Council Appointee Sub-Committee — Portland, ME
Date: 2019-07-29
Time: 11:00

City of Portland
 Pesticide Management Advisory Committee Waiver Hearing

 July 29, 2019
 11:00 AM
 City Hall ­ Room 24

1. Welcome and Introductions
2. New Business (5 minutes)
 a. Cushings Island Conservation Corporation has requested a waiver from provisions
 of the Portland Pesticide Ordinance in order to apply otherwise prohibited pesticides
 to treat invasive plants.
3. Adjournment

City of Portland
 Pesticide Management Advisory Committee Waiver Hearing

 July 29, 2019
 11:00 AM
 City Hall ­ Room 24

1. Welcome and Introductions
2. New Business (5 minutes)
 a. Cushings Island Conservation Corporation has requested a waiver from provisions
 of the Portland Pesticide Ordinance in order to apply otherwise prohibited pesticides
 to treat invasive plants.
3. Adjournment
 PESTICIDE ORDINANCE WAIVER APPLICATION
 Pest Management Advisory Committee (PMAC)

APPLICANT INFORMATION

Applicant Name: John Spencer, President Cushings Island Conservation Corporation
 Livy More, Chair Cushings Island Landscape Committee

Address: Cushing Island, Portland 04109

Email Address: jsspencer41@gmail.com livezey@aol.com

Telephone Number: John 207-766-2680 (H) Livy 207-766-2606 (H)
 617-680-0012 (C) 202-262-7695 (C)

Submission Date: July 9, 2019

I am a: X Resident

Are you a licensed commercial applicator? X No

REASON FOR REQUESTING THE USE OF A PROHIBITED PESTICIDE

X For the control of invasive plants that pose a threat to the environment (For a list of Maine Invasive
Plants visit: http://www.maine.gov/dacf/mnap/features/invasive_plants/invsheets.htm) ☐
Required to protect buildings or structures from damage

Please provide a detailed account of the problem you would like to address with the proposed
pesticide application. Include photos of the problem/pest and extent of the problem (this may be number
of pests or area covered):


Most areas on Cushing Island – both common land and privately held land - have been invaded by Asiatic
bittersweet, bush honeysuckle, barberry, and black swallowwort. These invasive plants have eliminated
native understory plants (such as bayberry, viburnum, and sumac) in some areas and threaten the
natives in other parts of the island. The bittersweet vines climb and eventually kill the native trees. In
addition, invasive shrubs, especially barberry, are known to harbor ticks.
Making the right pest identification is important and can be difficult. Resources for pest identification are
available at: http://www.maine.gov/dacf/php/gotpests/invasive-pests.htm. NOTE: Applications for
poisonous plants such as poison ivy, pests of significant health importance such as ticks and mosquitos,
and destructive pests such as carpenter ants and termites are exempted under the ordinance. No waiver
is necessary to address these pests.




What steps did you take to evaluate alternative methods to the proposed pesticide application,
including but not limited to, non-pesticide management tactics, minimum risk pesticides, non-
synthetic pesticides, and selecting the minimum amount of the least toxic, most effective
pesticide necessary.

We have employed a variety of non-pesticide methods over many years. These include hand and
mechanical removal, repeated mowing, trials of organic herbicides, and the introduction of grass and/or
native alternatives to compete with the invasive plants. Because the organic herbicides are not systemic,
the invasives quickly rebound.



PROJECT INFORMATION
What are you treating? X Barberry, honeysuckle and bittersweet. Note we are waiting for a biological
control for swallowwort and will rely on mowing, not herbicide, in the interim for this very widespread plant.

Address of proposed application: Cushing Island on conserved and commonly held land.

Please attach a map of the proposed application area (this may be a sketch, however it should be to scale
and include property boundaries, structures, and water bodies).


Map and photos are attached to this document. The request is to allow use of synthetic herbicide
(Roundup) over the entire area designated as conserved (in green) or commonly held (in orange) beyond
75 feet from the shoreline and swamp.



Is this application within 75ft. of a waterbody? X No

Proposed pesticide: Roundup Concentrate Plus in a 20% solution

Amount to be applied: not to exceed 32 oz per year (two 16oz containers of concentrate).

Method of application: Cut stem treatment using applicators, like small paint brushes or foam brushes

Proposed timing(s)/frequency of use: Timing will be based on clearing and maintenance projects to occur
over time starting in late August until mid October. Frequency will be once per targeted individual invasive
plant, once the stem has been cut. Frequency will be annual for the next 7 years, when we will revisit the
below referenced land management plan.
Proposed date of application: There is no specific date as treatment will be timed with maintenance,
clearing, weather, and availability of volunteers experienced with herbicide use. The window for effective
treatments is in the late summer, early fall when targeted plants draw nutrients into the root system.


Please provide a detailed management plan for your proposed application, including how you will
minimize the impact of this application on abutting properties and, to the maximum extent
possible, ensure that the grant of the waiver will not be detrimental to the public’s health, safety or
welfare.


