2. THAT Council approve the Memorandum of Understanding, as attached to Report POS ;

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1 Sa t~a ABBOTSFORD Report No. POS January 20, 2014 File No: /ZB-002 COUNCIL REPORT Regular Council To: Mayor and Council From: Reuben Koole, Senior Planner Subject: Harm Reduction Memorandum of Understanding, Good Neighbour Agreement Policy, and Good Neighbour Agreement Template RECOMMENDATIONS 1. THAT Report No. POS , dated January 20, 2014, from the Senior Planner, regarding the Harm Reduction Memorandum of Understanding, Good Neighbour Agreement Policy, and Good Neighbour Agreement Template be received; 2. THAT Council approve the Memorandum of Understanding, as attached to Report POS ; 3. THAT Policy No , "Good Neighbour Agreement Policy," be approved; 4. THAT Council approve the Good Neighbour Agreement template, as attached to Report PDS ; 5. THAT the Mayor and Corporate Officer be authorized to execute all documents related to this matter. BACKGROUND At the December 9, 2013 Regular Meeting of Council, staff presented Council with 1) Bylaw No to remove the definition of "harm reduction use" from the Zoning Bylaw; 2) a Memorandum of Understanding between the City, Fraser Health Authority, and Abbotsford Police Department; 3) a Good Neighbour Agreement Policy; and 4) a Good Neighbour Agreement template. Staff recommended Council give first reading to Bylaw No and consider approving the related documents at the time of bylaw adoption. At the December 9, 2013 Regular Meeting, Council gave first reading to Bylaw No to remove the definition of "harm reduction use" from the Zoning Bylaw. Council held a Public Hearing for Bylaw No on January 13, 2014, and gave the same bylaw second and third readings at the January 13, 2014 Regular Meeting. ANALYSIS Staff have prepared a Zoning Bylaw amendment for adoption, and final copies of the Memorandum of Understanding (MOU, Attachment A), Good Neighbour Agreement Policy (Policy, Attachment B), and Good Neighbour Agreement template (GNA, Attachment C) are provided for Council's consideration.

2 Report No. PDS Page 2 of 4 The Zoning Bylaw amendment removes the definition of "harm reduction use" from the Zoning Bylaw. The MOU establishes the working relationship between the three public agencies for implementing and reviewing an Abbotsford-based harm reduction program (FHA, City, and APD). The Policy establishes Council's guidelines for when a GNA may be used by the City (includes, but is not limited to, needle exchanges). The GNA establishes the working relationship between the two public agencies (FHA and City) and service providers related to particular Abbotsford-based harm reduction services. APD ". 900d neighbour...- ag reemenl :.... :....:....: -.: Service provider Figure 1. MOU, Policy and GNA relationships Zoning Bylaw amendment Bylaw No removes the definition of "harm reduction use" from the Zoning Bylaw. Council has the opportunity to adopt Bylaw No on the Regular Meeting agenda following Council's consideration of the supporting documents included in this report: the MOU, Policy, and GNA. Memorandum of Understanding The MOU establishes a partnership between FHA, the City, and APD for implementing and reviewing an Abbotsford-based harm reduction program. These three public agencies are responsible for providing health care services (FHA), regulating land use (City), and maintaining public safety and order (APD). The MOU is an agreement that formalizes the working relationship among the public agencies, including FHA's commitment to use GNAs and evaluate the services it provides in Abbotsford. It is not intended to regulate where or how the services are

