Community and Protective Services Committee Comité des services communautaires et de protection MINUTES 13/ PROCÈS-VERBAL 13 Wednesday, 15 February 2012, 9:30 a.m. le mercredi 15 février 2012, 9 h 30 Champlain Room, 110 Laurier Avenue West Salle Champlain, 110, avenue Laurier ouest Present / Présents : Councillors / Conseillers M. Taylor (Chair / Président), S. Qadri (Vice-Chair / Vice-président), R. Chiarelli, M. Fleury, K. Hobbs, D. Holmes Regrets / Excuses: Councillor / Conseiller E. El-Chantiry DECLARATIONS OF INTEREST DÉCLARATIONS D’INTÉRÊT No declarations of interest were filed. CONFIRMATION OF MINUTES RATIFICATION DES PROCÉS-VERBAUX Minutes 12 of the meeting held on Thursday, 19 January 2012 were confirmed. CITY OPERATIONS OPÉRATIONS MUNICIPALES COMMUNITY AND SOCIAL SERVICES SERVICES SOCIAUX ET AUX COMMUNAUTÉS 1. UPDATE ON THE TRANSITION OF COMMUNITY DEVELOPMENT FRAMEWORK (CDF) AND ALLOCATION OF FUNDS TO SOUTH EAST OTTAWA COMMUNITY HEALTH AND RESOURCE CENTRE MISE À JOUR SUR LA TRANSITION DU CADRE DE DÉVELOPPEMENT COMMUNAUTAIRE (CDC) ET ALLOCATION DE FONDS AU CENTRE DE RESSOURCES ET DE SANTÉ COMMUNAUTAIRES DU SUD-EST D’OTTAWA ACS2012-COS-CSS-0003 CITY WIDE / À L'ÉCHELLE DE LA VILLE ?This item can be found at 18:00 on the Community and Protective Services Archived audiocast REPORT RECOMMENDATION: That Community and Protective Services Committee recommend that Council approve the new direction of the Community Development Framework (CDF) model outlined in this report, including the allocation of the annual funding of $255,000 for the community development activities outlined in this report to the South East Ottawa Community Health and Resource Centre, acting as the lead community partner for the Coalition of Community Health and Resource Centres, The Committee received an overview of the staff report and recommendations from: * Steve Kanellakos, Deputy City Manager, City Operations * Aaron Burry, General Manager, Community and Social Services * Jo-Anne Poirier, Chief Executive Officer, Ottawa Community Housing * Leslie McDiarmid, Executive Director, South-East Ottawa Community Health Centre A copy of their PowerPoint presentation is held on file. The Committee heard from the following delegations: 1) Chris Ellis, Overbrook – Forbes Community 2) Yvonne Dorsey, Volunteer and Tenant – Heather Manor - No Community Left Behind Neighbourhoods 3) Inspector Michael Rice, Theresa Ladouceur, Amanda Fitzgerald, Sheila Cameron, Carlington CDF 4) Emilie Hayes and Amanda Bigeau, Somerset West Community Health Centre All delegations spoke highly of the Community Development Framework and in favour of the report. The majority of delegations submitted speaking notes or presentations which are held on file with the City Clerk’s office. Following the presentation and delegations staff and delegations responded to members’ questions. The report recommendation was then put to Committee and CARRIED, as presented. 2. CREATION OF A TWELVE BED BEHAVIOURAL SUPPORT UNIT IN THE BUNGALOWS OF THE PETER D. CLARK LONG TERM CARE HOME CRÉATION D’UNE UNITÉ DE SOUTIEN COMPORTEMENTAL DE DOUZE LITS DANS LES PAVILLONS DU FOYER DE SOINS DE LONGUE DURÉE PETER D. CLARK ACS2012-COS-CSS-0004 COLLEGE (8) ?This item can be found at 16:30 on the Community and Protective Services Archived audiocast REPORT RECOMMENDATION: That the Community and Protective Services Committee recommend that Council approve that staff work with the Champlain Local Health Integration Network (LHIN), Champlain Community Care Access Centre (CCAC), The Royal Ottawa Mental Health Centre (ROMHC), the Alzheimer’s Society, and other community partners at the discretion of the Manager, Operations Branch, to develop a proposal to the Champlain LHIN to establish a 12 bed Behavioural Support Unit (BSU) in the Peter D. Clark Long Term Care Home Bungalows as outlined in this report, and upon acceptance of the proposal by the Champlain LHIN, to implement the proposal subject to the requirements as outlined in this report. CARRIED EMERGENCY AND PROTECTIVE SERVICES SERVICE DE PROTECTION ET D’URGENCE 3. EXPANDING SMOKE-FREE SPACES- LET’S CLEAR THE AIR: A RENEWED STRATEGY FOR A SMOKE-FREE OTTAWA AJOUT D’ESPACES SANS FUMÉE – PURIFIONS L’AIR : UNE STRATÉGIE RENOUVELÉE POUR UN OTTAWA SANS FUMÉE ACS2012-COS-EPS-0012 CITY-WIDE / À L’ÉCHELLE DE LA VILLE ?This item can be found at 01:12:40 on the Community and Protective Services Archived audiocast REPORT