MUNICIPALITY of North Agenda€¦ · Mayor Tom Walker (ex -officio) Also Present Insp. Kevin Hewco,...

Agenda MUNICIPALITY of North COWICHAN

Meeting

Police Services Committee

Date Monday, August 15, 2011 Time 4:00 p.m. Place Municipal Hall - Large Committee Room

Page

1. AgendaApprove Committee Agenda Recommendation: that the Committee approve the agenda, as circulated.

2. MinutesAdopt Committee Minutes Recommendation: that the Committee adopt its May 9, 2011 meeting minutes.

3. DelegationWarmland House, Lewis Street Anne Hodge, Executive Director, CMHA

4. Business4.1 Medicinal Marijuana Licences

Recommendation:

4.2 Major Crime Investigation Costs Recommendation:

5. New Business

6. AdjournmentRecommendation: that the meeting adjourn.

3-5

7-9

11-17

19-21

Page 1 of 21

MUNICIPALITY of North Minutes COWICHAN Meeting Police Services Committee Date Monday, May 9, 2011 Time 4:00 p.m. Place Municipal Hall - Large Committee Room

Members Present Councillor Ruth Hartmann, Chair

Councillor Garrett Elliott Councillor Al Siebring Mayor Tom Walker (ex-officio)

Also Present

Insp. Kevin Hewco, OIC Cst Mike Quayle Dave Devana, Chief Administrative Officer (CAO) Rob Clark, Bylaw Enforcement Officer

Agenda Approve Agenda It was moved, seconded and carried, that the Committee approve

the agenda, as circulated.

Minutes Adopt Minutes It was moved, seconded and carried, that the Committee adopt its

February 21, 2011 meeting minutes.

Unfinished Business Bar Watch Society and Good Neighbour Agreement

The Committee received a presentation by Constable Mike Quayle, of the North Cowichan/Duncan RCMP Detachment, about the Duncan/North Cowichan Bar Watch Society and licensed establishment Good Neighbour Agreement. This agreement recognizes that liquor licensed establishments have a civic responsibility, beyond the requirements of the Liquor Control and Licensing Act, and Regulations, to control the conduct of their patrons.

Criminal Record The Committee discussed Inspector Hewco’s April 19, 2011 report

Page 1 of 3

Adopt Committee Minutes

Page 3 of 21

May 9, 2011 Police Services Committee Minutes

Checks regarding criminal record checks and prioritizing paid criminal record checks over volunteer ones.

Business Medicinal Marijuana Licences

The Committee reviewed the March 30, 2011 Director of Administration's report, the March 24, 2011 draft letter to Health Canada, the March 8 letter from the City & Township of Langley, and the March 22 letter from the City of Pitt Meadows regarding the Federal medicinal marijuana licencing program. The Committee supported current licences being cancelled and medicinal marijuana being dispensed by licenced pharmacies by doctor prescription. Recommended Resolution: that Council send a letter to Health Canada urging that changes be made to the current medicinal marijuana licencing program. The Committee supported the March 24, 2011 draft letter to Health Canada, as amended by Councillor Siebring.

RCMP Contract Negotiations

The Committee received for information the March 29, 2011 Union of BC Municipalities’ memo regarding the status of the RCMP contract negotiations and Alberta's endorsement of a new RCMP contract.

New Business

Major Crimes Cost Downloading

The Committee reviewed and discussed the May 5, 2011 letter from the Mayor to the Solicitor General opposing RCMP cost downloading for major crime investigations. Recommendation: The Committee directed the CAO to write to all Vancouver Island municipalities, with a population of over 5,000, inviting them to a meeting with a presentation by the RCMP ‘E’ division major crime unit. The Committee requested that the meeting be scheduled for the earliest date available.

PRIME BC The Committee received for information the April 26, 2011 letter from the Union of BC Municipalities (UBCM) regarding the provincial response to UBCM’s 2010 resolutions about Police Records Management Environment (PRIME) BC user fee increases.

Adjournment

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May 9, 2011 Police Services Committee Minutes

5:08 p.m. It was moved, seconded and carried, that the meeting adjourn.

