Recommendation: APPROVE adjustments to the city s Emerald Ash Borer Management Strategy, as described in report RPM-3-11;

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1 Page 1 of Report TO: Community Services Committee Roads and Parks Maintenance Department SUBJECT: 2011 Emerald Ash Borer Action Plan Report Number: File Number(s): Report Date: March 31, 2011 Ward(s) Affected: All Date to Committee: April 20, 2011 Date to Council: May 2, 2011 Recommendation: APPROVE adjustments to the city s Emerald Ash Borer Management Strategy, as described in report RPM-3-11; APPROVE the 2011 Emerald Ash Borer Action Plan, described in report ; APPROVE the Council Resolution regarding A Federal and Provincial Role in Urban Forestry, attached as Appendix C to Roads & Parks Maintenance Department report ; DIRECT the City Clerk to forward the Council Resolution attached as Appendix C to Roads & Parks Maintenance Department report to the Federation of Canadian Municipalities and the Ontario Association of Municipalities; and DIRECT the Director of Roads and Parks Maintenance to provide Council with a further review of the city s Emerald Ash Borer Management Strategy and a 2012 Action Plan in the spring of Purpose: Address goal, action or initiative in strategic plan Establish new or revised policy or service standard Respond to legislation Respond to staff direction Address other area of responsibility The purpose of this report is to respond to the following staff

2 Page 2 of Report directions (RPM-5-10), approved by Council on April 12, 2010: DIRECT the Director of Roads and Parks Maintenance to report back regarding the status of the Emerald Ash Borer infestation and provide Council with a 2011 Action Plan in the spring 2011., and DIRECT the Executive Director of Finance and the Director of Legal Services to prepare an analysis of the potential issues surrounding extension of city TreeAzin treatment contract pricing to residents and how any issues might be addressed. Reference to Strategic Plan: Executive Summary: N/A Council approved an initial Emerald Ash Borer (EAB) management strategy and one-year Action Plan in early 2010, with an ongoing commitment to regularly re-evaluate the strategy and provide annual Action Plans during the course of the infestation. The EAB infestation continues to spread with no indications that the insect will be coming into balance with the ecosystem anytime soon. In 2010 and early 2011, staff surveyed ash trees throughout the city using two contemporary methods. There is one infestation site identified within Burlington at this time. It is recommended that surveying continue in 2011, as in In 2010, staff completed an inventory of all tree species in active park areas. Options and costs associated with treating active area park ash trees are included in this report. A treatment strategy strives to balance the desire to maintain mature tree canopy and neighbourhood character, with economics and due consideration of the uncertainties involved. The treatment program included in the initial EAB management strategy focused on protecting a limited number of trees on mature ash monoculture street segments through injection with the pesticide TreeAzin. During consideration of EAB reports in 2010, Council expressed a desire to consider expanded treatment options. While TreeAzin remains promising, staff and the city s consultants are of the opinion that any treatment program should be cautiously implemented.

3 Page 3 of Report A moderately expanding treatment strategy is recommended by staff at this time. The costs associated with managing EAB based on several expanding treatment options, along with a no treatment option, are detailed in Appendix A. Option 3 is recommended, in which treatment is limited to trees with a diameter of 30 centimetres or more. The recommended treatment area for 2011 is depicted in Appendix B. The tree removal approach approved in the initial EAB strategy was to remove any city tree known to be infested. Staff now recommends that infested trees (i.e. those not part of the treatment program) not be removed until external signs of infestation become visible. The forecasted 10-year cost of the recommended strategy is less than that proposed in the 2011 Capital Budget. Future budget proposals will be adjusted based on the latest cost estimates available. No Federal or Provincial funding programs currently exist to assist property owners in managing EAB. It is recommended that Council approve the resolution, found in Appendix C, urging Federal and Provincial governments to take leadership roles in recognizing and financially supporting threats to urban forestry. As requested by Council, an analysis of the potential issues surrounding extension of city treatment pricing to residents is also provided in this report. Extension of city pricing to residents is not recommended by staff due to the issues discussed. A communications plan is provided to provide all residents with general information regarding EAB and to provide more specific information for residents within areas targeted for treatment. This report provides a 2011 EAB Action Plan based on recommended adjustments to the city s EAB Management Strategy, including an expanded treatment program. Sufficient funds are available within the 2011 Capital Budget. Background: Council approved an initial Emerald Ash Borer (EAB) strategy in February 2010, with an ongoing commitment to regularly reevaluate the strategy during the infestation. The approved strategy includes: limited proactive surveying for EAB;

