 14, 2011 Page 4 Urged Council to consider allowing a medical marijuana dispensary in Deep Cove Mr. Dwight Villeneuve OPPOSED 700 Block East 7 th Avenue, Vancouver Spoke on behatf of the BC Compassion Club; Urged Council to allow a medical marijuana dispensary in North Vancouver; Spoke in support of the benefits of medical marijuana and compassion clubs; and, Advised that the Vancouver Police Department supports the BC Compassion Club on Commercial Avenue Mr. Mike Paul OPPOSED 4400 Block Strathcona Road Opined that the opening of a medical marijuana dispensary will not increase noise, traffic, loitering, or crime; and, Urged that Council and residents tour the BC Compassion Club Mr. Dana Larsen OPPOSED 3500 Block Dundas Street, Vancouver Spoke on behalf of the Dispensary Societies in British Columbia; Suggested that the expressed fears are unfounded and provided an overview of the experiences of dispensaries which have opened up in British Columbia; and, Advised that there will be no loitering, increase in crime, or cannabis use in the area, and members sign a code of conduct. Mayor WALTON arrived at 8:06 pm Mr. Ernie Yacub OPPOSED 700 Block 6 th Street, Courtney Spoke regarding pain management through medicinal marijuana; and, Urged Council to allow medical dispensaries outside of the Federal regulations Mr. Steven Bain OPPOSED 100 Block East 19'" Street Expressed opposition to the proposed bylaw; Spoke in support of medical marijuana for pain relief and access to safe and pesticide free marijuana; and, Advised that the City of Vancouver has twelve dispensaries which are monitored by the Vancouver Police Department Mr. Ellis Worthington OPPOSED 100 Block West Hastings Street, Vancouver and, Spoke in support of local access to medical marijuana dispensaries. 8

9 PageS 4.19 Ms. Dori Dempster OPPOSED Block Elm Street, Abbotsford Spoke in opposition to the proposed bylaw as the Operations Manager for two dispensary clubs in Vancouver; Urged that Council support a regulated and responsible dispensary; and, Advised that dispensaries provide a variety of options for medical marijuana and that Health Canada only allows for smoked cannabis Mr. Tim SprOUle OPPOSED Block Elm Street, Abbotsford Advised that there are alternative forms of cannabis medicine; and, Opined that medical dispensaries decrease crime in the area and have good relationships with police. Acting Mayor BASSAM left the meeting at this point in the proceedings and Mayor WALTON assumed the chair. (8:28 pm) Councillor HICKS left the meeting at 8:29 pm Mr. Darre Neal OPPOSED 2900 Block Panorama Drive and, Spoke in support of dispensaries and opined that the code of conduct is enforced by the dispensaries. Councillor HICKS returned to the meeting at 8:30 pm Ms. Lorie Connors OPPOSED 800 Block Poplar Lane, Gibsons Spoke in opposition of the proposed bylaws; Spoke in support of medical marijuana dispensaries as alternative therapy to traditional medicine; and, Spoke in support of access to regulated marijuana Ms. Maureen Kerfoot IN FAVOUR 3100 Block Huntley Crescent Suggested that the land use should be determined by the Council and District residents; Advised that Health Canada has not provided an exemption to the proposed dispensary in Deep Cove; and, Urged that the medical marijuana community work with the Federal Government and health community to create better regulations Mr. Mathew Csordas OPPOSED 5700 Block Willingdon Avenue, Burnaby and, Suggested that medical marijuana dispensaries are beneficial to communities. 9

