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HOME OF PELICAN ISlANO
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, MAY 9, 2012 - 6:30 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Hill called the regular meeting to order at 6:30 p.m.
2. A moment of silence was held.
3. The Pledge of Allegiance was led by Vice Mayor Wright.
4. ROLL CALL
City Council Present:
Mayor Jim Hill
Vice-Mayor pon Wright
Council Member Andrea Coy
Council Member Richard H. Gillmor
Council Member Bob McPartlan
Staff Present:
City Manager, AI Minner
City Attorney, Robert Ginsburg
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
Administrative Services Director, Debra Krueger
Building Director, Wayne Eseltine
Community Development Director, Joseph Gri�n
Finance Director, Ken Killgore
Police Chief, Michelle Morris
MIS Senior Systems Analyst, Barbara Brooke-Reese
5. AGENDA MODIFICATIONS
Modifications and additions require unanimous voted of City Council Members
None.
6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS
Presentations of proc/amations, certificates and awards, and brief time/y announcements by Council and Staff. No public
input or action under this heading.
12.061 A. Proclamation — Safe Boatinq Week — Mav 19-25, 2012 — Accepted bv Flotilla 56
Commander Frans Eyberse, US Coast Guard Auxiliarv
Mayor Hill read the proclamation and presented it to Commander Eyberse and
members of the Auxiliary who announced classes are available in the old Council
Chambers.
Regular City Council Meeting
May 9, 2012
Page Two
12.062 B. Proclamation — Civilitv Month — May. 2012 — Accepted by Citv Attorneys
Robert A. Ginsburq
Mayor Hill read the proclamation and presented it to City Attorney, Robert
Ginsburg.
12.063 C. Proclamation — Buildinq Safetv Month — Mav, 2012 — Accepted bv Buildinq
Director, Wayne Eseltine
Mayor Hill read a proclamation from Governor Scott and presented it to Building
Official, Wayne Eseltine.
12.064 D. Proclamation — Teacher Appreciation Week — Mav 7-11, 2012 — Accepted bv
Principal Todd Racine, Sebastian River Middle School
Mayor Hill read the proclamation and presented it to Pelican Island Elementary
School Teacher, Mrs. O'Shay.
12.065 E. Proclamation — National Police Officers Memorial Dav — Mav 15th, 2012 &
National Police Week Mav 13-19, 2012 — Acceqted bv Chief, Michelle Morris
Mayor Hill read the proclamation and presented it to Police Chief Michelle Morris.
F. Presentation bv St. Johns River Water Manaqement District — Land Assessment
Robert Christensen, St. Johns River Water Management District gave a Power
Point presentation (see attached) on the agency's district land assessment
project which will determine the need to retain SJRWMD lands, a process that
began in December 2011 and will end December 2012. He said there will be
public meetings in late June in Palm Bay or Vero Beach and more information
could be attained at www.floridawaters.com.
Mr. Gillmor asked what types of land and if lands are set aside for recreation.
Mr. Christensen responded that the properties are levees, forests, wetlands, and
virtually all are open to public for recreation and there is an on-line guide as to
how they can be accessed.
Ms. Coy said the City Stormwater Park is a beautiful example and that we are
managing that parcel for SJRWMD. She asked if they were examining that parcel
and Mr. Christensen replied that is called project land and is one of the first
screened out, and that where they have partners they are particularly sensitive.
He said people will have two opportunities to watch over what they are doing and
protect their interests.
G. Brief Announcements
i. Mr. Gillmor announced the Sebastian River Art Club Show in Riverview Park on May 12cn
from 10 am to 4 pm.
ii. Mayor Hill announced the US Postal Carriers Food Drive on May 12th.
iii. Mayor Hill announced City Hall will be closed for a furlough day on May 18th.
iv. Mayor Hill announced the Concert in Riverview Park on May 18th from 5:30 pm to 8 pm
with the Bobby Owens Band.
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Regular City Council Meeting
May 9, 2012
Page Three
Ms. Coy asked, in conjunction with the May 12th food drive, for anyone who has a box
truck to volunteer to deliver food to the distribution sites and people can call her at 388-
0961.
Ms. Coy announced that IRSC is open for the summer session, and people can go to
irsc.edu for further information.
7. CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate
discussion of consent agenda items un/ess a member of City Council so requests; in which event, the item will be
removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she
shou/d request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand
to be recognized.
A.
B.
12.067 C.
Approval of Minutes — 4/11/12 Joint Workshop
Approval of Minutes — 4/25/12 Regular Meeting
Approve Closing of Indian River Drive from Harrison Street North to Jackson
Street on September 29, 2012 from 6:00 a.m. to 9:00 a.m. for Sebastian Charter
Junior High School 5K Run Fundraiser (Parks Transmittal, Application)
12.068 D. Approve Closing of Indian River Drive from Harrison Street North to Jackson
Street on November 10, 2012 from 6:45 a.m. to 9:30 a.m. for Sebastian River
Middle School IB Program 5K Run Fundraiser (Parks Transmittal, Letter,
Application)
12.069 E
12.003 F
12.070 G
12.071 H
Prior Authorization for Any Member of City Council to Attend Florida League of
Cities Annual Conference at Westin Diplomat, Hollywood, FL — August 23-25,
2012 (City Clerk Transmittal)
Prior Authorization for Any Member of City Council to Attend Advanced Institute
for Elected Municipal Officials in Cocoa Beach, FL — October 26-27, 2012 (City
Clerk Transmittal)
Police Department ForFeitures (Police Chief Transmittal, Invoices, Memo, Letters)
Resolution No. R-12-13 - Assignment of Sebastian Municipal Airport Lease - V-
Raptor Aircraft, LLC to Rud Arrow, Inc. (Airport Director Transmittal, R-12-13,
Correspondence, Consent, Lease)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
PERTAINING TO THE SEBASTIAN MUNICIPAL AIRPORT; AUTHORIZING THE ASSIGNMENT
OF LEASEHOLD INTEREST BETWEEN V-RAPTOR AIRCRAFT, LLC AND RUD AERO, INC;
PROVIDING FOR THE REPEAL OF ANY RESOLUTIONS IN CONFLICT HEREWITH AND
PROVIDING FOR AN EFFECTIVE DATE.