4 Page 4 of Report removal of infested public trees; and efforts to protect some trees through injection with the pesticide TreeAzin. Council subsequently approved a 2010 EAB Action Plan that included the following activities: surveying for the insect; tree removal and replacement, if required; limited TreeAzin pesticide treatments; completion of a park tree inventory; and public communications. This report provides an overview of the current status of the infestation and discussion on various EAB management considerations. Furthermore, this report presents recommendations for adjustments to the city s general strategy and activities for a 2011 Action Plan, based on up-to-date science and a review of practices found in other communities. It should be noted that city ash street trees represent an estimated 0.3% of the city s total tree canopy. Plant Health Consultant Kenneth R. Marchant and Urban Forestry and Arboricultural Consulting firm Urban Forest Innovations were retained to research the latest information and assist staff in the development of the 2011 Action Plan outlined in this report. Discussion: Infestation Update EAB Continues to Spread The EAB infestation continues to spread from its origins in the Detroit/Windsor area and is now present in 15 states and 2 provinces. There are no indications that the insect will be coming into balance with the ecosystem anytime soon (e.g. due to natural predators or pathogens) and that populations will decline. It remains likely that most publicly and privately owned ash trees in Southern Ontario will be attacked by the insect within the next ten years. GTA and Niagaraarea Municipalities Most GTA and Niagara-area municipalities have now confirmed the presence of EAB, with some experiencing EAB

5 Page 5 of Report infestations several years advanced from that found in Burlington. Burlington No evidence of EAB has been found beyond the original infestation site identified in March This area is centred just north of the QEW between Guelph Line and Walkers Line. Planning in Other Municipalities As part of the analysis performed in preparation for this report, information was obtained from other municipalities on the status of their EAB management planning. A summary of responses received is presented in the table below. Municipality Yes EAB Management Plan No Under Development Funding Allocated for EAB 2011 Future Cost Identified Brampton X N/A Brantford X N/A Burlington X $194,000 $11.3M (2011 Capital Budget & Forecast) Hamilton X $250,000 $36M Kitchener X No Specific Allocation $175,000 in 2012 London X N/A Mississauga X No Specific Allocation No Specific Allocation Oakville X N/A Ottawa X $450,000 St. Catharines Toronto X X No Specific Allocation No Specific Allocation No Specific Allocation No Specific Allocation No Specific Allocation York X N/A EAB Management Considerations Survey Program Branch Sampling In late 2010 and early 2011, staff surveyed trees throughout the city using the Canadian Forest Service branch sampling

