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HomeMy WebLinkAboutArticle 68 Wrk Grp Minutes - 07 13 2010_201402041900195850 ARTICLE 68 WORK GROUP MEETING HELD TUESDAY, JULY 13th, 2010 AT 10:30 AM, CONFERENCE ROOM, 37 WASHINGTON STREET Final Meeting Minutes Members Present: Peter Boyce, Cormac Collier, Caroline Ellis, Dave Fronzuto, Bam LaFarge, Wendy McCrae, Richard Ray, Seth Rutherford, Lee Saperstein, Ernest Steinauer, Lucinda Young. Members Absent: Mike Misurelli Guests: Rick Atherton, Michael Glowacki, Dirk Roggeveen, Whitey Willauer 1. Call to Order Chair Young called the meeting to order at 10:36 am. 2. Review and Approval of Preliminary Agenda Chair Young asked the Work Group if members had any amendments or additions to the proposed agenda. There being none, the agenda was made final by acclamation. 3. Approval of Minutes for Meeting of June 29th, 2010 Lucinda Young noted one small correction for the Draft Minutes for June 29th. In item 4., the date of the August meeting should be the 10th and not the 13th as written. MOTION: With that change incorporated, Wendy McCrae moved their approval, Peter Boyce seconded, and the group approved unanimously. 4. Announcements and Chair’s Report; Comments from members of the Working Group Chair Young reported that, as recommended at the last meeting, she asked Erika Mooney at Town Administration for records of e-mail communication pertaining to legal advice from Town Counsel regarding Article 68, from previous work done by the HPIC. Erika suggested going directly to Sarah Oktay, Chair of the HPIC, which she did. Dr. Oktay provided copies of correspondence between Town Counsel and the Harbor Plan Implementation Committee (HPIC) just before this meeting and Chair Young did not have a chance to review them. Bam LaFarge volunteered to review the legal communications and summarize them for the Group. Chair Young reminded committee members that revisions to the Massachusetts Open Meeting Law (OML) became effective at the beginning of this month. She expressed the 2 necessity of complying with OML. Chair Young reported that there seem to be conflicting interpretations of the OML and that we as a group need clarification to ensure we are in compliance. The issue was discussed further. Ernie Steinauer suggested that workgroups consisting of committee members that constitute less than a quorum should be able to do research, seek information, and make recommendations without offending the OML. Wendy McCrae expressed concern about a lack of openness in workgroups. She believes all workgroup agendas, announcements, and reports need to be posted to be in compliance with the OML. Peter Boyce and Cormac Collier both expressed their interpretation that our role was advisory and, therefore, we would not need to be as strict as a group such as the Board of Selectmen (BOS). Dirk Roggeveen spoke from the floor and gave advice on subcommittees that said that if two or more people were given a formal charge then they became a subcommittee and were obliged to follow OML. Wendy McCrae reminded us again of our need to follow OML formally. It was reported by Dirk Roggeveen that the Town would be creating a series of guidelines and that we should do our best to get our business done while following available guidance on OML. Mr. Roggeveen provided a copy of the June 2002 version of the Handbook from Norfolk County District Attorney William R. Keating entitled ‘Understanding the Open Meeting Law’. Peter Boyce volunteered to review the handbook and report back to the group. In comments from the Group, Mark Lucas reported on contacts with Mary Owen at UMass Cooperative Extension Service, who may, along with Dr. Scott Ebdon, be able to attend our meeting of July 27th. He reported that the new Best Management Practice (BMP) for Fertilizer Application being written by UMass Cooperative Extension Service would not be available for our review until mid to late August. 