COMMITTEE OF THE WHOLE
	TO:	Mayor and Members of Council
	FROM:	Jim Sales, Commissioner of Fire and Community Services Stuart Taylor, Director, Strategic Services
	PREPARED BY:	Mavis Urquhart, Manager, Environmental Leadership
	DATE OF MEETING:	October 11, 2005
	SUBJECT:	Report to Committee of the Whole on Pesticide Issue

RECOMMENDATION:

THAT Markham Staff report, “Report to Committee of the Whole on Pesticide Issue”, dated October 11, 2005, 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 either on November 17^th or the 24^th, contingent upon the panelists and moderator’s availability.

PURPOSE:

To report back on matter of a pesticide meeting as directed by Council.

BACKGROUND:

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

“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”.

A copy of the correspondence from the Region of York Medical Officer of Health respecting the Region’s position is appended to this report (Appendix 2).

DISCUSSION:

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

• manage the meeting;
• facilitate panelists’ presentations and the question and answer period;
• prepare meeting summary/recommendations on future directions; and,
• present findings.

Potential panelists have been contacted using the original list of suggested panelists and Councillor input. Appendix 1 is a list and brief description of candidates that staff has contacted and their responses. Staff suggests that from the list of 7 willing panelists, the following individuals make up the panel:

• Panelists in Favour of Regulation:

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

• Panelists Not in Favour of Regulation:

1. Debbie Conlon, Urban Pest Management Council

2. Tony DiGiovanni – Director, Integrated Pest Management Council

Final selection of panelists would have to be subject to confirming their schedules and availability.

• Others Experts Suggested to be invited

City of Toronto staff has been invited to attend the meeting, as has the Region of York Health staff. Dr. Keith Solomon, toxicologist, from University of Guelph has also responded and may be able to attend as a resource person, to answer technical/scientific questions subject to his availability. Alternatively, a Health Canada representative may be available to answer technical questions.

• Format

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

· Welcome by Mayor Cousens/Councilor Shapero, Chair of Environmental Issues Committee

· Purpose of the meeting by Facilitator

· Brief Overview of Markham’s pesticide reduction program to date/Brief Overview of other municipal by-laws by Town staff

· Each panelist has 10 minutes to present their perspectives

· Open the session to questions and answers from the floor (about 1 hour)

· Wrap up (including next steps) and adjourn

A stakeholder’s list has been prepared and public notice will be provided with the assistance of Corporate Communication staff. The proposed timing for the meeting is either November 17^th or the 24th. The meeting will be held in the Council Chambers.

FINANCIAL CONSIDERATIONS:

Staff will use the stakeholder list and background information already prepared for this project to the greatest extent possible.

Staff recommends that remaining funding identified for the purpose of holding a public meeting be approved to cover the cost of a facilitator, as described in this report, and any compensation for the panelists.

BUSINESS UNITS CONSULTED AND AFFECTED:

The following Business Units are directly affected:

• Corporate Communications
• Finance Department

Stuart Taylor Director of Strategic Services

Jim Sales Commissioner of Fire and Community Services

APPENDICES:

Appendix 1 – Potential List of Panellists/Others

Appendix 2 - Letter from Region of York Medical Officer of Health

APPENDIX 1

Potential Panelists Contacted

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

PANELISTS IN FAVOUR OF REGULATION

1. Dr. Sheila Basrur - Ontario Chief Medical Officer of Health. Not Available.

2. Dr. Lesbia Smith - Physician and consultant in risk assessments. Not Available.

3. Dr. Kathleen Kerr - Ontario College of Family Physicians. Awaiting response, but unlikely.

4. Micheleine Levesque – Environmental consultant with Solutions, Alternatives, Environment, a consulting firm in Quebec that specializes in pesticide by-laws and frameworks for their application; in training of horticultural and green space professionals; and in sustainable green spaces. She is an expert in pesticide reduction strategies and plant health care and has written/collaborated in the writing of by-laws in Ontario and Quebec. Yes (Fee for service).

5. 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. Yes.

6. Cheryl Shour – Environmental consultant, with expertise in Organic Lawn Care. Lead author of Toronto’s Public Health Guide. Founding President of the Organic Landscape Alliance (OLA), which is a trade association for organic horticulture and industry representative on the Toronto Pesticides Subcommittee that implemented a pesticide reduction plan on City-owned lands. Yes (Fee for service).

7. 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. Yes.

PANELISTS NOT IN FAVOUR OF REGULATION

1. Jill Fairbrother – Scotts Canada (leading lawn care and garden company). No response.

2. Debbie Conlon – Executive Director, Urban Pest Management Council who has been involved through most of the pesticide debates and was involved in the appeal process regarding the City of Toronto by-law. Urban Pest Management Council represents the manufacturers, formulators, distributors and associations of pest management products. Yes.

3. Jackie Fraser – Executive Director of AGCare and an individual who has been monitoring this issue from an agricultural perspective. AGCare (Agricultural Groups Concerned about Resources and the Environment) is an ad hoc committee that provides public communications and initiatives on crop protection and related environmental matters. Yes.

4. Tony DiGiovanni – Director of the Integrated Pest Management Council. Executive Director of Landscape Ontario. Yes.

OTHER EXPERTS

1. Richard Whate, – City of Toronto staff. Available to answer questions about the City of Toronto By-law and experience. Yes.

2. Dr. Helena Jaczek – Region of York Medical Officer of Health – Helen Doyle, Manager of Environmental Health to attend on behalf of the Region of York.

3. Dr. Keith Solomon – Toxicologist, University of Guelph. Tentatively available to attend and answer questions on November 24^th. Health Canada staff may be able to attend if he is not available.