HomeMy WebLinkAboutArticle 68 Wrk Grp Minutes - 09 21 2010_201402041900212569
ARTICLE 68 WORK GROUP
MEETING HELD TUESDAY, SEPTEMBER 21st, 2010
AT 10:30 AM, CONFERENCE ROOM, 2 FAIRGROUNDS ROAD
Final and Approved Meeting Minutes
Members Present: Peter Boyce, Bam LaFarge, Mark Lucas, Wendy McCrae, Mike Misurelli, Richard Ray,
Lee Saperstein, Ernest Steinauer, and Lucinda Young
Members Absent: Cormac Collier, Caroline Ellis, Dave Fronzuto, Seth Rutherford
Guests: Doug Smith, Bryan Diggle
Others: Jim Sutherland, Administrative Assistant
1. Call to Order
Chair Young called the meeting to order at 10:35 am, and stated that the minutes of the meeting were
being recorded by the Administrative Assistant.
2. Review and Approval of Preliminary Agenda
Chair Young mentioned that Vice Chair Boyce must leave the meeting at 11:45 am, and asked if anyone
would mind moving Agenda Item #9 (Discussion of October 5, 2010 extended meeting agenda, including
time frame, format and preparations) to Agenda Item #5 position. There were no objections. There also
was discussion of moving Invited Guest Mr. Richard Valero (Agenda Item #6 – Discussion and question‐
answer period with invited fertilizer vendors) to an earlier time slot so that he would not have to sit
through most of the meeting. It was agreed that Mr. Valero could be placed as Item # 6 on the Agenda.
The changes in the Preliminary Agenda were approved by acclimation.
3. Review and Approval of Minutes of the Meeting of September 7, 2010
The draft meeting minutes from September 7th, 2010 had been distributed prior to today’s meeting via
e‐mail. Chair Young asked if there were any comments or changes regarding said minutes.
Motion: There was motion made by Mr. Boyce, seconded by Mr. Lucas, to approve the minutes as
distributed. Motion passed.
4. Chair’s Comments and Announcements; Comments from Members of the Work Group
Chair Young announced that the Work Group presentation to the Board of Selectmen would occur on
Wednesday, September 22nd. This would be the first update to the BOS since mid‐June. Vice Chair
Boyce will send a copy of the presentation outline to Mr. Saperstein who will distribute to the Work
Group members. Chair Young mentioned that the BOS had approved the Work Group presentation for
an earlier time at the regular BOS meeting and she urged as many members to attend as possible. Chair
Young will provide a brief introduction and Vice Chair Boyce will give the presentation.
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Mr. Diggle, a meeting guest, entered the Conference Room at 10:41 am. Work Group member Wendy
McCrae entered the Conference Room at 10:43 am.
Chair Young mentioned that a press release has been prepared and distributed to the two local
newspapers and the Cape Cod Times. Mr. Saperstein composed the original draft. Chair Young and
others, including Vice Chair Boyce and Mr. Lucas reviewed it. The press release then was presented to
Town Manager Libby Gibson who made some major edits. The consolidated version of the press release
was sent to the papers and to WG members.
Ms. McCrae departed the Conference Room at 10:44 am.
5. Discussion of October 5, 2010 extended meeting agenda, including time‐frame, format, preparations
Mr. Saperstein has reserved the Conference Room at 2 Fairgrounds Road from 8:00 am until 2:00 pm.
Chair Young said that the actual meeting time probably would be 9:00 am until 1:00 pm. WG members
are asked to bring food so that work can be accomplished during lunch. Chair Young mentioned that
she, Vice Chair Boyce and Mr. Saperstein had discussed ways to structure the meeting to make the time
efficient in terms of the work accomplished. It was decided to re‐visit Article 68 and the highlighted
portions that need to be addressed and changed. Then, the work products from all of the various
subgroups will be put on the table for discussion and review. It was requested that the various
subgroups prepare a summary of the final products anticipated as a result of Article 68 efforts and that
this material be available by COB Tuesday, September 29th, so that it could be compiled and distributed
to WG members for review prior to the October 5th meeting.
Mr. Saperstein will take Article 68 and put in special placeholders for material to be provided by the
individual subgroups. In doing so, the skeleton of Article 68 will be more apparent to everyone and it
will be e‐mailed to all WG members for review.
Chair Young mentioned that the long‐term time‐frame for the Article 68 Work Group might have to be
extended into the winter period. The BMPs being written are detailed and involved. Just the review
and editing of this piece of material will consume time beyond the original time allotted for the WG
effort. It is anticipated that the BOS will be asked whether the WG can extend its charge through the
winter and meet once a month during this time. Mr. Saperstein mentioned that if the regulatory part is
completed, there still is a shepherding charge and questions from the town and state that will require a
response during the review process. There also will be layers of legal review of the document language.
The certification‐licensure aspect also will be detailed and complicated as far as review. There was a
consensus that the extended schedule sounded necessary and was acceptable. Definite meeting dates
throughout the winter will not be decided until some sort of response is forthcoming form the BOS
regarding the extended WG schedule.
Ms. McCrae re‐entered the Conference Room at 10:50 am and announced to the WG that Mr. Valero
would not be able to attend today’s meeting due to an emergency. Mr. Ray entered the Conference
Room at 10:50 am.
Chair Young mentioned that Ms. Ellis could not attend today’s meeting. On Monday, September 20th,
there was a Homeowner/Public Education subgroup meeting. The subgroup talked about expenses and
a budget. Ms. Ellis felt strongly that the Town of Nantucket should pay for products of the WG that
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required funding. Mr. Steinauer asked if the Town had a grant office. Ms. McCrae feels that the WG
should go to the Town last and exercise all other funding options first.
