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Recommendation: That the following actions
be taken with respect to the attached proposed Public Nuisance By-law entitled
“A by-law to prohibit and regulate public nuisances within the City of
London”, in order to address nuisance parties and gatherings;
a) the
Public Safety Committee (PSC) supports in principle the proposed Nuisance
By-law;
b) that
the proposed by-law BE REFFERED to a special PSC meeting to be held in
May 2012;
c) the
proposed by-law BE REFERRED to Civic Administration and the Town and
Gown Committee for further review;
d) the
Near Campus Strategy, including modification of zoning by-law, BE
CIRCULATED to Municipal Council and the Town and Gown Committee;
e) the
Civic Administration BE REQUESTED to contact the Ministry of Municipal
Affairs and Housing to discuss possible changes to the Planning Act to
restrict the number of students per household; and,
f) the
Town & Gown Committee BE REQUESTED to review the possibility of
enacting a Student Code of Conduct;
it being noted that
the Public Safety Committee heard the attached presentation from the
Manager, Bylaw Enforcement, and a verbal delegation from B. Duncan, Chief, and
received written submissions from the following, with respect to this matter;
• D.
Pellarin, dated April 2, 2012
• E. A.
Smuck, dated March 30, 2012
• H. W.
Rundle, dated March 30, 2012
• A.
Mahon, dated March 29, 2012
• F.
Fontaine, dated March 29, 2012
• M.
MacLean, dated March 29, 2012
• V. F.
Norejko, dated March 22, 2012
• C.
Engelmeyer, dated April 1, 2012
• G. Wild
& J. Kasperski Wild, dated April 2, 2012
• C.
Joles, dated April 2, 2012
it being pointed
out that at the public participation meeting associated with this matter, the
following individuals made an oral submission in connection therewith;
• Joe Hoffer, Cohen
Highley – advising that the London Property Management Association (LPMA)
supports the by-law; noting that LPMA has approximately 500 members; advising
that the LPMA rents to students and that the vast majority are good tenants;
indicating that this is of equal concern to all landlords, as all landlords
have an interest in their properties; recommending that the Council seek the
ability of the Province to get unpaid fines collected through the issuance/renewal
of drivers licenses; advising that a weakness is the prohibition of one or
any items such as litter on the lawn; recognizing that the intent is the
nuisance parties and indicating that it is overreaching as any citizen can
call the Police.
• Dennis Pellarin,
1019 Waterloo Street – providing comments as outlined in the attached
communication.
• O. Hobson, 43
Evergreen Avenue – expressing opposition to the proposed by-law; indicating
that the by-law is being rammed through as a quick fix; advising that it
increases the discretionary powers of the police; indicating that the police
are the after-hours by-law enforcement already; advising that there should
be an honest public review; enquiring as to why the failure happened;
indicating that there is no sense of respect, which needs to be taught;
requesting a review of the efforts being undertaken; advising that there have
been positive initiatives undertaken, such as the public gardens; indicating
that the prevention of the behavior should be focused on and advising that
this is not a positive by-law.
• Michael, resident
of London – suggesting that the preventative measures should be creative; and
that partying is the first priority for students, with learning being the
second priority.
• Derek McBurney,
#4-406 South Street – advising that a loophole of the by-law is that it
doesn’t determine how to handle a person who doesn’t take responsibility and
advising that small groups are invited to parties and it gets out of control.
• Pauline House,
resident of London – indicating that she lives in Huron Heights, Phase 1 and expressing
panic when a for sale sign goes up that her area is next, advising that
there should be no tolerance for these instances; advising that the residents
are working to engage the students; enquiring as to how this gets controlled
so that it doesn’t happen; advising that at 3:30 p.m. on St. Patrick’s Day,
students were throwing cups at cars and pedestrians on Cheapside Street;
enquiring as to how to make those responsible pay fines and enquiring as to
whether or not a limit on the number of students living in one house can be
enforced.
• Dave Jones –
enquiring as to who has the authority to order the by-law to be in effect;
and enquiring as to what constitutes a party; it being noted that Police
Chief Brad Duncan responded to Mr. Jones’ enquiries.
• Rene, resident of
London – expressing opposition to the by-law; and enquiring why the community
has to be punished for the actions of some students.
• Greg Anthony –
advising that he is a London Property Management Association member and a
real estate representative; advising that 1/3 of the group involved in the
March 17th incident were minors; enquiring as to how this by-law addresses
minors; and suggesting that parents be held accountable.
• Veronica Barahona,
Fanshawe Student Union – advising that this is not a campus issue; advising
that the by-law is too immediate and too reactive; recommending that the Town
and Gown Committee review this by-law as it targets students.
• Steve, resident of
London – indicating that he is a proud Fanshawe College graduate; advising
that he delivered a proactive proposal to Fanshawe College, the London Police
and Ward Councillors a couple of weeks ago; and enquiring as to why the Liquor
Control Board of Ontario is not contacted as to how minors were able to get
alcohol.
• Valerie Miretti,
resident of London – advising that she lives near the University of Western
Ontario and is currently attending Fanshawe College; indicating that the
proposed measures are fine and indicating that the citizens are helping.
