HomeMy WebLinkAbout03262014 Agenda PacketHOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, MARCH 26, 2014 —6:30 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK
1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE
Procedures for Public Input are Attached to the Back of the Agenda
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE - Led by Mayor McPartlan
4. ROLL CALL
5. AGENDA MODIFICATIONS
Modifications and additions require unanimous vote of City Council members
6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS
Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff.
No public input or action under this heading.
14.060 A. Proclamation - Mayor's National Day of Recognition - Accepted by Jenna
5 Stinnett- AmeriCorps Reads Program Director and Gerald Roden, Volunteer
Florida Commissioner
14.061 B. Proclamation - March for Meals - Senior Resources Association - Accepted by
6 Laura Roberts, Director of Nutrition Services
14.062 C. Proclamation - American Red Cross Month - Accepted by Sarah Ruwe, Chief
7 Executive Officer, Red Cross North Treasure Coast Chapter
14.063 D. Proclamation - Women's History Month - Accepted by Dionna Farmer, GFWC
s Sebastian Junior Woman's Club
14.064 E. Proclamation - Lauren's Kids -Walk In My Shoes 2014
s
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 unless a member 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 should 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.
10-21 A. Approval of Minutes - March 12, 2014 Regular Meeting
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8. COMMITTEE REPORTS & APPOINTMENTS
City committee reports and Council Member regional committee reports. No public input or action except for City
committee member nomina tions and appointments under this heading.
22-32 A. Planning and Zoning Commission (Transmittal, Applications for Two Current
Members, Press Release, List)
i. Fill One Regular Member Position to Expire April 1, 2017
ii. Fill One Regular Member Position to Expire May 1, 2017
9. PUBLIC HEARINGS
14.050 A. Second Reading and Public Hearing - Ordinance No. 0-14-02 -Amending
33 -406 Fertilizer Code Section 50-0 (Transmittal, 0-14-02, Document List)
Procedures for legisla tive public hearings:
Mayor opens hearing
Attorney reads ordinance or resolution
Staff presentation
Public Input (Anyone wishing to speak is asked to raise hand and when called, go to the podium
and state name for the record.
Staff summation
Mayor closes hearing
Council deliberation and action
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 AN AMENDMENT TO SECTION 50-5 "FLORIDA -
FRIENDLY FERTILIZER USE" BY AMENDING THE "PROHIBITED APPLICATION PERIOD" TO PROHIBIT
THE APPLICATION OF CERTAIN FERTILIZER BETWEEN JUNE 1 AND SEPTEMBER 30 AND BY
AMENDING SECTION 50-5 (h) REGULATING FERTILIZER CONTENT AND APPLICATION RATES;
PROVIDING EXEMPTIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
14.065 B. Quasi Judicial Public Hearing - Resolution No. R-14-06 Regarding a Special
1071125 Exception to Section 54-2-5.6(c ) of the Land Development Code to Allow a
Pawn Shop as a Conditional Use within the Industrial Zoning District, Specificall
for a Property Located at 137 Sebastian Boulevard (Transmittal, R-14-06, Staff
Report, P & Z Minutes, Application)
Procedures for Quasi - Judicial Public Hearing:
Mayor opens hearing
Attorney reads ordinance or resolution
City Council Members disclose ex-parte communication
City Clerk swears in all who intend to provide testimony
Staff presents findings and analysis
Applicant makes presentation
Council asks questions of the applicant and staff
Mayor opens the floor for anyone in favor of the request (anyone presenting factual information
shall be swom but anyone merely advocating approval need not be swom in)
Mayor opens the floor for anyone opposing the request
Applicant provided opportunity to respond to issues raised by staff or public
Staff provided opportunity to summarize request
City Council deliberation and questions
Mayor calls for a motion
City Council Action
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A
SPECIAL EXCEPTION FOR A PAWN SHOP AS A CONDITIONAL USE WITHIN THE INDUSTRIAL
ZONING DISTRICT, SPECIFICALLY FOR A PROPERTY LOCATED AT 137 SEBASTIAN BOULEVARD;
PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR AN EFFECTIVE DATE.
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10. UNFINISHED BUSINESS
14.018 A. All Aboard Florida Discussion - Direct Staff to Follow Up on Council
1261153 Recommendations (Transmittal, Delaney Email, Proposed City Resolution,
Quiet Zone Pictures)
11. PUBLIC INPUT
New information or requests to city council not otherwise on the prepared agenda
12. NEW BUSINESS
14.066 A. Resolution No. R-1 4-07 - Amending R-1 3 25 Financial Policies Renaming
1541455 General Fund Operating Surplus Equipment Replacement Reserve to "Capital
Asset Renewal and Replacement Reserve" (Transmittal, R-14-07)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AMENDING
FINANCIAL POLICIES ADOPTED BY RESOLUTION R-13-25 TO RENAME THE EQUIPMENT
REPLACEMENT RESERVE TO CAPITAL RENEWAL AND REPLACEMENT RESERVE; DIRECTING
THAT THE GENERAL FUND OPERATING SURPLUS BE ASSIGNED THERETO; AUTHORIZING THE
CITY MANAGER TO USE SUCH FUNDS IN CERTAIN INSTANCES SUBJECT TO CITY CODE SECTION
2-10; PROVIDING FOR REPORTING THE USE OF SUCH FUNDS; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
14.067 B. Facility Use Agreement Renewal Between City and Indian River State College
1561161 (Transmittal, Sullivan & ICM Email, 4/19/13 Letter)
13. CITY ATTORNEY MATTERS
14. CITY MANAGER MATTERS
15. CITY CLERK MATTERS
16. CITY COUNCIL MATTERS
A.
Mayor McPartlan
B.
Vice Mayor Hill
C.
Council Member Adams
D.
Council Member Coy
E.
Council Member Gillmor
17. ADJOURN (All meetings shall adjourn at 10 :00 p.m. unless extended for up to one half hour by a majority
vote of City Council)
HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL
GOVERNMENT MEETINGS.
All City Council Meetings are Aired Live on Comcast Channel 25.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS MEETING 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 THE APPEAL IS TO BE HEARD. (F.S.286.0105)
IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL
ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589 -5330 AT
LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
Future Council Meeting Dates:
419114 Board of Adjustment Meeting 6 pm
419114 Regular City Council Meeting 6 :30 pm
4123114 Regular City Council Meeting 6 :30 pm
5114114 Regular City Council Meeting 6 :30 pm
5128114 Regular City Council Meeting 6 :30 pm
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PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-13-18
Regular City Council Meetings
Public input is ALLOWED under the headings:
• Consent Agenda
• Public Hearings
• Unfinished Business
• New Business
✓ Public Input
Public input is NOT ALLOWED under the headinqs:
• Proclamations, Awards, Brief Announcements (except for individuals giving or accepting
proclamations or awards);
• Committee Reports and Appointments (except for committee members giving reports and
applicants being interviewed for committee appointments);
✓ City Council Matters
✓ Charter Officer Matters
Council may, by majority vote, call upon an individual to provide input if desired.
Workshops and Special Meetings.
Public input is limited to the item on the agenda
Time Limit
Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however,
City Council may extend or terminate an individual's time by majority vote of Council members
present.
Input Directed to Chair
Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL
DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR,
unless answering a question of a member of City Council or City staff. Individuals shall not
address City Council after commencement of City Council deliberation on an agenda item after
public input has concluded, provided, however, the Mayor and members of City Council may
recall an individual to provide additional information or to answer questions.
Certain Remarks Prohibited
Personal, impertinent, and slanderous remarks, political campaigning and applauding are not
permitted and may result in expulsion from the meeting. The Chair shall make determinations on
such remarks, subject to the repeal provisions below.
Appealing Decisions of Chair
Any member of Council may appeal the decision of the Chair to the entire Council. A majority
vote of City Council shall overrule any decision of the Chair.
Public Input Heading on Agenda
The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to
bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE
PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to
meetings. Individuals are asked to provide copies of material for Council one week prior to the
meeting if they intend to refer to specific material. City Council will not debate an issue during
Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or
place a requested item on a future agenda.
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PROCLAMATION
Mayors Day of Recognition for National Service
WHEREAS, service to others is a hallmark of the American character, and central to how we meet
our challenges; and
WHEREAS, the nation's mayors are increasingly turning to national service and volunteerism as a
cost - effective strategy to meet city needs; and,
WHEREAS, AmeriCorps and Senior Corps address the most pressing challenges facing our cities
and nation, from educating students for the jobs of the 21st century and supporting veterans and military
families to preserving the environment and helping communities recover from natural disasters; and
WHEREAS, national service expands economic opportunity by creating more sustainable, resilient
communities and providing education, career skills, and leadership abilities for those who serve; and
participants serve in more than 70,000 locations across the country, bolstering the civic, neighborhood, and
faith -based organizations that are so vital to our economic and social well- being; and
WHEREAS, national service participants increase the impact of the organizations they serve with,
both through their direct service and by recruiting and managing millions of additional volunteers; and
national service represents a unique public - private partnership that invests in community solutions and
leverages non - federal resources to strengthen community impact and increase the return on taxpayer
dollars; and,
WHEREAS, AmeriCorps members and Senior Corps volunteers demonstrate commitment,
dedication, and patriotism by making an intensive commitment to service, a commitment that remains with
them in their future endeavors; and
WHEREAS, the Corporation for National and Community Service shares a priority with mayors
nationwide to engage citizens, improve lives, and strengthen communities; and is joining with mayors
across the country to support the Mayors Day of Recognition for National Service on April 9, 2013.
NOW, THEREFORE, by virtue of the authority vested in me as Mayor of the City of Sebastian,
Florida, and on behalf of the Sebastian City Council, do hereby proclaim April 9, 2013, as National Service
Recognition Day, and encourage residents to recognize the positive impact of national service in our city,
to thank those who serve; and to find ways to give back to their communities
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Sebastian
to be affixed this 26th day of March 2014.
City of Sebastian, Florida
Mayor
l LI 0610
PROCLAMATION
March for Meals Month
WHEREAS, on March 22, 1972, President Richard Nixon signed into law a measure that amended
the Older Americans Act of 1965 and established a national nutrition program for seniors 60 years and older;
WHEREAS, the Meals On Wheels Association of America established the National March for Meals
Campaign in March 2002 to recognize the historic month, the importance of Older Americans Act Senior
Nutrition Programs and raise awareness about senior hunger in America;
WHEREAS, the 2014 observance of the March for Meals campaign provides an opportunity to
support Senior Nutrition Programs that deliver vital and critical services by donating, volunteering and raising
awareness about senior hunger; and which have served our communities admirably for more than 40 years;
and
WHEREAS, volunteer drivers for Meals on Wheels programs in Florida are the backbone of the
program and they not only deliver nutritious meals to homebound seniors and individuals with disabilities, but
also caring concern and attention to their welfare; and provide nutritious meals to seniors throughout the
State and help them to avoid premature or unnecessary hospitalization and institutionalization;
WHEREAS, Senior Nutrition Programs in Florida provide a powerful socialization opportunity for
millions of seniors to help combat loneliness and isolation;
WHEREAS, The Senior Nutrition Program locally provided by the Senior Resource Association and
programs throughout Florida, deserve recognition for the contributions they have made and will continue to
make to local communities, our State and our Nation; and
NOW, THEREFORE, by virtue of the authority vested in me as Mayor of the City of Sebastian,
Florida, and on behalf of the Sebastian City Council, do hereby honor our local Senior Nutrition
Program /Meals on Wheels by the Senior Resource Association, the seniors they serve and the volunteers
who care for them. Our recognition of and involvement in the national 2014 March for Meals campaign can
enrich our entire community and help end senior hunger in America —so no senior goes hungry®.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Sebastian
to be affixed this 26th day of March, 2014.
City of Sebastian, Florida
Mayor
/4/661
MY OF
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HOME OF PELICAN ISLAND
PROCLAMATION
AMERICAN RED CROSS MONTH — MARCH 2014
WHEREAS, on the bloodied battlefields of the Civil War, Clara Barton risked her life to aid the
wounded, raise spirits, and deliver dearly needed medical supplies, and then went on to found the
American Red Cross in 1881, which would carry forward her legacy of compassion; and
WHEREAS, since then, service and relief organizations have demonstrated time and time again that
amid the greatest hardships, all of us can unite in shared commitment to helping our fellow human beings;
and
WHEREAS, during American Red Cross Month, we honor those who devote themselves to bringing
relief where there is suffering, inspiring hope where there is despair, and healing the wounds of natural
disasters and war; and
WHEREAS, American Red Cross workers, alongside countless humanitarian organizations and
caring volunteers, deliver life- saving assistance in every corner of our Nation and all across the globe; and
WHEREAS, even during the darkness of storm, we see what is brightest in America -- the drive to
shield our neighbors from danger, to roll up our sleeves in times of crisis, to respond as one Nation and
leave no one behind. This month, as we honor our incredible relief and service organizations, let us also
celebrate that uniquely American spirit that calls us, across all lines of background and belief, to set aside
smaller differences in service of a greater purpose.
NOW, THEREFORE, by virtue of the authority vested in me as Mayor of the City of Sebastian,
Florida, and on behalf of the Sebastian City Council, do hereby do hereby proclaim March 2014 as
American Red Cross Month and encourage citizens of Sebastian to observe this month by supporting the
work of the Red Cross.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Sebastian
to be affixed this 26'h day of March, 2014.
