Report to: Committee of the Whole                                 Date of Meeting: September 26, 2006

 

 

SUBJECT:                          Report to Committee of the Whole on Pesticide Public Meeting

 

PREPARED BY:               Mavis Urquhart, Manager, Environmental Leadership

 

 

RECOMMENDATION:

THAT Markham Staff report, “Report to Committee of the Whole on Pesticide Issue”, dated September 26, 2006, be received;

 

THAT a meeting on pesticides be held in accordance with the Council resolution of June 28, 2005;

 

THAT recruitment of the four (4) panelists as identified in this report be completed as soon as possible;

 

THAT other experts, as described in this report, be invited to attend and respond to technical questions;

 

THAT the Partners in Community Building (Beata Bowron and Gary Davidson) be retained to moderate the meeting and prepare meeting summary/suggested future steps;

 

THAT the cost of the facilitator’s services and any panelists fees/expenses/honorariums be funded from remaining funds originally identified for consulting assistance for this issue;

 

AND THAT the meeting be held October 26th, 2006 in the Council Chambers.

 

EXECUTIVE SUMMARY:

Not applicable.

 

FINANCIAL CONSIDERATIONS:

Not applicable.


1. Purpose                     2. Background                      3. Discussion                        4. Financial        

 

5. Others (Environmental, Accessibility, Engage 21st, Affected Units)             6. Attachment(s)

 





On June 28, 2005, with respect to this matter, Council adopted the following resolution:

 

“That the deputations from Mr. G. Forman, Canadian Association of Physicians for the Environment, and Ms. S. Merson, York Region Environmental Alliance in support of a Pesticide by-law in Markham be received;

 

And that the Markham Staff report entitled Pesticide By-law-Town of Markham, dated June 20, 2005, be received;

 

And that Staff proceed with the preparation of a draft Pesticide By-law, with options from other municipalities, to restrict “non-essential” use of pesticides based upon the precautionary principle and utilizing research undertaken by the City of Toronto regarding the potential health impacts associated with pesticide use;

 

And that the Region of York Medical Officer of Health be requested to supply an opinion on the use of pesticides to the Town of Markham;

 

And that a Town Hall meeting be convened at the earliest possible date incorporating a facilitator and an expert panel to be comprised of four (4) persons to outline the pros and cons of implementing a Toronto style Pesticide By-law and other options from other municipalities, following which input will be invited from residents;

 

And that the cost of a facilitator’s and panel members' services, to an upset limit of $25,000, be funded from the 2005 operating budget approved for Pesticide-Free parks;

 

And that the Town of Markham Staff report back on the findings of the public consultation and on the steps necessary to implement a Pesticide By-law, including: phasing, financial implications, and educational/enforcement programs;

 

And that the Minister of the Environment be requested to take leadership to uniformly and consistently address the issues of “non-essential” use of pesticides on lawns and gardens by homeowners and local applicators in urban municipalities across the Province”.

 

On October 11, 2005, Staff presented a staff report entitled “Report to Committee of the Whole on Pesticide Issue” setting out the details of a public hearing in accordance with Council direction. Council resolved:

That the Markham staff report, “Report to Committee of the Whole on Pesticide Issue”, dated October 11, 2005, be received;

And that consideration of the matter of a Public Meeting on pesticides be deferred pending a staff report following receipt of the Town's Consultant report on the impact of reduced pesticide use on Town-owned parks”.

On September 12, 2006, Council considered a Notice of Motion and adopted the following resolution:

            Whereas Council, on June 28, 2005 resolved that a Town Hall meeting be convened at the earliest possible date incorporating a facilitator and an expert panel to be comprised of four persons to outline the pros and cons of implementing a Toronto style Pesticide By-law and other options from other municipalities and directed staff to report back on the findings of the public consultation and on the steps necessary to implement a Pesticide By-law;

And Whereas Council, on October 11, 2005, resolved that the matter of a public meeting on pesticides be deferred pending a staff report following receipt of the Town’s Consultant report on the impact of reduced pesticide use on Town-owned parks;

And Whereas Council, on February 16, 2006 received the findings from Phase 1 of the Turf Assessment Review and directed that staff proceed with the hiring of a Consultant to undertake Phase 2 of the review and present the findings in a report to the General Committee;

And Whereas the General Committee, on June 19, 2006, received the Phase 2 findings;

Now Therefore Be It Resolved, that pursuant to Council’s resolutions of June 28 and October 22, 2005, that the public consultation process on a possible Pesticide By-law be held at the earliest opportunity, with staff to report back to the General Committee with recommendations.