• Patrick Searle,
University of Western Ontario Students Council – advising that students and
leaders support the economy; advising that the majority are good students,
with a few bad apples; enquiring as to who is responsible for the overflow on
someone else’s lawn; enquiring as to whether or not the proposed by-law is
proactive or reactive and encourage that everyone stand together.
• William Rosas –
indicating that the government has gone too far as the by-law restricts
freedom; advising that the by-law is too vague; indicating that allowing
discretion is too dangerous and that the by-law infringes on civil rights.
• Peter Tamburas –
advising that this is an ethical issue and enquiring as to how the incident
on Fleming Drive justifies the proposed by-law.
• Rocky Miretti –
expressing support for the proposed by-law; advising that the by-law shows
accountability; advising that it protects the integrity of the neighburhoods
in the community; advising that the number of rental properties is
increasing; and suggesting that someone look at repeat complaints about rental
properties and address the problem properties.
• Eugene Petroli –
enquiring as to whether Police receive advice when a party exceeds fire
by-laws; and recommending that students be proactively educated on the fire
code and acceptable occupancy.
• Wayne Hargrove,
resident of London – expressing support for the proposed by-law; advising
that he moved out of Fleming Drive in 2009 because his family feared for
their safety; advising that 3 or more people constitutes an unlawful assembly
and enquiring as to whether or not you can restrict the use of glass in
specific areas.
• Joanna – advising
that the by-law is reactive.
• Heather Enger – Hartlet
St – indicating that she doesn’t understand why these parties are held on the
front lawn; advising that she did not see the police on St. Patrick’s Day;
advising that she is a landlord and lives in the area of her rental property;
advising that she has fantastic students and that the rental property is an
investment; indicating that she has previously complained to By-law
Enforcement about the number of students living in a house; enquiring as to
how we enforce 2 and 3 bedroom units being listed as 4 and 5 bedroom units
and requesting that the by-law not be rushed through as there is enough power
without updating the by-law.
• Darryl Torium –
advising that he is a local landlord; indicating that he has had great
success with students and they do contribute to the community; advising that
this was a few bad apples; advising that he has tenants he has been
attempting to evict for the last three months; indicating that he would like
to add something to the by-law to give the University of Western Ontario and
Fanshawe College the power to penalize, such as withholding grades or
expelling students for their behavior.
• Bill Brock –
advising that respect needs to be given from both sides; advising that Civil
unrest is not a reason to riot or defy authority; advising that this is
off-campus authority; indicating that a solution would be for Fanshawe
College to buy up the area properties and control the housing; and requesting
the the community be given more time for dialogue.
• Brian Gibson –
advising that he lives in Ward 2; enquiring as to whether or not landlords
can be encouraged to self-police their own property; advising that there is a
need to address the event spillover onto other properties; encouraging more
public participation with the students and the community; advising that there
is always more that can be done and recommending that healthy activities for
students be encouraged.
• Edgar Allen Smuck,
928 Western Road – presenting information included on the Public Safety
Committee Added Agenda.
• Amanda Alison –
advising that she is a Fanshawe College graduate; indicating that social
media invites everyone to a party; and enquiring as to whether or not the
social media can be monitored so that events can be nipped in the bud.
• Darryl Bedford,
OPSEU President – advising that many students are affected and the reputation
of the College is on the line.
• Michael Dee –
advising that he is an area resident and landlord; advising that he agrees
with instituting a code of conduct; indicating that a damage deposit is
another tool used in other communities; and it may help the landlord to
improve tenant accountability.
• Joanna Markum –
advising that Fanshawe opens up their green space and parking lots to host
large parties.
• Meredith Fontaine –
enquiring as to how often the Police are called onto campus for party issues;
advising that students don’t belong in residential family homes; indicating
that there was no police presence from 8:30 a.m. to 4:30 p.m., the following
day; and indicating that this issue has been discussed for 15 years.
• Ted WillIams –
expressing support for this proactive step; advising that the problems on
Fleming Drive are Fanshawe College’s responsibility; indicating that Fanshawe
should be held responsible for student behaviour and advising that it is the
cost of doing business.
• Sandra Boerson –
indicating that this is reactive; indicating that this only deals with a
small part of the problem; advising that being connected and encouraging
engagement doesn’t help; advising that the party should have been stopped at
200 people; advising that a mattress was burnt near the University of Western
Ontario on the same night; advising that there are not enough police; advising
that codes of conduct do make a difference and the students get the message
that no one cares.
• Irvine – advising
that he lives north of Cheapside Street; indicating that a majority of the
students are fabulous; enquiring as to whether or not there is a law limiting
rental properties, how many students are allowed in each house, the fire
regulations, and parking for cars; and advising that rental property is a
business venture in a residential area.
• Cynthia
Eldridge, Second St – spoke to the need to provide positive role models for
the students through the use of community organizations.
• Barb Louanny –
advising she was originally informed that this area was zoned as
single-family homes but recently was advised that it is no longer zoned for
single-family residences and enquiring as to what has changed.
• Shirley
Williams - indicating support for the by-law and concerns for resale value of
homes in the neighbourhood and enquiring whether steps are in place for the May
24th weekend.
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