City of Sebastian, Florida
Bob McPartlan, Mayor
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HOME OF PELICAN ISLAND
PROCLAMATION
WOMEN'S HISTORY MONTH - MARCH 2014
WHEREAS, throughout our Nation's history, American women have led movements for social and
economic justice, made groundbreaking scientific discoveries, enriched our culture with stunning works of
art and literature, and charted bold directions in our foreign policy. They have served our country with valor,
from the battlefields of the Revolutionary War to the deserts of Iraq and mountains of Afghanistan. During
Women's History Month, we recognize the victories, struggles, and stories of the women who have made
our country what it is today; and
WHEREAS, we are reminded that even in America, freedom and justice have never come easily. As
part of a centuries -old and ever - evolving movement, countless women have put their shoulder to the wheel
of progress and together have pushed our Nation toward equality, liberation, and acceptance of women's
rights -- not only to choose their own destinies -- but also to shape the futures of peoples and nations; and
WHEREAS, through the grit and sacrifice of generations, American women and girls have gained
greater opportunities and more representation than ever before, yet they continue to face workplace
discrimination, a higher risk of sexual assault, and an earnings gap that will cost the average woman
hundreds of thousands of dollars over the course of her working lifetime; and
WHEREAS, as women fight for their seats at the head of the table, steps are being taken to help
women achieve those levels of equality they so desperately seek, and as we honor the many women who
have shaped our history, let us also celebrate those who make progress in our time and remember, that
when women succeed, America succeeds.
NOW, THEREFORE, by virtue of the authority vested in me as Mayor of the City of Sebastian,
Florida, and on behalf of the Sebastian City Council, do hereby proclaim March 2014 as Women's History
Month and call upon all citizens of Sebastian honor the efforts of women throughout history who have left
enduring footprints on our history.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Sebastian
to be affixed this 26`h day of March, 2014.
City of Sebastian, Florida
Bob McPartlan, Mayor
14.063
am cf
HOME OF PELICAN ISLAND
PROCLAMATION
LAUREN'S KIDS
WALK IN MY SHOES
WHEREAS, Lauren Book, founder of Lauren's Kids, was a victim of childhood sexual abuse for six
years at the hands of her nanny and armed with the knowledge that 95 percent of sexual abuse is
preventable through education, Lauren sought to turn her experience into a vehicle to prevent childhood
sexual abuse and heal survivors; and
WHEREAS, Lauren walks 1,500 -miles throughout Florida over 42 days during March and April,
National Child Abuse Prevention Month and National Sexual Assault Awareness Month, in honor of the 42
million survivors of child sexual abuse in the U.S.; and
WHEREAS, 2014 marks the fifth anniversary of Lauren Book's 1,500 -mile Walk in My Shoes walk
across the state of Florida; and
WHEREAS, over the past five years, tens of thousands of Floridians, including thousands of
survivors, have come out to walk with Lauren and show their support for her mission to end child sexual
abuse and help survivors heal. Walk in My Shoes has given voice to an experience shared by 1 in 3 girls
and 1 in 5 boys in the U.S., and Lauren's statewide legislative advocacy has helped pass more than a
dozen Florida laws over the past five years; and
WHEREAS, Lauren's organization educates adults and children about sexual abuse topics through
an in school curriculum, a 24 -hour Crisis Hotline and speaking engagements around the country. The
organization also provides more than 4.5 million educational and awareness materials statewide through
direct mail every year. The ultimate goal is to prevent sexual abuse through awareness and education, and
to help survivors heal with guidance and support.
NOW, THEREFORE, by virtue of the authority vested in me as Mayor of the City of Sebastian,
Florida, and on behalf of the Sebastian City Council, do hereby welcome Lauren Book on her Walk In My
Shoes journey through Florida, visiting Indian River County on March 27 and 28, 2014 and urge all citizens
to become aware of the prevalence of sexual abuse that an overwhelming number of children face every
day and strive through education to end it in our lifetime.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Sebastian
to be affixed this 26th day of March, 2014.
City of Sebastian, Florida
Bob McPartlan, Mayor
/ 06q-
CiYCT
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, MARCH 12, 2014 -6:30 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor McPartlan called the Regular City Council Meeting to order at 6:36 P.M.
2. Invocation was given by Reverend Dave Newhart, St. Elizabeth's Episcopal Church.
3. The Pledge of Allegiance was led by Johnny Giordano of Boy Scout Troop 500.
4. ROLL CALL
City Council Present:
Mayor Bob McPartlan
Vice Mayor Jim Hill
Council Member Jerome Adams
Council Member Andrea Coy
Council Member Richard Gillmor
City Staff Present:
Interim City Manager, Joe Griffin
City Attorney, Robert Ginsburg
City Clerk, Sally Maio
Finance Director, Ken Killgore
Police Chief, Michelle Morris
Senior Planner, Jan King
MIS Systems Analyst, Barbara Brooke -Reese
5. AGENDA MODIFICATIONS
None.
6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS
Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff.
No public input or action under this heading.
14.051 A. Rehman, Robson - City Auditors - Presentation of Fiscal Year 2013
Comprehensive Annual Financial Report (CAFR) and Annual City Audit by City
Auditors, Margo Lind, Senior Manager, Rehmann Robson (Administrative
Services Transmittal, RR Letter, CAFR Under Separate Cover)
Margo Lind, Rehman, Robson, gave a brief presentation on the City of Sebastian FY
2013 CAFR, noting that the auditors gave a clean opinion, with only one comment which
was that the FS 60 day filing for the 4`" quarter budget amendment was missed by ten
days. She said that Administrative /Finance staff does a fantastic job. Council thanked
them for their presentation.
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March 12, 2014
Page Two
B. Brief Announcements
i. 3/15/14 - Pelican Island Wildlife Festival in Riverview Park - 10 am to 4 pm
ii. 3/19/14 - IRC Utilities Department Public Workshop in City Chambers -
North County Sewer -6 pm
iii. 3/22/14 - Sebastian River Art Club Show in Riverview Park - 10 am to 4 pm
Mayor McPartlan read the above announcements.
Ms. Coy warned that a group called "Veterans Support Organization" showed up at area
businesses collecting money, are the worst of worst to give your money to, and are
being investigated. She said the CEO lives in Stuart and makes $250K per year, and
that last year they collected over $8M and only gave approximately $300K in grants to
veterans.
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 unless a member 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 should 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. Approval of Minutes - February 26, 2014 Regular Meeting
14.010 B. Approve and Authorize Mayor to Execute Certificate of Acceptance of FDLE /JAG
Grant Contract No. 2014 JAGD -INRI 2f6 -092 in the Amount of $3,878 (PD
Transmittal, FDLE Letter 2/17/14, Certificate of Acceptance)
14.052 C. Purchase Stormwater Equipment for Airport Utilizing Approved FDOT 80/20
Grant and FY 14 CIP Stormwater Budgeted Funds as Follows:
1. Award City Bid 13-17 for Bobcat Toolcat 560OF to Low Bidder Bobcat of
Orlando in the Amount of $48,396
2. Purchase John Deere 6115M Cab Tractor from Everglades Farm Equipment, Inc.
in the Amount of $73,901.88 Under State of Florida Contract #760-000-10-1
3. Purchase John Deere 997 Mower from Everglades Farm Equipment, Inc. in
the Amount of $15,378.44 Under State of Florida Contract #760-000-10-1
(Transmittal, Purchase Approval Email from FDOT, COS Bid 13 -17 Results, FL
E- Procurement Service 760 - 000 -1011, Vendor Quotes)
MOTION by Mr. Hill and SECOND by Ms. Coy to approve the consent agenda.
Roll Call: Ayes: Gillmor, McPartlan, Hill, Adams, Coy Nays: None Passed: 5-0
8. COMMITTEE REPORTS & APPOINTMENTS
City committee reports and Council Member regional committee reports. No public input or action except for City
committee member nominations and appointments under this heading.
Mayor McPartlan reported on the MPO meeting he and Ms. Coy attended, noting that a
2014 FDOT City and Highway Rankings Traffic Safety report shows Sebastian with the
2nd lowest number of fatalities from traffic accidents, and reported on the Environmental
Impact Study (EIS) for the planned All Aboard FL passenger high speed trains coming
up the east coast. He said they were advised we need to be aware and participate in the
process.
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Page Three
Ms. Coy suggested an agenda item to talk about the ways we can prepare for this, due
to our historical buildings and districts, said the EIS is where you mitigate for any
damage that may occur and if we need to have input. He said communities up and
down the rail should be uniting in this activity and that we need to identify our needs.
Mayor McPartlan said this will be added as a regular agenda item for MPO going
forward, and noted the gentleman who gave the presentation said we should partner
with other communities and counties along the way.
9. PUBLIC HEARINGS
14.053 A. Resolution No. R-14-02 - Special Use Permit to Allow Sebastian Christian
Church Columbarium (CDD Transmittal, R -14 -02, Staff Report, P & Z Minutes,
Application, Site Plan, Building Elevations)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
APPROVING A SPECIAL USE PERMIT FOR A COLUMBARIUM IN THE PUBLIC SERVICE
ZONING DISTRICT, SPECIFICALLY FOR THE SEBASTIAN CHRISTIAN CHURCH PROPERTY
LOCATED AT 190 DAY DRIVE; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR
EFFECTIVE DATE.
Mayor McPartlan opened the quasi-judicial hearing at 6:50 p.m. and the City Attorney
read Resolution No. R-14-02 by title. No ex -parte communication was disclosed. The
City Clerk swore in all those who intended to offer testimony.
Senior Planner, Jan King, presented staff findings and analysis for the columbarium,
which, because it is not addressed in the code, requires a special use permit, cited
Planning and Zoning Commission approval of the site plan in three phases, that the
columbarium is a part of the planned memorial chapel, and P & Z, at its hearing on the
columbarium in February, had approved on a vote of 6-1 and recommend approval by
City Council.
Amy Banoff, Banoff Architects, on behalf of Sebastian Christian Church, gave a brief
presentation on the planned accessory structure chapel, which is 100 feet from property
lines, and includes a columbarium which will hold niches for cremains, and is not a
mausoleum or cemetery and will not be visible from any adjacent streets or property.
She noted that many churches in Indian River County have columbariums and they are
exempted from regulations by FS 497.260. She requested approval.
Mayor McPartlan called for public in favor and opposed and there was no input
requested. The Senior Planner again requested approval of the request.
Mr. Adams asked if anyone from the church was present.
Scott Taylor, member of the Church since it opened in 1997, said he represented
Church leadership and they fully support the memorial chapel including the
columbarium, noting many of them have loved ones' cremains.
MOTION by Mr. Gillmor and SECOND by Ms. Coy to approve Resolution No. R-1 4-02.
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Page Three
Mr. Adams asked if there had been any communications with residents in the area and
what their feelings were. Ms. King said they sent hearing letters out and there were no
responses.
Mr. Adams said he had concerns due to proximity to schools and residences, and traffic
from people visiting their loved ones resting places.
The Interim City Manager said there is an adjacent school but it is on the opposite side
of the property from the memorial chapel. He said School Board member and liaison to
Planning and Zoning, Dale Simchick, brought up some issues, and the site plan showed
no problem. He said during construction, steps will be taken to protect school children.
Ms. King said the Banoffs were also key players in the construction of the Sebastian
Charter Junior High School addition on Wave Street, and they were able to keep the
school open during that time. She said Ms. Simchick had expressed concern about bus
traffic, but there will be no additional impact to the site; noting the chapel is next to a wet
retention pond.
Ms. Coy said this property is much larger than the Wave Street site, and Mr. Adams said
he still has concerns. Mayor McPartlan asked what impact there is on traffic at the
Sebastian cemetery.
Roll Call: Ayes: McPartlan, Hill, Coy, Gillmor Nays: Adams Passed: 4-1
10. UNFINISHED BUSINESS
14.045 A. Presentation by Robert Bolton, Vero Beach Water and Sewer Director -
Modified /Combined Septic Tank Effluent Pump (STEP) Systems - Resolution No.
R-1 4-03 (Transmittal, Talkirm Points, R -14 -03, PP Under Separate Cover)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
EXPRESSING SUPPORT FOR A LEGISLATIVE AMENDMENT TO FLORIDA STATUTE
SECTION 381.0065, ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS
REGULATION, TO FACILITATE THE USE OF MODIFIED /COMBINED SEPTIC TANK
EFFLUENT PUMP (STEP) SYSTEMS, ALLOWING FOR AN AFFORDABLE MODIFICATION TO
SEPTIC TANKS THEREBY REDUCING SEPTIC TANK EFFLUENT REACHING THE
GROUNDWATER AND REDUCING NUTRIENT LOADINGS TO THE INDIAN RIVER LAGOON;
FURTHER PROVIDING CONSISTENCY AND CLARIFICATION BETWEEN EXISTING SEPTIC
TANK REGULATIONS PROMULGATED BY THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION AND THE FLORIDA DEPARTMENT OF HEALTH; URGING
THE FLORIDA LEGISLATURE TO ADOPT SUCH LEGISLATION AND GOVERNOR RICK SCOTT
TO SUPPORT AND APPROVE SUCH LEGISLATION; PROVIDING FOR AN EFFECTIVE DATE.
Robert Bolton gave a Power Point presentation on the STEP system (see attached).
A few key points were that Sebastian has 8000 septic systems, to use this system FS
Section 381.0065 has to be amended; that Representative Mayfield and Senator Altman
have crafted bills (SB 1306 and HB 1055), and if passed, Vero Beach will enter into an
agreement with that State that they will allow residents to connect when they have septic
failure but provide a sunset date. He outlined the costs involved including a mandatory
assessment for a 2" pressure line at $600 payable over 20 years, and briefly cited a DEP
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Page Five
and DOH conflict which is being worked out. He said Vero Beach had passed a
resolution requesting statute amendment as have other agencies.
Ms. Coy said she understands the need in Vero Beach because of the huge trees and
root systems, that Sebastian is not looking at this right now but it can be a tool in the
toolbox and if Vero needs the tool she has no problem supporting it.
Mr. Bolton said this type of system is best geared to existing residential areas with septic
and may be a better cost benefit in the future.
Mr. Gillmor cited his property in the Keys where a vacuum sewer system was installed
and was quite a mess during construction, can see the benefits of this type of system
and questioned the costs cited. Mr. Bolton said he tends to go a little higher on his
estimates but it may end up being less money. Council thanked him for his presentation.
The City Attorney read Resolution No. R-14-03 by title.
MOTION by Mr. Adams and SECOND by Ms. Coy to approve Resolution No. R-14-03.