5. Discussion of re-drafted Article 68 with a focus on areas needing further discussion and/or clarification Chair Young suggested to the group that we would discuss selected open issues within the draft rewrite of article 68 and that if there were not ready resolution to an issue, it would be designated for further analysis, research, and “mark up” (i.e. language drafting). Chair Young questioned if we should substitute a proposed Nantucket BMP manual rather than including specific requirements into the draft regulation. Saperstein dissented strongly and suggested that earlier reliance on BMP’s in Massachusetts General Law (M.G.L.) and the Code of Massachusetts Regulations (C.M.R.) for the control of nutrient contamination has led to the need for more specific regulation. Wendy McCrae agreed. Peter Boyce suggested that the draft regulation should specify major elements of compliance with details reserved for a BMP. Cormac Collier then asked the group to go through the list of open issues. [Editorial note: In subsequent sections of the Minutes, Article sections are referenced by the number that is on the draft recognizing that re-numbering is incomplete. Where numbers are skipped this is not an omission but a break in re-numbering. Language of a 3 draft section that is in question will be repeated in bold type in these Minutes and suggested changes or actions will be recorded. The draft of the Article that is the basis for this conversation is attached to these Minutes.] SECTION 11. Prohibited Conduct. (This is the point where re-numbering will begin. ) The appended comments reflect an earlier comment that this section and the one following should be called “Performance”. The change was moved by Cormac Collier and seconded by Mark Lucas. In discussion, Wendy McCrae suggested that “Standards of Performance” would reflect better our intentions. The group agreed. MOTION: Sections 11, 12, and 13 will be consolidated into one section called “Standards of Performance” Subsections will include “Prohibited Conduct,” “Application Requirements,” and “Exemptions.” Accepted unanimously. SECTION 11. A. 1. Applicators shall not apply fertilizer immediately before or during heavy rainfall, such as…. The Saperstein review comment was that “storm events need to be defined explicitly but simply. The regulations could say something like “storm events leading to excessive run-off or percolation into the groundwater” while the BMP discusses storm frequencies or amounts and ways to predict storm events.” Mark Lucas volunteered to examine this language alongside of similar language used by other jurisdictions and will propose an appropriate draft. SECTION 11. A. 2. Applicators shall not apply fertilizer between December 1 and April 1 of any calendar year. The Saperstein comment repeated the discussion at an earlier meeting where November 15th was suggested as a better date than December 1st. There was unanimous acceptance of this change. MOTION: Change “December 1” to “November 15” was accepted unanimously. SECTION 11. A. 4. Applicators shall not apply fertilizer closer that twenty five-feet to water-bodies. Comment: This number is displaced by Conservation Commission (ConCom) requirements, derived from State and Town regulations for wetlands, where 100 feet is the minimum barrier. Wendy McCrae expressed concern that 25 feet is too close. In addition, it was decided that the term “water-bodies” should be better defined. This section had a lot of discussion. Wendy McCrae asked that the proposed regulation include the ConCom requirement for an one-hundred foot barrier by wetlands. Chair Young asked whether a proposed fertilizer regulation could or should target specific land areas contributing to areas of the harbor where eel grass decline has been measured, East Polpis Harbor and Wauwinet Harbor, for example. There was support for this idea. Whitey Willauer asked about fertilization of lawns up to beachside bulkheads. Dave Fronzuto and Lucinda Young reminded us that tidal flushing works well in the portion of the harbor adjacent to Nantucket Town and along streets such as Hulbert Avenue and Easton Street. Dave Fronzuto suggested that the 25-foot barrier be tied to open and 4 closed areas for shellfishing. Dave Fronzuto, Wendy McCrae, and Ernie Steinauer volunteered to review this section and propose language for it. SECTION 11. A. 5. Applicators shall not deposit (vegetative debris into water courses and storm drains). A review of this section is included in the Action item just above. SECTION 12. A. 1. (Restrictions on fertilizer use) An applicator shall not apply any fertilizer to turf unless the fertilizer contains a minimum of 70% slow-release nitrogen as the nitrogen additive. Comment: should this section apply only to turf or to other landscape garden beds including trees, shrubs and vegetable gardens? The consensus was to include all plantings not just turf. Second comment: vegetables and ornamentals might require different fertilizer products. Is there any reason or rationale for allowing less than 70% slow-release fertilizers? This question was raised by Saperstein. Cormac Collier, Mark Lucas, and Seth Rutherford volunteered to review the issue. SECTION 