MOTION by Ms. Coy and SECOND by Mr. Gillmor to approve the consent agenda.
Result of the roll call vote:
AYES: All
NAYS: None
Passed 5-0
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Regular City Council Meeting
May 9, 2012
Page Four
8. COMMITTEE REPORTS & APPOINTMENTS
City committee reports and Council Member regiona/ committee reports. No public input or action except for City
committee member nominations and appointments under this heading.
12.072 A. Natural Resources Board
(City Clerk Transmittal, Applications, Ad, List)
i. Interview, Unless Waived, and Appoint One Unexpired, Regular Member
Position — Term to Expire July 1, 2014
City Council briefly interviewed Alternate Member Alan Northcott, Gerald
Deredita and Patricia Casselberry, who gave their background and experience in
environmental issues.
Ms. Coy and Mc Partlan nominated Mr. Alan Northcott as the regular member.
There were no other nominations, therefore he was appointed.
Ms. Coy nominated Patricia Casselberry for Mr. Northcott's vacated alternate
position and since there were no other nominations, she was appointed.
pgs 79-91 B. Parks and Recreation Advisorv Committee
(City Clerk Transmittal, Applications, Ad, List)
i. Interview, Unless Waived, and Appoint Two Expired, Regular Member
Positions — Terms to Expire May 31, 2015
ii. Interview, Unless Waived, and Appoint One Expired Alternate Member
Position — Term to Expire May 31, 2015
iii. Interview, Unless Waived, and Appoint One Unexpired Alternate Member
Position — Term to Expire May 31, 2014
City Council briefly interviewed current members Matthew Sims and Joann
Webster and new applicant Stephen Lucier. Current member Ms. White was not
in attendance,
Mr. Wright nominated Matthew Sims and Joann White to the regular member
positions, and Joann Webster (to 2015) and Stephen Lucier (to 2014) to the
alternate positions.
Mavors' Meetinq Report
Mr. Wright reported on the Mayors' Meeting on May 7th, said there were good
comments, his presentation included an Economic Development Presentation made in
Martin County by Economist Bill Fruth, noted Florida has moved up from fifth to second
best in the country in which to do business based on initiatives by Governor Scott. He
said he had suggested they look at benchmarking information going back four or five
years in regard to critical areas such as unemployment, number of jobs available, etc.
He said Orchid Mayor Dunlop asked for an agenda item tox�the animal control issue
and asked the other municipalities to join with his community to reach a consensus and
send a joint letter to the County stating we feel it is the County's responsibility and
shouldn't be passed onto municipalities. He requested this be placed on the next
agenda for action by Council.
Mayor Hill asked if the letter itself would be on the next agenda and Mr. Wright clarified
that it would be for direction.
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Regular City Council Meeting
May 9, 2012
Page Five
9. PUBLIC HEARING
pgs 92-98 A. Ordinance No. 0-12-06 — Florida Model Ordinance — Fertilizer Best Manaqement
Practices (Citv Manaqer Transmittal, 0-12-06)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PERTAINING TO ENVIRONMENTAL
REGULATION; AMENDING THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN,
CHAPTER 50 "HEALTH AND SANITATION" BY PROVIDING FOR CREATION OF SECTION 50-5
"FLORIDA-FRIENDLY FERTILIZER USE"; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE. (1St Reading 4/11/12, Legal Ad 4/25/12)
The City Attorney read the title of Ordinance No. 0-12-06 and Mayor Hill opened the
public hearing at 7:09 p.m. The City Manager said this is the same ordinance that was
bought before Council with one correction to a scrivener's error to include the definition
of "fertilizer" which was inadvertently left out during first reading.
MOTION by Mayor Hill and SECOND by Mr. Wright to adopt Ordinance No. 0-12-06 as
amended by the City Manager.
The following members of the public supported strengthening the ordinance with
additional regulations beyond what is provided in the model ordinance to further regulate
use of phosphorous and use of nitrogen only after testing, prohibit fertilizing during rainy
summer months, expressed concern for degradation of the Indian River Lagoon and its
effect on marine life, the environment and the local economy, suggested looking at
stronger ordinances from other communities, and conducting a workshop to bring in
someone with scientific expertise.
• Brian Carmen, Board of Directors of Marine Resources Council - suggested
contacting John Paxton from Sarasota County)
• Russell Herrmann, Indian River Neighborhood Association - read an IRNA
position statement into the record (see attached)
• Kristen Beck, Pelican Island Preservation Society, and outdoor recreation
business owner (invited members to come out with her to see the diminishing
seagrasses)
• Tom Bauer, Roseland — former river guide
• Tim Glover, Friends of the St. Sebastian River
• George Geiger, Sebastian — cited his email to Council (see attached)
• Susan Keiffer, Florida Master Naturalist — invited members to visit Environmental
Learning Center and speak to Heather Stapleton
• Darryl ?, Sebastian
• Dr. Richard Baker, President, Pelican Island Audubon Society, submitted a page
from the Florida best management practices handbook with three asterisks (see
attached) and asked that they be included in the ordinance.
• Jane Schnee, Sebastian
• Jim Gallagher, Sebastian — said 36 agencies in Florida have adopted stronger
ordinances
• Judy Evans Gallagher, Sebastian
Regular City Council Meeting
May 9, 2012
Page Six
The following members of the public supported adoption of the ordinance based on the
Florida best management practices model ordinance and suggested other sources of
pollution such as septic tanks, agriculture, growth in population and increased boaters
may have also have an effect on the lagoon:
• Todd Josko, Florida Turfgrass Association.
• Pete Schneider, Executive Director, Turfgrass Association, in response to
questions from Ms. Coy and Mr. Gillmor said they do not promote use of
phosphorous at all or nitrogen unless soil studies support it and did not support
use of slow release nitrogen because it takes too long to degrade and is applied
at rates above Florida friendly guidelines.
• Craig Wyatt, Moorings Golf Course, and Florida Master Naturalist
• Craig Domingas, St. Lucie County, Scotts Lawn Service, State BMP Instructor
• John Kern
• Steve Marini, Tru Green, BMP certified
• Barry Bellvedere
Mayor Hill called recess at 8:10 p.m. and when the meeting was reconvened at 8:24
p.m., all members were present.