Roll Call: Ayes: Hill, Adams, Coy, Gillmor, McPartlan Nays: None Passed: 5-0
14.054 B. Authorize Mayor to Execute Lease Between City and Crab E Bill as Approved by
City Council on November 13, 2013 and Approved bV FCT Legal Counsel (ICM
Transmittal, Lease, FDEP Letter, Correspondence ICM and FCT)
The Interim City Manager explained that Council had approved the lease on November
13, 2013 contingent upon FCT approval, it was forwarded to FCT and has been returned
approved by FCT legal counsel as to form and legality, and now FCT wants the Mayor,
City and tenant to execute and send it back for FCT Director final approval.
MOTION by Mr. Hill and SECOND by Mr. Gillmor to execute the lease.
Ben Hocker, Sebastian, expressed concern about the lease being put into the hands of a
profit producing company, said he went through packets and could not find exhibits A, B
and C, said we have gone through a lawsuit for having alcohol and using waiters, he
visited CrabE Bills and they are serving lunch, a party brings the food to the table, and
they are consuming beer and wine in the bar and tables, and asked if we are stepping
back into another problem. He said we should put today's date on the lease not
November 13th and said we are being asked to reach into our pockets again by taking
responsibility for the full exterior of the property and for utilities and we have
accomplished nothing except taking money from citizens for a fish market. He urged
them to look at the liquor because we are putting in a museum, and now we are back
with liquor at the bar and you have given him total control of the building.
The Interim City Manager said there is beer and wine, said he had a call from FCT the
other day and was told they had received a call from Mr. Hocker with a number of
complaints. He said he was confused that we have a private citizen who perceives that
we have something going on that might be outside of the box, but doesn't call him. He
advised that last April we split those leases with the non -profit back to us so the City
takes control of the retail portion of the project, and that lease calls for an eatery and
when we accepted those leases we accepted the 2011 leases for CrabE Bills and Indian
River Seafood which calls for an eatery and beer and wine, and he did not think it is out
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Page Six
of the box nor is there any illegal parking going on. He said when visited he bussed his
own table, but perhaps when they call someone's name and they don't appear they
deliver. He said that one thing that impresses him about Sebastian is its volunteerism,
and no one is in it for any pecuniary interest but they are in it for a give back to the
community, and was confused that if Mr. Hocker was really interested in making it right
he could call him and he will get it fixed. He said he thinks it is a fabulous operation; and
in response to Mr. Gillmor, he said they do not have waitresses but do have a bus
person.
Mr. Gillmor said the old Hurricane Harbor building is for profit and the fish house is not
for profit, and commended Mr. Griffin for putting this together the proper way. He said we
need to move on and if someone has a concern they can call the Interim City Manager
or a member of Council.
The Interim City Manager said the museum is moving forward and there are individuals
engaged in an altruistic fashion and it is really a community involvement, that survey
crews are down there for the fish house construction and it is a work in progress. He
said he did not think it was in anyone's best interest to hire a monitor to monitor every
nuance in that building, he sees what is going on down there and we are operating
within confines.
Roll Call: Ayes: Adams, Coy, Gillmor, McPartlan, Hill Nays: None Passed: 5-0
11. PUBLIC INPUT
New information or requests to City Council not otherwise on the prepared agenda
Jerry Deredita, recently retained by and representing the 501 c3 Solar Energy Loan
Fund, gave an update on progress of the SELF program, and respectfully asked for their
continued assistance in getting the word out to Sebastian residents and contractors. He
gave the web address www.solarenergVloanfund.org and phone number (772) 971 -8053
and said they would be at the Pelican Island Festival. In response to Mayor McPartlan,
Mr. Deredita said there has not been much participation by Sebastian and that is why he
is involved.
Ms. Coy reiterated that this is a low interest loan fund which can help homeowners
improve the energy efficiency of their houses.
John Apo, 732 Dixie Terrace, Sebastian, said he had another tool for the tool box and
provided the Clerk with a CD to share with Council with information on a modification to
septic systems by installing an aero -vent modification without hooking up to sewer
system and comes in three relatively low costs. He said this is complementary to what
Mr. Bolton showed, the system will never fail, is available and can be installed now, but
he would ask that if he or someone else would install this now they would not be forced
to hook up to a gravity system. He recommended they look at the performance data
which has been tested by Purdue and Michigan State University and approved by DOH
of Florida two years ago. He said he could come back before Council after April 1 sc if
they wanted to hear more about it. Mayor McPartlan suggested he get Mr. Griffin's
business card.
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Regular City Council Meeting
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Page Seven
Phyllis Frey, Date Palm Drive, Vero Beach, said if anyone believed that because we are
told by Michael Busha, who, she said, is a shill for big developers, that Seven 50 is going
to go away because there was a three year expiration date on the Consortium
Partnership Agreement signed by the City of Sebastian, she would suggest they find a
tooth to put under their pillow tonight and let her know how that works out. She said
Michael Busha and Seven 50 Project Leaders Victor Dover and Marcela Camblor-
Cutsaimanis are officials of the Chicago based Congress of the New Urbanism, another
word for upward sprawl, and Architect Andre Duany, Seven 50 Project Leader, is a
founder and it is here that they have been doing business with HUD and DOT cronies for
years with a mutual address of Treasure Coast Regional Planning Council, Stuart
Florida and they are going to make a fortune under the Seven 50 scheme to redistribute
high density populations, stack and pack, low income high rises with demographic
quotas in Sebastian. She went on to cite quotes about Seven 50 by HUD Secretary,
Shawn Donovan. She said another facilitator of the plan is All Aboard Florida. She
submitted for public record, which she said the contract and the memorandum dated
February 14, 2014. She provided a document to the Clerk.
Mr. Gillmor called a point of order and said this is a late date for information and she
asked if she should submit it for next week.
Ms. Coy expressed concerns because Council has heard her same presentation for two
consecutive council meetings now, and then read from public meeting procedures for
Public Input heading on the agenda which appears on every agenda. She said this is
Ms. Frey's third trip and two times she has picked up an agenda and two times Council
has not taken action on her issue. She said she was disturbed by what arrived in her
mailbox, them inviting all these folks to sit with us wearing red to provide support to Ms.
Frey's presentation, and reminded her Council does not provide presentations under
public input. She told Ms. Frey to get on the agenda she must approach one of the
Council members or the City Manager, and noted she had never talked to any one of
them. She also noted that the City Attorney gave her organization a very clear picture
that Seven 50 is no longer an issue to us and there are no ongoing obligations, and if
she wanted to think there is that is fine but she should do her presentations at another
place. She said Council has business to conduct at the meeting and that is what is
important to our council and most of our residents. She said they have in common that
they don't want someone coming into our town to tell us what to do, citing that the tallest
building in Sebastian is 35 feet and invited her to go back to Vero Beach and see their
high rises. During this time, Ms. Frey reached over and took back the document she
had provided to the Clerk.
Mr. Gillmor said the MPO has a strategic plan out to 2065 for transportation and that
planning is not a bad thing, that County and City governments must look into the future
to anticipate future growth and if they opt out they give up their right to be heard. He said
when he sat on MPO there was a plan to six lane US 1 through Sebastian and we were
able to quash it, and if we had not had a seat in 2005 we would not have not have
received the $2M federal grant for Barber Street improvement. He said the Council had
not taken action on Seven 50, the City Manager had sent a letter and it is all moot now
because it was strictly a planning situation.
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Regular City Council Meeting
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Page Eight
Mayor McPartlan said the plan has expired, and we were never beholden to the plan,
rather we have rights and home rule and Seven 50 would not subvert that. He said it is
expired and is not a contract and he wants to quell the misinformation out there, and
though he wants to hear concerns, he doesn't want to keep discussing Seven 50.
William Bowen, part time Sebastian /New Jersey resident, retired planner, said he was
not for or against the plan, got the mailing and said each city has to have a good plan,
and cautioned them that they are responsible for their own planning and hoped they
investigate this fifty year plan and have the ability to change that plan by local boards.
Maryann Henrickson, said she lives across the river and is looking for Sebastian
property, said she went to the meeting at the library over the Seven 50 and were aware
that Phyllis had been here before, thought they were going to be able to have an
exchange with Council, and asked how do we the people get on the agenda for public
input.
Mayor McPartlan said they need to approach a member of Council or the Interim City
Manager to get on the agenda, but again explained the plan is expired and is not a
contract with anyone, more like a guide, and all changes would have to go through our
own planning and zoning board and council. He said there is misinformation that they
are going to take us over and that is not going to happen, that the City Attorney has
rendered us an opinion, and if she does not want to believe he doesn't know what else
to say.
Ms. Henrickson said we the people are afraid of unelected officials and we don't trust
anyone, we don't trust Council and as a group will get together to ask to get on the
agenda because they are not thrilled with the plan and don't want to see it slide in.
Ms. Coy said to her, you don't want unelected officials telling you what to do but you are
listening to unelected officials telling you what to do. Ms. Henrickson again said we just
don't trust anyone.
Tom ? ?, Sebastian, asked if all five Council Members would be willing to sign a piece of
paper swearing they have nothing to do with Seven 50. Mayor McPartlan asked what
would be the point of that. The man continued to make his request for a legal binding
paper that they have nothing to do with Seven 50. Mayor McPartlan said no and
encouraged him to read the entire Seven 50 document.
Mayor McPartlan called recess from 8:17 p.m. to 8:32 p.m. All members were present
upon return to the meeting.
12. NEW BUSINESS
14.055 A. Accept Community Redevelopment Agency (CRA) Annual Report of Activities
for FY 2013 as Required by FS and Announce Availability of Document to Public
(Finance Director Transmittal, Annual CRA Report)
MOTION by Mr. Hill and SECOND by Mr. Gillmor to accept the CRA Annual Report.
Roll Call: Ayes: Coy, Gillmor, McPartlan, Hill, Adams Nays: None Passed: 5-0
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Regular City Council Meeting
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Page Nine
14.056 B. Resolution No. R-14-05 - Fiscal Year 2013-2014 - Accepting Quarterly Financial
Report and Adopting Necessary Amendments to the FY 2013-2014 Budget (1s`
Quarter Ending 12/31/13) (Finance Director Transmittal, R -14 -05, Quarterly
Financial Report)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND
ENDING SEPTEMBER 30, 2014 AS PROVIDED FOR IN EXHIBIT "A "; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-14-05 by title.
The Finance Director gave a brief presentation on the budget amendment and said the
Budget Advisory Board has recommended approval.
MOTION by Mr. Hill and SECOND by Ms. Coy to adopt Resolution No. R-14-05.
Roll Call: Ayes: Gillmor, McPartlan, Hill, Adams, Coy Nays: None Passed: 5-0
14.057 C. Purchase 2014 John Deere 410 Backhoe for Stormwater Division from Nortrax,
Orlando and Enclosed Barricade Trailer for PW from General Truck, Jacksonville
FL Both Under Florida Sheriff's Contract No. 13-11-0904 in the Total Amount of
$97.880.75 from Trade -In of Two 2001 Backhoes. Current Budaeted Funds and
Includes Approval for Appropriation of $30,880.75 from Discretionary Funds
(Transmittal, Sheriffs Contracts, Vendor Quotes)
The Interim City Manager explained the purchases of the backhoe and barricade trailer
under Sheriff's contract using a trade -in for two existing backhoes, savings from a
previously budgeted Stormwater Division pickup truck and not purchased, and with an
allocation of $30,880.75 from DST funds.
MOTION by Mr. Hill and SECOND by Mr. Adams to purchase a 2014 John Deere 410
backhoe for Stormwater Division from Nortrax, Inc. Orlando and Enclosed Barricade
Trailer for PW from General Truck, Jacksonville FL Both Under Florida Sheriff's
Contract.
Mr. Hill asked if the pickup was still needed and the Interim City Manager said he asked
the same question of our Fleet Manager who said it was more critical to have the
backhoe and we can defer the pickup for another year.
Roll Call: Ayes: McPartlan, Hill, Adams, Coy, Gillmor Nays: None Passed: 5-0
14.058 D. Discussion of Addition of Staff to Environmental Specialist and Authorize Interim
City Manager to Begin Search Within Budget Constraints (ICM Transmittal, Adm
Svcs Email)
The Interim City Manager said with things happening with NPDES, with the lagoon and
other issues it may be time to add back in an Environmental Specialist in the Community
Development Department to include grant writing. He said we have spent a lot in the last
five months outsourcing these types of issues and we can have better control with
someone on staff, it will make us look a lot better and be more efficient and requested
approval to move forward to begin the search within budget constraints.
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Regular City Council Meeting
March 12, 2014
Page Ten
MOTION by Mr. Hill and SECOND by Ms. Coy to approve.
In response to Mr. Gillmor's question about increase in Community Development activity
and revenues, the Finance Director said he is probably referring to the Building
Department permitting increases and this will be under Community Development with
funding from General Fund, which is also looking favorable. He said he sees potential
savings with this position.
Roll Call: Ayes: Hill, Adams, Coy, Gillmor, McPartlan Nays: None Passed: 5-0
13. CITY ATTORNEY MATTERS
The City Attorney requested an Executive Session under Florida law in regard to the
Fisherman's Landing Restaurant litigation, reported he had spent time today with Special
Counsel, Buck Vocelle, and they had concluded it is time to bring it to Council. He
explained legal requirements, noting the session is exempt from the Sunshine law and
suggested a meeting on March 26`h at 6 pm, preceding the Regular Meeting. He advised
they will open a public meeting, adjourn to the session, and return to the public meeting,
the session will be recorded by a court report, and the Clerk will remain in the
Chambers. Council concurred.
14. CITY MANAGER MATTERS
14.059 A. Indian River County Water and Sewer Equalization Charge Report (No Backup)
The City Manager reported Indian River County has passed a resolution to remove the
equalization charge for Sebastian utility customers, and cited the letter he had provided
to Council in which Commissioner Solari suggests Sebastian might want to remove its
utility tax to make Sebastian bills equal to County customers. He said there is a State
approved 10% utility tax on all utilities in Sebastian, and he did not recommend we
change that, and respectfully requested that Council allow him to write a letter or
response to Commissioner Solari thanking him for removing the equalization fee but
declining the reduction in the utility tax. In response to Mr. Hill, who asked if it was
necessary to respond, he said it was important to answer Mr. Solar with a unified voice.
