Pubdate: Wed, 16 Apr 2014
Source: Tribune, The (CN ON)
Copyright: 2014, Osprey Media Group Inc.
Contact: http://www.wellandtribune.ca/letters
Website: http://www.wellandtribune.ca/
Details: http://www.mapinc.org/media/2807
Author: Maryanne Firth

PORT COLBORNE COUNCILLORS RELUCTANTLY PASS POT BYLAW

Medicinal Marijuana: 'Give Us An Out And We'll Jump All Over It, But 
There Isn't'

It was with a "sense of defeat in their voices" that Port Colborne
councillors passed a bylaw Monday night concerning commercial medical
marijuana facilities in the city.

As councillors each stood to share their thoughts on the growing
industry in the lakeside city, there was no triumph in their words,
only recognition of the reality of the situation, Mayor Vance Badawey
said.

"You hear both sides, try to be fair, try to strike a balance" between
concerned residents and new business, he said, but that's made
difficult when an issue is "dumped" in the lap of municipalities that
are given little to no control by the federal government.

New legislation, which came into effect April 1, regulates larger
production, processing and distribution of medical marijuana.
Commercial licences are issued by Health Canada.

While the grow operations must abide by municipal bylaws, they are
federally regulated.

To provide Port Colborne some say in where the facilities are erected,
the agricultural zoning bylaw amendment passed Monday was created. It
requires a 150-metre setback for medical marijuana facilities from
sensitive land uses, such as residences, and has provided council with
site plan control to oversee factors such as parking, screening to
reduce visibility of the facility, fencing and lighting on the property.

While a step in the right direction, the bylaw does not provide the
control the city would like to have over such facilities, Badawey said.

Under advisement from legal counsel, the city cannot prohibit the
grow-ops from setting up in Port Colborne, said Dan Aquilina, the
city's director of planning and development.

Some municipalities have chosen to prohibit the industry, but if
challenged at the Ontario Municipal Board it would likely be a losing
battle, he said.

Knowing taxpayers would ultimately foot the bill for what has been
suggested as an inevitable loss is not a responsible move, Badawey
added.

"But, this isn't over," he told a packed gallery of residents who came
to share concerns about an existing legal grow operation on Pinecrest
Rd.

"I think it's incumbent upon this council to take on a role of
leadership and send a message to the federal government: 'Come on
guys, enough is enough.'"

Badawey urged Health Canada to put a stay on all licencing until
studies can be completed on the implications of locating these
facilities near sensitive land uses.

"My view on medical marijuana is it's a big bunch of BS," Ward 1 Coun.
Bill Steele told the crowd.

"I don't think this business is good for Port Colborne. I could sit
here and say 'No, I'm against this. Let's throw it out of the City of
Port Colborne' ... but it's reality," he said.

"Let's close the door somewhat, because we know we can't close it
totally."

Steele is awaiting proposed Official Plan changes coming to council in
the near future that will help drive marijuana developments toward
industrial areas.

Badawey said residents have made it clear that these types of
facilities belong in industrial zones - not on agricultural land
surrounded by homes.

"I'd urge the proponent to consider that, with incentive from the
municipality," Badawey said of the Pinecrest property, for which a
commercial licence has been applied for by Muileboom Organics Inc.

The greenhouses, used now for personal legal pot growth, are able to
continue operations in the meantime due to a federal court injunction
put in place that allows individuals users to continue growing their
own plants.

Ward 4 Coun. Barbara Butters admitted the bylaw is "not a perfect
solution," but "this seems to be our only way to protect the residents
who live out there."

Council, she said, is "relying on the proponent" to adhere to comments
made publicly about wanting to be a good neighbour and part of the
community.

"I hope that was being said in a sincere way," she
said.

"I wish there was something more carved in stone than that, but there
isn't."

Residents have previously shared worries of increased crime in the
neighbourhood, decreased property values and an impact on quality of
life due to odours from the Pinecrest facility.

Muileboom Organics president Marc Kealey said the company is prepared
to create a liaison committee to help address and mitigate resident
concerns.

The committee could be established immediately, tours of the facility
arranged and plans for the future shared, he said.

Ward 4 Coun. Ron Bodner assured Kealey that councillors are "going to
hold your feet to the fire" to ensure those words are adhered to.

- -----------------------------------------------

[sidebar]

What councillors said:

Ward 1 Coun. Dave Elliott:

"All we were looking for was a sliver (of hope). Give us an out and
we'll jump all over it, but there isn't," he said.

"This zoning bylaw is to benefit (residents). We know it's not much,
but it's the only thing we can do."

Ward 4 Coun. Ron Bodner:

"This is something that you kept looking for escape routes, looking
for options, looking at what other people are doing," he said.

"I will support this bylaw because I don't see any other
way."

Ward 2 Coun. Yvon Doucet:

"Right now we have no controls, which leaves us, Port Colborne,
totally open until we get something in place," he said.

"I think everyone has to understand this is a very difficult decision
to make, but we have to make it to protect everyone in the city."

Ward 4 Coun. Barbara Butters:

"We need to deal with it in the best way to protect residents across
Port Colborne."

"I'm at a loss to know how, other than this bylaw, we can do that
because of legal advice we've received. This seems to be our only way
to protect the residents who live out there."  
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MAP posted-by: Jo-D