Mayor Hill was concerned with the perception that there are two sides, that there is not a
person on Council who wants to see the degradation of the river. Ms. Coy agreed, but
said if you listen there are two differences of opinion and there is room to compromise
that won't hurt or offend anyone. She cited the credentials and experience of the people
who spoke of their concerns and said most in favor are from businesses. She noted the
Turfgrass Association states they do not use phosphorous and she had the same
asterisks marked as Dr. Baker, and said it appears we are all on the same page, cited
the Martin County ordinance and the pending Brevard County ordinance, and asked to
add those three items to the ordinance to help us get the box stores to stop selling those
products and educate the public.
Mr. Gillmor read that there is already language in the ordinance prohibiting fertilizing
when heavy rain occurrences are anticipated.
Mayor Hill said everything stated is already covered in the ordinance by reference to
Best Management Practices and the Florida Administrative Code rules. He suggested
when we educate the public we include the list provided on Channel 25 slides.
Mr. Gillmor said he did not see the harm in putting language in that would make it
clearer, noting phosphorus has been known to be a problem for many years.
MOTION to amend the main motion by Mr. Gillmor to require phosphorus application
only after soil testing and Ms. Coy seconded it requesting that he add "quick release".
Mr. Wright said this clarification was not necessary and read the section of the ordinance
and said we are picking at words to satisfy the audience, and if you look those things
they are already referenced.
Regular City Council Meeting
May 9, 2012
Page Seven
8:52 pm
Result of roll call on the amendment:
Ayes: Coy, Gillmor
Nays: McPartlan, Hill, Wright
Amendment on the Main Motion Failed.
Mr. Wright said he was concerned with degradation of water and urged we not pass this
and forget about it. He said he would like to see follow-up by experts to know what is
causing the pollution in the Indian River and go after the top polluters. He cited his
experience in New Jersey where 35 years were spent replacing bad sewers and finally
the waters have been cleaned up. He said if we just talk about fertilizer we might be
missing other sources and was afraid the majority will be from agriculture which is
typically excluded from regulation.
Mr. McPartlan said we are the citizens' caretakers, and the first important step we can
take is to pass this ordinance, educate our children, bring them to the ELC and recycle.
He said he spent the day of service with his children picking up thousands of cigarette
butts in the park and there are no smoking rules there. He said the problem is people
and said we need to encourage young people like those who won a science project to
work toward protecting the lagoon, and that education is on each of them to encourage
people not to use companies who use phosphorous, and suggested people start a
petition to submit to fertilizer companies.
Ms. Coy said the FAC rule deals with requirements for fertilizer labels, doesn't tell you
don't put it on there, so to say our ordinance covers these three issues is not clear.
Mayor Hill read from the ordinance and said these items could be posted on a slide.
Ms. Coy asked why not just put it in the ordinance, because if not, no one will
understand.
Result of the roll call vote:
AYES: Wright, Gillmor, McPartlan, Hill
NAYS: Coy
Passed 4-1
10. UNFINISHED BUSINESS
12.055 A. Cavcorp Improvement Update (City Manager Transmittal. Lavouts, Cost
Anal ses
The City Manager introduced Frank Hickson, Infrastructure Engineers, Inc., who gave a
Power Point presentation on the project and the highlighted comments he has received
from members of Council (see attached). He sought direction from City Council to
approve the conceptual plan as is or provide new direction, and then we can move into
final design and have the public involved.
9:11 pm Mr. Gillmor commended the City Manager and Mr. Hickson for the process followed and
allowing input before getting to the final design. He suggested allowing for flexibility to
allow cars in the boat parking area shown on the Sebastian Boulevard side during art
and craft shows and other events in Riverview Park.
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Regular City Council Meeting
May 9, 2012
Page Eight
The City Manager responded that since these events occur in the winter months
primarily when there is less boating, we could mark that area out for events, and boaters
will probably lean more to the north and east side to be closer to the ramp.
Ms. Coy asked what would prevent cars from parking in boat spots, and the response
was that boat spots are reserved for boat trailer parking much the same as Main Street,
and Mayor Hill said the simple solution is to mark those as car parking only during
events. Ms. Coy said there needs to be a balance and she was not sure we need to
provide boat trailer parking for everybody.
Mayor Hill said when you mingle car with boat parking it is a disaster, and said pervious
surFace that has to be vacuumed out is a disaster, because it crumbles. He suggested
impervious surface and corral water to retention ponds. Ms. Coy asked if we considered
a sod environment delineated with cement lines, and the City Manager said that was
never considered, though turf block was considered and we would still need concrete for
handicapped spaces. Mr. Hickson said turf blocks become tripping hazards. Ms. Coy
said we have a lot that is perfect, and she never thought we were going to put this much
pavement down.
Mr. Wright commented on layout 11-1 stating with angled parking you would not have to
be remove the sidewalk, asked if layout 11-1 is pervious or impervious and Mr. Hickson
said with angled we are okay either way. In response to Mr. Wright, Mr. Hickson said all
throughways will accommodate two-way traffic, that a T line on the conceptual is a utility
easement. Mr. Wright said on the Sebastian Boulevard side, he was hoping that the boat
trailer parking could have an access road running east and west to make them through
spots and accessible by either side for car parking when needed.
Discussion then turned to angled rather than perpendicular parking on the east and west
sides of Indian River Drive to create more car parking, and Mr. Hickson said the swale
on the west side is needed to treat runoff. Mr. Wright said we have a design in place to
pipe the swale north of that area along Indian River Drive and suggested we could do
that here. Mr. Hickson said there is no final design on the drainage and the City Manager
said runoff in that area will be treated by a baffle box and they will have to look into
whether that could be done here. In response to Mr. Wright, the City Manager said we
had used a retention pond on the Main Street project not a baffle box.
In response to Mr. McPartlan, Mr. Hickson said the asphalt is designed to last 20 years
with proper maintenance and with pervious it depends on a maintenance plan. The City
Manager said he will provide them with maintenance costs for both.
