Environmental Stewardship and Action Community Advisory Committee

Report

8th Meeting of the Environmental Stewardship and Action Community Advisory Committee

Wednesday, July 05, 2023 at 3:00 P.m. - 4:00 P.m.

Committee Room #5

The City of London is situated on the traditional lands of the Anishinaabek (AUh-nish-in-ah-bek), Haudenosaunee (Ho-den-no-show-nee), Lūnaapéewak (Len-ah-pay-wuk) and Attawandaron (Add-a-won-da-run).

We honour and respect the history, languages and culture of the diverse Indigenous people who call this territory home. The City of London is currently home to many First Nations, Métis and Inuit today.

As representatives of the people of the City of London, we are grateful to have the opportunity to work and live in this territory.

Attendance

• B. Samuels (Chair), I. El Ghamrawy, M. Griffith, A. Hames, C. Hunsberger, N. Serour, A. Whittingham and K. Mason (Acting Committee Clerk) 

   

  Also Present: Councillor J. Pribil, S. Corman, J. Stanford, B. Westlake-Power 

   

  The meeting was called to order at 3:09 PM, it being noted that I. El Ghamrawy, M. Griffith and N. Serour were in remote attendance. 

   

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1.

Call to Order

1.1

Disclosures of Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2.

Scheduled Items

None.

3.

Consent

3.1

7th Report of the Environmental Stewardship and Action Community Advisory Committee

• That it BE NOTED that the 7th Report of the Environmental Stewardship and Action Community Advisory Committee, from its meeting held on June 7, 2023, was received.

3.2

Resignation - P. Almost

• That it BE NOTED that the resignation of P. Almost was received with regret.

3.3

Ministry of the Environment, Conservation and Parks (MECP) review of the Environmental Assessment (EA) for the expansion of the W12A Landfill

• That it BE NOTED that the Ministry of Environment, Conservation and Parks review of the Environmental Assessment for the expansion of the W12A landfill was received.

3.4

Notice of Application - ReThink Zoning

• That it BE NOTED that the Notice of Planning Application dated June 5, 2023 with respect to the New Comprehensive Zoning By-law - ReThink Zoning was received.

4.

Sub-Committees and Working Groups

None.

5.

Items for Discussion

5.1

Yard and Lot Maintenance By-law PH-9

• That Municipal Council BE REQUESTED to pass a motion, in the spirit of the following, to direct staff to undertake a review of the Yard and Lot Maintenance By-law PH-9:

  Whereas, biodiversity loss is a growing concern that requires immediate attention and action from municipal authorities;

  Whereas, the Yard and Lot Maintenance By-law PW-9 poses conflicts with other objectives of the City of London to conserve natural heritage and biodiversity (Environmental Policies, the London Plan 2022), to mitigate and adapt to climate change (Climate Emergency Action Plan, 2022), and to create liveable, complete street designs (London Complete Streets Design Manual, s2.5 Green Infrastructure 2018);

  Whereas, Londoners are increasingly engaging in environmental stewardship including maintaining boulevard-facing gardens, Low-Impact Development (LID) such as rain gardens, and naturalization projects;

  Whereas, there is a lack of easily accessible public information regarding the Yard and Lot Maintenance By-law PW-9 and its enforcement, hindering residents' understanding of their responsibilities and the City's expectations;

  Whereas, there have been concerns raised regarding poor and inconsistent complaint-driven enforcement of the Yard and Lot Maintenance By-law PW-9 leading to mischaracterizations of by-law provisions, destruction of private property and potential negative impacts on the City’s reputation and liveability;

  Whereas, the Yard and Lot Maintenance By-law PW-9 and Naturalized Areas and Wildflower Meadows policy include imprecise and prescriptive language that is not reproducible in enforcement, and therefore poses legal risks to the City that could potentially result in litigation and financial burdens;

  Whereas, the Ontario Court of Justice has found other municipal by-laws similar in effect to the City of London’s Yard and Lot Maintenance By-law PH-9 to be void for vagueness and uncertainty in their language and for unjustifiably violating the freedom of expression guaranteed by section 2(b) of the Canadian Charter of Rights and Freedoms, 1982;

  Therefore, be it resolved that the London City Council directs municipal staff to undertake a comprehensive review of the Yard and Lot Maintenance By-law PW-9 and related policies;

  Be it further resolved that the review should address the following aspects:

  i)   Clarifying the intent and purposes of the By-law;
  ii)   Providing statistics on enforcement of the By-law and assessing the effectiveness of enforcement processes and procedures;
  iii)  Identifying and addressing any legal risks associated with the By-law, aiming to minimize potential litigation and financial burdens on the City;
  iv)  Comparing the By-law’s alignment with other City policies and strategies, particularly those related to natural heritage, complete street designs, and the Climate Emergency Action Plan;
  v)   Consulting with Indigenous communities about the By-law and prohibited plants;
  vi)  Evaluating and improving mechanisms and public education to ensure consistent enforcement and compliance with the By-law;

  Be it further resolved that the municipal staff present their findings and recommendations to Council within a reasonable timeframe, allowing for further discussion and potential amendments to the Yard and Lot Maintenance By-law PW-9;

  Be it further resolved that enforcement of the Yard and Lot Maintenance By-law PW-9 in cases where there is not an immediate safety risk be paused while the By-law’s legal validity is under review;

  Be it further resolved that the City hold a Public Participation Meeting (PPM) to invite feedback from the community on the Yard and Lot Maintenance By-law PW-9 and staff recommendations.

6.

Deferred Matters / Additional Business

6.1

(ADDED) Resignation of L. Paulger

• That it BE NOTED that the resignation of L. Paulger was received with regret.

6.2

(ADDED) Municipal Council Resolution - 6th Report of the Animal Welfare Community Advisory Committee

• That it BE NOTED that the Municipal Council Resolution from its meeting held on June 27, 2023,with respect to the 6th Report of the Animal Welfare Community Advisory Committee, was received. 

7.

Adjournment

The meeting adjourned at 3:36 PM.