10 Page Dr. Dana Haaf IN FAVOUR 900 Block Roslyn Blvd Suggested that the health benefits of marijuana should be debated in medical circles and expressed concern that Health Canada has not been involved in the proposed dispensary; and, Expressed concern with the location and access to the Deep Cove medical marijuana dispensary Ms. Tammy Perkins IN FAVOUR 600 Block Baycrest Drive Advised that all dispensaries are illegal at this point as Health Canada has not issued any dispensary licences; Opined that the commercial zone in Deep Cove is not adequate and is in close proximity to schools and residences compared to other locations in Vancouver; and, Expressed concern that there is no control of club members once they have left the facil~y Ms. Lori Payne OPPOSED 4300 Block Rice Lake Road and, Commented that the medicinal use of marijuana is beneficial to medical patients Mr. Greg Wolfe IN FAVOUR 800 Block Roslyn Blvd Suggested that the debate of the use of marijuana should be left with Health Canada and the Federal Government; Spoke in opposition to the proposed location of a dispensary in Deep Cove due to minimal on-site parking, limited bus service, and proximity to residences and schools; and, Urged that Council create a zone for dispensaries in a commercially zoned area close to a hospital. Mayor Walton reviewed the process for the evening and advised that the Public Hearing may be closed this evening and Council may consider second and third reading during a Special Council meeting or Council may choose to adjourn to another evening Ms. Pam Miller OPPOSED 300 Block East 2"" Street Provided an overview of the process to become certified and purchase from the Federal Government; and, Spoke in support of the Compassion Club in Vancouver and advised that there are ten different kinds of marijuana for different uses which are not covered by health plans. 10

11 Page Mr. Mike Copland IN FAVOUR 900 Block Baycrest Spoke in support of the proposed bylaw as a medical practitioner; Clarified that the legislation provides for delivery to patients homes, allows for both oral and inhaled methods, and that the certification process is timely; and, Suggested that the medical community should be reviewing the pros and cons of the program, Councillor MACKAY-DUNN left the meeting at 9:01 pm and relurned at 9:02 pm 4.31 Mr. Steve Finlay OPPOSED 2800 Block East Georgia Street Opined that the prohibition of drugs has caused problems, not the drugs; and, Suggested that dispensaries will continue even if the bylaw is passed, they will just not be regulated, The meeting recessed at 9:06 pm and reconvened at 9:17 pm Ms. Katr;na Stobbart IN FAVOUR 4400 Block Summerside Lane and, Spoke regarding land use in the District of North Vancouver, suggesting that a medical marijuana dispensary be located close to health facilities. Councillors BASSAM and MACKAY-DUNN returned to the meeting at 9:19 pm Mr. Pat Stojak IN FAVOUR 1000 Block Caledonia Avenue and, Suggested that a dispensary in Deep Cove is not a suitable location due to access and transportation issues Mr. Rob Lamberton OPPOSED 100 Block West 6 th Street Spoke in support of a medical marijuana dispensary in North Vancouver which is close to transit and easily accessible; and, Opined that regulation could eliminate the involvement of organized crime Mr. Paul Hawman IN FAVOUR 1200 Block Caledonia Avenue Spoke in support of the proposed bylaw and commercial districts within communities; Suggested that the Deep Cove commercial zone should provide services which support the community of Deep Cove; and, Urged an amendment to the bylaw to provide a specific zone for a dispensary within a large commercial area close to health care services. 11

12 Page Mr. Vincent Santacroce IN FAVOUR 600 Block Roslyn Blvd Expressed concern that the proposed dispensary in Deep Cove is an unregulated dispensary and acting outside the law; and, Opined that it may not be accountable to the community Mr. David Ross IN FAVOUR 1200 Block Caledonia Avenue Expressed concern regarding the location of a proposed dispensary in Deep Cove, noting that other dispensaries in Vancouver are located in more commercial areas; and, Commented that a home delivery service, for medical marijuana, is available from Health Canada Ms. Arlene Jungaro IN FAVOUR 600 Block Beachview Drive Opined that there may be a need for medical marijuana dispensary in North Vancouver centrally located and close to a hospital; and, Expressed concern with the location of the proposed dispensary in Deep Cove Ms. Lissa Calderwood IN FAVOUR 300 Block Fairway Drive Expressed concern with the location of a medical marijuana dispensary in close proximity to schools; and, Commented that it would be better located near a hospital Ms. Sam Barker IN FAVOUR 1900 Block Deep Cove Road Suggested it should be located in a more centrally located area; Opined that a dispensary would attract people from outside the area and increase traffic; and, Expressed concern that marijuana may be smoked in the parking lot and near students Ms. Joelie Bayntun IN FAVOUR 600 Block Roslyn Blvd and, Spoke in opposition to the proposed location of a medical marijuana dispensary in Deep Cove. Councillor MURI left the meeting at 9:43 pm Ms. Tree Cleland 700 Block Baycrest Road and, Expressed concern regarding the proposed location of the dispensary. IN FAVOUR 12