3 Report No. PDS Page 3 of 4 provided, which will be done through the GNA. It will be in effect for an initial period of two years and may be renewed by the agencies. This initial two year period provides an opportunity to review and revise the partnership, and make changes to the agreement if necessary. Good Neighbour Agreement Policy The Policy establishes provisions for when a Good Neighbour Agreement may be used. In this particular case, needle exchanges are the first service that a GNA would regulate. However, the Policy is worded to allow Council to use a GNA for other uses or services. In other communities, GNAs have been used for liquor establishments and drug and alcohol treatment centres. As the Policy is adopted and controlled by Council, it is structured to function independent of the MOU and would remain in effect regardless of whether an MOU is in place. It is a record of Council's position on the matter of mitigating nuisance and disruptive behavior for activities such as needle exchanges, and does not require approval from other public agencies. The Policy formalizes a method for regulating these services in Abbotsford and enables the City to be involved with managing the services. Good Neighbour Agreement template The GNA template for needle exchanges implements the Policy and regulates the services to ensure they are provided in a responsible manner. It is structured as follows: Whereas clauses describing the situation and purpose of the GNA. Guiding Principles establishing common ground for all participating organizations. Regulatory sections explaining in detail how a service will be provided, including service location and hours; noise, disorder and cleanliness; criminal activity; complaints; amendments; and enforcement. Good Neighbour Bylaw Staff note that the Policy and GNA are not directly related to the Good Neighbour Bylaw. The Good Neighbour Bylaw contains regulations that are within the City's authority to enforce under Provincial legislation. These regulations will help enforce certain aspects of the GNA (e.g. noise and litter). In addition, other Provincial and Federal laws also still apply and are not superseded by the GNA (for example, the Criminal Code of Canada). Section 21 of the GNA clarifies that other City bylaws and Provincial and Federal regulations remain enforceable. Implementation Should Council adopt Bylaw No and approve the MOU, Policy, and GNA, staff will implement them as follows: The MOU will be signed and acted on by all parties, and a follow-up report about the effectiveness of the program will be prepared and presented by FHA in two years. Service providers will be jointly reviewed by FHA, the City, and APD, and be required to enter into a GNA in order to distribute harm reduction supplies in

4 Report No. PDS Page 4 of 4 Abbotsford, including needles exchanges. The GNA will be specific to each service provider's program location. The General Manager, Planning and Development Services, will prepare GNAs to be executed by the Mayor and Corporate Officer. Administration of the prepared GNAs will be conducted through the Planning and Development Services Department. Staff will communicate to Council any major issues that may arise for discussion and decision. FINANCIAL PLAN IMPLICATION There are no Financial Plan implications at this time. COMMUNICATION PLAN There are no Communication Plan requirements. SUMMARY At the January 13, 2014 Regular Meeting Council gave second and third readings to Bylaw No to remove "harm reduction use" from the Zoning Bylaw. Staff recommend Council approve the Memorandum of Understanding, Good Neighbour Agreement Policy, and Good Neighbour Agreement template. eb J Reviewed by: Siri Bertelsen General Manager Planning & Development Services Prepared by: Reuben Koole MCIP, RPP Senior Planner eill MCIP, RPP Director Community Planning ATTACHMENTS A - Memorandum of Understanding B - Good Neighbour Agreement Policy C - Good Neighbour Agreement template

5 Attachment A Memorandum of Understanding between the City of Abbotsford, Fraser Health Authority, and Abbotsford Police Department regarding an Abbotsford-based harm reduction program. Introduction This Memorandum of Understanding (MOU) creates the partnership between the City of Abbotsford (City), Fraser Health Authority (FHA), and Abbotsford Police Department (APD) for implementing and reviewing an Abbotsford-based harm reduction program. FHA provides health care services to the community and has interest in ensuring adequate services are available to residents in their jurisdiction, including those most vulnerable to SUbstance use issues. The City regulates land use in Abbotsford and has interest in ensuring various land use impacts are minimized while also allowing the delivery of programs and services that meet the needs of residents. The APD is independent and free to fully investigate criminal activities, understands that a harm reduction program can provide improved health outcomes, and has interest in ensuring these services are safe and do not unduly create disorder. Context Abbotsford is one of thirteen local health areas in FHA's jurisdiction. According to FHA, Abbotsford has a Hepatitis C infection rate of 64.4 per 100,000 people. This is above FHA's regional average and also above the provincial and national averages. FHA also estimates there are approximately 280 to 470 injection drug users in Abbotsford. Many of these users lack access to health care services in the community and rely on finding services in neighbouring communities or 'under the radar' in Abbotsford. Objectives FHA, with support from the City and APD, will use the following objectives to establish their harm reduction program in Abbotsford: Understand the specific needs in Abbotsford. Create appropriate harm reduction service responses to identified areas of need. Collaborate to approve harm reduction service providers (including organization selection and staffing) and use appropriate land use conflict mitigation measures. Actions FHA, with support from the City and APD, will implement the harm reduction program through the following actions: 1. Create a harm reduction program working group that will meet semi-annually, including representation from the Province, FHA, City of Abbotsford, and Abbotsford Police Department. 2. Use a Good Neighbour Agreement between the City, FHA, and service providers to implement specific harm reduction services, including needle exchange.