In response to Mr. Gillmor as to whether there is confusion in that we do not charge a
6% right -of -way fee, the Finance Director said the utility tax is allowed by the State, and
his thought is that Mr. Solari is confusing the 6% franchise fee that people in the County
are paying and the 10% utility tax the people in Sebastian are paying. He equated this to
the difference in the ad valorem rates for the agencies, which are set by specific needs
of each.
Other Matters
The Interim City Manager reported that the natural gas franchise agreement ordinance
adopted on February 12" (0-14-01) had a provision in it that required the gas company
to submit an acceptance within 20 days of passage which was March 4, and they were
unable to do that, and in emails and phone calls it has been determined they are worried
about some of the provisions which require turning over proprietary information, and they
would like the franchise agreement to mirror the Indian River County franchise
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Regular City Council Meeting
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Page Eleven
agreement. He said they definitely want to do the deal, and Mark Seagrave will appear
before Council when a new ordinance is brought back to Council.
15. CITY CLERK MATTERS -none
16. CITY COUNCIL MATTERS
A. Council Member Gillmor
Mr. Gillmor said he has been surveying users of the Golf Course for suggestions on
what would make it better and has gotten a lot of input from folks. He said he spoke to
the Interim City Manager and Golf Course Director about looking for small things that
can be done without a lot of money, and he asked for Council approval to keep talking to
folks and then share those ideas with Council and sit down with Greg.
Mr. Hill said it was a great idea and there are many things that can be approved, like the
trash cans and tee markers, but suggested instead a green committee like other cities
and courses have, a group of six or seven who meet on a monthly or bimonthly basis
with the Director and discuss ideas and Council could have input with them as well.
In response to Mr. Gillmor on the question of sunshine law, the City Attorney said to it
could be done on an informal basis with a group and the Golf Director, instead of a
formal standing committee. Mr. Hill suggested Mr. Gillmor could be a part of it.
The Interim City Manager said they are working on some restroom complaints. Mr.
Gillmor asked if we can replace the door on hole #13 because it has rusted off.
B. Mavor McPartlan -none
C. Vice Mavor Hill -none
D. Council Member Adams
Mr. Adams thanked the Interim City Manager and staff for the new sidewalk on Fleming
near the Sebastian Charter JHS.
E. Council Member Coy
Ms. Coy reported on an email she received about a hedge of pepper trees that had been
cut down by city contractors and looked horrible, though it had to be done, and that
pepper eradication might be a good first job for the Environmental Specialist.
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Regular City Council Meeting
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Page Twelve
She said she talked to Commissioner Solari today about the County seeking a new
recycling contract, and suggested Council have a discussion in the near future and invite
Mr. Solari to give input to discuss the City's needs such as one stream recycling. Mr. Hill
recommended it be taken care of in an agenda item, where we could draft something
and send it to the County.
Ms. Coy asked if Council wanted to agendize the ESI to identify our needs. Mr. Gillmor
said at Treasure Coast Council of Local Governments Mike Busha said we really need to
identify our needs. It was the consensus of Council to agendize.
Ms. Coy reported that on April 3rd, Janine Harris, Department of Elder Affairs, was
coming to Sebastian and she was bringing her to the Senior center, and asked if any
members of Council can come by to meet her and maybe the Mayor can have lunch with
her, that Ms. Harris has things she wants to present to Council, and perhaps we can
provide overnight accommodations for her.
Mr. Adams said some communities have done resolutions asking the State to have All
Aboard Florida pay for crossing zones and not reduce the municipality's funding for
maintaining crossings, and perhaps we want to consider a resolution.
Ms. Coy said the Interim City Manager and she sat down with Rusty Roberts and it was
downhill all the way and the take away was once it is a quiet zone the City will assume
all liability for that section.
17. Being no further business, Mayor McPartlan adjourned the Regular Meeting at 9:15 p.m.
Approved at the March 26, 2014 Regular Council Meeting.
By..
Bob McPartlan, Mayor
Attest:
Sally A. Maio, MMC, City Clerk
12
21 of 161
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LAS
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HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM
COUNCIL MEETING DATE: March 26, 2014
AGENDA ITEM TITLE: City Clerk's Office Request'
Planning and Zoning Commission — Fill One Regular Member Position
with a Term to Expire April 1, 2017 in Addition to One Regular
Member Position with a Term to Expire May 1, 2017
RECOMMENDATION: Interview, Unless Waived, Submit Nominations for One Regular
Member Position with a Term to Expire April 1, 2017
Interview, Unless Waived, Submit Nominations for One Regular
Member Position with a Term to Expire May 1, 2017
BACKGROUND: Current Regular Members, Rick Carter (expiring 4/1/2014) and
Tahir (Bash) Qizilbash (expiring 5/1/2014), would like to be
considered for another term. Both have reviewed their
applications and have no changes to report.
No other applications have been received.
IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS:
Total Cost:
Amount Budgeted in Current FY:
If Cost Requires Appropriation:
Amount of Appropriation Required:
Fund to Be Utilized for Appropriation:
ATTACHMENTS:
City Manager Authorization:
Date: 3—/)—/
Applications, Ad, List
22 of 161
r',
JN Cf
SEBAS
HOME OF PELICAN ISLAND
SEt3ASTIAP4
OFFICE OF CITY CLERK
2011 FES 7 AM 1132
APPLICATION TO SERVE ON CITY BOARD /COMMITTEE
(All City Board and Committee Members Must be Residents of the City of Sebastian)
NAME: . C t
HOME ADDRESS: 1;t13
a-� )r 32,61
HOME PHONE:gg7 �OME FAX: E -MAIL:
BUSINESS: VO ' e --s
BUSINESS ADDRESS: 1.6, ' o 517, cry Q� Q-f .
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BUSINESS PHONE. "IZ; USINESS FAX: E -MAIL
ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? fe,> HOW LONG? -1
DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? N 0
DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE?
WHICH BOARDS /COMMITTEES? NV
PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN
ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1:
CHARTER REVIEW COMMITTEE (serves only 6 months every 5 years - meets next in 2011)
CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer)
CONSTRUCTION BOARD (permanent board - meets once a month)*
HANDICAPPED SELF - EVALUATION COMMITTEE (permanent board — meets quarterly)
_PLANNING AND ZONING COMMISSION (permanent board — meets twice a month)*
POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)"
PARKS & RECREATION ADVISORY COMMITTEE (permanent board — meets once a month)
NATURAL RESOURCES BOARD (permanent board — meets once a month)
OTHER TEMPORARY COMMITTEE (if applicable)
(WRITE IN COMMITTEE NAME)
Filing of financial disclosure is required following appointment
23 of 161
n
,p
rt
APPLICABLE EDUCATION AND /OR EXPERIENCE: (a brief resume is required)
P51 WILW
i'i
HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR?
scN cis � P�� eN�
LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: S�
Ktjo�Jwk�e- J HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE ? /%) /I-
HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL
TURPITUDE IN THIS OR ANY STATE?
WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED
ABOVE? q'e5
hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize
the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I
understand that any misrepresentation or omission of ' formation requested in this application is cause for
disqualification. I 1
I have been provided with, read and understand City
(attached). Information relative to a specific board or
2 -166 through 2 -173
Subscribed and sworn to before me this day of by
who is personally known to me, or has produced
as identification.
Notary Public, State of Florida
Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 - (772) 589 -5330
1wp- formla pplicat.wpd
rev. 712007
24 of 161
Jeanette Williams
From: focussys @att.net
Sent: Monday, July 18, 2011 7:52 AM
Subject: I have a new att.net mail address
Hi, I wanted to let you know that I have a brand new att.net mail address;
focussys @att.net. Please update your address book and send me emails at this new address
from now on. Thanks!
Rick Carter
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tmcf
SEBAST'I
HOME OF PELICAN ISLAND,
APPLICATION TO SERVE ON CITY'BOARD /COMMIT
( -(All Citv Board'and Cbmmittee-MembersMustbe Residents of the Ci6
E :.
Sebastian)
NAME: -TI H A&# Q / Z 11_8/_5
HOME ADDRESS: 3 ,94RA4R 4 . �Cdila r ,
Sf A Srlll/V - 329_5 �
HOME PHONE: HOME FAX: E -MAIL:
BUSINESS: C,11514Cp �6^/,044 Ny
BUSINESS ADDRESS: 1,03 BAR-8-414 c4 ote
BUSINESS PHONE: _f -4 0 BUSINESS FAX: •399 d1>I MAIL:
ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? HOW LONG?
bs
DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? MO
DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE?
WHICH BOARDS /COMMITTEES? 6(�
PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN
ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1:
CHARTER REVIEW COMMITTEE (serves only 6 months every 5 years - meets next in 2011)
CITIZENS BUDGET REVIEW-ADVISORY BOARD (temporary - meets during summer)
CONSTRUCTION BOARD (permanent board - meets once a month)'
HANDICAPPED SELF - EVALUATION COMMITTEE (permanent board — meets quarterly)
_PLANNING AND ZONING COMMISSION (permanent board — meets twice a month)`
POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)' ° c
PARKS & RECREATION ADVISORY COMMITTEE (permanent board.— meets once a month)
NATURAL RESOURCES BOARD (permanent board — meets once a month)�n
OTHER TEMPORARY COMMITTEE (if applicable) Working Waterfront
(WRITE IN COMMITTEE NAME) N
� O
Filing of financial disclosure is required following appointment
3
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26 of 161
APPLICABLE EDUCATION AND /OR EXPERIENCE: (a brief resume is required)
1Yh5T�R IN 4101, FN41NMR -1,4 1 q4N. <'dVrA,#CT/R Cl�'COyD.�l4
parip,F,vr of CAtV40 S ,4NCA 1997` WdAKXP AS Eniy�i✓.E•t..,e �G/id,®�t%
w�a Ur X 46 camas of ��/gpvi��RS(1980 /986�� 1M /l�` �ONJG Lj /ivy !r //?r'iC /9%8'/��`�
AAA f —
ZIM2
HOW WOULD YOUR EXPERIENCE BENEFIT THE BQARD'YOU'RE APPLYING FOR?
M y �1�ur�rioN � ¢xp�w��c� i� rr� �.>/s r�tTio•,r /M�vrY.¢y
"y (,Zr'"1ND'n► /Tr vJ /LL B 4al45 T
7'AA-
LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE:
S /AeA /9 t 7 , , BxlN rHs R"1j9)cv T f
od'
HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE?
HAVE YOU,EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL
TURPITUDE IN THIS OR ANY STATE? Q
WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED
ABOVE? YAs
I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize
the City of Sebastian to investigate the truthfulness of all information which I have provided in this application.
understand that any misrepresentation or omission of information requested in this application is cause for
disqualification.
I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2 -166 through 2 -173
(attached). Information relative to a specific board or committee i vai bl 'f request
Appf nt Signature V
/^�
Subscribed and worn to before me this 1 :0 ay of /� /e �C� �� ; by
who is personally known to me, or has produced
was identification.
MINA;
State of
Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 - (772) 589 -5330
\wp- form \applicat.wpd pLEENgpOSITp
rev. 7/2007 ,,. my WWIS" i DD 958837
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EXPIRES: A 2014
2ondad Ttvu N Pubk Utdenrtiten
27 of 161
0
6Aa Wedrtesday,March5.7016 a Scctwll Trat ASUaE --OAS t Kliw Sr'APEaS • tc1'
71iEAST= COAST I
ST. LUCK COUNTY
by thr law _revealed Those interested mu
lTl�tl1
grnss acturirtg ncg- haveRvedin Sebastianfor
li d a complete ycu before applying.
t$t�CO�tTtitjl
bUS tTdS�1 �3WSUIt
regard for the safety of These arcvolumeerposi-
nl
children who tide xhool lions.
Attorneys represe
busesthrwghout the cam- In the event the cou,r
in gg the family o 9 -y r-
try,-xatedantws release. cil fills the position with
eld Aaron Beauc mp,
saeasnAN an alternate member. the
who wu killed' 2012
Counc£ImaY Choose one of
xhooi bus vuh' st. W-
,.,,Ff,,,,�� the:pplicanlsto6Uthral-
L'Ie County, say t rye] so-!ta+Y»�
oounc: Th. "I morning
temateFosition.
tiB� Appltations ue ava8-
thtw£dcn£ago awrotrg -
stileintheCity Clerktof-
ful -death Iswsu filed tut
Sebastian is accepting 6tt, City Hall, 1225 Main
yen agaitLSt th St. Lucia,
applications for eapued St.,Sebasdan, from 8am.
Coumyschool istrict.
regular member posi- to 430 p.m.; or at www.
Aaron, a F nces R.
tionson the Planning and cityofsebastian.org.
Sweet Element School
Zoning Commission, Apy!£carious willbe ao
fourth - grader, di March
with erne term to expire Gaga unt£I March l7.
26, 2012, is aer invely-
A 1,2017.andiheothu
ingg a St. Luck unty
May 1.2017. stsU repass
schoolbus znd as
saw a�
ea, err the interred£.
Okeechobee and Mid
roads.
west Palm Beach taw -
yet Matt E. Haynes, of
LytaL Reiter, Smith, Ivey
BFromath,is expected to
NAI this free and informative seminar,
annotmetehefirm intends
a local attornev will discuss:
to sue five In national
' '
mamtfacmrtn- u Part of
• Pros/Cons of Florida Residency
a negligence rnmplaint
pettdiag against the school
'• Understanding the Florida Tax Structure '
district.
• Homestead Tax Exemption
'Intense investigation
How to Properly Become a
'. '
Florida Resident
Estate Planning Strategies
?OI��
✓-cr�ictytme to
'• This Seminar May Benefit '
BUY Home
' New Residents to the Community '
104,11114 "'
Hosted By:
'
3106 ll. us. H, I
jam P. Covey, Esq.