12. A. 3. Any fertilizer applied to soil with a demonstrated phosphorus deficiency shall comply with the recommendations of the Northeast Organic Farmers (sic) Association Standards for Organic Land Care. Cormac Collier proposed that we reference our own proposed Nantucket-based BMP. He said that, although he personally was a big fan of the NOFA Standards, he was willing to not use NOFA standards as the only accepted basis for a proposed fertilizer regulation. Mark Lucas seconded his proposal. Cormac Collier added that a close read of the UMass document when it is ready will be needed to see if it speaks to the case of phosphorus- deficient soil. It was discussed and agreed that the proposed Nantucket BMP will incorporate language supportive of organic fertilizer practices. SECTION 12. C. “weed and feed”. It has been agreed previously that this substance will be called “Combination Products.” In addition, the comment about the need for a new SECTION 12. D. “Foliar Products” was accepted unanimously. Mark Lucas will research and present appropriate language that defines these products and their application. SECTION 13. A. 1. a. (NOFA Standards). In keeping with the recommendation for SECTION 12. A. 3., we will reference the proposed Nantucket BMP not NOFA. SECTION 13. A. 2. “Waterbody.” Richard Ray volunteered to give the Group appropriate language to substitute for this term. SECTION 13. A. 3. Exemptions. Application of fertilizer for agricultural and horticultural uses, including sod farms. Comment: the intent of this section seems to exempt commercial farming enterprises. It was suggested that we insert the word “commercial” into the regulation and then include a definition for it in the Section on 5 Definitions. Mark Lucas pointed out that the New Jersey model code specified an income of $2500 per year or more would give commercial status. At this point, Cormac Collier suggested that we have a SECTION 12. E. on enforcement. Chair Lucinda Young suggested that this was a subject for our next agenda item on Proposed Additional Items. Cormac Collier said that 12. E. could be a place holder for any language that arises from the subcommittee. 6. Discussion of proposed additional components to Article 68, including Education, Testing, Licensing, Enforcement, and Penalties. These are listed in the order in which they were discussed. There was general agreement that these components were vital to a well-ordered set of regulations on fertilizer application and usage but that an open meeting was an inefficient way to create the appropriate text. Inasmuch as we were drawing close to noon, the announced end time for this meeting, it was proposed that individual committee members, or small groups, examine the additional subjects. A reminder was given about smaller workgroups selected from the committee needing to comply with the OML. Tasks and workgroups were designated as follows: LANDSCAPE FERTILIZER EDUCATION FOR HOMEOWNERS. Recommendations will be made on how to create and effectively distribute Nantucket-based educational materials to homeowners. Members: Caroline Ellis, Wendy McCrae, and Lucinda Young LANDSCAPE FERTILIZER EDUCATION FOR PROFESSIONALS An analysis and possible update of The BMP produced by the Nantucket Landscapers’ Association along with text derived or adapted from the UMass Extension Service BMP (in the works, expected to be available in August , as noted earlier in the meeting) will be incorporated as appropriate in composing a Nantucket specific BMP as the core manual for professional landscaper education. Members: Cormac Collier, Mark Lucas, Mike Misurelli, and Seth Rutherford LEGAL LANGUAGE. The Work Group will endeavor to understand previous legal advice given to HPIC before drafting questions that may need answers from Town Counsel in regards to proposed modifications to Article 68 Members: Bam LaFarge and Richard Ray WETLANDS, WATER BODIES, AND NON-APPLICATION BARRIERS. The sections of the draft code that affect water bodies and wetlands will be examined to ensure that they conform to ConCom requirements. Where necessary, suitable language will be suggested for inclusion in the new draft of Article 68. 