Pesticide and Fertilizer Task Force — Portland, ME
Date: 2016-07-26

City of Portland
 Pesticide and Fertilizer Task Force
 July 26, 2016
 6:00 PM
 Room 24
 AGENDA




 1. Welcome and Introductions (5 minutes)

 2. Review and approve minutes (5 minutes)

 3. Discuss key elements of the South Portland Draft Ordinance (25 minutes each)

 a. Does the Task Force want to recommend a ban or restriction on the sale of pesticides

 and/or fertilizers?

 b. Does the Task Force want to recommend ordinance language that would generally ban

 the use of chemical pesticides?

 c. Does the Task Force want to recommend a ban or a restriction on the use of pesticides

 on public property?

 d. Does the Task Force want to recommend a ban or a restriction on the use of pesticides

 on private property?

 4. Discuss Agenda for Next Meeting (10 minutes)

 5. Adjourn


Please refer to the committee web page for background documents:

http://www.portlandmaine.gov/1774/Pesticide-and-Fertilizer-Task-Force
 City of Portland
 Pesticide and Fertilizer Task Force
 July 5, 7:00 – 9:00 PM
 Room 24
 Minutes

Task Force Members Present: Councilor Mavodones, Joe Staples, Avery Kamila, Rachel Bouvier, Deven
 Morrill, Jesse O’Brien, Seana Cullinan, Cathy Ramsdell, Wendy Harmon, Bob Searle, Fred Dillon

Task Force Members Absent: Tim Currier
Staff Present: Troy Moon and Ethan Hipple

 1. Welcome and Introductions

 Councilor Mavodones called the meeting to order. Councilor Mavodones reviewed agenda
 and meeting policy; Councilor Mavodones asked members of the public to refrain from
 speaking during the meeting, no public comment will be taken at this meeting.

 Councilor Mavodones- The first meeting was an organizational meeting, we may need to ask
 the council for more time for these meetings.
 Troy Moon- The objective of this meeting is to get a sense of how the task force feels about
 pesticides. After Ethan Hipple’s presentation the task force will have time to ask questions
 and discuss the issue.


 2. City Policy for Use of Pesticides on Public Property
 a. Presentation by Ethan Hipple, Parks Director
 Ethan Hipple- Introduced himself, he worked with other parks staff to look at what the parks
 department is currently doing and what they should be doing, in terms of pesticide use. Hipple
 and his staff first created a policy statement on what they are currently doing, including staff
 practices, this is a policy statement, not an ordinance. The policy statement (which was made
 available to the task force members), stated that the parks department is not using pesticides
 on most City properties, including open spaces, play grounds, school grounds, and any park
 land that is not an athletic facility/field. The Parks department uses pesticides on the athletic
 fields and the golf courses. It is extremely expensive to do an organic golf course. The City’s
 athletic fields are designed to get between 200-250 hours of use a season, but most City fields
 get 1200 hours a season. We have an active population, which puts stress on the fields. To give
 the field a chance, the parks department needs to use pesticides. They don’t use pesticides for
 cosmetic purposes on any city properties.
 The policy statement provided by the parks department does not touch on fertilization. They
 use pesticides on a spot bases. If they promote healthy turf through alternative methods (over
 seeding, mow high, etc) then they don’t have to use pesticides as much. The City has two
 highly trained individuals who apply the pesticides. The Parks Dept has concerns that if they
 stop using pesticides the City would lose entire athletic fields. It cost about $200,000 to replace
 a field. They are testing a synthetic pesticide side by side with an organic method to test the
 results. For the fields that aren’t getting heavy use, the Parks dept. has decided to stop using
 pesticides on those properties. Troy Moon will post the list of fields where pesticides are used
 on the City’s website. The Parks Department looked at the golf course, they have come up with
 a plan that will use pesticides on an every-third year rotation, they will take 9 holes each year
and treat every three years.