6 Page 6 of Report method. This method, now being performed by a number of Ontario municipalities, provides a means of identifying EAB before visual indications appear, and provides data on the severity and age of active infestations. Prism Traps Continue Surveying Hyperspectral Imaging In 2010, staff hung prism traps at 10 locations throughout the city in conjunction with the Canadian Forest Service. These green traps attract and catch flying adult beetles and may also identify if EAB is present in an area, prior to the appearance of signs and symptoms on affected trees. Several beetles were caught in the same infestation site noted above. It is recommended that branch sampling and prism trap surveying continue in 2011, as in In order to evaluate potential management strategies and develop cost forecasts, it is imperative to have an understanding of the infestation status. Hyperspectral Imaging is the analysis of aerial-based imagery acquired from satellites or high flying aircraft. Techniques are currently being developed and assessed for urban forestry applications, such as tree species identification and evaluation of foliage health. Hyperspectral Imaging is not recommended for use in 2011, for several reasons: the technology remains under development; the city has completed an urban street and active park area tree inventory; and it is a costly undertaking, in the range of $100,000. Staff will continue to monitor the development and potential future uses of this technology in the coming years. Parks and Woodlots Parks Tree Inventory In 2010, staff completed an inventory of all tree species in active park areas. This task was necessary in order to properly consider an expanded treatment program. Completing this inventory was also a goal within the city s Urban Forest Management Plan, approved by Council in July The inventory identified over 1,300 ash trees in active park areas. Options and costs associated with treating these park trees are included in this report.

7 Page 7 of Report Woodlot & Creek Block Ash The inventorying or treatment of individual ash trees in park woodlots and city creek blocks is not recommended at this time, due to operational challenges and prohibitive expense. Treatment Program Treatment Strategy Available Insecticides The city s treatment strategy strives to balance the desire to maintain mature tree canopy and neighbourhood character, with the economics and uncertainties involved with treatment. Treatment may also buy time for other, more desirable, solutions to develop, such as the natural collapse of the infestation or alternative management options. There are now two pesticides registered in Canada for use against EAB: TreeAzin and ACECAP 97. Staff and the city s consultants do not recommend consideration of ACECAP 97 because research of this product has shown limited efficacy against EAB. Other promising products are available in the United States; however, future registration in Canada is uncertain. Staff continues to monitor these developments. Initial Treatment Strategy 2010 Treatment Program The treatment program included in the initial EAB management strategy, approved by Council in February 2010, was to protect a limited number of trees through injection with TreeAzin. The 2010 program was limited due to the infancy of the infestation in Burlington, and the uncertainty of cost and risk associated with treatment. In 2010, 526 trees were treated on 25 mature ash monoculture road segments. The program ran well and provided staff with increased confidence in treatment procedures and pricing. Initially, the 2010 program limited treatment to trees between 30 and 60 centimetres in diameter. This criterion was recommended in order to limit costs and to address concerns with treating larger trees. Favourable treatment pricing allowed treatment to extend to trees above 60 centimetres and no issues were reported. There were, however, minor issues with the required injection hardware and with the formulation of the insecticide, which has resulted in product recalls by the manufacturer. The supplier advises that these problems have now been resolved and will not be an issue for 2011 and subsequent years.

8 Page 8 of Report TreeAzin Efficacy Confidence in TreeAzin within the arboriculture industry is increasing, yet hard scientific data remains limited. Furthermore, the efficacy of TreeAzin has not been tested through a full infestation cycle and it is not known how well this product will perform when EAB enters its expected epidemic phase. In January 2011, TreeAzin received emergency registration by the Pest Management Regulatory Agency for a third consecutive year. Multi-year emergency registrations are not typical. BioForest, the supplier of TreeAzin, has several studies underway to provide the additional data required and is expecting full registration in The vendor of TreeAzin continues to advise that bi-annual injections will provide sufficient protection, but cautions that annual injections may be required during the very high EAB population pressures experienced during the epidemic phase of an outbreak. Treatment Uncertainty While TreeAzin remains promising, staff and the city s consultants are of the opinion that any treatment program should be cautiously implemented because: it is not known how long treatments may need to be continued; bi-annual TreeAzin treatment may not be sufficient in the longer term, thus requiring annual treatment and significantly increased costs; TreeAzin s long-term efficacy has not been established; quality control issues have occurred with TreeAzin product formulation and the injection system; and the implications on tree health, due to long-term repeated injections, are largely unknown. Expanding Treatment Recommended A cautiously expanding treatment strategy is recommended by staff at this time. This strategy would see a number of city street and inventoried park ash trees treated in expanding areas within, and buffering, known infestation sites. If this approach is continued beyond 2011, it is assumed that treatment would be expanded throughout the entire urban area in three years. Staff will continue to monitor the latest science and information regarding treatment options and recommend any adjustments to the city s strategy, and future action plans, on an annual basis. Options During consideration of EAB reports in 2010, Council expressed a desire to consider expanded treatment options. The costs associated with managing EAB based on several expanding treatment options, along with a no treatment option, are detailed in