6 Members: David Fronzuto, Wendy McCrae, and Ernest Steinauer Ernie Steinauer agreed to research and draft a proposal for a program of monitoring wells for consideration by the committee. PUBLIC RELATIONS INCLUDING CONTACT WITH SHAB, THE SHELLFISHING ASSOCIATION, AND THE LANDSCAPERS’ ASSOCIATION, was brought up by Wendy MaCrae and was briefly discussed. It was suggested that our Chair, Lucinda Young, be the point of contact for any questions from the press. Wendy McCrae and Bam LaFarge agreed to work on ideas for clearing up misinformation and misunderstanding between scallopers and landscapers. It was suggested that Mike Misurelli’s involvement, (who was not in attendance) as president of the Nantucket Landscape Association, would be helpful. LICENSING, CERTIFICATION, ENFORCEMENT, AND PENALTIES. These related subjects will need to have separate sections in the draft regulations. A workgroup will draft text for review by the committee. Because certification and licensure will depend upon education, it was suggested that the two workgroups coordinate efforts. Members: Cormac Collier, Mark Lucas, Richard Ray, and Lucinda Young 7. New Business and comments from members of the Working Group. Agenda Items for the next meeting will be reviewed briefly The importance of discussed and confirmed tasks assigned to individuals and small work groups at this meeting was emphasized. Chair Young asked for individuals and groups to be prepared to report progress on their tasks and assignments at the next official meeting on July 27. 8. Adjourn MOTION: A motion to adjourn was called for by Lucinda Young and made by Wendy McCrae. The chorus of seconds constituted a vote of acclamation. The meeting was adjourned at 12:05 pm. Next Meeting: Tuesday, July 27th at 10:30 am in the Conference Room at 2 Fairgrounds Road. Respectfully submitted, Lee W. Saperstein, Secretary 7 A Copy of ATM Warrant Article 68, as Proposed Taken from www.nantucket-ma.gov at http://www.nantucket- ma.gov/Pages/NantucketMA_TownMeeting/2010atm/2010ATMwarrantFCmotion sFINAL.pdf. on May 16, 2010 ARTICLE 68 (Home Rule Petition: An Act Regulating the Content and Application of Fertilizer Used in the Town of Nantucket) Moved that the Board of Selectmen be authorized to request representatives in the General Court to introduce legislation seeking a special act and to authorize the General Court, with the approval of the Board of Selectmen, to make constructive changes in perfecting the language of this proposed legislation, in order to secure passage of legislation on the subject of regulating the content and application of fertilizer used in the Town of Nantucket. AN ACT REGULATING THE CONTENT AND APPLICATION OF FERTILIZER USED IN THE TOWN OF NANTUCKET SECTION 1. FINDINGS 1.1. There is a sound scientific basis to conclude that nitrogen and phosphorus in fertilizers are contaminants that negatively affect water- bodies when present in excessive amounts, contributing to undesirable algae and aquatic plant growth, known as “eutrophication”. 1.2. Excessive amounts of both nitrogen and phosphorus discharged into the waters of Nantucket significantly decrease the habitat value of the freshwater and estuarine ecosystems and increase the risk of deleterious impacts on public health and general welfare. 1.3. The Nantucket and Madaket Harbors, the surrounding coastal waters, and Nantucket’s ponds are essential components of the recreation and tourism and commercial fisheries industries in the Town of Nantucket. 1.4. Applying slow-release nitrogen to plants and plantings maintains healthy plant growth while decreasing contamination to groundwater. 1.5. Applying phosphorus to plants only in situations in which a soil test indicates the need to do so is a sound management practice and can decrease the nutrient load to Nantucket and Madaket Harbors and freshwater ponds in the Town of Nantucket. 1.6. Plants do not effectively utilize nitrogen and phosphorus during periods when the soil is frozen or they are dormant, thus allowing nutrients to run off into Nantucket’s Harbors and ponds in increased amounts. Formatted: Indent: Left: 36 pt Formatted: Indent: Left: 36 pt Formatted: Indent: Left: 36 pt Formatted: Indent: Left: 36 pt Formatted: Indent: Left: 36 pt Formatted: Indent: Left: 36 pt Deleted: To see if the Town will vote to request its representatives in the General Court to introduce legislation seeking a special act as set forth below and to authorize the General Court, with the approval of the Board of Selectmen, to make constructive changes in perfecting the language of this proposed legislation in order to secure passage, such legislation to read substantially as follows: Comment [S1]: This is the entirety of Article 68 as amended and passed at ATM. Comment [S2]: Lucas (M), Misurelli (S), unanimous to remove Deleted: manufactured Deleted: Deleted: SECTION Deleted: and Madaket Comment [S3]: Comment [S4]: Deletion by Comment [S5]: Insertion Deleted: , especially