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REGIONAL COUNCIL MINUTES February 27, 2002 The following are the minutes of the Regular Council meeting held at 7:00 p.m. in the Regional Council Chamber, 150 Frederick Street, Kitchener, Ontario, with the following members present: Chair K. Seiling, D. Bergman, D. Craig, T. Galloway, J. Haalboom, F. Kent, J. Martens, J. Mitchell, W. Roth, J. Smola, B. Strauss, S. Strickland, L. Woolstencroft, and C. Zehr. Regrets: J. Brewer, J. Wideman. DECLARATIONS OF PECUNIARY INTEREST UNDER THE MUNICIPAL CONFLICT OF INTEREST ACT Councillor D. Craig declared a conflict of interest with respect to Item 2 on the Planning and Works Committee Summary in that his property borders the Forbes Creek Headwaters area identified in the Forbes Creek Sub-watershed Study as a new Environmentally Sensitive Policy Area. He refrained from voting and discussing this issue. PRESENTATIONS a) JoAnn Woodhall, TDM Planner, Planning, Housing and Community Services re: TDM in Waterloo Region: Keys to Success JoAnn Woodhall, Transportation Demand Management Planner, spoke on lessons learned working in Transportation Demand Management (TDM) in Waterloo Region. J. Woodhall reviewed the 12 keys to successfully implementing a TDM program. She concluded her presentation by indicating that a lot has been achieved in two years in Waterloo Region. DELEGATIONS a) Henry Stevens, Treasurer, Board of Directors, Woodland Christian High School re: Development Charges - Woodland Christian High School. H.. Stevens appeared before Council requesting a grant from the Region to offset the Regional Development Charge applicable to the Woodland Christian High School expansion. H. Stevens felt the policy was discriminatory in that separate and public schools are exempt under The Education Act while private institutions are not. Staff verbally listed various local private schools that were not exempt from paying the regional development charge. A review of the by-law, including the exemptions clause, will Council - 2 - 02/02/27 be conducted in 2003. Council Members expressed concern that a precedent would be set if Woodland's request was granted and felt it was important to be consistent with the current policy. MOVED by T. Galloway SECONDED by D. Bergman THAT the Regional Municipality of Waterloo take no action on the request of Cambridge & District Association for Christian Education, Woodland Christian High School for a grant in the amount of $11,086.75 to offset the impact of development charges; That the Regional Municipality of Waterloo maintain its policy of assessing Regional Development Charges on developments by private educational institutions; and That a copy of the resolution be forwarded to the Township of Woolwich. CARRIED b) Moratorium on Cosmetic Use of Pesticides Chair Seiling reminded the delegations that the Region does not have any authority to enact a by-law regulating the use of pesticides. The legislative authority for enactment rests at the local municipalities. Councillor Strickland, Chair of Community Services Committee, informed the delegation that a working group is being established with the area municipalities. This group will be reviewing the process and their work plan is expected to be presented to Community Services Committee in approximately 4 weeks. Part of this process is to determine if a by-law will be initiated at the local level or to have a regional by-law. i) Susan Koswan, Get Rid of Urban Pesticides (GROUP) ii) Daniel Sullivan, Get Rid of Urban Pesticides (GROUP) S. Koswan, a member of Get Rid of Urban Pesticides (GROUP), appeared before Council to request a ban on the cosmetic use of pesticides. S. Koswan spoke about the effects pesticides have on our water, food, and air quality. A videotape clip showing the effects of pesticides used in Mexico was shown. In closing, S. Koswan urged Council to apply to the Province for the legislative authority to enact a by-law to ban cosmetic pesticide use. Daniel Sullivan, age 10 and a Waterloo resident, appeared in support of a by-law to ban pesticides. D. Sullivan commented that pesticides pollute the air, ground and water. D. Sullivan urged all citizens to look after their lawns and gardens by using natural methods. iii) Penelope Polyzou, Member, 7 Generations Network P. Polyzou, spoke in favour of a moratorium on the use of pesticides. She spoke of her experience of inhaling chemicals during a walk last summer and the resulting frustration to have action taken on her concerns. P. Polyzou expressed concern that although the lawn care industry has guidelines to follow, no one monitors and enforces compliance with these Council - 3 - 02/02/27 guidelines. iv) Jackie MacMillan, Kitchener Jackie MacMillan, spoke of her personal experiences due to pesticide spraying. J. MacMillan explained that she is autistic and chemically sensitive since birth. Exposure to pesticides causes her normal level of functioning to drop off and she experiences