In terms of City trees- the Parks Department only treats with pesticides if there is an
infestation. In Ontario, Canada ban on pesticides, there is an exception for trees because they
are so important to our society.
In the City, the Parks department’s current exceptions for using pesticides- include poison ivy
and invasive plants (Japanese knotweed and others) or pests such as hornets.

b. Q & A
Cathy Ramsdell - Are you using the 1,2,3,4 levels for all of the playing fields? Is it fair to say that
using neonics can be stopped on the golf course?
Ethan Hipple- The superintendent is comfortable using the suliprin – a non-neonicotiniods
chlorantraniliprole
Avery Yale Kamila- How many golf memberships at the golf course. I know the number has
been declining. People also want the city to move away from pesticides. The city doesn’t have
an organic pesticides expert, there is course being offered at USM this fall. Avery Yale Kamila
handed out a book to the members of the task force.
Ethan Hipple- The golf course usage has steadily been going up for the past several years, if
you drive by on a week night or weekend, there are a lot of people on the course.
Rachel Bouvier- what about soccer fields at high schools, Deering High School?
Ethan Hipple- It’s a park surrounding Deering High school, pesticides are used on those athletic
fields.
Devon Morrill- With limited time here, I wanted to give some hand out on integrated pest
management (IPM), this handout lets people know what is already happening in Maine. I did
take a stab at a draft ordinance on IPM, it creates an IMP coordinator within the city (see hand
out). A creation of an application log, would help track when and where the city is using
pesticides. Lastly, the ordinance also has public education piece (see hand out).
Joe Staples- What is the threshold for treatment with pesticides? When do you absolutely have
to treat?
Ethan Hipple- There is room to improve our thresholds. We usually treat when it gets down to
the soil. The parks Department records when and where we treat.
Avery Yale Kamila- The city is required to turn in an annual report on this every year.
Devon Morrill- The greater level of detail is available for every school. We are required to
report on it.
Joe Staple- is the threshold measured for each invasive species?
Fred Dillon- in the state of Maine, every pesticide is set by state regulations
Ethan Hipple- City staff do the pest control, we contract out for the mowing. The results of any
treatment for any school is available.
Councilor Mavodones- Doug is the person to contact to get that information about the schools
Fred Dillon- in South Portland, is had become clear that private property is as much of an issue
as city properties.
Ethan Hipple- On private properties, you don’t have to be licensed to apply the pesticides
Cathy Ramsdell- we can document the public property. Coming back up to the high level, what
are we doing for public verses private property? Private property will be an interesting issue.
Fred Dillon- there is a bite and sting exemption for pesticides correct? – Ethan Hipple- yes
correct.
Cathy Ramsdell- Four things we might have common ground on…
1. Cathy Ramsdell - Neonicitinoids – out? Does everyone agree?
 Devon Morrill- No, I disagree, there are still some applications that neonics are still
 recommended.
 Councilor Mavodones- it looks like we need some more information before making that
 decision.
2. Cathy Ransdell- Transparency-
 Councilor Mavodones- you mean as much transparency as possible is what we are striving
 toward.
 Fred Dillon- we need to clarify what we mean by transparency.
 Rachel Bouvier- a clear standardized reporting requirements are needed.
 Jesse O’Brien- The problem with a standardized form is that thresholds for pesticide usage
 can be different from year to year. The education points are just as important.
3. Cathy Ramsdell - Land care vs. inside building care- we ( the task force) are more
 concerned with what’s going on outside of the building.
 Councilor Mavodones- Does everyone agree? YES everyone agrees
4. Cathy Ramsdell - Intergrated Pest Management- I’m not convinced organic is better than
 synthetic, but IPM in the city would be the way to go. The city doesn’t have an IPM person
 that is dedicated to this issue.
 Fred Dillon- I agree, we should be looking into IPM.
 Devon Morrill - we can put this under the education piece, whether it is this handout or
 something else, education can only help.
 Rachel Bouvier- I can’t draw the line between synthetic and organic, my goal is public
 health. I’m looking for what is the most or best way to protect the public health and there is
 no simple solution.
 Jesse O’Brien- if we are going for an ordinance, we need to include more people,
 developers, landscapers, and any others.
 Fred Dillon- You can get scientists that argue on both sides of this, the middle ground is
 going to be murky.
 Ethan Hipple- we really try to look at it through the lens of do no harm, or the least harm.
 Jeff Tarling has been using parasitic flies to treat pests, but sometimes that may not work,
 so banning a class of pesticides, eliminates a tool that we can use. I’m an environmentalist
 with kids, I don’t want to use things we don’t have to too, but I would caution against
 banning full classes of tools we can use and tying our hands in the future.
 Avery Yale Kamila- we don’t have the same soil as what the pesticides are tested in. What
 do we know about the baseline, what is in kids blood right now, we don’t know. We need
 baseline testing. If we look at many other ordinances, we see organic materials are allowed
 as the standards, but there are some exemptions.
 Ethan Hipple- The problem with the waiver idea for exemptions is that waivers move
 slowly, if we have to wait several weeks for a committee to vote on that waiver, the
 damage has already been done.
 Fred Dillion- in South Portland, we put a 5-7 day waiver in place. We came up with worst
 case scenarios before coming up with the waiver period. We talked to people in other
 counties about their waiver process.
 Devon Morrill- The waiver process, why are we there in the first place, with IPM it takes
 that out and looks at what is the least toxic method.
 Rachel Bouvier- there was a document that came out many years ago, Russ Libby was one
 of the organic farmers that was tested, I will try to track it down.
 Fred Dillon- with IPM sometimes the strategies is to do nothing. The problem with site
 specific testing, we just don’t always have the funds to do these types of testing. It isn’t
 always an apples to apples comparison, but there has been testing done elsewhere.
 Cathy Ramsdell- The Maine board is not releasing the data on the site specific testing, South
 Portland has struggled with not having updated data, I’m convinced it exists but it isn’t
 being released to the public. Public education has not gone far enough with the use of the
 application of this stuff with private home owners. What are going to do about
 homeowners.
 Devon Morrill- Did South Portland change their storm water pipes?
 Fred Dillon- The water is now going into a vegetative area which naturally filters it. Friends
 of Casco are trying to do the same thing.
 Avery Yale Kamila- two more clauses to add to the South Portland ordinance that I handed
 out last meeting. (see hand out). She handed out a second handout, Henry Jennings “we
 have no rules around using pesticides in urban areas” (see second hand out).