9 Page 9 of Report Appendix A. The expanded options assume similar treatment of inventoried park trees as with street trees. The options presented are: 1. No treatment (replace street trees and inventoried park trees); 2. Continue existing strategy (treatment of mature ash monoculture streets only); 3. Treat street trees and inventoried park trees 30cm and larger; 4. Treat street trees and inventoried park trees 20cm and larger. Treatment Investment Estimated Future Expenditure Appendix A also details the estimated investment in the treatment program included in each option. As discussed above, TreeAzin is not fully proven and it is possible that tree replacement could be required at some point in the future despite an investment in treatment. Treatment with TreeAzin also does not guarantee ash will not succumb to other mortality factors during this period. In his presentation to the Community Services Committee on March 31, 2010, Mr. Joe Meating, representing BioForest Technologies Inc., referred to 20 year treatment forecasts. It should also be noted that Winnipeg has continued to treat some of its elm trees for Dutch Elm Disease since the 1970 s. Council should note the Estimated Ongoing Future expenditure associated with each option in Appendix A. It is uncertain how long treatment may be required to provide protection from EAB. In addition to a 10-year forecast ( ), a further 10-year ( ) Estimated Ongoing Future cost estimate has been provided assuming ongoing bi-annual TreeAzin treatment. It should be noted that it is extremely difficult to accurately predict costs for this period due to the number of variables with respect to treatment and EAB epidemiology. Cumulative Costs Recommended Option Appendix A also provides a chart showing the cumulative cost of each option considered. It can be seen that the estimated costs of Option 1 (removal and replacement only) are contained within the first 10 year period, while the costs associated with Options 2, 3 and 4 continue to accumulate beyond 10 years, due to assumed ongoing treatment of varying magnitudes. Option 3, in which treatment is limited to trees with a diameter of 30 centimetres (measured at 1.4 metres above the ground) or more, is recommended. An estimated 5% of the candidate trees would not receive treatment due to general health or structural concerns. This

10 Page 10 of Report criterion will ultimately lead to the protection of an estimated 3,100 street and inventoried park trees. Treatment of trees below 30 centimetres is not recommended at this time due to the: increased ongoing, long-term costs; increased investment in an uncertain treatment; and lessened impact of canopy loss associated with eventual replacement of trees under 30 centimetres in diameter. If approved, this strategy will supersede the more limited strategy approved in Trees that were treated in 2010 would be absorbed within the revised, expanded treatment program. Recommended 2011 Treatment Area The recommended treatment area for 2011 is depicted in Appendix B. This area encompasses the current infested area noted earlier in this report and will result in the treatment of approximately 450 trees. Tree Removals Initiation Removal Strategy The tree removal approach included in the initial EAB strategy, approved by Council in February 2010, was to remove any city tree known to be infested. The basis of this strategy was to initiate removals as soon as possible, thereby spreading out the financial impact of the infestation; and limit the spread of EAB by reducing the amount of brood sites for the insect. No ash trees were removed due to EAB in Adjusted Strategy for 2011 Staff now recommends that infested trees (i.e. those not part of the treatment program) be removed when external signs of infestation become visible (e.g. crown die-back). This approach will help with resident acceptance of the necessity for tree removal. The presence of an expanded treatment program makes the need to proactively remove trees less imperative. Summary of Recommended Strategy Adjustments Surveying It is recommended that branch sampling and prism trap surveying continue in 2011, as in Hyperspectral Imaging is not recommended for 2011.