12.035 B. Authorize Proiect Budqet Increase from $75,000 to $100,000 for poq Park
Restroom (Public Works Transmittal, Budaet Modification, Impact Fee Summarv)
MOTION by Ms. Coy and SECOND by Mr. Wright to approve.
The City Manager said the Parks and Recreation Committee didn't want to cut the
restroom out after receiving significant public input, and we will need $25K for the
project.
Jim Sunnycalb, Sebastian, said he was the one to bring up the restroom and walking
trail, the park has grown and is a big asset to Sebastian.
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Regular City Council Meeting
May 9, 2012
Page Nine
Mr. Sunnycalb said there about 300 cars a week in response to Mr. Wright, who
commented that could be the City's most regularly used park.
Louise Kautenburg, Sebastian, concerned this is a cost that has grown from $25K and
suggested that a park that is used for a longer duration of time such as the complex
where children play ball all year long could use the restroom. Mr. Wright said the
committee looked carefully, and did not think this precludes us from putting facilities in
other parks, and adding to the budget, considering the use, made sense to him.
Mr. McPartlan asked how long the restroom will last and are people going to take dogs
into the restroom with them when they use it or will there be a hitching post. The City
Manager said it will last quite a while and had no answer on the dogs.
Result of the roll call vote:
AYES: All
NAYS: None
Passed 5-0
MOTION by Mr. Wright and SECOND by Mayor Hill to continue the meeting until no later
than 10:30 p.m. passed with a voice vote of 5-0.
11. PUBLIC INPUT
Bruce Zingman, Sebastian, thanked everyone who participated in the the day of service,
including Mayor Hill and Council Member McPartlan, Friends of St. Sebastian River,
Natural Resources Board, Roseland residents, Boys and Girls Club, Womens' Club,
KIRB, Walmart and Dunkin Donuts. He said volunteers are needed to sort donated food
at the Stamp Out Hunger Drive at the Sebastian Post Office on May 12th.
12. NEW BUSINESS
12.044 A. Resolution No. R-12-12 - Bank Note Bond Closinq (Finance Director Transmittal,
R-12-12, Analvsis)
10:00 am
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ACCEPTING A PROPOSAL OF TD
BANK, N.A. AND APPROVING THE FORM OF A LOAN AGREEMENT WITH TD BANK, N.A.;
AUTHORIZING THE ISSUANCE OF A PROMISSORY NOTE PURSUANT TO SUCH LOAN
AGREEMENT IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,296,000 TO REFINANCE
PRIOR INDEBTEDNESS OF THE CITY AND TO FINANCE COSTS OF THE ACQUISTION,
CONSTRUCTION AND EQUIPPING OF CERTAIN TRANSPORTATION RELATED CAPITAL
IMPROVEMENTS WITHIN THE CITY; AUTHORIZING THE REPAYMENT OF SUCH NOTE
FROM PROCEEDS OF THE SIX CENTS LOCAL OPTION GAS TAX; DELEGATING CERTAIN
AUTHORITY TO THE CITY MANAGER AND THE CITY CLERK; AUTHORIZING THE
EXECUTION AND DELIVERY OF OTHER DOCUMENTS IN CONNECTION THEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE FOR THIS RESOLUTION.
The City Attorney read the title to Resolution R-12-12. The City Manager said by making
the financial transaction, this City will be reducing the annual interest rate from
approximately 4% to 1.99% and extending the debt term for one year. The City
Manager said this action will provide approximately an additional $175K in new debt
proceeds, which can be used for street paving this year and reduce the annual LOGT
debt payment by approximately $21,000 per year. The City Manager also reported that
the lower debt payment will help offset the loss in LOGT revenue that started in FY 12.
G�
Regular City Council Meeting
May 9, 2012
Page Ten
Finally, the City Manager relayed that he anticipated providing, at the next Council
meeting, a staff recommendation on street surfacing improvements to be financed with
the new debt proceeds.
MOTION by Mr. Gillmor and SECOND by Ms. Coy to approve Resolution No. R-12-12.
Result of the roll call vote:
AYES: All
NAYS: None
Passed 5-0
12.074 B. Award Annual Sod Contract to Aq Scape Services Based on Bid Prices
Submitted — Low Bidder and Local (Public Works Transmittal, Bid Tabulation)
The City Manager said that the annual sod contract has expired and recommended
approval of the new contract with Ag Scape Services.
MOTION by Ms. Coy and SECOND by Gillmor to approve the contract.
Result of the roll call vote:
AYES: All
NAYS: None
Passed 5-0.
12.059 C. Resolution No. R-12-14 — Smart Meters (Council Transmittal, R-12-14)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, IN
SUPPORT OF THE RIGHT OF CITIZENS IN SEBASTIAN, FLORIDA TO OPT OUT OF FLORIDA
POWER & LIGHT'S SMART METER PROGRAM; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read the title to Resolution No. R-12-14. The City Manager said Mr.
Gillmor requested this item to be on the agenda.
Mr. Gillmor said he looked at the County's resolution, saw it was unanimously approved,
noted it gave them no jurisdiction but liked the way it was worded so he wanted folks to
have a chance to talk about it; that he did not specifically request a resolution, and would
suggest instead we send a letter.
Mr. Wright said he got a correspondence from Amy Brunjes, FPL, who suggested a
letter be sent to the FPL president and request a response within 30 days, they are
going to try to comply with people's requests, and he would rather not have resolution on
something that we have no control over.
Mr. Gillmor said he would support a motion to send a letter to the Public Service
Commission asking them to support the County resolution. Mr. Wright said either FPL or
PSC. The City Manager suggested sending it to FPL and copying the same letter to
PSC. Ms. Coy said that makes sense since we have no authority. It was the consensus
of Council to send the letter.
Amy Brunjes, FPL, recommended sending the letter to the FPL President for a
response, that the FL PSC has said they will formalize a process to take public input and
provide full stakeholder participation and this may take it out of the hand of local bodies.