Minutes certified correct

Recording Secretary Committee Chair

Page 3 of 3


Page 5 of 21

Subject: FW: Lewis Streeet & Warmland House

From: Fran [mailto:[email protected]]

Sent: June 29, 2011 8:34 PM

To: Info

Subject: Lewis Streeet & Warmland House

Dear Mr. Mayor & Council:

It has been a year and a half since Warmland House opened its doors December 16, 2009 and as a resident of Lewis

Street, I cannot stay silent any longer.

When is the Municipality & RCMP going to look out for the well-being of the hard working, law-abiding, long term

residents of our street and stop catering to this special interest group who have brought nothing but chaos to our street? I

have tried to keep an open mind and have compassion for those less fortunate, but I have reached my limit. My rights to

a peaceful and safe environment have been jeoparized too many times by the goings-on I have had to deal with and

encounter in my daily routine that stem from Warmland House.

We have experienced an influx of druggies, drunks, garbage, and mentally ill people wandering up and down the street,

fighting, and stealing from vehicles in the parking lot where I live. The latest gun selling episode takes the

cake! And the only answers we get from management at Warmland House is "no comment". Well, excuse me, but it's

time that VIHA and BC Housing take responsibility for what is going on at their property. We are being terrorized by a

certain element of the population and NO ONE is taking care of OUR needs. It would also be interesting to hear of any

success stories & percentages that have occurred since they opened.

There are people who have lived on this street for 40 years and they, as well as the rest of us, deserve better. We are

the ones who go to to the polls every municipal election and vote for leaders who we believe will look after our bestinterests. So far, we have been left behind.

Perhaps, a good place to start would be to tow the blue station wagon that is continually parked outside Warmland

House. It is an eyesore and everyone in the neighbourhood knows it is being used by clients of Warmland to smoke

pot. Drug use goes on daily right on the sidewalk outside the facility and no one can go to MacDonalds for a coffee

(which many of our seniors used to do) because the entrance is full of crack & pot smokers! There is a black car (license

#766 SEN) with racing decals that races up and down Lewis Street at all hours of the day and is usually parked outside

Warmland House or at MacDonalds. It sounds like a Harley Davidson without baffles when it peels up & down the

street!!! So much for peace & quiet. We have seniors and young mothers with babies who are too intimidated to walk up

the street for fear of what they experience at the corner of York and Lewis! Residents are kept awake at all hours of the

night due to the fights, screaming, and yelling coming from Warmland House. During the day, fights, etc. are amplified by

the concrete courtyard - some "design/engineering guru" didn't do their due diligence on that aspect!!! We never haveany peace and quiet!

My neighbours and I are "Mad As Hell" and we aren't going to take it anymore! You have a chance to help maintain a

friendly, safe, and clean neighbourhood (contrary to the opinion that this is "the ghetto"). Perhaps you should take a

closer look and make this entryway to the south end of the Municipality a more welcoming beginning. Or, at least, show

some concern for the well being of the GOOD people who live here and DO SOMETHING ABOUT THIS SITUATION!

Please help us out here.

Sincerely,

Fran Stirling

2548 Lewis Street

250.715.0798

Warmland House, Lewis Street Anne Hodge, Executive ...

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— Original Message —

From: Kevin HEWCO

To: Nancy Tates

Cc: [email protected] ; [email protected] ; Anne Olsen ; Tom Walker; Jack MACNEILL ; Larry

Chomyn ; Scott Stephen ; Charlie ; [email protected]

Sent: Thursday, June 30, 2011 3:35 PM

Subject: Re: Lewis Streeet & Warmland House

Hi Nancy,

This is rather timely....as we are addressing a multitude of operational issues and our relationship (cooperation) with

the Warmland House too. We had sought a meeting over this issue and in fact, this very morning a meeting with the

interim President of the Cowichan Valley Branch of the Canadian Mental Health Association, Howard Goodridge, Ann

Hodge, the Executive Director of the same group, and Charlie Schaal, a fellow board member met with our Operations

NCO and Uniform Commander. We have had 150 calls for service to that place in the last 12 months and less

than stellar cooperation!! At this morning's meeting it was clear that the Mental Health representatives have also

been receiving complaints, not only the police.

This matter is "front and center" on our radar and we have the anticipated cooperation of the executive that met with

us this morning in moving forward. So, we welcome this on the agenda and will bring our people whom are directly

involved in addressing it.

