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HomeMy WebLinkAbout12062011NRB AgendaOIYff HOME OF PELICAN ISLAND NATURAL RESOURCES BOARD MINUTES TUESDAY, NOVEMBER 1, 2011 - 6 :00 P.M. City Council Chamber, 1225 Main Street, Sebastian 1. Chairperson Graves called the meeting to order at 6:02 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL: Present: Excused Absence: Robin Graves - Chair Ann Lucier Eric Spokas - Vice Chair Lori Bender Hank Kriss Jane Schnee Gilbert Gordian Jr. Unexcused Absence: Albert Alvarez Staff Present: Ginny Sieferd, Board Liaison and Donna Cyr, Recording Secretary 4. APPROVAL OF MINUTES: October 4, 2011 Regular meeting MOTION by Ms. Graves and SECOND by Mr. Kriss to approve the October 4th, 2011 minutes as written, motion carried. 5. ANNOUNCEMENTS: Charles Johnson, Department of Environmental Protection, gave a presentation explaining the Clean Marina Program and how to make a marina a certified "Clean Marina ". Mr. Johnson explained the importance of keeping the marina's clean and educating the public on proper trash management and environmental issues. Mr. Johnson also went over educating the boaters and fishermen on proper disposal of solid, liquid and hazardous waste. The website for the program is www.dep.state.fl.us/ then to "Programs" then to the "Clean Marina Program ". In response to Mr. Spokes' question regarding metal sediment when dredging, Mr. Johnson stated that everyone has to go through FDEP and get a permit to do any kind of dredging. FDEP also works with other water management districts when necessary. Ms. Sieferd asked about pump out grants and Mr. Johnson explained the process. Mr. Gordian mentioned that the total number of visiting vessels in Florida is around 400,000. Mr. Johnson stated that it is a multi - billion dollar tourism industry and that is why people need to be educated on keeping our waterways and shorelines clean. Mr. Johnson said that the Clean Marina Program has been around for over 12 years. He stated that there are about 270 designated Clean Marina's in Florida. Ms Graves would like the Natural Resources Board to recommend to Council that the City come on board with this program and utilize all the benefits that it offers. (See attached PowerPoint presentation) Natural Resources Board Meeting November 1, 2011 Page Two 6. PUBLIC INPUT: No public input. 7. OLD BUSINESS: A. Earth Day 2012 — Set Date: Chairperson Graves recommended that the City hold the Earth Day celebration on Saturday, April 21st. All members present agreed. B. Measuring of the Bald Cypress in the Buffer Preserve — Hank Kriss volunteered to go out and see if it is measurable. He will report back to the board. 8. NEW BUSINESS: No new business. 9. MEMBER MATTERS: No member matters. 10. STAFF MATTERS: No staff matters. 11. Being no further business, Ms. Graves adjourned the meeting at 6:58 p.m. Natural Resources Chairperson Signature Date ORDINANCE NO. 0 -11 -19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO FLORIDA FRIENDLY FERTILIZER USE WITHIN THE CITY OF SEBASTIAN; AMENDING ARTICLE XI "ENVIRONMENTAL PROTECTION" OF THE CITY OF SEBBASTIAN LAND DEVELOPMENT CODE BY ADDING SEC. 54 -3 -11.12 "FERTILIZER "; PROVIDING DEFINITIONS; PROVIDING CERTAIN FINDINGS, PURPOSE AND INTENT; PROVIDING APPLICABILITY; PROVIDING FOR TIMING OF FERTILIZER APPLICATIONS, FERTILIZER FREE ZONES, FERTILIZER CONTENT AND APPLICATION REQUIREMENTS; PROVIDING FOR MANAGEMENT OF VEGETATIVE MATTER; PROVIDING FOR TRAINING AND LICENSING REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian, Florida is a duly constituted municipality having such power and authority conferred upon it by the Florida Constitution and Chapter 166, Florida Statues; and WHEREAS, as a result of the impairment to City of Sebastian surface waters caused by excessive nutrients, the City Council has determined that the use of fertilizers on lands within City of Sebastian creates a potential risk of contributing to adverse effects on surface and/or ground water; and WHEREAS, to address the potential risks to surface and/or ground water from the use of fertilizers, the City Council wishes to adopt the Department of Environmental Protection's January, 2009 model ordinance for "Florida- Friendly Fertilizer Use on Urban Landscapes" (the "Fertilizer Ordinance "); and WHEREAS, the City Council has reviewed the Fertilizer Ordinance and has determined that its adoption furthers the public health, safety and general welfare of the residents and citizens of the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA: Section 1. The whereas clauses are incorporated herein as true and correct and as the legislative findings of the City Council. Section 2. The Land Development Code of the City of Sebastian, Article XI, "Environmental Protection ", is hereby amended by adding Sec. 54 -3 -11.12 entitled "Fertilizer" as follows: Sec. 54-3-11.12. Fertilizer. (a) As a result of impairment to the City of Sebastian's surface waters caused by excessive nutrients, the City Council has determined that the use of fertilizers on lands within the City of Sebastian creates a risk to contributing to adverse effects on surface and/or ground water. Accordingly, the City Council finds that management measures contained in the most recent edition of the "Florida- Friendly Best Management Practices for Protection of water Resources by the Green Industries, 2008," may be required by this ordinance. (b) The ordinance requires the use of Best Management Practices which provide specific management guidelines to minimize negative secondary and cumulative environmental effects associated with the misuse of fertilizers. These secondary and cumulative effects have been observed in and on the City of Sebastian's natural and constructed stormwater conveyances, rivers, creeks, canals, estuaries and other water bodies. Collectively these water bodies are an asset critical to the environmental, recreational, cultural and economic well -being of City of Sebastian residents and the health of the public. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, will help to improve and maintain water and habitat quality. (c) For the purposes of this Section, the following terms shall have the meanings set forth in this section unless the context clearly indicates otherwise. Administrator means the City Manager or designee. Application or apply means the actual physical deposit of fertilizer to turf or landscape plants. Applicator means any Person who applies fertilizer on turf andlor landscape plants within the City limits. Board or governing board means the City Council . Best management practices means turf and landscape practices or combination of practices based on research, field - testing, and expert review, determined to be the most effective and practicable on- location means, including economic and technological considerations, for improving water quality, conserving water supplies and protecting natural resources. Code enforcement officer, official, or inspector means any designated employee or agent of the City of Sebastian whose duty it is to enforce codes and ordinances enacted by the City Council . Commercial fertilizer applicator means any person who applies fertilizer on turf and /or landscape plants in the City of Sebastian in exchange for money, goods, services or other valuable consideration. Fertilize, fertilizing, or fertilization means the act of applying fertilizer to turf, specialized turf, or landscape plants, Fertilizer means any substance or mixture of substances, except pesticide /fertilizer mixtures such as "weed and feed" products, that contains one or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or provides other corrective measures to the soil. Guaranteed analysis means the percentage of plant nutrients or measures of neutralizing capability claimed to be present in a Fertilizer. Institutional applicator means any person, other than a non - commercial or 3 commercial fertilizer applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional applicators shall include, but shall not be limited to, owners and managers of public lands, schools, parks, religious institutions, utilities, industrial or business sites and any residential properties maintained in condominium and/or common ownership. Landscape plant means any native or exotic tree, shrub, or groundcover, but excluding turf. Low maintenance zone means an area a minimum of ten (10) feet wide adjacent to water courses which is planted and managed in order to minimize the need for fertilization, watering, and mowing. Pasture means land used for livestock grazing that is managed to provide feed value. Person means any natural person, business, corporation, limited liability company, partnership, limited partnership, association, club, organization, and/or any group of people acting as an organized entity. Prohibited application period means the time period during which a flood watch or warning, or a tropical storm watch or warning, or a hurricane watch or warning is in effect for any portion of the City of Sebastian, issued by the National Weather Service, or if heavy rainfall is likely. The Prohibited Application period shall be from June 1st to November 31st City of Sebastian approved best management practices training program means a training program approved by the City of Sebastian Administrator that includes at a minimum, the most current version of the Florida Department of Environmental Protection's "Florida- Friendly Best Management Practices for Protection of Water Resources by the Green Industries, 2008," as revised and any more stringent requirements set forth in this Ordinance. Slow release, controlled release, timed release, slowly available, or water soluble nitrogen means nitrogen in a form which delays its availability for plant uptake and 4 use after application, or which extends its availability to the plant longer than a reference rapid or quick release product. Turf, sod, or lawn means a piece of grass- covered soil held together by the roots of the grass. (d) This Section shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer within the City limits of the City of Sebastian, unless the applicator is specifically exempted by the terms of this Ordinance from the regulatory provisions of this Ordinance. This Ordinance shall be prospective only, and shall not impair any existing contracts. (e) No applicator shall apply fertilizers containing nitrogen and /or phosphorus to turf and/or landscape plants during a prohibited application period. (f) If a deflector shield or drop spreader is used, fertilizer shall not be applied within ten (10) feet of any pond, stream, watercourse, river, canal, or wetland as defined by the Florida Department of Environmental Protection (Chapter 62 -340, Florida Administrative Code) or from the top of a seawall. If more stringent City of Sebastian Code regulations apply, this provision does not relieve the requirement to adhere to the more stringent regulations .