RECOMMENDATIONS: That the Community and Protective Services Committee recommend that Council: 1. Receive the Board of Health Report “Let’s Clear the Air: A Renewed Strategy for a Smoke-Free Ottawa” (Document A), and the disposition from the Board of Health February 6, 2012 meeting (Document B); 2. Approve the amendments to its By-laws to provide for more smoke-free spaces as follows: a) The Parks and Facilities By-law (By-law No. 2004-276) to prohibit smoking on all municipal properties such as parks, beaches, sports fields and outdoor areas around City facilities, as detailed in Document 3; b) The Parkdale Market By-law (By-law No. 2008-448) and ByWard Market Program By-law (By-law No. 2008-449) to require the holder of a stand permit to ensure smoking is not permitted in the stand, as detailed in Document 4; c) With respect to patios: i. The Public Places By-law (By-law No. 2001-148) to prohibit smoking on an outdoor patio located on private property, as detailed in Document 5; ii. The Encroachment By-law (By-law No. 2003-446) to require the holder of an encroachment permit for a patio located in the right-of-way to ensure that smoking is not permitted on the patio, as detailed in Document 6. The Committee received an overview of the staff report and recommendations from: * Councillor Diane Holmes, Chair of the Board of Health * Dr. Ira Levy, Medical Officer of Health, Public Health * Susan Jones, General Manager, Emergency & Protective Services A copy of their PowerPoint presentation is held on file. Following the presentation, staff responded to member’s questions. Concerns were expressed by Councillor Chiarelli on the lead time and communications on this issue given that some businesses have spent fair sums of money renovating their patios. Staff stated that this item has been discussed for some time and that Public Health has held consultations since September 2011. Every attempt is made to notify, communicate and consult far in advance of any By-law changes. Councillor Fleury had legal questions regarding in and out privileges for patrons at bars and restaurants and if the owner of the establishment is responsible. Mr. Rick O’Connor, City Clerk and Solicitor stated that if the owner of the establishment allowed a patron to leave a patio without paying to smoke on the encroachment or allowed a patron to go in and out to smoke, there could be a potential permit violation and it would be reviewed with By-law Services. The Committee heard from the following delegations: 1) Toni Najem, Firkin Group of Pubs 2) Kenneth C. Johnson, PhD, Epidemiologist, Department of Epidemiology and Community Health, University of Ottawa 3) Doug McGoldrick 4) Debbie Tirrul, Nurse Practitioner, Smoking Cessation Counsellor, Somerset West Community Health Centre 5) Pippa Beck, Policy Analyst, Non-Smokers’ Rights Association 6) Robert Walsh, PhD, Executive Director, Canadian Council for Tobacco Control 7) Suzanne Friedlaender and Carmela Graziani, Ottawa Council on Smoking and Health 8) Phil Wasserman, Owner, Courtyard and Mama Grazzi’s Restaurants 9) Cynthia Callard, Executive Director, Physicians for a Smoke-Free Canada 10) Sheila Perry, Chair, Parks and Recreation Advisory Committee 11) Jim Kargakos 12) Janice Forsythe 13) Jasna Jennings, Executive Director, ByWard Market BIA 14) Melodie Tilson Many of the delegations had submitted speaking notes or presentations to the coordinator and are held on file with the City Clerk’s office. Of the 14 delegations, 12 were in favour of the staff recommendations and 2 opposed. Following the public delegations, staff responded to member’s questions. MOTION No. CPS 13/1 Moved by Councillor D. Holmes WHEREAS City facilities, including parks, beaches and administrative buildings, present opportunities for recreation, sport, leisure, and well being; and WHEREAS the City of Ottawa as owner of such facilities can regulate and/or prohibit certain types of conduct on its property; and WHEREAS the use of lighted water pipes and similar smoking implements generate smoke and odours, that are, or can be, a nuisance to persons using and enjoying such City facilities; and WHEREAS the City may regulate and prohibit matters with respect to public nuisances pursuant to Section 128 of the Municipal Act, 2001; THEREFORE BE IT RESOLVED that the Community and Protective Services Committee recommend to City Council, that staff be directed to review the Parks and Facilities By-law