6 3. Evaluate the harm reduction program (including harm reduction services and service providers) and report on its effectiveness. Harm reduction program FHA, the City, and APD will jointly review all harm reduction program services (including needle exchanges) in Abbotsford, with special attention given to the following: Confirming the capacity of an organization to manage and deliver the service. Ensuring additional support services such as counseling, minor medical attention, treatment and recovery referrals, and housing support are available and offered. Limiting conflict with neighbours and disturbance to the general public to the greatest extent possible. Timeframe This MOU is in effect for two years from the date signed, and may be renewed through written agreement by all parties. FHA will prepare and present a report to Fraser Health Authority Board, Abbotsford City Council, and Abbotsford Police Board describing the impact and effectiveness of harm reduction services. This will be completed within two years of the date signed. Fraser Health Authority ("FHA") Abbotsford Police Department ("APD") Medical Health Officer - Fraser East Dr. Marcus Lem Chief Constable Bob Rich Date Date City of Abbotsford ("City") Mayor Bruce Banman Corporate Officer Bill Flitton Date Date

7 tr-h Attachment C ABBOTSFORD Good Neighbour Agreement WHEREAS the City of Abbotsford ("City"), the Fraser Health Authority ("FHA"), and the <organization name> ("Service Provider") (collectively referred to as the "Parties") recognize that although harm reduction programs do not cause public disorder when operated well, they serve people in crisis who may present complex behaviors; and WHEREAS the Service Provider may be required to deal with challenging behaviors within the vicinity of where they are providing these services ("Facility"); and WHEREAS the Service Provider and FHA wish to demonstrate to the residents of Abbotsford their desire to be responsible corporate citizens; and WHEREAS the Parties wish to promote Abbotsford as a safe, healthy and inclusive community for the enjoyment of everyone, including residents, visitors, businesses, and their clients; and NOW THEREFORE the Parties agree to enter into this Good Neighbour Agreement, the terms and conditions of which follow: Guiding Principles 1. Provide harm reduction supplies, services, and education according to the Guidelines and Policy issued by the BC Centre for Disease Control in order to improve the safety, wellness, and health of clients. 2. Minimize the negative impact on surrounding areas by distributing harm reduction supplies in a manner that ensures the privacy and discretion of clients and the community. Avoid open businesses, schools, day care centres, and play grounds. 3. Keep the community clean by safely collecting and disposing used harm reduction supplies. Develop a responsive needle recovery program that proactively gathers information about inappropriately discarded needles and develops solutions to address any emerging public concerns. 4. Meet regularly to discuss ongoing partnerships, program developments, and public concerns. Location 5. The Service Provider will use the following models of service delivery to meet the needs of their clients. a. The Service Provider will operate the Facility at the following fixed location(s): <> <> b. The Service Provider will provide mobile access via <route/target areas>. c. The Service Provider will use a peer-to-peer distribution method. Good Neighbour Agreement - <> Page 1 of 3