10
Regular City Council Meeting
May 9, 2012
Page Eleven
The following individuals expressed strong concerns about smart meters, the need to opt
out and request for a resolution:
• Phyllis Frye, Vero Beach — said this violates State and Federal laws and gives
government control over us with ability to ration our use
• Stephanie Austin — said she wants full public hearings, other states are offering
lifetime opt-out and distributed a paper from Wave-Guide.org (see attached) and
said this is a change of America as we know it and is unconstitutional
• Mary Ingui — urged sending a powerful letter calling for hearings, said this is
another type of pollution, asked if someone would knowingly put something in
their home that would harm them and coupled with wi-fi and cell phone this is a
future health hazard and they are a surveillance device, and cited the website
www.thepowerfilm.com
• Robert Ciccio, said he was able to opt out by calling the customer service hotline,
said FPL was sneaky in the way they installed the meters, and read from a letter
from Congressman Posey (see attached).
• Susan Keiffer, Florida Master Naturalist and herbologist, said smart meters have
a thousand times more radiation than cell phones, affect many bodily functions,
in California cost three times as much and give power to a global power matrix
which can shut power off with one flick of a switch.
Amy Brunjes, FPL, responded that FPL was ordered in 2009 by PSC to install smart
meters and said Congressman Posey sent a retraction to the letter cited by a citizen and
she would provide it to Council (see attached). She left a large binder of studies
conducted for each member of Council (copy available in Clerks office).
At 10:30 pm, Mayor Hill adjourned the Regular Meeting and the remaining items were
not addressed.
13. CITY ATTORNEY MATTERS
14. CITY MANAGER MATTERS
15. CITY CLERK MATTERS
16. CITY COUNCIL MATTERS
A. Vice Mayor Wright
B. Council Member Coy
C. Council Member Gillmor
D. Council Member McPartlan
E. Mayor Hill
Approved a he y 23rd, 2012 Regular City Council meeting.
Jim l, Mayor
A EST.'
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Sally A. Maio, MMC City C/erk
11
BILL POSEY
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COtdMITTEE.
FINANCIAL SERVICES
SUBCOMMITTEES:
CaNrra� Ma.wKeTs
OVERSIGHT AMO INVESTI[iAI�iONS
MEMBEP Of:
HOUSEAEROSPACECAUCUS
REPUBLICAN STUDY COMMITTEE
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Submitted by Robert Cicio
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Ci�Y Clerk�S p�ee
www.posey.hou se�.gov
WASNINGTON OFFICE:
S20 L:ANNON HUUaE (7FFlCE BUfLUwti
WASHINGTON, DC ZO51S
(202)225-3671
Fax:�202)225-3516
OISTRICT OfFICE:
Z72S JUOGE FRAN JAMIESON WAY, BIOG. C
MELBOURNE, Fl 32940
(32�1632-1776
Pnx:(3211639-8595
Dear
Thank you for contacting me to express your concerns about smart meters. I appreciate hearing from you.
As you may know, provisions within the 2005 Energy Policy Act allow for consumers to opt out of sma�t
meter programs that are run at the state level. �lorida consumers can opt out of these programs by
contacting the appropriate authorities. As this is a state issue, I suggest that you contact Florida Power
and t_ight at (305) 552-2950 and the Florida Public Service Commission at 1(800) 342-3552 and request
that you be added to the smart meter opt out list.
Thank y�u again, , for contacting me. I appreciate having the benefit of your views_ it is an
honor to serve you in Congress. For more information on my work in Congress, to sign up to receive my
E-newsletter, or to participate in telephone town haii meetings, please visit my website,
http://wWw.posev.house.gov_, or call my office at (321) 632-1776. if I may be of service to you in the
future. please do not hesitate to contact me.
Sincerely,
��
Bill Posey
Member of Congress
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NOUSE AFRI�SPACE CAUCUS
r�r:ri�t�Eicn�v sTt�uY cU,.1���n rcF
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Submitted by Amy Brunjes, External Affairs Manager
Florida Power and Light Company
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January �2, 2012
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'fhank yoi� for contactinc� nZe to express your concerns about smark meters. I appreclate hearinc� from you.
Unfortunately, the information includeci in my previous lettei• was incarrect as I t�ad received incorrect
informatian. 7here is not a manciatory o�t out ��rovision for sr�iarf ineters installed by privaie com►�anies. I
a�ologize for tho inconvenience ancl advise tt��t you contact Florida F'ower and t_igt�t with yottr concerns
as ihis clecision is in their i�ancfs.
Thanlc you again, �i, For c�ntact+r�g me. f appreciate haviizg tiis benefif of your vie�vs. It is an
}ionor to serve you in Congross.
Sincerely,
�e.."m'�
Bill Posey
Member of Congress
PRI::iRiOi.lfJ Riit;l'f:1.ftJ PAF'f�!i
Submitted by Dr. Richard Baker, President, Pelican Island Audubon Society
thanh ti�.�r 1z5, Ic�rtil�-�tivr� i�, �hv<a��, E�,>,t, takat �c .��,tr�i�
�(t�it�t that f<tittr tzutr�cr�t� .ai� 1� ,t ttc�n� ri�t ,url�i ,� car �rri�;taiiz�rt n�ar �-c�s�.z�t t�a >�c��l�e�fle�aa��n .i�i<� �i��Ttict�axt
lra�.hEtl tPar��i�.ki'� ;i �,�,�ItEa�. Kc:la �r7airi?�;ir,,�i t�rel,�ra<s i�,�' „� ��'�•ullzer.
th,tn .jii u��aftcuitho-; ,��{,5t°)-y. � x:ai}Ei;lir�l x�u-f, �'
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l�Ta�rt3>�rir�r� n�.kc c:iu�,e tr�c:hu�:; ,?�- ��t��i�,((, �ia1r1 :t l;�t:;(c a!
iacr� �t� tis� E,7�c<91�r�c� �rl`Sicet•��. c��iuc tta.:a�1c1 ati�r.a�
Ilil("aCF 41n1k� .il{ !ti_ i�i lw t F f�� 'tllt�,lt)Y4NilI IfI t'11,�,,171"t' t14i �C!'tl�-
�w�•��� :na° fe�Fc ca i�,: n: t����}� ��at� rui� nll� i�tt�� St�+rntti�:rtr�r� ct �„-
!��n�� o� t�.aaxr� 1����1�c, C7�tflec���r shi��l�ls sh�aulkl :t(14�,�ca Fr.
tt�seci n,�ar hr>arz�lcl� i��. .�-„ a, ..,,.,.__ _
University of Florida IFAS Extension.(2ppg�, Florida Friendly Best
Management Practices for Protection of Water Resources by the Green
Industries. Florida Department of Environmental Protection.