for hard Deleted: Page 101 Town of Deleted: Deleted: and Comment [S6]: Suggestion by Deleted: y Deleted: SECTION Deleted: turf Comment [S7]: The substitution Deleted: turf Deleted: SECTION Deleted: turf Deleted: SECTION Deleted: Turf does Deleted: grass is ... [7] ... [3] ... [2] ... [5] ... [4] ... [6] ... [8] ... [1] 8 1.7. Heavy precipitation, snowmelt, and excessive irrigation greatly increase the amount of nitrogen and phosphorus that run off into adjacent water-bodies. SECTION 2. PURPOSE 2.1. Voluntary Best Management Practices (BMP) on the application of fertilizer have not been sufficient to prevent degradation of Nantucket’s waters. Consequently, it is necessary to control by regulation in the Town of Nantucket the use of fertilizer that contains phosphorus and high percentages of fast-acting nitrogen so as to improve the water quality of the Town. 2.2. It is imperative that restrictions on the amount of nitrogen and phosphorus discharged into the Nantucket and Madaket Harbors watershed be imposed so as to protect the integrity of Nantucket’s waters and ponds for present and future generations. 2.3. This Act (a.k.a ordinance, regulation) provides for a reduction of nitrogen and phosphorus going into Nantucket’s waters by means of an organized system of education, licensure, and regulation of practice. 2.4. The Act should help Nantucket to achieve compliance with the Total Maximum Daily Loads (TMDL) prescribed by the Commonwealth of Massachusetts for nitrogen and phosphorus in its waters. SECTION 3. AUTHORITY 3.1. Article 68, as amended and passed by the Annual Town Meeting of Nantucket in April 6, 2010, adjourned session, asked the Board of Selectmen to devise legislation or other such vehicle to reduce the amount of nitrogen and phosphorus going into its waters. 3.2. The Nantucket & Madaket Harbors Action Plan, approved by the Secretary of the Massachusetts Executive Office of Energy and Environmental Affairs (EEA) on December 21, 2009, specifies the need to reduce nutrients (specifically nitrogen and phosphorus) flowing into the Harbors. 3.3. EEA, in Report #97-TMDL-2 Control #249.0, January 28, 2009, “Nantucket Harbor Embayment System, Total Maximum Daily Loads for Total Nitrogen,” has mandated Total Maximum Daily Loads (TMDL) for Nantucket Harbor. Formatted: Indent: Left: 36 pt Formatted: Indent: Left: 36 pt Formatted: Indent: Left: 36 pt Formatted: Indent: Left: 36 pt Comment [S8]: Boyce (M) Saperstein (S) Deleted: SECTION Deleted: and Deleted: 8 Deleted: It Deleted: e Deleted: in order Comment [S9]: Draft language by Saperstein that will need to be reviewed by the Work Group. Deleted: SECTION 9. Comment [S10]: Saperstein draft language for review. Comment [S11]: This section is newly drafted by Saperstein and should be reviewed by the Work Group 9 3.4. 301 CMR 21.98, “Policy Appendix,” specifies that the Massachusetts Coastal Zone Management (MCZM) Program Plan will “ensure that nonpoint pollution controls promote the attainment of state surface water quality standards in the coastal zone” (301 CMR 21.98(3): Water Quality Policy # 2). 3.5. The Massachusetts “Nonpoint Pollution Source (NPS) Management Plan,” created by the Department of Environmental Protection (DEP), Bureau of Resource Protection, states that a DEP objective is to assist “communities in drafting river protection bylaws and ordinances.” 3.6. The Massachusetts Estuaries Project (MEP), whose reports are available from the DEP, states that, as part of the suggestions for a solution to the problem of nutrient management that “limiting the use of lawn fertilizers” may be necessary. SECTION 4. DEFINITIONS; For the purposes of this Act, the following words shall have the following meanings unless the context clearly indicates a different meaning: “Amendment” refers to the application of substances that are beneficial to soils and plantings; amendments include but are not limited to fertilizers and may include other soil conditioners such as lime, compost, and other organic materials. “Applicator” means any person who applies fertilizer to plants. “Best Management Practice (BMP) means a voluntary sequence of activities designed to limit a nonpoint pollution source. “Combination Products,” sometimes known as “Weed and feed,” means any product that, in combination with fertilizer, contains weed killer, defoliant, crabgrass preventer, or any other chemical for restricting the growth of plants other than turf. “Conservation Farm Plan” means a formal plan filed by farms and farm units found to be degrading the quality of water beyond the