• '
Tuesday, March 11, 2014 at IOam
was tL. term
Limited Seating '
law law Pricing.•
vfeVeeatam
' PLaSrCa11772- 77"160 '
epmpetiteAfAbid!
For Seminar Location and to Rescrte a Seat
Sen-cog M&m River Coanryfor 20e years '
.•_ aa� tam � tam � ai
The new
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er new management. All suites are being remodeled to suit.
flooring, tile, wood, carpet, paint and marble counter tops.
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gill promote Yana, new practice heed thsaaghout the county.
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If you follow the advice of Sal
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Start today!
TPI CERTIFIED INSTRUCTOR
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Teaches all levels of Game;
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28 of 161
PRESS RELEASE
The City of Sebastian is accepting applications for the following
positions on the Planning & Zoning Commission:
Expired, Regular Member Position — Term to expire 4/1/2017
Expired, Regular Member Position — Term to expire 5/1/2017
Interested individuals must have resided in Sebastian one year prior
to application. These are volunteer positions.
In the event Council fills the position with an alternate member,
Council may choose one of the applicants to fill the alternate position.
Applications are available in the City Clerk's Office, City Hall, 1225 Main Street,
Sebastian between the hours of 8:00 am and 4:30 pm or on
www.cityofsebastian.org
Applications will be accepted until March 17th, 2014.
29 of 161
PLANNING S ZONING COMMISSION
3 -YEAR TERMS
MEETS 1 ST AND 3RD THURSDAY OF EACH MONTH - 7:00 P.M.
MEMBER NAME AND
APPOINTMENT
CURRE
TERMS
ADDRESS
HISTORY
NT
COMPLETED
STATUS
[MOST RECENT
HISTORY FIRST]
Larry Paul
Took Hepler's expired
Term to
1701 Sunset Lane
regular member position
expire
Sebastian, FL 32958
12/14/11
11/1/2014
Pau 1384(a)bellsouth.net
388 -0937
Rick Carter
Took Cardinale's expired
Term to
237 Main Street
regular member position
expire
Sebastian, FL 32958
4/27/11
4/1/2014
focussys(a)com cast. net
918 -4600
Took Durr's unexpired alt
member position 2/9/11
Tahir (Bash) Qizilbash
Took Paul's expired
Term to
103 Barbara Court
regular member position
expire
Sebastian, FL 32958
4/27/11
5/1/2014
Bash. pes(c_g mail. com
581 -0775
Re- appointed 1/22/14
Term to
Domenic Durr
542 Quarry Lane
expire
211/2017
Sebastian, FL 32958
Took Srinivasan's expired
ddomfCc�hotmail.com
regular member position
(412) 381 -1701
2/9/11
Reappointed alt member
1/26/11
Took Hepler's unexpired
alternate member position
12/16/09
30 of 161
PG 1
glactinq
3C COMMENTS
CEMETARY LOT'SALES /
LOT 12 /BL& 6 /UNIT 4 /
CEMETARY LOT SALES /
MMES LOT 10 /BLK 35 /UNIT 4 FLU/
CEMETARY LOT SALES /
LOT 9 &10 /BLOCK 6 /UNIT 4 /
LOT 9 &10 /BLOCK 6 -UNIT 4 /
LOT 9 &10 /BLOCK 6 UNIT 4 J
21/34/4 /
LOT 29 BLOCK 28 UNIT 1 /
CEMETARY LOT SALES /
31 of 161
David Reyes
Re- appointed 6/13/12
Term
p
458 Oak Street
Sebastian, FL 32958
Took Simmons unexpired
6/1/2015
Jdr5347(c- att.net
regular member position
453 -6157
3/1/11
Took Neuberger's
unexpired alternate
member position 7/14/10
Joel Roth — Vice Chair
Re- appointed 4/24/13
Term to
1984 E. Lakeview Drive
expire
Sebastian, FL 32958
Re- appointed 5/12/10
5/1/2016
ioelroth msn.com
589 -6894
Took Buchanan's
unexpired regular
member position 1/27/10
Ed Dodd — Chair
Reappointed 10123/13
Term to
906 Fleming Street
expire
Sebastian, FL 32958
Reappointed 11/17/10
11/1/2016
eddodd62(�comcast.
net
Took Allocco's unexpired
388 -5440
regular member position
12/12/07
Alternate
John McManus
Took Dyer's expired
Term to
1295 Sebastian Lakes
alternate member position
expire
Drive
10/09/13
11/1/2016
Sebastian, FL 32958
13mcmanus20(ftellsouth
.net
589 -0013
Alternate
Louise Kautenburg
Reappointed 1/8/14
Tenn to
973 Oswego Avenue
expire
Sebastian, FL 32958
Took Hennessey's
1/1/2017
Louisekl(a-Auno.com
unexpired alternate
696 -3716
member position 3/14/12
School Board Member. Mrs. Dale Simchick
Work address: 1990 25th Street, Vero Beach, FL 32960
772 -584 -9901 (School District mobile phone)
Email: dale. simchickC4indianriverschools.ora
No code provision as to staff liaison. Community Development Director serving as staff liaison.
LDC 54 -1 -2.4 provides Director shall appoint secretary. Recording Secretary Dom Bosworth
32 of 161
OWLI
SERAST v
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL FORM
COUNCIL MEETING DATE: March 26, 2014
AGENDA ITEM TITLE: City Attorney Request -
Ordinance No. 0 -14 -02 — Fertilizer Amendment Second
Reading and Legislative Public Hearing
RECOMMENDATION: Conduct 2nd Reading and Legislative Public Hearing of
Ordinance No. 0 -14 -02 and Pass at Council's Discretion
BACKGROUND: On February 26, 2014, City Council passed Ordinance No. 0 -14 -02 on first
reading on a vote of 3 -2 and scheduled an advertised public hearing for March 26, 2014. This
ordinance will strengthen the previously adopted ordinance, which was modeled on the State model
fertilizer ordinance, to add more stringent regulations including a blackout period for fertilizer
containing nitrogen and phosphorous during summer months, in keeping with fertilizer ordinances
that other local governments in Indian River County and surrounding counties have adopted.
ATTACHMENTS:
Ordinance No. 0 -14 -02
Documentation List
Documents
2/26/14 Transmittal
City Manager Authori Lion:
Date:
33 of 161
mcf
EBASTIAN
HOME OF PELICAN ISLAND
/Z/
CITY COUNCIL AGENDA TRANSMITTAL FORM
COUNCIL MEETING DATE: February 26, 2014
AGENDA ITEM TITLE: City Attorney Request -
Ordinance No. 0 -14 -02 — Fertilizer Amendment First
Reading
RECOMMENDATION: Conduct First Reading of Ordinance No. 0 -14 -02 and
Pass Council's Discretion and If Passed, Schedule
Second Reading and Public Hearing for March 26, 2014
BACKGROUND: On May 9, 2012, City Council passed Ordinance No. 0- 12 -06, approving the
Florida model ordinance for fertilizer best management practices. On September 11, 2013, City
Council conducted a first reading on Ordinance No. 0 -13 -10 which would have approved more
stringent regulations including a blackout period for fertilizer containing nitrogen and phosphorous
during summer months, in keeping with fertilizer ordinances that other local governments in Indian
River County and surrounding counties were adopting. Following a lengthy presentation and
discussion, Ordinance 0 -13 -10 failed on first reading on a vote of 4 -1.
An Indian River Lagoon Workshop was held on January 15, 2014 at which there was extensive
scientific analysis presented and there has been recent discussion on bringing back a more
stringent fertilizer ordinance. Mr. Gillmor, at the January 22, 2014 Regular Meeting, said he would
like to see an ordinance come back to be more in line with Indian River County's fertilizer
ordinance. Mr. Adams requested, at the February 12, 2014 Regular Meeting "to bring back the
strong fertilizer ordinance for first reading at the next meeting to include a blackout from June 9 to
September 30, no fertilizer application within ten feet of a water body, and use of slow release
nitrogen and no phosphorous unless a soil test warrants it" Ms. Coy said she would support that.
Mr. Adams had referenced test reports from Tampa and Fort Lauderdale areas and was asked to
provide to all members of Council by Mayor McPartlan. Documentation provided by Mr. Adams is
attached for reference.
Ordinance No. 0- 14 -02, which includes provisions requested and more in line with the Indian River
County fertilizer ordinance is presented for Council consideration and first reading.
FS 403.9337 provides that "a local govemment may adopt additional or more stringent standards than the
model ordinance if the following criteria are met:
(a) The local government has demonstrated, as part of a comprehensive program to address nonpoint
sources of nutrient pollution which is science- based, and economically and technically feasible, that additional
or more stringent standards than the model ordinance are necessary in order to adequately address urban
fertilizer contributions to nonpoint source nutrient loading to a water body.
(b) The local government documents that it has considered all relevant scientific information, including
input from the department, the institute, the Department of Agriculture and Consumer Services, and the
University of Florida institute of Food and Agricultural Sciences, if provided, on the need for additional or more
stringent provisions to address fertilizer use as a contributor to water quality degradation. All documentation
must become part of the public record before adoption of the additional or more stringent criteria."
ATTACHMENTS: Ordinance No. 0 -14 -02
Documentation List and Documents
'ty Manager Auth rizatio
Date: �� D
34 of 161
ORDINANCE NO. 0-14-02
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 AN AMENDMENT TO SECTION 50 -5 "FLORIDA- FRIENDLY
FERTILIZER USE" BY AMENDING THE "PROHIBITED APPLICATION PERIOD" TO
PROHIBIT THE APPLICATION OF CERTAIN FERTILIZER BETWEEN JUNE 1 AND
SEPTEMBER 30 AND BY AMENDING SECTION 50 -5 (h) REGULATING FERTILIZER
CONTENT AND APPLICATION RATES; PROVIDING EXEMPTIONS; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian finds that misuse of fertilizers has a
secondary and cumulative environmental effect on the Indian River Lagoon, and other surface water
bodies in the City of Sebastian; and
WHEREAS, the regulation of nutrients, including both phosphorus and nitrogen contained in
fertilizer, is an important step in improving and maintaining water and habitat quality; and
WHEREAS, this ordinance provides for the enactment of such regulations governing the use of
fertilizers on lands within the City of Sebastian that contribute to adverse impacts on the Indian River
Lagoon and other surface water bodies; and
WHEREAS, in addition, the City of Sebastian is located within the watershed of the Indian River
Lagoon which water body is listed as impaired by nutrients pursuant to Section 403.067, Florida
Statutes; and
WHEREAS, Section 403.9337(2), Florida Statutes, requires that each county and municipality
located within the watershed of a water body or water segment that is listed as impaired by nutrients
pursuant to Section 403.067, Florida Statutes, shall, at a minimum, adopt the Florida Department of
Environmental Protection's "Model Ordinance for Florida - Friendly Fertilizer Use on Urban Landscapes ";
and
WHEREAS, as a result of the impairment of the Indian River Lagoon caused by excessive
nutrients and the mandates of Section 403.067, Florida Statutes, the City Council of the City of
Sebastian desires to adopt more stringent provisions to the Florida Department of Environmental
Protection's August 2010 model ordinance for "Florida- Friendly Fertilizer Use on Urban Landscapes ".
WhiGh adoption Fnay FequiFe additional management measures Gentained in the Most FeGent editien 9
indFstfies, 2008 ".
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, THAT:
SECTION 1. AMENDING SECTION 50 -5 FLORIDA - FRIENDLY FERTILIZER USE ON URBAN
LANDSCAPES.
Section 50 -5 of the Code of Ordinances entitled is hereby amended to read as follows:
35 of 161
"Section 50 -5. Florida - Friendly Fertilizer Use on Urban Landscapes.
(a) Findings.
As a result of impairment to the City of Sebastian's surface waters caused by excessive nutrients, or,
as a result of increasing levels of nitrogen in the surface and /or ground water within the aquifers or
springs within the boundaries of the City of Sebastian, the City Council has determined that the use of
fertilizers on lands within the City of Sebastian creates a contributing risk that adversely effects surface
and/or ground water. AGGGFdoRgly, the Gity Ge-i-mr-A of the Gity of Sebastian finds that managemen
(b) Purpose and Intent.
This Section regulates the proper use of fertilizers by any applicator; requires proper training of
Commercial and Institutional Fertilizer Applicators; establishes training and licensing requirements;
establishes a Prohibition Application Period; specifies allowable fertilizer application rates and methods,
fertilizer -free zones, low maintenance zones, and exemptions. 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, springs, lakes, estuaries and other water bodies.
Collectively, these water bodies are an asset critical to the environmental, recreational, cultural and
economic well -being of the City of Sebastian's 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 improve and maintain water and habitat quality.
(c) Definitions.
For this Chapter, the following terms shall have the meanings set forth in this section unless the context
clearly indicates otherwise.
"Administrator" means the City Manager, or any other City official designated by the City Manager.
"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 in the City of
Sebastian.
"Board" or "Governing Board" means City Council of the City of Sebastian.
"Best Management Practices" means turf and landscape practices or combinations 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.
.0010 N 000. H7
"Commercial Fertilizer Applicator", except as provided in 482.1562(9) F.S., means any person who
applies fertilizer for payment or other consideration to property not owned by the person or firm
applying the fertilizer or the employer of the applicator.
2
36 of 161
"Fertilize", "Fertilizing ", or "Fertilization" means the act of applying fertilizer to turf, specialized turf, or
landscape plants.
"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 private, non - commercial or a Commercial
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, managers or employees 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 (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, mowing, etc.
"Person" means any natural person, business, corporation, limited liability company, partnership, limited
partnership, association, club, organization, an /or any group of people acting as an organized entity.
"Prohibited Application Period' means June 1 through September 30 or the time period during which a
Flood Watch or Warning, or a Tropical Storm Water 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 equal to OF greater than 2 innhes in a 74_ho F ner is likely.
"Sebastian Approved Management Practices Training Program" means a training program approved
per 403.9338 F.S., or any more stringent requirements set forth in the this Chapter that includes 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 approved by the administrator.
"Saturated soil' means a soil in which the voids are filled with water. Saturation does not require flow.