Most of the proposed treatment areas are at a distance from residential properties. When treatment areas
abut residential lots, there will be no applications within 25’ of the boundaries. During the late summer/fall
period, the island population drops significantly. Painting stumps (as opposed to spraying) eliminates the
risk of harming non-target plants.


The request is part of a ten year land management plan adopted in August 2016 and posted on the
Cushings Island Conservation Corporation website at

https://sites.google.com/site/cushingsconservation/land-management-plan

In that plan we are clearing invasives out with mechanical methods and state:

“Herbicides will be limited in use, primarily to manage invasives from redominating cleared areas not
controlled by mowing.”

Please also note that the plan includes actions to restore native plants as invasives are managed.

The plan is for the conserved area, but the same actions are in place for commonly held land as well.




NOTE: the following applications are prohibited:
 ● Broadcast applications: the spreading of pesticides over an entire area
 ● Preemptive applications: the application of pesticides as a measure against something possible,
 anticipated or feared, i.e., as a preventive or deterrent measure




In order for the waiver to be considered, all of the fields above must be completed. For questions, please
 contact Ashley Krulik in the Sustainability Office at 207-874-8663.

 Completed forms may be emailed to akrulik@portlandmaine.gov, or mailed or delivered to City Hall, 389
 Congress Street, Portland, ME 04102.
 EXAMPLES OF WIDESPREAD
 INVASIVES ON CUSHINGS ISLAND




 Barberry understory




Honeysuckle closeup Masses of honeysuckle




Bittersweet
CUSHINGS ISLAND, PORTLAND, MAINE

Code:
Green – Cushings Island Conservation Corporation – preserved land
Orange – Cushings Island commonly-held land
Brown – Private households or privately-held plots

CITY OF PORTLAND, MAINE
 Pesticide Management Advisory Committee - Waiver Sub Committee Hearing
 Review Cushings Island Conservation Corporation Waiver Request

 Minutes July 29, 2019



Waiver Committee Members Present:​ Avery Kamila, Troy Moon
Staff Present​:​ Ashley Krulik
Additional PMAC Members Present:​ Priscilla Skerry, Jesse O’Brien
Cushings Island Conservation Corporation Representatives: ​John Spencer, President of
Cushings Island Conservation Corporation, and Livy Moore, Chair of Cushing Island Landscape
Committee

Meeting was called to order at 11:01 AM by Troy Moon.

Troy Moon: Goal is to hear waiver request presentation from applicants. Waiver committee will
ask clarification questions. A written response will be issued to applicants after the hearing.

John Spencer presented waiver application.
 ● Storms in 2010 knocked down trees, giving invasives the opportunity to grow
 ● In 2016 developed 10 year plan to combat invasive species
 ● Biggest issues are Asiatic Bittersweet, Shrubby Honeysuckle, Japanese Barberry, and
 Black Swallowwort
 ● Primarily trying to eliminate by mowing
 ● Goal is to restore diversity
 ○ Planting native species
 ○ Spreading grass seed
 ○ Spreading wildflower seeds
 ○ Planting up to 150 plants per season - understory trees and shrubs
 ● Will continue to maintain with annual mowing and weed-wacking (which is time
 intensive)
 ● Asking for permission to use a systemic herbicide in areas where invasives are returning
 after clearing
 ● Working to paint stems but it requires a lot of labor
 ● Trialed two non-synthetic herbicides Avenger and Adios and have not had success
 ● Into 4th year and have treated 20 acres of 150 acres
 ● Plan is online and detailed areas of success and non success are shown
 ● Ticks also prove to be challenging in eradication.
 ● Only want to eradicate to a level that can be maintained

Ms. Moore added:
 ● Challenges are budget and available labor
 ● Need to be cautious around native plants when eliminating invasives

Mr. Moon questioned:
 ● Primarily eradicating barberry so far? Mr. Spencer - barberry and honeysuckle. Showed
 Mr. Moon and Ms. Kamila areas of issues on map.
 ● How is the conservation mix working? - Ms. More - conservation mix is doing well but
 bittersweet is outperforming it. Mr. Spencer - Swallowart is overcoming conservation mix.