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12 Apri) 2012
566 Ponoka St
Sebastian, FI 32958
Mayor Hill, Sebastian City Council Members:
����j��
� �
�?�������� ����
�r�� � tf��i
���,
Thank you for the opportunity to speak at the Council Meeting last evening with
regard to the proposed Florida Friendly Fertilizer Ordinance.
Unfortunately I was disappointed by the depth of, or even the lack of due
diligence undertaken by cauncil on such a critical issue prior to taking a public
position on the proposed Florida Friendly Fertilizer Ordinance. 1 believe when
questioned by council Mr. Min#or had to respond, but to his credit applied a
strong caveat to his comments which should have tipped the council off that
more, and certainly more current information regarding the health and vitality of
the lagoon was necessary. Scientific information from the Marine Resources
Couneil was presented and more was a�ailable. As well, I believe it would have
been in the best interests of the council to at least receive more tirnely testimony
from state persannel working directiy on the sea grass die off issue, as well as the
Department of Environmental Protection. Mr. Jeff Geal is a sea grass scientist
with the Florida Wildlife Research Institute, Habitat Branch and works out of
Harbor Branch, and is the source of my comments about the total die off from
South Mosquit� Lagoon to Vero Beach, when I questioned him about the die off
around Sebastian. He used the word "catastrophic", he said the recovery
potential is "unknown", and the die off event is being attributed to "a rare zoo
plankton bloom facilitated by high salinity levels attributable to the 2 year
drought". Mr. Geal's phone number is 772 - 242 -2561. The issue becomes
recovery; algae bfooms resultant from Phosphate and Nitrogen rich storm water
run- off will reduce the sun light reaching the re-emerging sea grass hindering re-
growth and any recovery.
In an attempt to provide an opportunity for each of you to witness for yourself
what has happened 1 will rent the Environmental Le,arning Center Pontoon Boat
and take up to 16 people to see first- hand the sea grass die off, with comparisons
to aerial photos. If the Sunshine law precludes this, i will be pleased to take each
of you individually wi#h whomever else you choose to bring, up to 4 people, in my
personal boat. This problem is reaf folks!
I strongly urge each of you to do more in-depth research and work necessary to
make, or at least give the impression, of an informed decision. The Lagoon is the
GoosE, our locai economy the golden egg. You all are tempting fate giving lip
service to the health of the Goose.
Page 1 of 3
Sally Maio
From: Sally Maio
Sent: Wednesday, May 02, 2012 12:34 PM
To: Andrea Coy; Bob McPartlan; Don Wright; Jim Hill; Richard Gilimor
Cc: Alfred Minner; Robert Ginsburg; Jeanette Williams; 'capepond11@aol.com'
Subject: FW: A favor from Buzz Herrmann
Sent by request of Leslie (Buzz) Herrmann in regard to the fertilizer ordinance.
Sally
From: Leslie Herrmann [mailto:capepondil@aol.com]
Sent: Wednesday, May 02, 2012 12:25 PM
To: Sally Maio
Subject: A favor from Buzz Herrmann
Hi Sa11y...I am going to give the attached speech at the May 9th City Council meeting and wanted all
the Council people to have a copy.
Unfortunately I do not have all their e-mail addresses. Is it possible for you to see this on to each of the
City Council people?
Thanks so much.
Buzz Herrmann
For many reasons, I am very concerned about the degradation of the
Indian River Lagoon. The Coastal Conservation Association
states "The Indian River Lagoon, one of the most diverse estuaries in
North America to 4500 differenct species of plant and animal life, is
probably the biggest reason the Treasure Coast is in a class all it's
own. This complex natural ecosystem is the backdrop for upscale
developments and the lifeline for hundreds of businesses.
Commercial and recreational fishing and boating in the Indian River
Lagoon contribute millions of dollars each year to our local
economies. It's estimated that some $90 million dollars was spent
last year alone on recreational fishing in the lagoon with more than
100,000 boats registered in the region and 1.5 million boat trips to
and from the lagoon yearly. Additionally, there are nearly 100
resorts, fish camps, and bait and tackle shops that benefit from
recreational fishing in the lagoon. Sales tax from restaurants along
5/10/2012
Page 2 of 3
the lagoon is two to four times more than that in adjacent counties on
a per resident basis. It is blatantly obvious that our local resources
are indeed an integral part of both the character and economic
development of the Treasure Coast! Protecting our natural resources
is paramount to maintaining the quality of life along the Treasure
Coast."
The Indian River Neighborhood Association is dedicated to
preserving our quality of life, protecting our natural resources and
ensuring a sustainable economy for future generations. To
accomplish these goals, the Indian River Neighborhood Association
has a Position Statement on Fertilizer Ordinances. I quote: "We
believe that a great deal of economic activity stems from the Indian
River lagoon and that each of us has an obligation to do what needs
to be done to eliminate the pollution that has now become a threat.
We believe that each governmental unit within the county should
adopt a fertilizer ordinance that should, at a minimum, include th
following:
1. Allow the use of phosphorus in lawn fertizers ONLY after
a soil test confirms its requirements.
2. A requirement for fertilizer to contain at least 50% slow
release nitrogen.
3. A requirement for those who spread fertilizer to receive
standardized education and receive a License indicating
that they have received the necessary training.
4. That each governmental unit adopts a series of best
practices, based on DEP Guidelines, and in accordance
with Florida statutes with regard to the use of fertilizers
containing phosphorus and nitrogen.
5. That the adopted ordinance not provide exceptions for
5/10/2012
Page 3 of 3
pesticide/fertilizer mixes such as "weed and feed" products.
6. That the adopted ordinace provide penalties for violations.
We believe that this type of ordinance should be adopted as soon as
possible to minimize any further damage to the lagoon.
Our lagoon is in trouble. We can and must control the amount of
nitrogen and phosphorus that enters the lagoon.
We cannot gamble with our children's future when the river
becomes more polluted.