For the purpose of this section, soils shall be considered saturated if standing water is present or the
pressure of a person standing on the soil causes the release of free water.
"Slow Release ", "Controlled Release ", "Timed Release ", Slowly Available" or "Water Insoluble Nitrogen"
means nitrogen in a form which delays its availability for plant uptake and 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.
"Urban landscape" means pervious areas on residential, commercial, industrial, institutional, highway
right -of -way, or other nonagricultural lands that are planted with turf or horticultural plants. For the
purposes of this section, agriculture has the same meaning as in section 570.02 F.S."
(d) Applicability.
This Section shall be applicable to and shall regulate all applicators of fertilizer and areas of application
of fertilizer within the City of Sebastian unless such applicator is specifically exempted by the terms of
this Section from the regulatory provision of this Section. This Section shall be prospective only, and
shall not impair any existing contracts.
3
37 of 161
(e) Timing of Fertilizer Application.
No applicator shall apply fertilizers containing nitrogen and /or phosphorus to turf and /or landscape
plants during the Prohibited Application Period, or to saturated soils.
(f) Fertilizer Free Zones.
Fertilizer shall not be applied within ten (10) feet of any pond, stream, watercourse, lake, 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. unless a defleGter shield, drop snreadw, er l.0
appliGat9F with a visible and shaFply defined edge, used, iR WhiGh G . . UM Of thFee (3) feet
shall he meiRtained If more stringent City of Sebastian Code regulations apply, this provision does not
relieve the requirement to adhere to the more stringent regulations. Newly planted turf and /or
landscape plants may be fertilized in this Zone only for a sixty (60) day period beginning thirty (30) days
after planting if need to allow the plants to become well established. Caution shall be used to prevent
direct deposition of nutrients into the water.
(g) Low Maintenance Zones.
A voluntary ten (10) foot low maintenance zone is strongly recommended, but not mandated, from any
pond, stream, water course, lake, 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. If more stringent City of Sebastian Code regulations apply, this provision does not relieve the
requirement to adhere to the more stringent regulations. No mowed or cut vegetative material may be
deposited or left remaining in this zone or deposited in the water. Care should be taken to prevent the
over -spray of aquatic weed products in this zone.
(h) Fertilizer Content and Application Rates.
I . FeFtilizei: applied to wid WathiR the City of Sebastian shall be f0ffnUlated and applied
(cede labeled RegUirements for I Irhen T-64 FeFtilizeFs
site, and shall not be applied fGF the fiFSt thiFty (30) days afteF seediRg 9F sedding, eXGept when hydfG-
i
1. No fertilizer containing phosphorous shall be applied to turf or landscape plants in the City of
Sebastian unless a soil or plant tissue deficiency is verified by a University of Florida, Institute of Food
and Agriculture Sciences, approved testing methodology. In the case that a deficiency has been
verified, the application of a fertilizer containing phosphorous shall be in accordance with the rates and
directions for the Central Region of Florida as provided by Rule 5E- 1.003(2), Florida Administrative
Code. Deficiency verification shall be no more than two years old. However, recent application of
compost, manure, or top soil shall warrant more recent testing to verify current deficiencies.
2. The nitrogen content of fertilizer applied to turf or landscape plants within the City of Sebastian
shall contain at least 50% slow release nitrogen per guaranteed analysis label.
38 A61
3. Fertilizers applied to an urban lawn or turf within the City of Sebastian shall be applied in
accordance with requirements and directions set forth on the label or tact for packaged fertilizer
products, or in the printed information accompanying the delivery of bulk fertilizer products, as provided
by Rule 5E- 1.003(2), Florida Administrative Code, Labeling Requirements For Urban Turf Fertilizers. All
packaged and bulk fertilizer products sold in the City of Sebastian shall be sold in packages with labels
or taps, or, if sold in bulk, be accompanied by printed information, which complies with the requirements
of Rule 5E- 1.003(2), Florida Administrative Code.
4. Fertilizer containing nitrogen or phosphorus shall not be applied before seeding or sodding a
site, and shall not be applied for the first 30 days after seeding or sodding, except when hydro - seeding
for temporary or permanent erosion control in an emergency situation (wildfire, etc.), or in accordance
with the Stormwater Pollution Prevention Plan for that site.
(i) Application Practices.
1. 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, fertilizer -free zones and water bodies, include wetlands.
2. Fertilizer shall not be applied, spilled or otherwise deposited on any impervious surfaces.
3. 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.
4. 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.
5. In no case shall fertilizer be washed, swept, or blown off impervious surfaces into stormwater
drains, ditches, conveyances, or water bodies.
0) Management of Grass Clipping and Vegetative Matter.
In no case shall grass clippings, vegetative material, and /or vegetative debris be washed swept, or
blown off into stormwater drains, ditches, conveyances, water bodies, wetlands, or sidewalks or
roadways. Any material that is accidentally so deposited shall be immediately removed to the
maximum extent practicable.
(k) Exemptions.
The provisions set forth in the Chapter shall not apply to:
1. Bona fide farm operations as defined in the Florida Right to Farm Act, Section 823.14, F.S.;
2. Other Properties not subject to or covered under the Florida Right to Farm Act that have
pastures used for grazing livestock;
3. Any lands used for bona fide scientific research, including, but not limited to, research on the
effects of fertilizer use on urban stormwater, water quality, agronomics, or horticulture.
4. Golf courses when landscaping is performed within the provisions of the Florida Department of
Environmental Protection document, "Best Management Practices for the Enhancement of
Environmental Quality on Florida Golf Courses ", these provisions shall be followed when applying
fertilizer to golf course practice and play areas;
39 A61
5. Athletic fields at public parks and school facilities that apply the concepts and principles
embodied in the Florida Green BMPs while maintaining the health and function of their specialized turf
areas:
6 Vegetable gardens owned by individual property owners or a community, and trees grown for
their edible fruit.
(1) Training.
1. All commercial and institutional applicators or fertilizer within the City of Sebastian, shall abide
by and successfully complete the six -hour training program in 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, or an approved equivalent.
2. Private, non - commercial applicators are encouraged to follow the recommendations of the
University of Florida IFAS Florida Yards and Neighborhoods program when applying fertilizers.
(m) Licensing of Commercial Applicators.
1. Prior to January 1, 2014, all commercial applicators of fertilizer with the City of Sebastian, shall
abide by and successfully complete training and continuing education requirements in 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, or an approved equivalent program, prior to obtaining a City of
Sebastian Local Business Tax Receipt for any category of occupation which may apply any fertilizer to
turf and /or landscape plants.
2. After December 31, 2013, all commercial applicators of fertilizer within the City of Sebastian,
shall have and carry in their possession at all times when applying fertilizer, evidence of certification by
the Florida Department of Agriculture and Consumer Services as a Commercial Fertilizer Applicator per
5E- 14.117(18) F.A.C.
3. 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 lease one employee has a "Florida- friendly Best Management Practices for
Protection of Water Resources by the Green Industries" training certificate prior to the business owner
obtaining a Local Business Tax Receipt. Owners for any category of occupation which may apply and
fertilizer to turf and /or landscape plants shall provide proof of completion of the program to the City of
Sebastian.
(n) Enforcement.
The provisions of this Section may be enforced pursuant to any method provided for by the
Code or Ordinances or general law."
SECTION 2. CONFLICT.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY.
In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is
invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be
40 A 61
presumed that the City Council of the City of Sebastian did not intend to enact such invalid or
unconstitutional provision. It shall further be assumed that the City Council would have enacted the
remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said
remainder to remain in full force and effect.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon its adoption by the City Council.
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 Bob McPartlan
Vice -Mayor Don Wright
Councilmember Jerome Adams
Councilmember Andrea B. Coy
Councilmember Jim Hill
The Mayor thereupon declared this Ordinance duly passed and adopted this _ day of ,
2013.
ATTEST:
Sally A. Maio, MMC
City Clerk
Approved as to form and Legality for
Reliance by the City of Sebastian only:
Robert A. Ginsburg
City Attorney
CITY OF SEBASTIAN, FLORIDA
Bv:
Bob McPartlan, Mayor
7
41 of 161
DOCUMENTS RE: FERTILIZER — FEBRUARY 26, 2014 CITY COUNCIL MEETING
Herald- Tribune Article (1/26/12) — Eric Ernst: Experts Agree that Sarasota's Fertilizer
Law is Good
2. Harbor Branch — FAU Memo (11/18/13) from Dr. Brian Lapointe, Research Professor
to Indian River Shores City Council — Steps to Take to Stop Nutrient Pollution in IRL
3. ORCA — Letter (11/19/13) from Edith Widder, PhD, CEO and Senior Planner, to Town
of Indian River Shores — Reducing Nutrient Pollution
4. Marine Resources Council Report — Dr. Leesa Souto, Executive Director — Evidence
to Support Strong Urban Turf Grass Fertilizer Provisions
5. Sierra Club Document — IFAS and FDEP Publications in Support of Strong Ordinance
Provisions
6. Indian River Lagoon Coalition Supporters 10/31/2013 — List — Call to Action
7. Graphs — Roberts Bay Venice — Showing Decreases in Nutrients After Effective Dates
of Sarasota County and City of Venice Fertilizer Ordinances
8. OF — IFAS Extension Article — Frequently Asked Questions about Landscape
Fertilization for Florida - Friendly Landscaping Ordinances
9. Pond Watch Program — Lee County Hyacinth Control District — Analytical Results of
Nutrients and Chlorophyll Relative to the 2008 Fertilizer in Lee County
10. University of Michigan Report — Reduced Additions to River Phosphorous for Three
Years Following Implementation of a Lawn Fertilizer Ordinance
11. Florida Department of Environmental Protection (FDEP) WM 869 Warm- Season
Turfgrass Rates & Irrigation BMP Verification — Completed Studies Report — April 2012
12. Pinellas County Compliant Product List
42 of 161
flerAdlribune
Ernst: Experts
agree that
Sarasota's fertilizer
law is good
By Eric t {rrlsl
Published: Thursda f. danuary 26,201-1013-755
P.m.
Sarasota County's fertilizer ordinance
is once again under attack.
Enacted in 2007, the local law
intends to keep nitrogen and
phosphate pollution from our
waterways by requiring only slow -
release fertilizers and by banning
application from .Tune through
September.
The timing of the ban rests on the
premise that summer rains leach the
nutrients from lawns, often
triggering algal blooms such as red
tide.
(D
Setting aside the consideration of government
intrusion, jurisdiction and all the conspiracy
theories that surround any regulation, the
principles behind the Sarasota Coun", law make
perfect sense not only from an environmental
viewpoint, but from a horticultural, business and
consumer perspective.
Consider the testimony of Michael "Mike.)."
Juchnowicz. His company, Gardenmasters of
Southwest Florida Inc., has io,000 -plus lawn -
care customers from Collier to Manatee counties.
Juchnowicz admits he had to scramble during the
first year of Sarasota's new rules. I-Ie had to find
suppliers with the right type of slow - release
fertilizer, and he had to pay, more for it.
By the second year, hoivever, things were running
smoothly, he says. With his accounts, Juchnowicz
sets prices based on the maintenance of vibrant
lawns, not on how much fertilizer and pesticide
he spreads.
"People are results - oriented," he says. "As long as
the grass is healthy and green, you get no
complaints."
)Meanwhile, his chemical costs dropped as
production caught up with the market and
national giants such as Scotts developed 5o -5o
slow release products they didn't have a few years
ago.
Every year since 2007= the state Plus, because of the summer ban and subsequent
Legislature, prodded by lawn- related education of his customers, Juchnovvicz says he
businesses, has debated undercutting now uses about 200 tons less fertilizer each year.
the ordinance. And that's just in Sarasota County_
The latest version, a two -page bill
that has made it through several
House and Senate committees, would
exempt commercial operators from
the rainy season ban. The move
would eviscerate the ordinance as
well as similar local laws in
neighboring cities and counties.
That would be a shame.
"I don't want to sound like I'm a big tree- hugger,
but 1 can see I make a visible impact on clean
water in our communitv." he says.
Sarasota's rules have also led to another
discovery. Curtailing fertilization in the summer
has an impact on fungus and insect problems,
particularly in the popular St. Augustine turf.
43 of 161
Palmer Ranch has the
If the rest of us do the same, problem solved.
documentation to prove it. In 2006,
the io,000 -acre subdivision spent
Eric Ernst's column runs Wednesdays, Fridays
S96,000 replacing turf damaged by
and Sundays. Contael him at
fungus.
eric.ernst@heruldiribune.coin or (941) 486 -
3073
H'ungus, as well as chinch bugs, feed
on the type of grouth spurred by
Copyright ( 2012 HeraldTribune.com — All
excess nitrogen.
rights reserved. Restricted use only.
Since then, Palmer Ranch has
developed a sophisticated sampling
system to measure nutrients not only
in blades of grass but in the
reclaimed water it uses for irrigation.
The results, compiled monthly by a
lab, fill binders two feet tall, says
}.tick Barth, president of the Master
Property Owners Association.
Those samplings, not some generic
feeding schedule, determine how and
when Palmer Ranch treats its
landscape.
"We let the turf tell us what it needs,"
Barth says. "We simply have
recognized that overfertilization is
one of the worst things you can do."
By this year, turf replacement costs
have dropped to practically nothing.
Of course, not everyone can spend
$35o a month to have lawn samples
analyzed in a lab. But the lessons
from Palmer Ranch probably pertain
elsewhere. If nothing else, they'd
make good reading for any state
legislator ready to sack Sarasota
County's fertilizer ordinance.
It's finny. Even if state action makes
Sarasota's ordinance meaningless,
both Palmer Ranch and
Gardenmasters intend to carry on as
if it were in force, because that's the
smart thing to do.