And that staff report back to General Committee on October 16 or earlier, on a moderator, potential speakers, panel members, and the program, prior to proceeding with the public process.

This report is in response to Council’s direction for a staff report on the proposed public meeting.



The proposed meeting would be in accordance with the above resolutions. The facilitator would:

 

The recommended moderator/facilitator is Beate Bowron and Gary Davidson from Partners in Community Building. Both are registered professional planners with extensive experience working at the municipal level and in a comprehensive range of municipal management areas, including conflict resolution.

 

The list of potential panelists recommended by Staff in the October 11, 2005 report have been contacted and they (or a designate can attend). These names were originally derived from the consultant’s recommended list and Councillor input. Appendix 1 is a list and brief description of the 4 willing panelists. Final selection of panelists would have to be subject to confirming their schedules and availability.

 

Panelists in Favour of Regulation:

  1. Mark Mackenzie, President, Organic Landscape Alliance
  2. Gideon Forman Executive Director, Canadian Association of Physicians for the Environment

 

Panelists Not in Favour of Regulation:

1.    Ken Pavely - Representative of Integrated Pest Management/Plant Health Care Council of Canada and Landscape Ontario Horticulture Trades Association

2.    Lorne Hepworth – President, Urban Pest Management Council

                

Others Experts Suggested as Technical Resources

1.   Health Canada staff representative

2.   Region of York staff representative

3.   City of Toronto staff representative

4.   Toxicologist, University of Guelph

5.   Ministry of the Environment staff representative (subject to approval)

 

These individuals would be available to respond to technical or jurisdictional questions raised at the public meeting.

 

The format of the meeting in accordance with the Council recommendation and discussions to date would be:

 

 

Markham Council’s role would be to observe and ask questions.

 

The original stakeholder’s list that was prepared in 2005 will be used to provide notification. As well, public notices would be published on the Town page and the meeting would be advertised on the Town website with the assistance of Corporate Communication staff. The proposed date for the meeting is October 26th, 2006. The meeting will be held in the Council Chambers.

 

 




 





APPENDIX 1

Potential Panelists Contacted

 

The following shows the individuals that have been contacted and have agreed to participate on the panel.

 

PANELISTS IN FAVOUR OF REGULATION

 

1.         Gideon Forman - Executive Director, (or other representative depending on availability) - Canadian Physicians for the Environment. CAPE is a group of physicians, allied health care practitioners and citizens committed to a healthy and sustainable environment.

 

2.         Mark Mackenzie, President of the Organic Landscape Alliance (or other representative depending on availability) which promotes 100% organic methods and products for caring for gardens. It is a non-profit trade association that is committed to the development of organic horticulture.

 

PANELISTS NOT IN FAVOUR OF REGULATION

1.         Lorne Hepworth– President, Urban Pest Management Council Urban Pest Management Council represents the manufacturers, formulators, distributors and associations of pest management products.

2.         Ken Pavely, Representative of Integrated Pest Management/Plant Health Care Council of Canada and Landscape Ontario Horticulture Trades Association’s. Landscape Ontario serves member companies across the province, involved in all sectors of the horticultural industry, including landscape contractors, grounds management contractors, lawn care professionals, retail garden centres and others.

 

OTHER EXPERTS

 

  1. Carol Mee, Supervisor in Information and Environmental Education – City of Toronto staff. Available to answer questions about the City of Toronto By-law and experience.

 

  1. Representative to be determined - Region of York Medical Officer of Health

 

  1. Dr. Keith Solomon – Toxicologist, University of  Guelph

 

4.   Ronald Denault – Section Head, Sustainable Urban Pest Management, Health Canada  PMRA

 

5.   Violet vanWassenaer Co-Manager, Pesticides Management Section, Ministry of the Environment (subject to approval)