  C. Discussion
 Councilor Mavodones- anything left on Ethan’s presentation that we still need answered?


3. Review and Discuss Approaches in Other Jurisdictions

 Troy Moon- Part of what we wanted to talk about was the South Portland ordinance. It is an
 organic pesticide ordinance, it bans uses on public and private property, which makes this unique
 (see hand out). It provides limited exemptions, hazardous plants and insects. We talked about the
 citizen review committee. This ordinance does not ban the sale of pesticides, I have not found
 anywhere in the country that bans the sale of pesticides.
 Councilor Mavodones- do we want to start by looking at the South Portland ordinance?
 Avery Yale Kamila- All of the ordinances that I have read are very different, it is easier to start with
 one template and go from there.
 Devon Morrill- there are a few more ordinances that should/could be added to list
 Wendy Harmon- Burlington VT has a ordinance that we should look at, Wendy will send it along.
 Councilor Mavodones- any progress on what will be released for South Portland?
 Fred Dillon- the biggest change in South Portland’s plan is on enforcement. We will be
 concentrating on education and deemphasizing enforcement.
 Avery Yale Kamila- Currently if you are affected by pesticides that your neighbor is spraying
 (drifting), the only action is a civil law suit. If we have a small fine for drifting to hold people
 accountable, that would help.
 Fred Dillon- In South Portland, we will have statistics on a neighborhood bases of where people
 have reported the use of pesticide spraying.
 Devon Morrill- there is absolutely a mechanism in place to deal with drifting. If there is a 1% active
 ingredient on the abutting property, they are in violation of drifting.
 Councilor Mavodones- if I call the Maine Board of Pesticide Control tomorrow, how fast will
 someone come?
 Devon Morrill- They are supposed to be the same day. The Board of Pesticide control has 5 full
 time inspectors.
 Fred Dillon - How do they check the 1% residue testing?
 Devon Morrill- Henry Jennings explained at the last meeting, it is similar to the standards testing
 Avery Yale Kamila- for the South Portland ordinance, is there any revisiting of the ordinance?
 Fred Dillon- Yes, the list of materials is updated on an annual bases, we also have 3 year
 benchmarks and evaluation process.