Ms. Kamila questioned:
 ● Rock outcropping? Mr. Spencer - yes, very steep and rocky.
 ● What was the property like prior to storms? Mr. Spencer - wood lot and originally a field.
 Ms. Moore - soil is very thin, hindering native species and allowing invasives to thrive.
 ● What organic techniques have you used this year? Mr. Spencer - nothing this year. Last
 year used Avenger on barberry. 90% of what we are doing in mechanical clearing.
 ● When did you last do mechanical clearing? Mr. Spencer - yesterday. We have an
 ongoing mowing program. Purchased equipment and mow regularly throughout growing
 season. Ideally don’t want the land to look like a lawn. Ms. Moore - just cleared parade
 grounds using mechanical clearing and hand pulling. Flag winterberry and bayberry to
 not be mowed. Some areas can’t be accessed by a mower and need to be hand
 weeded. Hard to make the call between mowing vs. preserving native species.
 ● The area that has honeysuckle overgrown with bittersweet, why don’t you allow the
 bittersweet to kill the honeysuckle? Ms. Moore - they are progressing so quickly that we
 feel that we need to control it now. Trying to not disturb the soil.
 ● Have you talked to any organizations about how to treat? Mr. Spencer - Maine State
 Forest Service, Mass Audubon, Maine Audubon, Oceanside Conservation Trust, we’re
 open to new ideas. Use Native Plant Restoration Inc. methodology which uses organic
 methods and synthetic chemicals.
 ● What is the treatment history? Mr. Spencer - used Adios on northern side. Two years
 ago used one pint of Roundup on bittersweet along edge of blowdown area. Spent
 $2,000 to cutdown honeysuckle and afraid it will grow back without synthetic treatment.
 ● Application doesn’t include threshold report - can you speak to density more? Mr.
 Spencer - 90-95% barberry on hillside, flat area has been cleared. Last August City
 came out and cleared a hard to reach area. Would like to treat that area to avoid
 invasives from coming back. Where there are pockets of invasives it’s 80-90% density.
 There are many areas that haven’t been addressed and are being saved for later. Would
 like to find budget to use Brown Brontosaurus flailer machine.
 ● What is the ground like? Mr. Spencer - Leaf litter, no mulching (except what is left behind
 from mower).
 ● Why not continue to mow it? Mr. Spencer, they aren’t disappearing. Mr. Moon - it would
 take a very long time to kill a large barberry through mowing, plus mowing doesn’t
 protect native plants. Ms. More - it is very labor intensive to stay ahead of the invasives.
● Neither of you are licensed pesticide applicators, can you give us the names of the
 people who will be buying and implementing pesticides? Mr. Spencer - it will probably be
 myself and Livy.
● What procedures do you use when using pesticides? Mr. Spencer - mix it per the
 instructions and wear gloves.
● How do you dispose of empty containers? Mr. Spencer - I throw them away, there is no
 toxic pick-up of pesticide containers on the island.
● Speak about liability insurance for future pesticide claims? Mr. Spencer - we have liability
 insurance and would need to review the policy. Ms. Moore - will look into Association
 liability coverage.
● Would advise looking into liability policy specific to Roundup.
● Any additional information on land use history - bittersweet likely planted by the military
 and/or Portland Garden Club for the military. Mr. Spencer - there is a detailed analysis of
 the land types in the 2012 plan. Wetland area that was dug out by army. Hardwood
 section that runs from northern side. 40 acre evergreen woodlot. Old pasture - apple
 trees, some maples, sparsely wooded.
● Was there a management plan prior to 2010 storms? Mr. Spencer - after the storm, City
 helped clear land, the Conservation group purchased equipment, saw effectiveness and
 created plan. Prior to 2010 the land was overgrown. Most of the back of the island was
 military owned.
● Where are these 6 areas in terms of ecological succession? Mr. Spencer - swamp hasn’t
 changed. Hardwood area has mature maples, birch, oak but the understory is at risk.
 Ms. Moore - most areas have been touched by humans and opened it up to spread. Mr.
 Spencer - forest is in decline, storm injured it, did not qualify for FEMA relief. Blowdowns
 are still there. More trees have come down due to storms because nothing is protecting
 them.
● Berries from invasives are eaten by birds which helps the spread. How will applying
 Roundup this year prevent new plants from sprouting next year that are spread by
 seeds? Mr. Spencer - application asks for permission to apply for 7 years.
● Cut stem proposal, why apply in fall? - Mr. Spencer - more effective in the fall when plant
 is drawing stuff into its root system.
● Why not continue to just mow? Mr. Spencer - want to kill them now and too labor
 intensive. Ms. Moore - mechanical means are not selective enough to protect natives.
 Hope is that ongoing physical labor will lessen with use of synthetic pesticide.
● How would you post signage? Mr. Spencer - wasn’t planning to post signage. Ms.
 Kamila - posting of signage is required. Ms. More - I wasn’t aware of that but we can do
 that. We can also notify residents via listserv. Mr. Moon - there is a very small population
 and limited access points. Ms. Moore - can post signage at adjacent trail entrances.
● Frequency requested is annual for 7 years, PMAC cannot grant waiver for ongoing
 application dates. Mr. Spencer - can’t give specific application dates at this time.
● Spoke with Maine State Invasive Specialist - nothing is a silver bullet. Can you explain
 your rationale for using a high risk, banned herbicide? Mr. Spencer - don’t expect to
 eliminate, just reduce. Do not think mowing is effective enough. Do not see any other
 alternative.
 ● Distributed resources - Rewild Maine (offers manpower to combat invasives), Michael
 Nadeau (organics and invasive specialist)

Public Comment
 Dr. Skerry - EPA has not been doing their job testing pesticides. Microbiomes have
 important roles. Pesticides kill microbiomes in soil and plants and we have little
 knowledge about the full effects that the pesticides cause.