and report back on the appropriate methods to prohibit lighted water pipes and similar smoking implements at all City parks, beaches, facilities, including administrative buildings. CARRIED MOTION No. CPS 13/2 Moved by Councillor D. Holmes WHEREAS the availability of contraband tobacco undermines tobacco prevention and control efforts by failing to protect children and youth from the dangers of smoking; to reduce smoking rates and to increase quit attempts; and WHEREAS according to the 2009 Ontario Student Drug Use and Health Survey (OSDUHS), 60% of secondary school students (13-18) who are current smokers in Ottawa reported smoking contraband cigarettes; and WHEREAS Ontario took new steps to reduce the contraband tobacco by expanding the search and seizure powers through the passing of Bill 186 - Supporting Smoke-Free Ontario by Reducing Contraband Tobacco Act, 2011; and WHEREAS the Smoke Free Ontario Act provides tobacco enforcement officers with powers to carry out inspections of tobacco vendors with certain specified search and seizure powers, but there may be circumstances where there their authority to inspect and potentially seize contraband tobacco products is unclear; THEREFORE BE IT RESOLVED that the Community and Protective Services Committee recommend to Council that the Mayor write a letter to the Ontario Minister of Finance requesting clarification with respect to the authority of tobacco enforcement officers to inspect and seize contraband tobacco and, if necessary, provide additional authorization pursuant to the Tobacco Tax Act or amend the above-noted legislation as required. CARRIED MOTION No. CPS 13/3 Moved by Councillor R. Chiarelli WHEREAS businesses, in consultation with city staff, spend money to achieve business objectives in a manner that conforms to regulations; and WHEREAS Public Health develops and researches potential by-law related measures significantly in advance of legislative consideration by Council and or the Board of Health THEREFORE BE IT RESOLVED that the Board of Health be asked to work with By-Law Services and our BIAs to advise those businesses which consult with them of pending policy proposals. CARRIED MOTION No. CPS 13/4 (technical amendment) Moved by Councillor D. Holmes That in document 5, Clause (2)(a) delete the word “are” and replaced it with the words “may be”. CARRIED The report recommendations and amendments were then put to Committee. That the Community and Protective Services Committee recommend that Council: 1. Receive the Board of Health Report “Let’s Clear the Air: A Renewed Strategy for a Smoke-Free Ottawa” (Document A), and the disposition from the Board of Health February 6, 2012 meeting (Document B); 2. Approve the amendments to its By-laws to provide for more smoke-free spaces as follows: a) The Parks and Facilities By-law (By-law No. 2004-276) to prohibit smoking on all municipal properties such as parks, beaches, sports fields and outdoor areas around City facilities, as detailed in Document 3; b) The Parkdale Market By-law (By-law No. 2008-448) and ByWard Market Program By-law (By-law No. 2008-449) to require the holder of a stand permit to ensure smoking is not permitted in the stand, as detailed in Document 4; c) With respect to patios: i. The Public Places By-law (By-law No. 2001-148) to prohibit smoking on an outdoor patio located on private property, as detailed in Document 5; ii. The Encroachment By-law (By-law No. 2003-446) to require the holder of an encroachment permit for a patio located in the right-of-way to ensure that smoking is not permitted on the patio, as detailed in Document 6. 3. Direct staff to review the Parks and Facilities By-law and report back on the appropriate methods to prohibit lighted water pipes and similar smoking implements at all City parks, beaches, facilities, including administrative buildings. 4. Request that the Mayor write a letter to the Ontario Minister of Finance requesting clarification with respect to the authority of tobacco enforcement officers to inspect and seize contraband tobacco and, if necessary, provide additional authorization pursuant to the Tobacco Tax Act or amend the above-noted legislation as required. 5. Ask the Board of Health to work with By-Law Services and our BIAs to advise those businesses which consult with them of pending policy proposals. 