4. Discuss Agenda for Next Meeting

 Rachel Bouvier- is it possible to set some limitations to help keep us on task? I think we could
 have gotten a little more done had we set some ground rules.
 Cathy Ramsdell- I’m wondering if we can make the times of the meetings earlier.
 Councilor Mavodones- Does 6pm work? Still stick to 2 hours? – Everyone agrees.
 Devon Morrill- Cathy did a good jobs on finding some common ground. The South Portland
 ordinance may be too big of an ordinance to go line for line instead of finding common ground.
 Avery Yale Kamila- it seems like the citizens want us to focus on an ordinance and it seems the
 South Portland one seems to be where we are going.
 Councilor Mavodones- ultimately we need this to go to the council in 2 months, which doesn’t
 give us much time.
 Rachel Bouvier- I don’t want to see any more grandstanding or saying ‘the citizens want this or
 the citizens want that”
 Troy Moon- For the next meeting we will be looking at banning the sale of pesticides for public
 and private uses
 Cathy Ramsdell- I think we should focus on the South Portland ordinance, and refer back to it,
 and use it as a filter and a point of departure to find common ground.
 Devon Morrill- In order to keep us on track, why don’t you (Troy and Ethan) come up with your
 goals and objectives, please come up with a list and we (the task force) will circle yes or no
 Councilor Mavodones- we will work hard to do that- Next meeting has been changed to 6:00pm


5. Adjourn
 Meeting Adjourned 9:01
 Executive Department
 Jon P. Jennings, City Manager


To: Councilor Mavodones and members of the Pesticide and Fertilizer Task Force
From: Troy Moon, Sustainability Coordinator
Re: Objectives of the meeting on July 26
Date: 7/21/2016




During the next Pesticide and Fertilizer Task Force meeting we will examine each of the building blocks of the
South Portland draft pesticide ordinance. This will allow us to focus our discussion on specific issues and,
hopefully, allow us to beginning framing a recommendation.




Here are the key components of the South Portland ordinance -- the first three being the foundational
elements.




  Point one: The proposed ordinance would NOT place a ban on the sale of pesticides.




  Point two: The proposed ordinance would affect private AND public property.




  Point three: Organic pesticides would be allowed unless specifically prohibited while chemical
 pesticides would be prohibited unless specifically allowed.




  Point four - Exemptions:

 o Exemptions for 1) controlling harmful plants and insects, 2) playing areas of golf courses, 3)
 controlling invasive insects

 o Exemptions for chemical pesticides considered exempt by EPA
 o Exemptions for pool chemicals, insect repellents, commercial agriculture, disinfectants,
 paints and stains, aerosols, pet supplies, rat and rodent control.




  Point five: Waiver process to which individuals could apply to use restricted pesticides in limited
 circumstances.




The Task Force will need to decide whether these elements should be the basis of its recommendations or
whether members wish to incorporate different ideas. To help with this process the agenda will focus on
specific discussion questions about the South Portland ordinance. Please review them and consider your
thoughts in preparation for the discussion. I’ve added some more resources to the website and created a
section for the proposals made by Task Force members. This includes suggestions made by Avery Kamila,
Cathy Ramsdell, and Deven Morrill. I also posted information presented by the Maine Board of Pesticides
Control to the South Portland Conservation.




Thanks again for your work on the Task Force.

City of Portland Pesticide and Fertilizer Task Force

 July 26, 6:00 – 8:00 PM

 Room 24

 Minutes


 Task Force Members Present: Councilor Mavodones, Joe Staples, Avery Kamila, Rachel Bouvier, Deven
 Morrill, Jesse O’Brien, Seana Cullinan, Cathy Ramsdell, Wendy Harmon, Bob Searle, Fred Dillon, Tom
 Estabrook (to be appointed on August 1)

 Task Force Members Absent: None
 Staff Present: Troy Moon


Councilor Mavodones called the meeting to order at 6 PM. He indicated that public comment would not
be taken at this meeting. He introduced Tom Estabrook who will be joining the Task Force. Task Force
members and staff introduced themselves.