11 Page 11 of Report Treatment Removals A cautiously expanding treatment strategy, limited to trees with a diameter of 30 centimetres or more, is recommended at this time. Staff recommends that infested trees be removed when external signs of infestation become visible. Financial Matters: Source of Funding Revised Budget Forecast The revised10-year projected cost estimates, based on the recommended adjustments to the EAB Management Strategy discussed in this report are shown below, along with the funding approved in the 2011 Capital Budget, (Emerald Ash Borer ST-MP-1225). Adjusted EAB Management Strategy Estimated Cost and Funding Proposed in the 2011 Capital Budget Recommended Adjusted Strategy () 2011 Capital Budget (ST-MP-1225) ($000) 2015 to 2020 Total ,328 6,593 9, ,100 8,620 11,264 Difference (4) (328) (2,027) (1,742) The forecasted 10-year cost of the recommended strategy is less than that proposed in the 2011 Capital Budget. The 2011 budget figures were based on analysis performed in the winter Future budget proposals will continue to be adjusted annually based on the latest cost estimates available. Funding Programs No Federal or Provincial funding programs currently exist to assist municipalities or other property owners with managing EAB. It is recommended that Council approve the resolution, distributed and encouraged by the Municipal Arborists and Urban Foresters Committee, found in Appendix C, urging Federal and Provincial governments to take leadership roles in financially supporting threats to urban forestry.

12 Page 12 of Report Extension of City Treatment Pricing to Residents The discussion below presents an analysis of the potential issues surrounding extension of city treatment contract pricing to residents and how such issues might be addressed. The section was reviewed with the city s purchasing and legal staff. Current Favourable Pricing The city received very favourable pricing in the contract awarded for 2010 TreeAzin treatments. This contract has four additional option years remaining and indications are that the vendor is interested in renewing the contract for It should be noted that the city s vendor is not interested in treating private trees under the terms of the current contract. Vendor Fairness Extending contract pricing to residents was not a part of the original 2010 Request for Quotations. In a competitive process, the city has a duty to disclose material information about the contract at the time of issuing the bid document. The city also has a duty to treat all bidders fairly. Having the current vendor extend contract pricing to residents under the original 2010 Request for Quotations may have legal implications for the city. Staff is of the opinion that any extension of city pricing to residents would require a new competitive process for 2011 EAB treatment, which would delay the 2011 Emerald Ash Borer Action Plan as described in this report. This could result in less favourable contract pricing than is currently available to the city and consequently a more expensive treatment strategy. Precedent Setting City Price Impact Initiating such a practice could establish a precedent with respect to extending city purchasing power to residents. There are numerous products and services purchased by the city that would be of interest to residents. Initiating such a practice could increase the unit price for future city work. Vendors may increase the unit price in order to accommodate for any perceived additional risk in performing and administrating work on private property. Vendors could be requested to submit separate pricing for the city and resident portions, however; this would defeat the purpose of the practice. Promotion of Vendors The city should not promote any particular vendor and needs to be open, fair and transparent with its procurement practices.

13 Page 13 of Report Given that there are many businesses in the area providing TreeAzin treatment, the promotion of one vendor or product above others contradicts this principle. Capacity to Complete Work It would be difficult for staff to estimate the degree of up-take by residents of any city-pricing program. This would make treatment volume estimates within a Request for Quotation or Tender very uncertain. In order to secure best value in procurements, staff strives for accuracy in estimated unit volumes. TreeAzin treatments are effective during a limited annual window of May to July. The potential volume of additional private resident work could interfere with the vendor s ability to complete the city s portion of any contract. The vendor could be required to prioritize completion of the city s contract first. This could, however, lead to issues in completing the private work. Contractor Legal Obligation Private Ash Tree Treatment Program There may be no legal obligation for a successful vendor to honour city pricing to residents, even if awarded a city contract specifying such. The successful vendor may not be contractually bound to a third party (i.e. any interested resident) who is not a party to the contract. Council could consider a private ash tree treatment program operated by the city. Interested residents would register and make payment through the city. This option would require additional staff resources in the range of approximately $25,000 annually, to coordinate the additional work on private lands and resolve issues that will inevitably arise. The city would need to obtain permission from the residents to enter their private property and would need to have the residents sign a waiver in favour of the city. The multi-year nature of the treatment required may also present problems given that ownership of the properties being treated may change over time. The city would require an indemnity from the vendor for all work performed on both city and private property. There could be attempts to draw the city into any disputes between the vendor and participants of the program since the vendor would be endorsed by the city.