A discussion concerning the potential budget ensued (Agenda Item #9 – Budgetary Recommendations
Discussion). Chair Young agreed with Ms. McCrae’s assessment and also mentioned that she and Vice
Chair Boyce met with Melissa Philbrick at ReMain Nantucket on Monday, September 20th to ask about
possible help with funding. Ms. Philbrick was open to that request but needs more specific information.
Mr. Steinauer mentioned that a proposal for funding would be required and would take time to prepare
since we are not in a position yet to know exactly what is required and what it will cost. Mr. Misurelli
mentioned that licensure fees could be used to help defray some of the program costs. Mr. Saperstein
said that there would be a specific sequence of events and that we needed specific documents to
present before funds can be requested. Ms. McCrae mentioned that there are a lot of local
organizations that can be approached for funds. Vice Chair Boyce alluded to the fact that local groups
could provide start‐up funds while other off‐Island sources could be approached for funds later on.
Chair Young stated that each subgroup should prepare budget estimates for costs of products or
recommendations that have some sort of expense attached. She asked that each group include list of
budgeted items and estimated cost, if possible.
6. Discussion and Question and Answer Period with Invited Fertilizer Vendors
Mr. Richard Valero was not able to attend today’s meeting. This portion of the meeting did not occur.
7. Progress Reports from Subgroups
Chair Young requested reports from the various subgroups.
BMP/Landscaper Professional Education – Mr. Lucas reported that the subgroup met last week and the
completed draft will be about 40 pages in length. There will be another subgroup meeting on Thursday,
September 23rd at the NLC office at 10:00 am. The draft document should be reviewed by a broad range
on individuals including WG members, scientists, etc. A working draft will be distributed to WG
members next Tuesday, September 28th. An Executive Summary of the document also would be
appropriate. Mr. Saperstein requested that the subgroup converge on crafting a title. Mr. Collier has a
tentative title, Best Management Practices for Fertilizer Use on Lawn and Landscape Plantings on
Nantucket, MA.
Homeowner/Public Education – Ms. McCrae stated the subgroup met on Monday, September 20thand
discussed signage at points of sale and also discussed possible pamphlets. Ms. McCrae mentioned that a
Marine Home Center employee reported an increase of organic fertilizer sales this year. The subgroup
also discussed funding. Ms. Young mentioned that Vice Chair Boyce will design draft homeowner survey
to determine what they do and don’t know about fertilizer. Chair Young talked about a ‘targeted’
mailing of such a survey. Also, the WG should consider the possibility of conducting a survey of
professional landscapers before and after reading the BMP material to determine the level of
effectiveness. Mr. LaFarge will join this subgroup.
Legal – Mr. Saperstein reported on the follow‐up questions to be sent to Rich Huxsam based upon his
presentation to the Work Group.
Question #1 ‐ What is an acceptable definition of ‘commercial’?
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Question #2 ‐ Does Mr. Huxsam have any guidance on licensure based upon education? Are there
words that would cause legal reviewers to become anxious? Cue him (Huxsam) that we are interested
in any guidance he can offer; are there any traps in writing language, any precedents we should avoid?
Question #3 ‐ Regarding enforcement; what is a reasonable level for fines; what language works for
enforcement; get his advice on these matters. What is his advice on licensing? Even if we can’t
administer an exam; there should be an educational requirement.
Question #4 ‐ Relates to discussing of standards of practice, application rates, percentage of slow
release fertilizer. These all appear to be ‘hot button’ issues in other domains and Town Counsel should
be warned and also should know that we have scientific reasons for including this material.
With consent, Mr. Saperstein will translate his follow‐up notes into material that will be presented to
Mr. Huxsam to make him aware of where we are and what we are doing.
There was considerable discussion among members regarding education, testing and licensure,
including what is appropriate and reasonable, and what will be allowed or challenged because it seems
too stringent.
Public relations ‐ the press release had already been discussed and was the only item for this topic.
Licensing, testing, enforcement ‐ Mr. Lucas reported that the subgroup had met twice and had
focused on the proposed structure of the BOH as of January 2011. What would the re‐structuring
entail? They discussed the concept of a public educator thru the DOH and wondered how much time
would be required, and the cost. An individual such as this person would administer exams but would
not necessarily write the exam.
Wetlands, water bodies, watersheds ‐ Mr. Steinauer reported that nothing new had been covered.
Mr. Saperstein mentioned that definitions of wetlands, water bodies etc should be determined. Mr.
Steinauer mentioned that Mr. Fronzuto has legal definitions of these concepts. Some synopsis of will be
considered at the October 5th meeting.
8. Discussion of Peter Boyce’s idea for fertilizer plan‐based standard for practice.
There was a consensus that this was a great idea. However, it was suggested that the item would not be
discussed until a later date when Vice Chair Boyce could be present.
VC Boyce left the Conference Room at 11:50 am.
Motion: There was a motion made by Ms. McCrae, seconded by Mr. Misurelli, to table VC Boyce’s idea
for fertilizer plan‐based standard for practice until the next meeting. Motion passed.
9. Budgetary Recommendations Discussion.
This material was discussed during Agenda Item #5 (see above).
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10. Adjourn
Motion: A motion was made by Mr. Saperstein, seconded by Mr. Misurelli, to adjourn the meeting. The
motion passed.
The meeting was adjourned at 12:02pm.
Next Meeting: Tuesday, October 5th ‐ 9:00 am at 2 Fairgrounds Road
Respectfully submitted,
James W. Sutherland, Administrative Assistant
Lee W. Saperstein, Secretary