HomeMy WebLinkAbout01032012NRB AgendaHOME OF PELICAN ISLAND
1225 Main Street, Sebastian, FL 32958
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AGENDA
NATURAL RESOURCES BOARD
REGULAR MEETING
TUESDAY, JANUARY 3, 2012
6:00 P.M.
"To improve the quality of life in Sebastian by nurturing
the balanced relationship between our citizens and our environment by
protecting, preserving and promoting our natural resources"
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. APPROVAL OF MINUTES: December 6, 2011 regular meeting.
5. PRESENTATIONS:
Richard Bamlet, Senior Forester, Florida Forest Service
Presentation on "Top Ten Treasure Coast Invasive Species"
6 PUBLIC INPUT:
7 OLD BUSINESS:
A. Review of Fertilizer Ordinance #0- 11 -19. Recommendation to Council
B. Purchase saplings from the Indian River Soil and Water Conservation District
(IRSWCD) and plant at assorted City parks.
8. NEW BUSINESS:
9. MEMBER MATTERS:
10. STAFF MATTERS:
11. ADJOURNMENT:
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, WILL NEED A RECORD OF
THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE,
WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH APPEAL IS TO BE HEARD. SAID APPEAL
MUST BE FILED WITH THE CITY CLERK'S OFFICE WITHIN TEN DAYS OF THE DATE OF ACTION. (286.0105 F. S).
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS SPECIAL
ACCOMMODATIONS FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (407)- 589 -5330 AT
LEAST 48 HOURS PRIOR TO THIS MEETING. TWO OR MORE ELECTED OFFICIALS MAY BE IN ATTENDANCE.
CRYOF
HOME OF PELICAN ISLAND
NATURAL RESOURCES BOARD
MINUTES
TUESDAY, DECEMBER 6, 2011 - 6:00 P.M.
City Council Chamber, 1225 Main Street, Sebastian
1. Chairperson Graves called the meeting to order at 6:00 p.m.
2. The Pledge of Allegiance was recited.
3. ROLL CALL:
Present:
Robin Graves - Chair
Eric Spokas - Vice Chair
Hank Kriss
Gilbert Gordian Jr.
Ann Lucier
Albert Alvarez
Lori Bender
Jane Schnee (A)
Alan Northcutt (A)
Staff Present: Ginny Sieferd, Board Liaison and Donna Cyr, Recording Secretary
4. APPROVAL OF MINUTES: November 1, 2011 Regular meeting
MOTION by Mr. Alvarez and SECOND by Mr. Spokas to approve the November 1st,
2011 minutes as written, motion carried.
5. PRESENTATIONS:
Chairperson Graves introduced Kathy Hill, Education Coordinator, Indian River Lagoon
National Estuary Program. Ms. Hill gave a presentation on Stormwater Runoff. (See
attached PowerPoint presentation). Her purpose was to remind everyone that no matter
where you live you have an effect on the Lagoon. She talked about muck and its
effects on seagrass. And how it strips oxygen from the water that can kill fish. Muck is a
mixture of silt, clay, decayed organic materials (pet waste, yard debris, etc.), sand and
shell. Ms. Hill talked about Algae Blooms and its effect on the lagoon. Ms. Hill
explained that local governments are using best management strategies for protecting
the lagoon by having Swales, Retention Ponds, Sediment Traps or Baffle Boxes and
Stormwater Parks. Ms. Hill also explained that there are five simple things everyone can
do to help keep the lagoon clean. One was is to sweep your driveway of lawn clippings
back on to the lawn instead of using a hose to wash the debris into the street and
gutters. Second is to use fertilizers wisely if you are going to use them at all. Third is to
compost your leaves and yard waste. Fourth is to never throw anything into a canal or
storm drains. And fifth is to bag all of your pet waste and dispose of it properly in the
trash. After the presentation Ms. Hill took questions from the board.
Ms. Graves asked about the smell from the river, was this the algae dying? Ms Hill
explained that it was and it is also something that has been around forever. There are
reports that the first settlers noted at different times the lagoon smelled.
Natural Resources Board Meeting
December 6, 2011
Page Two
Mr. Spokas asked about the traps filtering out hydro carbons. Ms. Hill said there is a
new trap called the Second Generation Sediment Trap. She said it is very good at
filtering out hydro carbons. The traps aren't as expensive as doing a retention pond.
They can be under $100,000 depending on the size.
Ms. Schnee asked what happens to the fertilizers that are removed from Stormwater
parks. Ms. Hill said they can dredge the suspended solids. Another way is to harvest
the plants from the wetland area and take them to the landfill.
Ms. Bender asked what we can do to better educate the public on polluting &
stormwater. Ms. Hill said she is holding workshops with Brevard County. By teaching
the public about Florida friendly yards and focusing on how to control their own property
and reducing use of fertilizer and pesticides. The best way to educate is to just get the
word out. Ms. Graves asked Ms. Hill if she would be interested in conducting a
workshop for Earth Day and she is interested.
6. PUBLIC INPUT:
A resident asked about Johnson Seagrass. Ms. Hill said there has been a large algae
bloom this past summer and because of this bloom there has been some seagrass loss.
The man also asked about mercury in the lagoon she said she didn't have any data on
this.
Harvey Wheeler, Sebastian, thanked Ms. Hill for coming. He feels education is the best
way to get the word out and we need to reach out to the children. SJRWMD has
pamphlets that we should have here in City Hall to have available to pass out. Ms.
Graves also mentioned using the internet and getting the word out that way.
7 OLD BUSINESS:
A. Measuring of the Bald Cypress in the Buffer Preserve — Hank Kriss let the board
know that he and Gil Gordian went out to the Buffer Preserve and the area was swamp
land and the Bald Cypress tree was not measurable.
8. NEW BUSINESS:
A. Review of Fertilizer Ordinance #0- 11 -19. Chairperson Graves asked the board
to take the ordinance and spend some time and review it then bring their ideas to the
January meeting. Ms. Sieferd said the ordinance looked good but she feels that there
should be a time limit / time frame on how long it takes to become certified to apply
fertilizer. She feels there should be a set time for commercial lawn maintenance workers
to get their certification.
9. MEMBER MATTERS:
Earth Day 2012: Ms. Graves mentioned that members should think about possible
vendors for Earth Day and she will send out an email with a "Save the Date" and let
them know when and where it will be.
New member, Alan Northcott gave a brief introduction of himself. He said he came from
England in 1992, lived in a couple other States and has been in Sebastian for three
months. He enjoys public service.
Natural Resources Board Meeting
December 6, 2011
Page Three
Ms. Schnee mentioned buying seedlings (Bald Cypress and Red Maples) from the
Indian River Soil and Conservation District and planting them on CR512 near the City
Compound. After some discussion it was determined that the property is private
property. Ms. Sieferd will check to see if it is a problem to get about $50.00 from the
Parks & Recreation Department to purchase some trees and plant them in different City
Parks where needed. Ms. Sieferd will do some research on City Parks. She will email
the list to the board.
Mr. Gordian would like to go out to our Spoil Island IR1 every two months to survey the
island and clean up when necessary. He would like to be able to contact other board
members to join him. It was determined that it would be fine as long as the trips were
Noticed and short minutes were taken. This can be done as a field trip.
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.
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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 and /or 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
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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
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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 5E-
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
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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 crass clippings, vegetative material and /or vegetative debris
either intentionally or accidentally, be washed, swept, or blown off into stormwater
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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. Severabilitv. 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.
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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.
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Robert A. Ginsburg, City Attorney
Words stricken shall be deleted; words underlined constitute the proposed amendment;
remaining provisions continue in effect.
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