8 Hours of Service 6. The Service Provider will offer needle distribution and collection services from <> to <>, <> days per week. 7. The Service Provider will not permit clients to remain at the Facility outside of open hours unless accessing other services. Noise and Disorder 8. The Service Provider will discourage lingering in close proximity to the premises and monitor activity outside the Facility to minimize potential impacts to pedestrians and the area. 9. The Service Provider will monitor and promote orderly conduct in the immediate area of the Facility in order to discourage behavior that may disturb the peace, quiet, and enjoyment of the neighbourhood. Cleanliness 10. The Service Provider will ensure there is no litter, garbage, condoms, needles, or other foreign objects associated with the Facility left within the general area. 11. The Service Provider will ensure proper collection and disposal of all supplies (including needles) at the Facility, and provide education to clients about proper disposal. Sharps containers will be provided to clients and other individuals/businesses that request them. Criminal Activity 12. The Service Provider will not condone any criminal activity at or within the Facility. 13. The Service Provider will cooperate with the Abbotsford Police Department (APD) if any policing issues arise. Complaint Mechanism 14. The Parties will collaboratively resolve any related public safety issues that may arise. This includes, but is not limited to, the operation of the Facility; predatory behavior; health alerts; and the conduct of clients, neighbours, and other stakeholders. 15. The Service Provider will orient and educate new staff, volunteers, and clients of the Facility about the principles of this agreement. 16. The Service Provider will establish appropriate and accessible opportunities to ensure clients and community members have a safe complaint mechanism to address their concerns. Amendment and Transferability 17. Any proposed changes to the terms of the Good Neighbour Agreement shall be discussed and resolved in writing among the Parties. Good Neighbour Agreement - <> Page 2 of 3

9 18. Should the Service Provider change their program, activity, or location, the Agreement will be amended to reflect such changes. 19. The Agreement is not transferable from the named Service Provider to another Service Provider. Enforcement 20. The Parties recognize participation in this agreement is voluntary and its success is based on voluntary compliance and good faith. Notwithstanding the voluntary nature of this agreement, the Parties recognize that non-compliance with the terms of this agreement may be brought to the attention of City Council and all Parties. 21. The Parties recognize City bylaws, Provincial statutes and legislation, and Federal statutes and legislation, shall at all times take precedence over this Agreement. 22. The Parties recognize the named Service Provider may not be the only means by which harm reduction supplies are provided or accessed in Abbotsford. WHEREAS the <organization name> has voluntarily entered into this agreement, the City of Abbotsford commends them for their recognition of their civic responsibilities and their commitment to working with vulnerable populations while also fostering a good working relationship with their neighbours and the City. SIGNED this <> day of <>, <>, in Abbotsford, British Columbia <organization name> ("Service Prov'ider") Fraser Health Authority ("FHA") Position: Name: Position: Name: City of Abbotsford ("City") Mayor " Bruce Banman Corporate Officer Bill Flitton Good Neighbour Agreement - <> Page 3 of 3

10 Attachment D POLICY MANUAL.0. ~~ ABBOTSFORD No I Page 1 of 2 CHAPTER: SECTION: SUBJECT: APPROVED BY: ECONOMIC DEVELOPMENT AND PLANNING SERVICES BUILDING GOOD NEIGHBOUR AGREEMENT COUNCIL EFFECTIVE DATE: REVISION DATE: I PURPOSE: To ensure activities contained within this policy are provided in a manner that mitigates nuisance and disruptive behavior within their vicinity, and promotes positive behavior in the community. AUTHORITY: Council POLICY: 1. Organizations providing any of the following services are encouraged to enter into a Good Neighbour Agreement (GNA): (a) Needle exchanges 2. GNAs may also be used at the discretion of Council for other similar uses, including but not limited to: (a) liquor establishments; and (b) drug and alcohol treatment centers. 3. The GNA will demonstrate all parties' desire to be responsible corporate citizens and ensure Abbotsford remains a safe, healthy, and inclusive community for the enjoyment of everyone. 4. The GNA will establish reasonable behavior and responsibilities of all parties relevant to the service being provided. This may include, but is not limited to sections on: (a) guiding principles; (b) location and hours of service; (c) noise, disorder and cleanliness; (d) criminal activity; (e) complaint mechanisms; and (f) enforcement.

11 o"s" ~h ABBOTSFORD No POLICY MANUAL I Page 2 of 2 Attachment D 5. GNAs will be entered into voluntarily and in good faith by all parties. They may include, but is not limited to, the City, Abbotsford Police Department, Provincial government ministries and agencies, and Federal government departments and agencies, and community service providers. 6. The General Manager, Planning and Development Services, or his/her designate, is authorized to negotiate, prepare, and enter into GNAs according to the provisions as set out in this policy. 7. Non-compliance with the terms of a signed GNA may be brought to the attention of City Council.