13 Page Mr. Derek Slack IN FAVOUR 2100 Block Panorama Drive and, Commented that distribution of medical marijuana should be controlled by the Federal Government Ms. Sandra Cleveland IN FAVOUR 4000 Block Mt. Seymour Parkway and, Expressed concern regarding the proposed dispensary in Deep Cove and the proposed land use and increased traffic Mr. Jules Burt OPPOSED 1800 Block Bewick Avenue Opined that the proposed bylaw may be unconstitutional; and, Urged that cannabis be legalized Ms. Amanda Burton OPPOSED 100 Block East 19 th Street Spoke of the benefits of cannabis use; and, Spoke in support of dispensaries and urged that a dispensary be located in North Vancouver Mr. Ezra Mantel OPPOSED 1300 Block Coleman Street Opined that the bylaw may be discriminatory; and, Commented that the pub and liquor store may cause more problems in the neighbourhood of Deep Cove than a medical marijuana dispensary Ms. Rhonda Steinke IN FAVOUR 3300 Block Huntley Court and, Suggested that dispensaries should be run under Federal Government regulations Mr. Tom Kirk IN FAVOUR 4500 Block Epps Avenue and, Suggested that dispensaries be run under Federal Government regulations and that land use be regulated Mr. Alan Burgess IN FAVOUR 400 Block Fairway Drive and, Commented that a medical marijuana dispensary should not be located in Deep Cove. 13

14 Page Mr. Alexander Cortina IN FAVOUR 2000 Block Banbury Road and, Opined that Deep Cove is not an ideal location for a medical marijuana dispensary Ms. Theresa Shaughnassy IN FAVOUR 900 Block Fairway Drive Spoke in support of the bylaw as a public health nurse; and, Expressed concern that there has been very little community engagement or involvement from Vancouver Costal Health regarding a medical marijuana dispensary in Deep Cove Dr. Corrie Kost COMMENTED 2800 Block Colwood Drive Opined that the proposed location is not suitable for a dispensary; Commented that there has not been enough public engagement regarding the proposed bylaw; and, Urged that Federal Government regulations be followed regarding the operation of medical marijuana dispensaries Ms. Dori Dempster SPEAKING FOR A SECOND TIME Block Elm Stree~ Abbotsford Spoke in support of educating children about drugs Mr. Don Chapman SPEAKING FOR A SECOND TIME 3700 Block Hamber Place Provided statistics regarding patients who have legal licences to possess marijuana in British Columbia; Commented on his experiences regarding community impact and medical marijuana dispensaries relating to crime, compliance to the code of conduct, and the criminal organization involvement; Noted there has been no public consultation or due process followed for the opening of a dispensary in Deep Cove; and, Urged Council to represent the residents of the District of North Vancouver Ms. Sandra Cusack SPEAKING FOR A SECOND TIME 200 Block East 20" Street Opined that a dispensary could be a good use for the commercial land in Deep Cove; Spoke in support of medical marijuana dispensaries; and, Encouraged educating youth regarding drugs Mr. Dana Larsen SPEAKING FOR A SECOND TIME 3500 Block Dundas Street, Vancouver Advised that more than 10,000 people in Canada are accessing the medicinal marijuana program; Commented that the dispensaries in Vancouver have a good working relationship with the Vancouver Police Department; and, Urged a middle ground be considered to find a suitable location in North Vancouver. 14