Due to the pollution of the river, jobs may be lost and this huge
financial impact will be felt by all Sebastian residents.
The Lagoon is responsible for 1/7 of our region's economy.
PLEASE adopt a strong fertilizer ordinance that truly will protect
our Lagoon, protect our financial future and protect the value of our
homes.
Thank you for your attention to this matter.
Buzz Herrmann
586 Redwood St.
Sebastian, Fl. 32958
5/10/2012
�W'ave-Guide: Sa�e Associates Studies Matrix
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Pa�:e 1 ut� �1
`�j(a..-�rv�:��.�. ��-f `�+���ni � J���r��
ome orum ra �n s ew earc
Reported Biological Effects From
Radiofrequency Non-Ionizing Radiation
The following studies indicate biological effects at exposure levels far
below what would be explained by "thermal effects", and well within the
range people are commonly exposed to every day.
Stud�es by Increas�ng Power Density
Power Density Reported Biological Effects References
0.1 NW/cmZ
(�.001 W/KCJ EEG brain waves are altered when exposed to cell phone signal Von Klitzing, 1995
SAR)
0.16 uW/cmZ Motor function, memory and attention of school children Kolodynski, 1996
affected (Latvia)
0.168 - 1.053 Irreversible infertility in mice after 5 generations of exposure to Ma J(a5 Ht Xef10S,
NW/Cm2 cell phone signals from antenna park 1997
0.2 - 8 NW/cmZ Two-fold increase in childhood leukemia from AM-FM exposure Hocking, 1996
1.3 - 5.7
Two-fold increase in leukemia in adults from AM RF exposure pO�k, 1997
NW/CmZ
2.4 NW/Cmz Interference with medical devices at least up to 1000 MHz )oyner, 1996
Z- 4 NW/cmz Direct effect of RFR on ion channels in cells/opening of D'Inzeo, 1988
acetycholine channels
Z Visual reaction time in children is slowed//lower memory Chian , 1989
4- 10 uW/cm function in tests 9
5- 10 NW/cmz Impaired nervous system activity Dumanski, 1974
10 N W/cm2 Significant differences in visua� reaction time and reduced Chiang, 1989
memory function
10 - 25 �W/cmZ Changes in the hippocampus of the brain Belokrinitskiy,
1982
30 �W/cmZ
�.�15 W/K Immune system effects - elevation of PFC count (antibody Veyret, 1991
� g producing cells)
SAR)
5� W CmZ An 18% redudion in REM sleep (important to memory and Mann, 1996
� � learning functions)
ht�p:;� � w������. ���a��e-�uide. ur�i 1 ibrar��l�tudies. htm l I U��? U-? U 1 1
Wave-Guide: Sage Associates Studies Matrix
100 NW/cm�
100 NW/cmZ
120 �W/cm2
Changes in immune system function
A 26% drop in insulin
A pathological change in the blood brain barner (915 MHz)
Studies by Increasing Specific Absorption Rate
Elekes, 1996
Navakatikian,
1994
Salford, 1993
SAR Reported Biological Effects References
0.000021 - Changes i� cell cycle and cell proliferation (960 MHz GSM cell phone Kwee, 1997
.0021 W/Kg signal)
Pulsed cell phone RF caused changes in blood-brain barrier that proteccs
0.0004 W/Kg brein from outside harmful chemkals and toxins (915 MHz GSM cell Salford, 1997
pho�e)
EEG brain waves are altered when exposed to cell phone slgnal at 0.1 Von KIitzing,
0.001 W/Kg �W��m1 1995
0.0317 W/Kg Decrease in eating and drinking Ray & Behari,
1990
.005 to .OS Ca�cium efflux Dutta et al,
W�K9 1989
0.14 W/Kg Elevation of immune response at 10o uw/cmz ElekeS, 1996
�. 13 - 1.4 Lymphoma cancer rate is 2.4 times normal with two �/2 hour exposures RepaChOli,
per day of cell phone exposure (pulsed digital mobile phone slgnal 900 1997
W�Kg MHz)
0.26 W/Kg Harmful effects to the eyes/ certain drugs can sensitize eyes [o RFR KUeS, 1992
0.4 W/Kg Statistically significant increase in malignant tumors at 480 NW/cm� GUY, 1984
0. S8 - 0.75 Biological effect on the development of brain tumors at 18% of standard Adey, 1996
W�Kg (836 MHz TDMA digital cell phone signal)
0.6 and 1.2 DNA single and double strand breaks from RF exposure (2450 MHz) Lai, 1995
W/Kg
Digital cell phone (836 TDMA) at very low intensities cause DNA effects
2.4 mW/Kg to in human cells. DNA effects are direct DNA damage and the rate at phillips, 1998
24 mW/Kg Which DNA is repaired. Is equal to about 800 NW/cm� power density
2-3 W/Kg Cancer acceleration in skin and breast tumors at 50 - 75% of standard Szmigielski,
1982
Standards and Background Levels
SAR Standards
0.2 W/Kg IEEE standard for whole body S/1R for general public (1/6 of an
hour)
1.6 W/Kg FCC (IEEE) SAR limit over 1 gram of [issue (cell phone to ear)
Power Standards
Density
579�W/cmz 800-900 MHz Cell Phone Signal Standard
1000NW/CfT12 PCS STANDARD for public exposure (as of September 1, 1997)
PCS STANDARD for occupational exposure (as of September
http:� /www.wave-�uide.or�/library/studies.html
IEEE
FCC, 1996
ANSI/IEEE
FCC, 1996
5
Page 2 uf 4
� �)i�U��U � 1
.