promulgated Water Quality Standards. “Fast-acting nitrogen” means any water-soluble nitrogen that is immediately available to plants upon application. “Fertilize, fertilizing or fertilization” means the act of applying fertilizer to plants. “Fertilizer” means a substance that enriches the soil with elements essential for turf growth, such as nitrogen, phosphorus or other substances; fertilizer does not include those nutrients that are normally excluded such as contained in dolomite, limestone, or lime. “Foliar Fertilizer” means any fertilizer product designed for uptake into a plant through its leaves; normally foliar products are sprayed directly onto a plant. Deleted: 10 Deleted: turf Deleted: turf Deleted: turf Comment [S12]: Suggested by Ms Marcus and agreed to by consent. 10 “Impervious surface” means a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. “Landscape professional” means a person who, in exchange for money, goods, services or other consideration, applies fertilizer to plants. “Landscaping” means establishment by sod or seeding, renovation, maintenance, fertilization or pest management of turf and other plantings. “Nantucket” is the Town and County of Nantucket and all of its coastal waters. “’Nonpoint Pollution’ means contamination which includes but is not limited to sediments, nutrients, pathogens, and pollutants that collect in waterbodies from stormwater runoff.” (301 CMR 26.03, “Definitions” in the “Coastal Pollutant Remediation Program”) “Nonpoint Pollution Source (NPS)” means any activity releasing pollution and that is not deemed point source. “Nutrient” means any of the approximately 16 elements needed for growth of a plant; normally carbon, hydrogen, oxygen, and nitrogen, available from air and water, are not included in the list of nutrients. “Nutrient management” means systematic control of the application of nutrients. “Plantings” means organized cultivation of plants for beneficial purposes. “Plants” are biological species in the vegetable kingdom that, for the purposes of this Act, are used domestically. “Slow-release, controlled-release, timed-release, slowly available, or water-insoluble nitrogen” means nitrogen in a form that delays its availability for plant uptake and use after application and is not rapidly available to turf and other plants. “Soil” means the upper-most layer of the earth’s surface, comprised of mineral and organic matter, which can host biological communities. “Soil test” means a technical analysis of soil conducted by an accredited soil-testing laboratory. “Turf” means grass-covered soil held together by the roots of the grass, also known as “sod” or “lawn.” "Water-bodies" includes, but is not limited to, streams, including intermittent streams, creeks, rivers, freshwater and tidal wetlands, ponds, lakes, marine waters, canals, lagoons, and estuaries within the Town of Nantucket, including all waters defined in Massachusetts General Laws Chapter 131, Section 40 and Town of Nantucket Code Section 136. SECTION 11. Prohibited Conduct A. Applicators shall not: 1. apply fertilizer immediately before or during heavy rainfall, such as but not limited to, thunderstorms, hurricanes or north eastern storms or when the soil is saturated due to intense or extended rainfall. Deleted: turf Deleted: ¶Page 102 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions¶ ¶ Deleted: turf Deleted: turf Deleted: following the protocol for such a test established by University of Massachusetts Cooperative Research Extension Deleted: “Weed and feed” means any product that, in combination with fertilizer, contains weed killer, defoliant, crabgrass preventer, or any other chemical for restricting the growth of plants other than turf.¶ Comment [S13]: Needs to be renumbered. Comment [S14]: “Performance” is the suggested title. Comment [S15]: Storm events need to be defined explicitly but simply. The regulations could say something like “storm events leading to excessive run-off or percolation into the groundwater” while the BMP discusses storm frequencies and amounts and ways to predict storm events. 11 2. apply fertilizer between December 1 and April 1 of any calendar year. 3. apply, spill or deposit fertilizer on any impervious surface and fail to remove the applied, spilled or deposited fertilizer immediately. 4. apply fertilizer closer than twenty five-feet to water-bodies. 