I have also copied the Executive members identified above this correspondence as it's important that they see this letter

of complaint and they may well wish to attend this Police Services Committee meeting too.

Regards,

Kevin

Inspector KJ.P. Hewco

OIC North Cowichan/Duncan Detachment

Telephone: (250)746-2104

Fax:(250)746-2126


Page 8 of 21


From: [email protected] [mailto:[email protected]]

Sent: July 1, 2011 10:07 AM

To: Nancy Tates

Cc: [email protected]; Anne Olsen; Tom Walker

Subject: Re: Lewis Streeet & Warmland House

Ms. Tates

Nancy

Hello. I hope things are going well. Would it be possible for representatives from our agency to atend the

Police Services Committee meeting. I am speaking for our entire Board when I say we have concerns

with Warmland House. We have a new Executive Director, Anne Hodge, who has been working to address

them. These efforts also involve arranging meetings with other agencies and members ofthe community to

make sure we identify all the issues that need to be addressed, such as the meeting with the RCMP yesterday

that Kevin alluded to. At that meeting we established eight action points that include developing a protocol

with the RCMP and the management/staff at Warmland House to ensure the level of cooperation one would

expect.

It is unfortunate Ms. Stirling had to write a letter to your office. There should have been a working group in

place, which we thought there was, to identify and deal with concerns before they become major issues. I can

only imagine her frustration though not only with the situation but also when she approached management at

Warmalnd House and was provided with the"no comment" response.

Being at the meeting will provide us with the opportunity to assure everyone we are concerned with what has

been transpiring, that we have been in the process of identifying all the issues, that we are committed to

working with all parties to change things and that we have already been taking action. Thanks very much.

Howard

Howard Goodridge

Interim President

CMHA - Cowichan Valley Branch

HomePh: 250-715-1774


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FEDERATION FEDERATIONOF CANADIAN CANADIENNE DESMUNICIPALITIES MUNICIPALITY

2011 FCM Annual Conference

Emergency Resolutions

Congres annuel de la FCM 2011

Resolutions d'urgences

CSCP11.2.03

Licenses issued under Health Canada's Medical MarihuanaJVccess Regulations 7

May 26,2011Emergency resolution

CSCP11.2.03

CANADA'S MEDICAL MARIHUANA ACCESS

^SSS^XS^l^ls^ inTf9 nu7ber of licenses under •» Marihuanato allow the cultivation and processing of marijuana

t0 Fed®ra,!.priVaCy le9|slatlon Heal*h Canada does not have a process inmuniapalrty when a llcense ls lssued for « site within the tSSSS^

WHEREAS Based on the experience of local governments, these Health Canada licensedmed ca manjuana grow operations are not generally compliant with munidp^a^n^rprovmaal electrical, fire, health, safety and/or building regulations?and *

h^lft^nubit^r^ llcensed,medlcal mar|i"ana grow operations are often creatingneaith and pubhc safety concerns and are also causing odour and other nuisance concerns«n the communities within which they are located; therefore be it usance concerns

Medicinal Marijuana Licences

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RESOLVED That The Federation of Canadian Municipalities urge Health Canada to takeimmediate action to amend its legislation and regulations to require that any applicant for alicense under the Marijuana Medical Access Regulations for the purpose of cultivation and/orprocessing of marijuana for medical purposes be required to obtain a municipal license orpermit that demonstrates that the proposed location for the growing operation is compliantwith all local bylaws and all electrical, fire, health, building and safety regulations prior toissuing a license by Health Canada for such a growing operation

City of Surrey, British ColumbiaFCM Big City Mayors' Caucus

Background from sponsor:

Based on Court decisions in 2003, Health Canada was mandated to provide a framework for

persons to gain access to a legal supply of marihuana seeds and/or dried marihuana for

medical purposes. This resulted in Health Canada introducing the Medical Marijuana Access

Regulations (MMAR) under which licenses are issued to allow persons to legally grow andpossess marijuana for medical purposes.

Currently, in BC, 1,773 medical doctors have signed 3,627 patient authorizations to legally

possess medical marijuana. This is the highest authorization level in Canada.