44 of 161
HARBOR BRANCH 02-
I'1- 01KIDA ;1'I't_ANTIC U\IVERsrry
Ucecrt Scic -nc.0 `er o Bettor WG-;u
Date: November 18, 2013
To: Indian River Shores City Council
From: Dr. Brian Lapointe, Research Professor
Scientific data and numerous observations indicate the Indian River Lagoon (IRL) is in a
state of crisis_ The Central Indian River Lagoon is suffering from nutrient pollution
coming from a variety of sources, including human waste (septic tanks, re -use water,
leaky sewage collection and treatment systems) and fertilizers used in urban and
agricultural areas.
The most effective solution to stop nutrient pollution in the IRL is to reduce nutrients at
their source. Indian River Shores is discussing a review of their existing fertilizer
ordinance. To this I encourage the council to pass a strong ordinance that includes the
following provisions:
(1) A summer fertilizer blackout period from June 1— September 30
(2) The use of only no phosphorus fertilizer without a soil sample
(3) Requirement of a minimum of 50% slow release when fertilizer is used
(4) No application of fertilizer within 10 feet of a body of water
In addition, I would suggest that you determine the number of homes in Indian River
Shores that are currently utilizing septic tanks and consider strategies to have those
homes hook up to sewage treatment facilities.
1 lorbor GratWll �7�a>111s1 �:'d�hti histitutc
4ou u-s. I \urti:, r °rrt f ivrw, F1. 3.19.4t, • trl• i e"? 465.24al • '11VWw.hb0i 'dL
, 11 7!,•n:11,d';:."'! A.,:... Ina;lr.:var.
45 of 161
CNICAr -
OCCAN RESEARCH a CONSERVATION ASSOCIATION. INC.
November 19- 20 i.i
The Town ol' Indian River Shores
6001 North 1-lighw•ay A IA
Indian River Shores, FL 32963
Dear Cite Councilmen,
Nutrient pollution has been called the greatest pollution problem facing U.S. coastal waters'- Although nitrogen and
phosphorus are essential for healthy ecosystems in small quantities, in large quantities they produce algae blooms and
lead to fish kills, scagra_ss die off, human illnesses and major economic impacts through loss of tourism and reduced
water front real cstate values`.
Local communities can reduce the nutrient burden on their local waters by taking actions that reduce opportunities for
fertilizers to be carried off lawns and gardens with storm water runoff. For example, it has been demonstrated that a
fertilizer ordinance restricting the application of phosphorus fertilizer to lawns resulted in a statistically significant
reduction in total river phosphort.15I ". It has also been demonstrated that the timing of fertilizer application significantly
affcc is the amount of nitrate enterint; vlFater►va }s, with application during periods of high rainfall significantly increasing
the amount ofnitrate found in leachate s•". Overall, die best way to reduce nitrate run -off is through reduced
appl ic;ation7.
In considering the impacts of ►IICSC nutrients it should not he overlooked that groundwater flow is such that leachate can
potentially be entering our drinking water. According to the Environmental Protection Agency's sale drinking water
standard—nitrate-nitrogen should not exceed 10 mg L-1 yet studies have shown that single applications of high rate
quick - release nitrogen fertilizer (44 lbs N acre' application-' or 49 kg N ha' application-') can result in leachate
concentrations at least twice this minimum sate values_ Hunian health is also potentially impacted with nutrient fed
ittxiC algae blooms, which can release aerosolized toxins that can cause :.acute poisoning in humans and animals'.
For the sake of our own health as well as that or Our precious Indian River Lagoon I believe that reducing nutrient
pollution should be of the highest priority.
Sincerely
t,
i;dith Widdcr. Ph.D.
CE0 and Scnior Scientist
I Nalion. -d Research Council. C'fewr Counfal Warers: Onderslanding ar l Reducin4 Lbe rVj`ccrs nf:'lrnrrient Pallutimn. Washington. W: National Acadcnng
Press. 2000,
2. sirr Ocrem 13ter <,uintjeu thq• 1`Venrurt• Final Rcrxm or the U.S («mrn"tQn tin Occsn Policy. ZCtid.
_t. Lehman. l.T, II. W. Itcil and KT, McDnnald 2(109 Reduced river phosphorous following i,npicnrentation ora taw.n rettaiicr ordinance. Lukc :nui
tateenorrAlaraagcrirnt?g.',07 -; 12.
4. Lehman, J T, 13 W, MI. J.P Mtdkk and K, r: Ntothnrud. 21i 1 I itcducod addiliumt to livel phusphurus for Ouce yearw Following, unptrx entation ul'a
1mvri fertilizer suuiname. take and Rcscrnnir htanactntcnt 27:190 -397.
5. Mangiatico, S.S a:.d K f iuilllard 2006. Frill t eltitirirlirin Sim ing et'icus on nitrate leaching and tutfgrass color and Vowttt. Jatrmai mf 4prilrnngrcalat
i lualur, B 163 -171
r, ?vine K W. aR ! I.C. 11alu&. 2005. Nutrient and Ikmieide Transport ur Surface Runoff l'mm Pesennrai Grasses in the urban land%calic:. In: J.ti, Beard and
MY Kenna Nds. 1. WalerQmrliV and QwrnliA' 1. ssatuJni ,Tai*ra.stie:sin Urban Landu' alt+ rs. CAtirSPcciull 'uhlicatitm27.Amex,luwa;p.121 -152_
7 nr:urlrrtrn, 11. 2008. !~aching of il"icide: tut Nitrate in 1'urfigr L.. —s In: J. R 1k.ud and -%4.P. Kano (ee s. I. li'n+e•r Qrmiki • and Quantin- Issurs for
7-fd ;nisei M Urban Larnlsralms. C.'As'r special Publication 27 AnW,�. lo5sa. p. 107 -120.
F. Ft-ant,, KAY- K.M. O'Rciltv.J.R. Crum, and R.V. Calhoun. 2006. The FaleorNitrugtn Appl;Cd to a:Slatute Kentucky t21uc£tam Turf. CJ+up Serene,
46,2101)-Z I.S.
4. Cheri. Y.S.. Y. Lhuu. C.M. Irvin, ti. Kirkpatrick and LC, li:eeker. 2107 CH. raocricaticn-, orAc.trsmh Containing rnicim- y5lin. Marine Drug, 5;136 -150
Duerr laboratory for Marine Conservation - 1420 Seaway Drive, 2nd Roar - rent Pierre, FL 34449 - phone 772 - 467 -t600 - fart 772 -467 -1602
www cca Morca.erg
46 of 161
RA Dr. Leesa Souto
U1A W1
Executive Director
Marine Resources Council of East Florida, Inc.
Evidence to Support Strong Urban Turf Grass Fertilizer Provisions
This paper summarizes the research needs described by the Florida Consumer Fertilizer Task Force, the
results of the limited research that was conducted in response to that need, evidence from real world
case studies where strong fertilizers have been in effect since 2007, and citations of relevant scientific
literature. The Florida Consumer Fertilizer Task Force reviewed the scientific literature on the topic and
recommended five (5) research projects that should be conducted to evaluate the effectiveness of
ordinance provisions. Consider the evidence from all of them:
I. In situ or "real - world" assessment of fertilizer nutrient leaching and runoff from existing urban
residential lawns. Note: this assessment was attempted to augment the Cisar et al. (2000) "Ft.
Lauderdale" experimental study, for several residential lawns in Sarasota, but results were not reported.
Research has not been completed. Cisar at al demonstrated that slow release nitrogen leached the least
during the summer rainy season compared to quick release products, but results weren't released. I am
working with a team to assess storm water runoff in four Tampa Bay communities and results are
forthcoming.
2. Experimental and in situ assessment of nutrient leaching and runoff from ground cover, native
landscapes, and other alternative landscapes. These landscapes should be assessed for nutrient loss in
conditions of fertilization augmentation and where no fertilization is necessary.
No research conducted.
3_ A detailed mass balance or "box model "study to assess the ultimate sinks, fate and chemical
transformations of N and P in turf, soil, and shallow groundwater systems.
No research conducted.
4. Consumer behavior studies to assess residential urban turf irrigation rates, actual fertilizer application
rates, and other factors with respect to understanding urban turf management by consumers. Analyses
may be nested in a residential subdivision approach to attain trends within communities in addition to
statewide trends between communities across the state.
Residential Fertilizer Study ( Souto et al 2007 -2011) collected subdivision, regional, and statewide,
consumer fertilizer information demonstrating that:
• Homeowners who applied fertilizer to the lawn themselves applied much less nitrogen (N)
than the IFAS recommended rates on average. if they applied the most commonly sold lawn
fertilizer product which is 6% N, they applied less than 1 pound /1000 square feet where the
Professionals were applying 3.5 Ibs N /1000 square feet.
• Homeowners applied fertilizer mostly in April, May and October. When asked why they
didn't apply in the summer, they said things like "It's too hot," "The grass would burn," "It
would wash away," or "the grass is already growing too fast."
• Half of Florida's fertilized lawns are managed by homeowners who are following the
seasonal restriction intuitively. They are happy with their landscapes.
• Homeowners did not "pile on" extra fertilizer in the spring and fall if they were not
permitted to apply in the summer due to local ordinances. They weren't applying fertilizer
in the summer at all.
Marine Resources Council 1
47 of 161
5. Assessment of the Tote of ureo- nitrogen in fertilizer leachate and runoff in urban turf landscapes.
Although urea -N is widely known to rapidly transform into inorganic nitrogen in the soil environment,
whereby it can be rapidly assimilated by turf, what proportion of the ureo -N may actually be lost in
leachate and runoff.'
Research completed by IFAS only addressed nitrate in leachate as summarized below.
Trenholm research (2012) investigates leachate in controlled experimental design not the urban
landscape as recommended. The experiment compared nitrate in leachate when urea fertilizer was
applied to grass during the dormant and growing seasons to conclude that grass takes up more fertilizer
when it is growing, not dormant. This research asks a simple and somewhat obvious question relating to
grass dormancy and leaching. The researcher should not conclude that leaching and uptake are the
same, as no biomass nitrogen content was measured, which would indicate "uptake" rates. The
researcher should not conclude that there is less fertilizer run -off in the summer from the leaching rates.
The research does not consider the soils where nitrogen can be stored indefinitely; it doesn't consider
the fertilizer taken up by the grass which will be cut and end up breaking down in the soil or possibly the
storm drain; and it doesn't consider all of the forms of nitrogen such as ammonium (NH4) or organic
nitrogen. Although the research cost $7 M and was set up as a Controlled experimental design, the
research failed to construct a nitrogen mass balance to account for the nitrogen to understand where it
went. For this reason, the results cannot be applied to real -world landscapes and it is why the only
peer- review scientific journal article that came out of the research included the following statement:
"While it is outside the scope of this research to determine if impairment of ground or surface waters
will result from application of the currently recommended N rates, this research indicates that these
rates will produce minimal NO3 —N leaching."
The truth is that no storm water fertilizer run -off research has ever been conducted, nor any in -situ or
"real world" assessments of fertilizer nutrient leaching and runoff. Some researchers at the University
of Florida (UF) will have you believe that applying fertilizer during the rainy season is the best time
based on the limited research described above. For years, this same institution supported the fertilizer
best management practice of not applying fertilizer during the rainy season. I don't see any evidence
from the limited research that supports changing this practice.
Residential lawn fertilizer is a significant source of nitrogen to receiving waters.
in Northeast, US— research demonstrated that 25% of nitrogen going to receiving waters (in
general) was from residential turf grass fertilizer.
MACTEC (2009) found that at least 20% of the nitrogen input to the Wekiva River was from
residential turf grass fertilizer, which was equal to load estimates from 6,000 septic tanks in
the same area.
In Pinellas County, researchers found that 79% of the nitrogen loading to Lake Tarpon was
from residential fertilizer use (Leggette, Brashears & Graham, Inc., 2004)
Marine Resources Council 2
48 of 161
There is no evidence that the fertilizer industry has suffered as a result of more restrictive ordinances.
Fertilizer manufacturers responded quickly to develop products that can be applied during the seasonal
restriction (There are over 120 products available on the market). Scott's fertilizer marketing new 50%
stow release products
Florida -owned fertilizer companies benefitted most by capitalizing on new products that can applied in
Florida during the rainy season. These products include micronutrients such as iron, magnesium, and
other beneficial plant needs, they just don't have N or P.
Before the Pinellas County ordinance, 2% of lawn fertilizers at Home Depot were Florida -based
companies, after the ordinance passed, 70% of the lawn fertilizers were Florida based company
products.
Tru -Green opened a new residential lawn care center in Tampa, and hired 175 new workers to help
support the new emerging market.
Professional landscape managers developed new business models to address homeowner needs for
different fertilizers during the restricted season.
Garden Masters of SW Florida manages over 10,000 customers in 5 counties. After Sarasota County
passed ordinance in 2007, they had to "scramble in the first year" to get products developed and find
adequate suppliers. Developed a new business plan to set prices based on "maintenance of a vibrant
lawn" and not on "price oer visit)
Reduced fertilizer use by 200 tonnes /year and chemical costs decreased dramatically.
Fewer fungus and insect problems
Owner said that if the Sarasota County ordinance was repealed, he would stay with his new
business model, which is saving him money and providing a better service to his customers.
Palmer Ranch is a golf course community in Sarasota County which manages 29 acres of St. Augustine
turf grass. With new ordinance, manager started conducting soil, irrigation, and vegetative tissue
analyses to understand nutrient needs and adjusted fertilizer accordingly. In three years, they saw an
immediate improvement in turf quality and saved the organization over $225,000 in three years,
reducing turf replacement costs from $90,477 to 5760 /year.
Marine Resources Council 3
49 of 161
Scientific Literature and Articles
Amundson, Ronald, Austin, A. T., Schuur, E. A. G., Yoo, K., Matzek, V., Kendall, C.,.. Baisden, W.