5. deposit grass clippings, leaves, or any other vegetative debris into water-bodies, retention and detention areas, drainage ditches or storm water drains, or onto impervious surfaces such as, but not limited to, roadways and sidewalks, except during scheduled clean up programs. SECTION 12. Fertilizer Content and Application Requirements for Applicators A. The following restrictions shall apply to the content of fertilizer to be applied to turf: Page 103 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions 1. An applicator shall not apply any fertilizer to turf unless the fertilizer contains a minimum of 70% slow-release nitrogen as the nitrogen additive. 2. An applicator shall not apply fertilizer that contains phosphorus, unless a soil test indicates a phosphorus deficiency. 3. Any fertilizer applied to soil with a demonstrated phosphorus deficiency shall comply with the recommendations of the Northeast Organic Farmers Association Standards for Organic Land Care. B. Fertilizer application shall not exceed the manufacturer’s recommended rate. C. The above-referenced application requirements shall apply without limitation to the application of pesticide and fertilizer mixtures, including but not limited to, “weed and feed” products. SECTION 13. Exemptions A. The following activities shall be exempt from Section 12 of this Act: 1. Application of phosphorus when: a. Establishing vegetation for the first time, such as after land disturbance, provided the application is in accordance with the Northeast Organic Farmers Association Standards for Organic Land Care. b. Re-establishing or repairing turf after substantial damage; 2. Use of reclaimed water for irrigation, provided it is not used within twenty-feet of any waterbody. 3. Application of fertilizer for agricultural and horticultural uses, including sod farms. SECTION 14. Severability Clause Should any section, part or provision of this Act be deemed invalid or unconstitutional, such decision shall not affect the validity of the remaining terms Comment [S16]: One suggestion was to use November 15 instead of Dec 1. Comment [S17]: This number is displaced by Con Com regulations for wetlands. (100 ft); others have concern that 25 feet is too close. Comment [S18]: A more explicit term or phrase should be used instead of “water bodies.” Comment [S19]: ConCom requires no closer than 25 ft to wetlands. Comment [S20]: Only turf or on all landscaped lands to include beds and plantings? Comment [S21]: Exception for garden beds (10-10-10)? Comment [S22]: Do we use NOFA or UMass Extension or some other recognized agency such as NRCS of USDA? Should we reduce the strictness of 12.A.3. in the regulation and put the onus on language to go into the BMP? Comment [S23]: “Combination Products” preferred. We may need a section D. for foliar fertilizer. Comment [S24]: “Farming” More importantly, should we use NOFA or something broader, i.e. UMass Ext or NRCS? Comment [S25]: Match word use to same as above. Comment [S26]: “Agricultural” is a broad word meaning farms and farming systems. “Horticultural” has a broad meaning (plant science) and also a more narrow one: flowers, fruit, nursery, nut, and vegetable. Perhaps what is desired is an indication of “commercial” purposes. Comment [S27]: It may be boiler plate but it is important to retain. 12 of this Act as a whole or any part thereof, other than the section, part or provision held invalid or unconstitutional. Section 15. Effective Date This Act shall take effect on January 1, 2011. (Board of Selectmen for Harbor Plan Implementation Committee) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. Page 104 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions BOARD OF SELECTMEN COMMENT: The Board of Selectmen will provide a comment at Town Meeting. Page 7: [1] Comment [S2] Saperstein 7/21/2010 4:44:00 PM Lucas (M), Misurelli (S), unanimous to remove “manufactured.” Page 7: [2] Deleted Saperstein 5/20/2010 11:29:00 AM and Madaket Harbors watershed Page 7: [3] Comment [S4] Saperstein 7/21/2010 4:44:00 PM Deletion by Misurelli (M) and others (S); unanimous. Page 7: [4] Comment [S5] Saperstein 7/21/2010 4:44:00 PM Insertion suggested by Saperstein based on comments during discussion. Page 7: [5] Deleted Saperstein 5/20/2010 11:24:00 AM , especially for hard clams, bay scallops and other species Page 7: [6] Deleted Saperstein 5/20/2010 11:24:00 AM Page 101 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions SECTION Page 7: [7] Comment [S6] Saperstein 7/21/2010 4:44:00 PM Suggestion by Willauer and accepted by consensus Page 7: [8] Comment [S7] Saperstein 7/21/2010 4:44:00 PM The substitution of plant and/or planting for turf throughout the document was moved by Saperstein, seconded by Collier and agreed to unanimously.