Approximately 30% of the licenses are designated "person production licenses" where the

licensed individual can grow medical marijuana for other persons who are authorized to

possess medical marijuana. Applications for MMAR "personal use production licenses" havetripled Canada-wide in the past two years to over 350 per month.

Provincial and Municipal Roles:

Health Canada has no procedure in place to disclose the location of a MMAR license holder

because of federal privacy legislation concerns. Local governments have no knowledge of

the location of such marijuana growing operations to ensure that appropriate permits are

issued and inspections conducted so that the buildings/sites containing medical marijuana

grow operations meet all necessary building, fire and electrical safety regulations and thatthey do not create a nuisance to others.

There is no legal reason standing in the way of Health Canada imposing a requirement that

as part of its MMAR application process the applicant must proceed through a concurrent

application process with the local government (within which the growing operation will take

place) to obtain all necessary local permits and licenses from the local government prior to

the issuance of the MMAR license by Health Canada.

Of particular concern to local governments with respect to MMAR grow operations is

community public safety and nuisance concerns that they create. Medical marijuana growing

operations are creating a public and emergency responder safety hazard with respect to

electrical wiring that is often improperly installed in such operations, "grow rips" by criminals

and the deleterious effects on the building within which the growing operation is located

when there is inadequate ventilation and other related infrastructure to property support the


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growing operation. The growing operations also create a nuisance to surrounding propertiesby way of odour that they create when they are not properly located and/or ventilated.

Resolution for Consideration of the Big Citv Mayors' Caucus:

Based on \he above, it is recommended that the resolution attached as Appendix "A" beendorsed by the Big City Mayors' Caucus (BCMC) and forwarded to the 2011 FCMConvention for consideration by the general membership. The Resolution requests thatHealth Canada amend the current MMAR licensing process such that a license or permit forthe marijuana growing operation must be issued to the applicant by the local government inadvance of the MMAR license being issued by Health Canada.

FCM Background Research and Assessment:

Background

Administered by Health Canada, the Marihuana Medical Access Regulations (MMAR)permits access to marihuana for medical use for Canadians needing such treatment. Onceapproved under the MMAR, individuals have three options for obtaining marihuana:

1. They can apply under the MMAR to access Health Canada's supply of marihuana;2. They can apply for a personal use production license under which they can cultivate

and process marihuana for their own use; or

3. They can designate someone with a designated-person production license tocultivate and process marihuana on their behalf.

In 2009, FCM adopted resolution CSCP09.3.03 - LICENSES ISSUED UNDER MEDICALMARIHUANA USE REGULATIONS. The resolution was submitted by the same sponsor asthe current resolution and it raised the same issue. FCM subsequently wrote a letter to theminister in which the concerns of municipalities with the MMAR were laid out. In herresponse letter, the minister advised: "it is not the mandate of Health Canada to verify thesafety standard of each production site."

Canadian fire services departments are finding that marihuana growers licensed under theMMAR are not adhering to zoning, fire and safety regulations. This may be due to the lack ofknowledge of the requirements, lack of enforcement or to avoid exposing themselves tocriminal activity by keeping the operation as low key as possible. Whatever the reason,MMAR license holders are often performing electrical wiring and equipment installationsthemselves, often without knowledge of safe electrical practices.

As local governments conduct public safety inspections of houses suspected of containingillegal grow operations, they are encountering an increased number of legal medical growoperations that share the same hazards as the illegal operations.

Current Status

Since FCM wrote the letter to the Minister of Health in 2009, Health Canada has consultedwith a number of municipalities and has met with FCM Standing Committee on CommunitySafety and Crime Prevention. Health Canada has made it clear that it wants to work with

9


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FCM to change the program in a way that will address the concerns of municipalities. That

being said, progress on this file has been slowed by the recent federal election.

Analysis

According to Health Canada, individuals licensed under the MMAR are required to observe

all applicable laws, including bylaws on zoning, fire hazards, and safety. However, as the

resolution accurately notes: based on the experience of local governments, these Health

Canada licensed medical marijuana grow operations are not generally compliant with

municipal bylaws and/or provincial electrical, fire, health, safety and/or building regulations.

Therefore, notes The resolution, Health Canada licensed medical marijuana grow operations

are often creating health and public safety concerns and are also causing odour and other

nuisance concerns in the communities within which they are located.