(q) Newly planted turf and landscape plants may be fertilized within a fertilizer - free zone only for the first sixty -(60) day establishment period, but caution shall be used to prevent direct deposition of nutrients into the water. (h) A voluntary ten (10) foot low maintenance zone is strongly recommended, but not mandated, from any pond, stream, watercourse, river, canal, or wetland or from the top of a seawall. A swale /berm system is recommended for installation at the landward edge of this low maintenance zone to capture and filter runoff. (i) Fertilizers applied to golf courses, parks, and athletic fields shall be formulated and applied in accordance with requirements and directions provided by Rule SE- 1.003(2)(d), Florida Administrative Code, as it may be amended. Note that this does not exempt Applicators at these sites from the required basic Green Industry BMP 5 training. (j) Fertilizers applied to turf and landscape plants within the City of Sebastian shall be formulated and applied in accordance with requirements and directions provided by Rule 5E- 1.003(2), Florida Administrative Code, Labeling Requirements For Urban Turf Fertilizers, as it may be amended. (k) Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape plants except as provided herein unless a soil or tissue deficiency has been verified by an approved test. No fertilizer containing phosphorus shall be applied to turf and/or landscape plants within the City of Sebastian at any time unless a soil test conducted by a licensed professional demonstrates a phosphorus deficiency and the type of landscape material that is intended to be planted requires phosphorus. (I) All fertilizers applied to turf and /or landscape plants within the City of Sebastian shall contain at least 50% of their nitrogen in a slow release form. (m) Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders. Deflectors must be positioned such that fertilizer granules are deflected away from all impervious surfaces, any fertilizer -free zones and water bodies, including wetlands. (n) Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any impervious surface shall be immediately and completely removed to the greatest extent practicable. (o) Fertilizer released on an impervious surface must be immediately contained and either legally applied to turf or any other legal site, or returned to the original or other appropriate container. (p) In no case shall fertilizer be washed, swept, or blown off impervious surfaces into stormwater drains, ditches, conveyances, or water bodies, including wetlands. (q) In no case shall grass clippings, vegetative material and/or vegetative debris either intentionally or accidentally, be washed, swept, or blown off into stormwater 6 drains, ditches, conveyances, water bodies, wetlands, or sidewalks or roadways. (r) All commercial and institutional applicators of fertilizer within the City of Sebastian, shall abide by the "Florida- Friendly Best Management Practices for Protection of Water Resources by the Green Industries" offered by the Florida Department of Environmental Protection through the University of Florida Extension "Florida- Friendly Landscapes" program. (s) Non-commercial applicators not otherwise required to be certified, such as private citizens on their own residential property, are encouraged to follow the recommendations of the University of Florida IFAS Florida Yards and Neighborhoods program when applying fertilizers. (t) All commercial applicators of fertilizer within the City of Sebastian shall abide by the "Florida- Friendly Best Management Practices for Protection of Water Resources by the Green Industries," offered by the Florida Department of Environmental Protection through the University of Florida IFAS "Florida - Friendly Landscapes" program. (u) All businesses applying fertilizer to turf and/or landscape plants (including but not limited to residential lawns, golf courses, commercial properties, and multi - family and condominium properties) must ensure that at least one employee has an appropriate "Florida - Friendly Best Management Practices for Protection of Water Resources by the Green Industries" training certificate prior to the business owner doing business within the City of Sebastian. Owners for any category of occupation which may apply any fertilizer to turf and/or landscape plants shall provide proof of completion of the program to the City of Sebastian Clerk's Office. Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 4. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. 7 Section 5. Codification. The sections of the ordinance may be made a part of the City Code of Laws and ordinances and may be re- numbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 6. Effective Date. This ordinance shall take effect immediately upon adoption. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Jim Hill Vice -Mayor Don Wright Councilmember Richard H. Gillmor Councilmember Andrea B. Coy Councilmember Bob McPartlan The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 2011. CITY OF SEBASTIAN, FLORIDA By: Mayor Jim Hill ATTEST: Sally A. Maio, MMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only. 8 Robert A. Ginsburg, City Attorney Words stricken shall be deleted; words underlined constitute the proposed amendment; remaining provisions continue in effect. 9