side effects such as headaches. J. MacMillan was supportive of whatever action Council can take to change the toxin levels in our area. v) Judy Greenwood-Speers, Waterloo J. Greenwood-Speers, R.N. and Green Party Member, spoke in support of a by-law to ban pesticides. J. Greenwood-Speers referred to federal government and medical reports on pesticide management. J. Greenwood-Speers urged Council to ask the Province for the delegated authority to enact a by-law to ban pesticides because this is a critical health issue. vi) Patrick O'Toole, O'Toole Lawn Care, Breslau P. O'Toole, resident of Kitchener, spoke against a pesticide by-law saying that it is not in the best interests of the residents. P. O'Toole urged the education of people on the safe use of pesticides. He also supports the use of integrated pest management techniques which are beneficial to the environment. As a licensed applicator, P. O'Toole indicated that products used on lawns are not carcinogenic. Mr. O'Toole was asked if his staff wear protective gear such as rubber outfits and aspirators when applying pesticides. P. O'Toole responded that the staff wear rubber boots and long pants, and that aspirators are not required. P. O'Toole stated that his company participated in a study to monitor exposure to chemicals with the University of Guelph. His staff's exposure was the lowest of all the participants in the study. vii) Chris Lemcke, Scarborough Weed Man, Scarborough C. Lemcke, plant health care technician, spoke against a by-law to ban pesticides. C. Lemcke stated that pesticides when used properly pose no risk. C. Lemcke encouraged the use of good horticultural practices which includes using pesticides as a last alternative. He indicated that the lawn care industry is working on an IPM Accreditation Program and he encouraged companies to become involved. He acknowledged this is an emotional issue. C. Lemcke felt that by-laws do not work, citing the Hudson Quebec experience. C. Lemcke is in favour of the educated and responsible use of pesticides and supports the IPM (integrated pest management) process. viii) Tom Davies T. Davies, a teacher and member of the Green Industry, indicated that he is not in favour of pesticide elimination but supports pesticide reduction and integrated pest management. T. Davies referred to other provinces that have enacted by-laws which experienced increased pesticide use by residents. Residents purchase these products but don't know the safe and correct application methods. He felt that a by-law is not an efficient way to reduce pesticide use. Council - 4 - 02/02/27 ix) Richard Maass R. Maass, resident of Kitchener and owner of Peerless Turfcare, felt that a moratorium on pesticide use would not be acceptable to individuals and industries who retain lawn care operators or individuals employed in the industry. R. Maass noted that property values are impacted by the "cosmetic" appearance of citizens' homes and businesses. In Southern Ontario, 7% of the house value is attributed to the lawn plus another 7-10% from landscaping. R. Maass referred to a survey conducted last fall. 98% of the respondents believed that the lawn care industry is doing enough to reduce the use of pesticides; 65% of the respondents indicated that pesticide regulation should be handled by the provincial government; 80% of the respondents felt that the local health board lacks the expertise to correctly evaluate the pesticide issue; and 100% of all respondents indicated they would not accept reduced property values. R. Maass indicated his support for an IPM (integrated pest management) by-law. x) John Ladd, Chair, Environmental Coalition of Ontario J. Ladd, Field Operations Manager at Turf Management Systems and Chair, Environmental Coalition of Ontario (ECHO), spoke against a pesticide by-law. J. Ladd felt that the use of pesticides is about personal choice. He indicated that by-laws don't reduce pesticide use and take their proper usage out of the hands of trained professionals. J. Ladd indicated his support for IPM (integrated pest management). MOVED by S. Strickland SECONDED by D. Bergman THAT Regional Council hear the unregistered delegations on the pesticide use issue. CARRIED xi) Patricia Stang, Auditorium Neighbourhood Association P. Stang appeared in support of a pesticide ban. She indicated that the Auditorium Neighbourhood Association is working with Get Rid of Urban Pesticides (GROUP) on this issue. The Neighbourhood Association is also working with church properties in the neighbourhood to seek alternatives to pesticide use. P. Stang feels that a change in practice in her neighbourhood will inspire others to do the same. xii) Stan Rektor, Waterloo S. Rektor spoke in favour of controlling pesticide use. S. Rektor felt that lawn chemicals pollute the air and he is concerned about air quality in the region. S. Rektor urged Council to take leadership in addressing this issue by supporting a by-law. xiii) Mr. Robert Milligan, New Dundee R.