Review of minutes

Deven Morrill moves approval of the minutes seconded by Rachel Bouvier. Motion included correcting
spelling of Mr. Morrill’s name and the name of a pesticide. All in favor.

Rachel Bouvier asks to help facilitate and not participate and chair suggests that her opinion matters. All
agree that she should contribute the discussion in addition to helping facilitate.

Troy Moon introduces a series of questions listed on the agenda. They are designed to focus discussion
on key elements of the South Portland draft ordinance.

 a. Does the Task Force want to recommend a ban or restriction on the sale of pesticides
 and/or fertilizers?

 b. Does the Task Force want to recommend ordinance language that would generally ban
 the use of chemical pesticides?

 c. Does the Task Force want to recommend a ban or a restriction on the use of pesticides
 on public property?

 d. Does the Task Force want to recommend a ban or a restriction on the use of pesticides
 on private property?
Fred Dillon updates the Task Force on changes made to the most recent version of the South Portland
draft. Key changes include removal of fines for non-compliance. Enforcement would center on personal
outreach by the Sustainability Coordinator to homeowners in violation of the ordinance.

Ms. Bouvier requests to begin the discussion with question b. All agree.

The group discussed how to characterize different categories of pesticides. South Portland references
national lists of organic or reduced risk pesticides that may be used because it would be difficult for the
city to maintain its own list. There are a small number of synthetic pesticides that the South Portland
draft permits people to use. During this discussion there seemed to be consensus amongst the group
that banning all synthetic pesticides would not be the best course of action. Discussion items included
the merits of integrated pest management versus organic pest management, whether homeowner
application is more detrimental than application by licensed applicators, and the need for broader
education regarding the use of pesticides. Committee members asked about the gaps in current state
regulation. Councilor Mavodones asked Mr. Moon to provide information on the current regulations
issued by the Board of Pesticides Control. The Task Force should discuss whether a local ordinance
needs to provide further regulation.

Cathy Ramsdell indicated that Friends of Casco Bay has been working on education for many years but it
there are still issues with over use of pesticides and fertilizers. She references Portland’s packaging
ordinances as an example where local government adopted an ordinance to change behavior.

C. Pesticides on public property.

Troy Moon discussed differences between the City of Portland internal policy and the South Portland
ordinance. A key difference is that the City policy allows synthetic pesticides on a number of high use
athletic fields where using these materials in South Portland would require a waiver. Discussion
returned to how to characterize pesticides and how to determine organic versus synthetic. Tom
Estabrook noted that organic pesticides are not necessarily safe and noted that it is difficult to gauge
their safety because many have not been tested as extensively as synthetics.

Discussion continued about whether the current City policy should be incorporated into ordinance
language. Councilor Mavodones asked Mr. Moon to create a table summarizing the differences
between the South Portland ordinance and the City policy. Mr. Morrill asked that the table include a
summary of the draft ordinance he submitted. The table will be reviewed at the next meeting.

Councilor Mavodones asked whether there was enough information for staff to work on draft ordinance
language. Mr. Moon indicated that it was not clear from the discussion thus far what direction the task
force wanted to go.

Discussion returned to existing state regulations and whether they were adequate to protect the public.
Seana Cullinan referenced an incident where landscapers were made ill by chemical from a recently
treated lawn.
Mr. Estabrook indicated that he thought a ban on synthetic pesticides would cause homeowners to treat
lawns themselves with unintended consequences and over application. Customers don’t talk to the
staff if they think they’re skirting the law so there is no opportunity to educate them.

Cathy Ramsdell mentioned that nitrogen pollution is a major issue. Green slime is now appearing in
Casco Bay which indicates a big problem. She would like to share more information at the next meeting.
Fertilizer run off is a main cause or reduced water quality.

Councilor Mavodones indicates that it is 8:00 PM. He doesn’t see a consensus around ordinance
language yet. He indicates that discussion of an extension for the Task Force to complete its work
should occur at the next meeting because there is still a lot of work to do as well as public comment.

Adjourn.