. Vlr'ave-Guide: Sage Associates Studies Matrix Page 3 of 4
5000NW/cmz 1199��
Background Levels
0.003 Ambient background RF exposure in cities and suburbs in the
NW/cm2 1990�s
1- 10 Ambient RF exposure within 100-200 feet of cell/PCS antenna
�1W/Cm2 array (or roughly 0.2 to 0.5 mW/Kg SAR in the human body')
Listing of Fuii Citations Refrenced Above
FCC, 1996
Mantiply, 1997
Sage, 1998,
unpublished
Study Description
Adey, W R., et. al., Brain tumor incidence in rats chronically exposed to digital cellular telephone fields
in an initiation-promotfon model. Bioelectromagnetics Society 18th Annual
1996. Meeting, Proceedings, Abstract A-7-3.
Belokrinitskiy, VS., "Destrudive and reparaUve processes In hippocampus with long-term exposure to
nonionizing radiatYon." In U.S.S.R. Report, Effeds of Nonlonfzing Microwave
1982. Radiation, No. 7, JPRS 81865, pp. 15-20.
Chiang, H., et. al., Health effects of environmental electromagnetic fields. Journal of Bioelectricity, 8:
1989 iz�-isi
ChOU, CK., & GUY, Long-term low level microwave irradiation of rats. Bioelectormagnetics 13:469-
AW., 1992. a96
D�Inzeo, G., et. al., Microwave effects on acetycholine-induced channels in cultured chick myotubes.
1988 eioelectromagnetics 9; 363-372.
Dolk, H., et. al., Cancer incidence near radio and television transmitters in Great Britain. Am J
1997. Epidemiology 145(1) P 1-9 Jan 1997.
"The Biological Action and Hygenic Significance of Elecromagnetic Fields of
Dumanski, ).D., and Superhigh and Ultrahigh frequencies in Densely Pop�lated Areas," from Biological
Shandala, M.G., Effects and Health Hazards of Microwave Radiation. Proceedings of an
1974 International Symposium, Warsaw 15-18 October, 1973, Polish Medical
Publishers, Warsaw, 1974.
Dutta, SK., et. al., Radiofrequency radiation-induced calcium ion efflux enhancement from human
1989 and other neuroblastoma cells in culture. Bioelectromagnetics 10: 197-202.
Elekes, E., 199fi. Effect on the immune system of mice exposed chronically [0 50 Hz amplitude-
modulated 2.45 GHz microwaves. 8ioelectromagnetics 17:246-8.
Hocking, B., et. al., Cancer incidence and mortality and proximity to N towers Med J Aust 165(11-12)
1996. P. 601-5 Dec 2-16, 1996.
)Oyflef, K., et. al., Mobile telephones interfere with medical eledrical equipment. Australas Phys Eng
1996. sc� Med 1994 Mar. 17(1). P 23-7.
Kolodynski, AA.,
Kolod nska VV, Motor and psychological functions of school children living in the area of the
y Skrunda radio location station in Latvia. Sci Total Environ 1996;180:87-93
1996.
KUeS, HA., 1992. Increased sensitivity of the non-human prlmate eye to radiation following
opthalmic drug pre[reatment. Bioelectromagnetics 13:379-93.
The biological effects of microwave radiation. Abstract in Proceedings of the
Kwee 1997 Second World Con9ress for Electricity and Magnetism in Biology and Medicine,
� Bologna, IWIy, June 1997.
"Experimental studies of brain tumor development during exposure to continuous
L. Salford (1993) and pulsed 915 MHz radio frequency radiation," in Bioelectrochemistry and
Bioenergetics, Vol. 30: pg. 313-318.
"Low-Frequency pulsed electromagnetic fields influence EEG of man." Physica
L. Von Klitzing Medica, Vol. 11, No. 2, pps 17-80, April-June 1995.
Lai, H., and Singh, Acu[e low nitensity rnlcrowave exposure increases UNA sinyle strand breaks in rat
http://www.wave-guide.org/library/studies.html
1 U/2U/201 1
Wave-Guide: Sage Associates Studies Matrix
NP. 1995. brain celis, Bioelectromagnetics 1995;16:207-10.
Lai,' H., & Singh, NP., Single and double strand DNA breaks in rat brain cells after acute exposure to
1996. radiofrequency electromagnetic radiation. Int J Radiat Biol 1996;69:513-21.
M.A. Navakatikian ^phasic Behavioral and Endocrine Effects of Microwaves of Nonthermal Intensity,"
alld L.A. by Carpenter DO and Ayrapetyan S, editors. Biological Effects of Electric and
Tomashevskaya Magnetic Fields. Volume 1, published by Academic Press
Magras, IN., & RF Radiation-induced changes in the prenatal development of mice.
Zef10S, TD., 1997. Bioelectromagnetics 18:455-461.
M�nn, K., et. al., Effects of pulsed high-frequency electromagnetic fields on human sleep.
1996. Neuropsychobiology 1996;33:41-7.
PhIIIIpS, )., et. al., DNA damage in molt-4 lymphoblastoid cells exposed to cellular telephone
19c38, radiofrequency fields in vitro. Bioelectrochemistry and Bioenergetics 45:103-110.
Ray, S., & Behari, J., Physiological changes in rats after exposure to low levels of microwaves. Radiat
1990. Res 123: 190-202
Repacholi, M., et. al., Lymphomas in Eu-Piml transgenk mice exposed to pulsed 900 MHz
1997, eledromagnetic fields. Radiat Res. 1997; 147:31-40.
Blood brai� barrier permeability in rats exposed to electromagnetic fields from a
Salford, 1997 GSM wireless communication transmitter. Abstrad in Proceedings of the Second
World Congress for Electricity and Magnetism in Biology and Medicine, Bologna,
Italy, June 1997.
Salford, LG., et. al., Permeability of the blood brain barrier induced by 915 MHz electromagnetic
radiation;continuous wave and modulated at 8, 16, 50 and 200 Hz.
1993. Bioelectrochem eioenerg 1993;30:293-301.
Szmigielski, S., et. Accelerated development of spontaneous and benzpyrene-induced skin cancer in
dl. 1982. mice exposed to 2350 MHz microwave radiation. Bioelectromagnetics 3: 179-192.
SZft11 jlel5kl, S., 2t. Cancer morbidity in subjects occupationally exposed to high frequency
(radiofrequency and microwave) electromagnetic radiation. Sci Total Environ
al., 19H2. 1996; iso:9-i�
Veyret, B., et. al., "Antibody responses of mice exposed [o low-power microwaves under combined,
1991. pulse and amplitude modulation," Bioelectromagnetics 12: P 47-56.
Studies Matrix compiled by of
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Page 4 of 4,
http:/!www.wave-�uide.or�/library/studies.html 10/20/201 1