6. Delete the word “are” in document 5, Clause (2)(a) and replace it with the words “may be”. CARRIED, as amended COUNCILLORS’ ITEMS ARTICLES DES CONSEILLERS COUNCILLOR / CONSEILLER MARK TAYLOR 4. REALLOCATION OF CAPITAL FUNDS FROM BELLTOWN DOME ADDITION TO RON KOLBUS/LAKESIDE GARDENS COMMUNITY CENTRE RÉAFFECTATION DU FONDS POUR DÉPENSES EN CAPITAL DE L’AJOUT AU DÔME BELLTOWN AU CENTRE COMMUNAUTAIRE RON-KOLBUS LAKESIDE ACS2012-CMR-CPS-0003 BAY / BAIE (7) ?This item can be found at 02:57:41 on the Community and Protective Services Archived audiocast REPORT RECOMMENDATION: That the Community and Protective Services Committee approve that the $1.067M balance of capital project funds from the Belltown Dome improvement project be re-allocated for improvements to the Ron Kolbus/Lakeside Gardens Centre. Dan Chenier, General Manager, Parks, Recreation and Cultural Services gave a brief summary of the monies allocated to Belltown Dome and that due to soil conditions the original work set for $1.19 million was now $3.65 million and work was halted by the contractor. Mr. Chenier stated that that Belltown Dome and its ice surface would stay and remain in the cycle for maintenance but that the addition planned for would not proceed without more funds. The Committee heard from the following delegation: Alex Cullen, resident of Bay Ward and former Councillor, was pleased to hear that Belltown Dome would remain and be maintained as it is a well-used facility. However, he wants to ensure that proper consultation is followed on any changes. Following the presentation and delegation, members of the Committee had questions for staff. Chair Taylor, Councillor for Bay Ward stated that public consultation would take place on any changes taking place on the Ron Kolbus Centre. The report recommendation was then put to Committee and CARRIED, as presented. INFORMATION PREVIOUSLY DISTRIBUTED INFORMATION DISTRIBUÉE AUPARAVANT A. PAINT IT UP PROGRAM 2011 ANNUAL PROGRAM RESULTS – INFORMATION REPORT - IPD P PROGRAMME A VOS PINCEAUX RESULTATS DU PROGRAMME DE 2011 - RAPPORT D’INFORMATION - IDA ACS2012-COS-PWS-0002 - IPD CITY-WIDE / À L’ÉCHELLE DE LA VILLE ?This item can be found at 00:45:10 on the Community and Protective Services Archived audiocast RECEIVED NOTICE OF MOTION (FOR CONSIDERATION AT SUBSEQUENT MEETING) AVIS DE MOTION (POUR EXAMEN LORS D’UNE RÉUNION SUBSÉQUENTE) ?This item can be found at 03:20:21 on the Community and Protective Services Archived audiocast Councillor Taylor WHEREAS 1397 Richmond Road is a City owned property and the location of Ottawa Fire Station Number 22; and WHEREAS this property includes undeveloped and unused green space behind the Fire Station; and WHEREAS Ottawa Fire Services has confirmed that it has no present or future operational need for the undeveloped space behind the Fire Station and are agreeable to its conversion to community use; and WHEREAS Winthrop Court is an Ottawa Community Housing development immediately adjacent to the Fire Station property, with no green space or park amenities within a reasonable distance; and WHEREAS the residents of Winthrop Court would benefit greatly from having convenient access to a park with active play opportunities in close proximity to their homes; and WHEREAS formal dedication of the green space area would facilitate its development into a neighbourhood park; THEREFORE BE IT RESOLVED THAT the green space portion of the property behind Fire Station 22 at 1397 Richmond Road be dedicated as a park. ADJOURNMENT LEVÉE DE LA SÉANCE The meeting adjourned at 12:45 PM Committee Coordinator Chair Note: 1. Please note that any written or verbal submissions (including names but excluding personal contact information) will form part of the public record and be made available to City Council and the public. 2. Except where otherwise indicated, reports requiring Council consideration will be presented to Council on 22 February 2012 in Community and Protective Services Committee Report 12. Nota: 1. Veuillez noter que toute présentation écrite ou orale (accompagnée des noms, mais sans coordonnées) sera versée aux dossiers publics et sera mise à la mise à la disposition du Conseil municipal et de la population. 2. À moins d’avis au contraire, les rapports nécessitant un examen par le Conseil municipal seraient normalement présentés au Conseil le 22 février 2012 dans le rapport 12. COMMUNITY AND PROTECTIVE SERVICES COMMITTEE MINUTES 13 15 FEBRUARY 2012 10 COMITÉ DES SERVICES COMMUNAUTAIRES ET DE PROTECTION PROCÈS-VERBAL 13 LE 15 FÉVRIER 2012