Furthermore, the sponsor of the resolution states that Health Canada does not have a

process in place to notify a municipality when a license is issued for a site within the

municipality's jurisdiction. While there is a process for municipality to verify the validity of a

licensed grower, this can only be done when a delinquent grow operation and the individual

responsible for it have been identified by local authorities, after the fact.

Assessment and Recommendation(s)

Fire and Police Chiefs as well municipal governments have expressed grave concern over

the health, safety and welfare of the public, as well as firefighters and other municipal staff,

who unsuspectingly and increasingly come in contact with the dangers associated with

marihuana grow operations. Evidence suggests that medical marihuana grow operations

represent the same threat to public safety as illegal grow operations. Growing marihuana

indoors—legally or not—results in health, fire and safety hazards.

While Health Canada has been opened to changing the MMAR, and has been consulting

municipalities carefully, it has so far failed to announce any changes, alrhough we expect an

announcement soon. The present resolution submitted for consideration to BCMC and at

FCM's Annual Conference, although almost identical to the one submitted by the City of

Surrey in 2009, represents a timely opportunity to put added pressure on Health Canada.

2011 EXECUTIVE COMMITTEE RECOMMENDATION: That this resolution be referred to

the Annual Conference with a Category "A"; concurrence.

2011 ANNUAL CONFERENCE DECISION:

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Municipality of C-AJI XNorth Cowichan

7030 Trans Canada Highway, Box 278

Duncan, BC V9L 3X4

Telephone: (250) 746-3100

Fax: (250) 746-3133

www.northcowichan.ca

May 10, 2011 Files: 0410-20 MOH

3900-50 GROW

The Honourable Leona Aglukkaq, PC, MP

Health Canada

Brooke Claxton Building, Tunney's Pasture

Postal Locator: 0906C

OTTAWA, ON K1A0K9

Dear Minister

Re: Municipalities and Medicinal Marijuana Licencing

The Mayor and Council of the Municipality of North Cowichan join with other municipalities in urging support

from your government to make changes to the current medicinal marijuana licencing program in Canada

under the Controlled Drugs and Substances Act.

We believe that under the existing program there is an inadequate system of inspections, controls and

enforcement, which creates a risk of danger to our citizens and emergency responders. We point out that

municipalities are not informed about licences issued within their jurisdiction. This has led to problems

ensuring that licenced grow operations conform to building regulations and other safety requirements in our

communities.

Our firefighters and law enforcement personnel face potential hazards when they respond to calls at these

operations because many of these facilities have inadequate electrical and other building safety systems

due to lack of information and legal authority to properly monitor and inspect licenced operations under the

existing program.

North Cowichan's RCMP Detachment Inspector advised that last year, virtually in every instance where his

officers executed a search warrant on a suspected "grow operation," the operation was duly licenced, but

was producing far in excess of the limits prescribed by their licence.

Accordingly, we encourage you to consider reforms such as those set out in the attached letter from the City

and Township of Langley, BC, which was directed to your Ministry on March 9, 2011, and was circulated

throughout municipalities in British Columbia. We believe a new approach is needed to ensure that any

licencing program is conducted in a safe and well-regulated manner.

Sincerely

Tom Walker

Mayor

Enclosure

pc: Council

Jean Crowder, MP

£m\i^twmay10.2011lao_Aglukkaq_MedicinaLMarijuana.docx


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BRITISH JUL °l 2011COLUMBIA NOR^TS,°CFHAN

JUN 20 2011

His Worship Tom Walker

Mayor of the Municipality of North Cowichan

PO Box 278

Duncan BC V9L 3X4

Dear Mayor Walker:

I am responding to your May 9, 2011 letter regarding costs associated with major crime

investigations. I apologize for the delay in my reply.

Under the Police Act, as the Minister, I am required that an adequate and effective level of

policing is maintained to ensure public safety. Municipalities are required to provide policing

with a police force of sufficient strength to enforce the laws and maintain law and order.

Municipalities are expected to prevent, respond and solve all crime issues within their

communities. Sometimes local police do not have the capacity or the expertise to adequately

respond to a criminal incident and the RCMP may bring in a specialized unit to provide some or

all of the required services.

