situations requiring Council direction where time does not permit holding a special meeting of Council and/or quorum of Council cannot physically convene to consider a matter. The results of a poll must be confirmed and ratified at the next public meeting of Council”.
Discussion:
On June 1, 2020, the City of Windsor received a request for written submissions regarding an application for a Cannabis Retail Store Authorization at 1326 Ottawa Street Unit 1A from the Alcohol and Gaming Commission of Ontario (AGCO). Submissions are provided to the Applicant for response and considered by the Registrar in the authorization decision.
Under the provisions of the Cannabis License Act, 2018, municipalities have 15 days to deliver written submissions. Administration gathered comments and compiled them in the attached administrative report dated June 8, 2020 with comments due to the AGCO by June 13, 2020.
Given the tight timelines, Mayor Dilkens authorized the Deputy City Clerk to conduct an email poll pursuant to Section 3.7 of the Procedure By-law 98-2011.
During this email poll, Councillor Gignac asked the following question:
“The Parks department indicates Lanspeary Park is within 150 meters with Playgrounds, Recreation etc. Does this not make it in contravention of our adopted policy”?
George Robinson, the author of the subject administrative report, provided the following in response that question and to clarify:
“The Cannabis Policy Statement does not indicate a radius from public parks where they would be opposed. It does indicate cannabis stores should be opposed "Within any identified publicly owned and or operated community facility performing a public assembly function analogous to a school, such as recreational facilities, community centres, libraries, play grounds and public park." Section 1 of the policy statement also states that "retail cannabis stores are discouraged where nearby properties are servicing youth and vulnerable individuals" but does not provide a minimum separation distance.
The Cannabis Policy Statement allows for "comments on any other relevant factors of local importance" and lists the Department of Parks, Recreation and Culture as a commenting body for the reports to Council”.
As a result of the poll, the recommended resolution to support the retail cannabis application was passed by all members of Council unanimously.
Risk Analysis:
In light of the ongoing COVID-19 pandemic, and the rapid rate at which the situation is changing, the attached administrative report was put forward for Council’s consideration via email poll as it was an emergency situation requiring Council direction given that