15 Page Dr. Corrie Kost SPEAKING FOR A SECOND TIME 2800 Block Colwood Drive Spoke regarding Dutch drug policies and laws; Spoke regarding the zoning bylaw, urging that rules be in place for medical marijuana dispensaries; and, Opined that no country in the world allows people to grow and consume marijuana. Councillor MACKAY-DUNN left the meeting a110:30 pm and returned at 10:33 pm. Councillor HICKS left Ihe meeting at 10:33 pm and returned a110:34 pm Mr. Brian Duval SPEAKING FOR A SECOND TIME 1200 Block McBride Street Urged Council to amended the proposed bylaw to provide for a dispensary use zoning within the District of North Vancouver; Expressed concern that access to the Federal program is difficult; and, Opined that dispensaries do not have any increase in crime rates Mr. Steven Bain SPEAKING FOR A SECOND TIME 100 Block East 19'" Street Spoke in support of making changes to marijuana laws Mr. Bruce Strebinger IN FAVOUR 600 Block Lowry Lane Suggested that the Deep Cove location is not suitable for the proposed land use; and, Expressed concern regarding illegal activities happening in the Lowry Lane Park. Councillor MACKAY-DUNN left the meeling all0:42 pm Ms. Lindsay Witham IN FAVOUR 4051 Block Brockton Crescent Expressed concern that the dispensary opened without public consultation; Opined that the location is not appropriate as it is in close proximity to daycares and schools; and, Suggested it should be located within a more easily accessible and centrally located area Mr. Ken Starr SPEAKING FOR A SECOND TIME 2900 Block Panorama Drive Addressed concerns expressed by other speakers regarding the location and accessibility of the ReLeaf Society; Advised that there are six parking spots on site; Expressed safety concerns with the pub and liquor store; Advised Council of the security in place for the proposed dispensary in Deep Cove; and, Opined that the dispensary will benefit the neighbourhood. 15

16 Page Ms. Gail Huzel SPEAKING FOR A SECOND TIME 1900 Block Banbury Road Commented that traffic is an issue in Deep Cove and a dispensary will not add to current congestion Ms. Dori Dempster SPEAKING FOR A THIRD TIME Block Elm Street, Abbostford Advised that a non-profit society cannot run without funds and must charge for the product, expenses are incurred for the services provided; and, Opined that dispensaries and injection sites are needed in all neighbourhoods Mr. Don Chapman SPEAKING FOR A THIRD TIME 3700 Block Hamber Place Expressed concern regarding grow ops and safety issues Ms. Sandra Cusack SPEAKING FOR A THIRD TIME 200 Block East 20'" Street Advised that medical marijuana dispensaries purchase only from federally approved grow places Mr. Dana Larsen SPEAKING FOR A THIRD TIME 3500 Block Dundas Street, Vancouver Spoke regarding growers who supply dispensaries; Expressed concern that some people who are permitted to grow through licensing for personal use are uneducated in proper grow methods; and, Commented that dispensaries provide options for people who do not wish to grow marijuana themselves Mr. Brian Duval SPEAKING FOR A THIRD TIME 1200 Block McBride Street Spoke in support of the ReLeaf Society; and, Urged Council to find a middle ground for the operation of dispensaries in North Vancouver. 5. CLOSING Mayor Walton asked if there was anyone else wishing to speak. Mayor Watton asked a second and third time and there being no other speakers, Mayor Walton asked what the pleasure of Council was. MOVED by Councillor NIXON SECONDED by Councillor UTILE THAT the June 14, 2011 Public Hearing be Closed and Bylaw The District of North Vancouver Rezoning Bylaw 1272, be returned to Council for further consideration. CARRIED Absent for Vote: Councillors MURI and MACKAY-DUNN 16

17 REPORT of the Public Hearing regarding Bylaw 7896 held on Tuesday, June 14, atlhe District of North Vancouver Page 13 Mayor Walton declared the Public Hearin9 in respect of Bylaw 7896 CLOSED at 11:04 p.m. CERTIFIED CORRECT: Conti I Council Clerk 17

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