I appreciate your concern that unanticipated policing costs stretch budgetary resources. Policing

is dynamic, not static, and from time to time all levels of government incur costs over and above

their established police budgets in order to adequately deal with crimes in their communities.

Some communities set aside a contingency fund for this very reason.

The provincial government has always acknowledged that there are extraordinary cases where it

is unreasonable to expect municipalities to pay all of the costs associated to a specific crime

and/or investigation. In the past, the provincial force has assisted municipalities, including

Kelowna, Port Coquitlam, Vancouver, and most recently Surrey, with major investigations.

However, even in these extraordinary cases, municipal governments still have an obligation to

pay some share of the costs. The incident in Campbell River is an example where the RCMP

brought in a specialized unit to assist with the investigation and the costs were shared between

the municipality and the provincial force.

Ministry of

Public Safety

and Solicitor General

Office of the

Minister

Mailing Address:

PO Box 9053 Stn Prov Govt

Victoria BC V8W 9E2

Major Crime Investigation Costs

Page 19 of 21

His Worship Tom Walker

Page 2

As you may know, one of the key themes for the Provincial RCMP Contract Negotiation Team is

cost containment and affordability. As all levels of government are facing financial pressures,

cost-related items continue to be one of the most difficult issues to negotiate. Another key theme

of the contract negotiations is accountability; the Provinces and Territories have emphasized that

our relationship with the RCMP is a partnership and, as partners, provinces/territories and local

governments expect to be consulted on any major policy and financial issues.

The British Columbia RCMP Contract Negotiation Team has been meeting with the Local

Government Working Group since the spring of 2008 in order to ensure that the Province is

informed of municipal interests and well placed to raise these issues at the negotiation table. The

Local Government Working Group has provided essential advice and support throughout the

contract renewal process. If you have something additional to add we would certainly appreciate

your views.

In addition, the Province has committed to establishing a Local Government Contract

Management Committee with representatives from large and small, urban and rural areas to

ensure ongoing communication and consultation occurs on changes that may impact the cost,

quality or services provided by the RCMP.

The Provincial Negotiation Team will continue to represent your interests at the negotiating table

and work towards an agreement that includes benefits to all local governments.

Thank you for writing.

Sincerely,

irley Bond

Solicitor General


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Municipality of

North Cowichan7030 Trans Canada Highway, Box 278

Duncan, BC V9L 3X4

Telephone: (250) 746-3100

Fax:(250)746-3133

www.northcowlchan.ca

May 9, 2011 File: 7610-30

The Honourable Shirley Bond, M.L.A

Minister of Public Safety and Solicitor General

PO BOX 9290 STN PROV GOVT

VICTORIA, B.C.V8W9J7

Dear Minister

Re: RCMP Cost Downloading - Major Crime investigations

I am writing you with respect to a matter of concern for the Municipality of North Cowichan; indeed for

all local governments1 in our Province who pay a share toward their policing services. I have attached a

copy of a resolution sponsored by our municipality at last year's convention of the Union of BC

Municipalities (UBCM). The resolution, which is self-explanatory, was passed unanimously.

We have now received your Ministry's response to the resolution and frankly, it does not adequately

address the issue at hand. Imagine for a moment that the City of Port Coquitlam had been billed for

the full scope of the Robert Picton investigation; because this, in essence, is what your present policy

seems to allow.

The City of Campbell River has already had firsthand experience in this process. A gang war related to

the drug trade (that appears to have originated well outside of their community), resulted in a murder

committed within Campbell River City limits. The local government received a bill for the investigation.

Local governments such as ours are already hard-pressed to pay for police and protective services.

There is a very real possibility that we could face unforeseen retroactive costs for criminal

investigations that have not been budgeted for, this is simply not realistic.

I would urge you to reconsider this policy. Negotiations on a new RCMP contract are ongoing, and now

would be an ideal time to provide the assurance of financial stability to local governments across the

province.

Sincerely

Tom Walker, Mayor

twmay5.2011_SoUdtor GeneraLRCMP Cost Downloading


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MUNICIPALITY of North Agenda€¦ · Mayor Tom Walker (ex -officio) Also Present Insp. Kevin Hewco,...

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