Council Appointee Sub-Committee

Regular Meeting

Portland, ME · July 29, 2019

Minutes

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.

Agenda

Packet

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