2020.02.24 Council Agenda Item 6

Background:

At the December 9, 2019 Town Council meeting, the Ordinance Committee introduced an ordinance to require licensed commercial pesticide and fertilizer applicators to register annually with the Town before engaging in the application of pesticides and/or fertilizers, as well as provide summary reports of applications made in Falmouth for the past year. Additionally, the proposed ordinance prohibited the outdoor application of fertilizers between December 1 and March 31. At that meeting, the Falmouth Conservation Commission delivered a presentation outlining the impetus for pesticide and fertilizer regulation as well as the education campaign and ordinance development process. 

A Public Hearing on the proposed ordinance was held at the January 13, 2020 Council meeting during which commercial applicators expressed implementation concerns regarding the registration and reporting requirements. The Council directed the Ordinance Committee to consider revising the ordinance to reflect the feedback.

The Ordinance Committee revised the ordinance at its January 16, 2020 meeting (revised language attached). Key changes include the commercial applicator definition, the fertilizer application reporting requirements, and the registration and reporting exemptions. The revised ordinance was re-introduced at the January 27, 2020 Council meeting. At that meeting, the Council requested information on current monitoring efforts as well as associated costs for baseline water testing in Falmouth. 

Current Status:

A Public Hearing on the re-introduced Ordinance for Pesticide and Fertilizer Regulation will be held at this meeting. Staff has also provided the attached draft registration and reporting forms. The attached memo from Kimberly Darling, Energy and Sustainability Coordinator, provides an update on current monitoring efforts as well as associated costs for baseline water testing in Falmouth.

*A resolution on the Town Council's commitment to monitor the use of fertilizers and pesticides from licensed applicators through ordinance and to delegate the Conservation Commission to lead an outreach campaign to educate Falmouth residents on the importance of proper, environmentally sound lawn care practices was presented at the December 9, 2019 meeting. The Town Council will consider the resolution at its March 9, 2020 meeting, which is the next possible date when the proposed ordinance amendment can be acted on by the Town Council. The Ordinance Committee is proposing that the resolution and ordinance be acted on at the same meeting.   

Attachments:

• Introduction letter from Councilor Cahan;
• Conservation Commission presentation;
• Proposed ordinance language;
• Draft registration form;
• Draft fertilizer application reporting form;
• Draft pesticide application reporting form;
• Memo from Kimberly Darling; and
• Resolution 74-2020.