14 Page 14 of Report Recommendation Extension of Pricing not Recommended Extension of city TreeAzin treatment contract pricing to residents is not recommended by staff due to the issues discussed above. Staff is not aware of any similar program in operation, or under consideration, in any other Canadian municipality. Interested residents may approach the city s contractor to request private tree treatments independently. This approach is similar to contractors on road projects soliciting for private work in areas near city projects and is staff s recommended approach. Environmental Matters: Urban Forests Urban forests provide a wide range of benefits to cities and the areas around them. These benefits are detailed in the city s Urban Forest Management Plan, approved by Council in July TreeAzin The environmental implications of TreeAzin were discussed in report RPM Communication Matters: Objectives Inform all Residents The first objective of the EAB communication plan for 2011 is to provide residents with information regarding: the EAB infestation and the effect it will have on Burlington; options for resident management of private ash trees on their properties; and the city s plan to manage the impact of EAB on public trees. Awareness for Treatment Areas The second objective is for residents within areas targeted for TreeAzin treatment to provide: information on actions the city will be taking in their neighbourhood; and residents with an opportunity to ask questions.

15 Page 15 of Report Strategy & Tactics Website City Talk Media Relations Advertising EAB Target Neighbourhood Mailer and Meeting A web page was developed on to provide comprehensive information on EAB and the city s Active Management Strategy. A button will be placed on the burlington.ca homepage linking the homepage directly with the EAB information. An article on EAB and the city s strategy for managing the infestation will be included in the Summer 2011 issue of City Talk. Media releases will be used to provide information on the city s 2011 Action Plan for managing EAB, as well as, to provide information on public information meetings and other public education forums. Advertisements will be placed in the City Update section of the Burlington Post to inform residents about EAB and the city s 2011 Action Plan. Advertisements will focus on providing general information on EAB and directing residents to the website for more information. A neighbourhood mailer will be developed and delivered directly to residents abutting road segments that are targeted for treatment. The focus of this mailer will be to: inform residents that treatment will take place; provide a timeline for the treatment program; invite residents to an information meeting that will provide further information on the treatment program; and direct residents to the website for inquiries and further information. Conclusion: This report provides a 2011 EAB Action Plan based on recommended adjustments to the city s EAB Management Strategy, including an expanded treatment program. Sufficient funds are available within the 2011 Capital Budget.

16 Page 16 of Report Respectfully submitted, Mark Covert Manager of Field Services - Roads , ext Rick Lipsitt City Forester , ext Appendices: A. Estimated Costs of EAB Management Strategy Options B Proposed Treatment Area C. Council Resolution Notifications: (after Council decision) Name Federation of Canadian Municipalities Association of Municipalities of Ontario Mailing or Address 24 Clarence Street Ottawa, ON K1N 5P3 200 University Avenue, Suite 801 Toronto, ON M5H 3C6 Approvals: *required *Department City Treasurer General Manager City Manager Committee Disposition & Comments Council Disposition & Comments To be completed by the Clerks Department 01-Approved 02-Not Approved 03-Amended 04-Referred 06-Received & Filed 07-Withdrawn 01-Approved 02-Not Approved 03-Amended 04-Referred 06-Received & Filed 07-Withdrawn