T. (2003). Global patterns of the isotopic composition of soil and plant nitrogen. Global Biogeochem.
Cycles, 17(l), 1031, doi: 10.1029/2002GB001903
Baker, L. A., Hope, D., Xu, Y_, Edmonds, 1., & Lauver, L. (2001). Nitrogen balance for the Central
Arizona - Phoenix (CAP) ecosystem. Ecosystems, 4(6), 581 -602. doi: 10.1007/s10021 -001- 0031 -2
Bedard - Haughn, A., van Groenigen, J. W., & van Kessel, C. (2003). Tracing 15N through
landscapes: potential uses and precautions. Journal of Hydrology, 272(1 -4), 175 -190. doi:
10.1016/50022- 1694(02)00263 -9
Beketov, Mikhail A. (2004). Different sensitivity of mayflies (Insecta, Ephemeroptera) to
ammonia, nitrite and nitrate: Linkage between experimental and observational data. Hydrobiologia,
528(1-3), 209 -216.
Bijoor, Neeta S., Czimczik, Claudia I., Pataki, Diane E., & Billings, Sharon A. (2008). Effects of
temperature and fertilization on nitrogen cycling and community composition of an urban lawn. Global
Change Biology, 14(9), 2119 -2131. doi: 10 .1111 /j.1365- 2486.2008.01617.x
Bormann, F. Herbert, Balmori, Diana, Geballe, Gordon T., & Vernegaard, Lisa. (1993).
Redesigning the American lawn : A search for environmental harmony / F. Herbert Bormann, Diana
Balmori, Gordon T. Geballe; Lisa Vernegaard, editor- researcher- New Haven: Yale University Press.
Bowen, Jennifer L., & Valiela, Ivan. (2008)_ Using 615N to assess coupling between watersheds
and estuaries in temperate and tropical regions. Journal of Coastal Research, 24(3), 804 -813.
Boyer, Elizabeth W., Goodale, Christine L., Jaworski, Norbert A., & Howarth, Robert W. (2002).
Anthropogenic nitrogen sources and relationships to riverine nitrogen export in the northeastern U.S.A.
Biogeochemistry, 57/58, 137.
Camargo, Julio A., Alonso, Alvaro, & Salamanca, Annabella. (2005). Nitrate toxicity to aquatic
animals: A review with new data for freshwater invertebrates. Chemosphere, 58(9), 1255 -1267. doi:
10 .1016 /j. them osphere.2004.10.044
Cantor, K. P. (1997). Drinking water and cancer. Cancer Causes & Control, 8(3), 292 -308.
Center for Watershed Protection (2000). Nutrient movement from the lawn to the stream.
Watershed Protection Techniques, 2, 239 -246.
Compton, J. E., Hooker, T. D., & Perakis, S. S. (2007). Ecosystem N distribution and delta 15N
during a century of forest regrowth after agricultural abandonment. Ecosystems, 10(7), 1197 -1208. doi:
10.1007/s 10021- 007 - 9087 -y
Decamp, David. (2009). Advisers on fertilizer ban get industry cash. The St. Pete Times, National,
pp. 1A•
Dorsey, J.W. (2009). Lawns as symbols of American values: Is it time for a change?
Interdisciplinary Environmental Review, 9 (1,2), 1 -19.
Driscoll, Charles, Whitall, David, Aber, John, Boyer, Elizabeth, Castro, Mark, Cronan, Christopher,
... 011inger, Scott. (2003). Nitrogen pollution: Sources and consequences in the U.S. Northeast.
Environment, 45(7), 8 -22.
Edwards, T.M., Guillette, Jr, LJ., McCoy, K. and Barbeau, T. (2004). Effects of Nitrate /nitrite on
Two Sentinel Species Associated with Florida's Springs. Final report, p. 89 (Appendix). Prepared for the
Florida Department of Environmental Protection, Tallahassee, FL.
Engelsjord, M. E., Branham, B. E., & Horgan, B. P. (2004). The Fate of Nitrogen -15 Ammonium
Sulfate Applied to Kentucky Bluegrass and Perennial Ryegrass Turfs. Crop Sci., 44(4), 1341-1347. doi:
10.2135 /cro psci 2004.1341
Marine Resources Council q,
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England, G. & Listopad, C. (2012) Use of TMDL Credits for BMP Comparisons. Stormwater. The
Journal for Water Quality Professionals. April 9, 2012. Downloaded on October 7, 2012 from
http: / /www.stormh2o.com /SW/ Editorial /Use_of_TMDL_ Credits_ for_ BMP Comparisons_16777.aspx
Fan, A. M., & Steinberg, V. E. (1996). Health implications of nitrate and nitrite in drinking water:
An update on methemoglobinemia occurrence and reproductive and developmental toxicity. Regulatory
Toxicology and Pharmacology, 23(1 pt.1), 35 -43.
Florida Department of Environmental Protection (2008). Florida Friendly Best Management
Practices for Protection of Water Resources by the Green Industries. 2id printing 2010. State of Florida.
Florida- Friendly Landscaping Covenants, Conditions and Restrictions. (2009, January).
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Program.
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households and its implications for the vegetation of urban ecosystems. Ecosystems, 9, 578 -597. doi:
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10.1016/ j .tree . 2005.12.006
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& Management, 47(5), 737 -755. doi: 10.1080/0964056042000274452
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Marine Resources Council 5
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'Floratam' St. Augustine and 'Empire' zoysiagrass. Journal of Environmental Quality: 41. 793 -799.
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characterization: isotopic data (N, S, O, C, and Sr). Environmental science & technology, 38(12), 3254-
3262.
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hypothesis. BioScience, 25(6), 376 -381.
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Williams, Robert A. (2012, Spring/Summer). Florida springs in jeopardy: An earth jurisprudence
solution. Center for Earth Jurisprudence Groundswell, 1 -3.
Zhu, W. X., Dillard, N. D., & Grimm, N. B. (2004). Urban nitrogen biogeochemistry: status and
processes in green retention basins. Biogeochemistry., 71(2), 177 -196.
Marine Resources Council 7
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WAS and FDEP Publications in Support of Strong Ordinance Provisions
Multiple 1FAS and FDFP publications have been used to support the adoption of strong. rainy season
ban urban fertilizer ordinances in the Central and South zones of Florida:
RE: Turf growing and dormancy seasons: leaching
Dr. Laurie Trenholm's most recent research, upon which she has based previous growing season - related
comments made to the Brcvard County Commission is provided here:
httn: fiea rdcningsoI tit ions. il' as. ull. edulcicc !lacultvi�l This research
was completed in, and applies to, the North Region of Florida; a different Urban 'turf Rule (RULE 5E-
1.003(2) region, a different USDA hardiness zone, and a different growim, season than that of Brevard
County and the City of Orlando. Brevard County and the City of Orlando are located in the "Central
Region."
What is especially remarkable is that had Trenholm's research been done in the Central Zone, it still
would not contradict a rainy season ban in any way. The leaching rates found in the study, although
referred to as "minimal" by Dr. Trenhoim, would add tons and tons of leachate into the watershed when
the cumulative impact is calculated; these calculations were made by the Tampa Bay Estuary Program
for the Tampa Bay watershed and came out to 75.3956 tons per •car (see below):
(.`ring the I.01YEST reporred an utal leaching rate far F.STARLISIIBU St. Augustine grass from the Trenholm study, regardlecr
of applicatlou rates. (see Table 2 of the report = 0.9 k g4ta) applied to lont/med density residential areas in the Tampa Bit),
watershed, lite GOV loads to the sysletu would approximate the values below.
54 of 161
Annual
Reported
learliiug
Ralefrotn
2007 L VI C
Square Mete^ (m2) IIA Study
kg Leached Ms_
Tuns
l,ow Density Residential
412773484.9 41277.35 0.9
37149.61364 81900,87856
40.95044
:tied. Uensili,Residential
347201416.8 34720.1.1 0.9
�12-t, ST127S1 68890.32871
34.445i6
T07AL
1507'.9.1:2073
75.936
54 of 161
br, Trenholm %. research showed a nitrate recovcn, rate of between 20 % -30% of the total mass baltuiee
of applied nitrogen. This reflects the last that N was also lost in ways other than leaching but
volatilization and runoff were not measured or addressed in her research.
RE: IFa1S recommendations related to the use of 50% slow releiLse nitroun
L FDEP -IFAS FYA1 Handbook 200,9 Edition The Florida Yards & Neis7hborhoods Handbook
P 25: "Slow and controlled release fertilizers provide nutrients to plant roots over an extended
period of time. This allows you to fertilize less frequently — and to prevent nutrients from
leaving your landscape and entering waterways, contributing to harmful algal blooms and other
water quality problems... it's a good idea to look for a fertilizer with higher amounts of slow -
release nitrogen."
P 26: "If using a quick release product, apply only up to 0.5 pound of nitrogen per 1000
square feet."
2. 2008 FDEP Florida Friendly Best Management Practices far Protection of Neater Resources
by the Green Industries (Gi BMP Manual) hi its.ulLedufp Murrt_ittd -brn -e 2-
2008.Lxif
P 29: Nitrogen Rate and Frequency: -To limit the environmental impact of your fertilization
program, it is recommended that no more than 0.5 pounds of water - soluble N per 1,000
square feet be applied in a normal application. Total N should be limited to t lb /1000 f12, per
the Urban Turf Rule."
3. General Reconin:endations for Fertilization of Turfgrasses on Florida Soils SL
21 httt):l /edis.ilirs. till. edulpdtYilcs /Lli,fl.1101=10Qrc1f
P 3: "In light of potential environmental concerns it is now recommended that no more than one
half (0.5) pound of the nitrogen in the application be in the soluble form. Thus in order to make
an application of 1 pound of actual nitrogen per 1000 square feet of turtgrass you would need to
use a blended fertilizer product containing no more that 50% of the total N in soluble form
with the rest of the nitrogen originating from a slow - release N source."
P 4: "To avoid burn, never apply fertilizer at greater than the recommended rate of 0.5
pounds of soluble N per 1000 square foot per application.
55 of 161
ltE: fertilizer Application Rates
1. FDEA -IFAS FEV Ilandhook 2009 Edition The Florida Yards fi Nei- thborlmouis I landbck)k
2009FY.%' Yard Cc.,rtifrculiotr Checklist: Items to (qualify for a Florida friendly Yard include:
:Minimal to no supplemental fertilization is used in the landscape "; and "If supplemental fertilization
is used. lawn and landscape beds are fertilized at the lowest of the fertilizer ranues recommended by
the lJF Turfgrass and Landscape Science Programs.' .
2. 2008 FDFP Florida Friendly Best Management Practices for Protection of Water Resources by the
Green Industries (GI B M P Manual) hltP_li n.ils�..�iil.�dul3iill: �;;rii -ind- heap- ria- 12- 200K.ndf*
P 29 Table 5: Fertilisation guidelines for established turrgrass lawns in three regions of Florida
Nitrogen recommendations
(lbs N 1 1000 fl' 1 year)*
Species North
Central South
Bahia 2-3)
24 2-4
Bermuda 3 -5
4 -6 5 -7
Centipede 1 -2
2 -3 2 -3
St. Augustine 2-4
2 -5 4 -6
Zoysia 3 -5
3 -6 4-6
* North Florida is north
of Ocala. Central Florida is defined as south of Ocala to a. line extending from
Vero Beach to Tampa. South Florida includes the remaining southern portion of the state.
RE: Rainy Season Application Bans
1. 2008 FDEP Florida Frietully Best Management Practices for Protection of Water Resources by Me
Green Industries (GI BiMP Manual) Narn- nd_bmp- en- 12- 200$,j2df
P 39: BINIPS FOR TURFGRASS AND LANDSCAPE FERTILIZATION: "Use Fe and/or Mn instead
of N to enhance turfgrass color on soils having a pH greater than 7.0. especially during times of
enhanced rainfall.'
2. FDEP -IFAS FYN Handbook 2009 Edition "ilte 1:1orida Yards K Aleighhprhoods Hnadhook
2009 FYN' Kwd Certification Checklist: items to Qualify for a Florida Friendly Yard include:
"If a lawn is present, iron is used instead of nitrogen to "green -up" the lawn in the summer rainy
season."
56 of 161
3. General Reconrmendationsfor Fertilization if Turfbrasses on Florida Soils SL
21 http:l o' edi,. ifsts. nli. cdtt,' l�diti lc[.I.iil.11tl!�(ltl.ncfl'
P 4: "Many times turfgrasscs, such as C entipedegra», Bahiaprass and St. Augustinegrass, turn yellow
during the summer due to lack o N i'crtilizer. However, fertilization with N in the summer is not
always desirable since this often encourages disease and insect problems. Many times the addition of
iron (re) to thcxe grasses provides the desirable dark ;green color, but does not stimulate excessive grass
growth which follo►vs N fertilization:'
4. Frequent& Asked Questions about Florir la- Frie.-ullr.Landticaping ENH 1113 Jan
2009 hit p: /iedis.iras.ufl.edLLIWO14
P 2: Question 3: What arc the best ways to prevent water pollution? Bullet t!5 "Apply an iron
source instead of additional fertilizer in the summer to keep grass green ►without increasing growth."
S. The Florida Lawn Handbook. authors Lauric G. Trenhohm and J. Bryan Unruh, is not available online,
however copies can either be ordered from (JuivcrsifY Press ofElorida or accessed at a local county extension
office. The Florida Lmrij IIrmd nok details the growing season (months when fertilization is recommended)
for the Centml Region that includes Fcbntary. March. April, May October and November, all outside of the
summer rainy season.
6. On January 15, 2013 OF -IFAS faculty presented research results that actually confirm the successful
experience with rainy season bans. A "Blackout Test" (Cisar) showed that turf, growing in the region
between Orlando to South Florida. can ►►,ithstand the four months of summer fertilizer -free without any
meaningful decline in health. A separate study's results (Sartain) confirmed that the use of quality, higher
percentage slow release fertilizer means that turfcontinues to he fed long after the last application prior to the
beginning of summer. The link to these research results is:
Itttp: l/ publiciii es.(l cJf. state. ti. usil)}. AI Z /'nonpc)inti% \'?1-186()`io?UI) A'I'A:'WIVi869 ° "// 2QC'ompletcci %2OStu
clicti %20Report°.. 20\--f,Iv l 2012.114 t` Please especially see pages 76 -91,
Excerpt from page 76:
I lowever, l f PCU I provided more consistent turf (luality relative to urea, which induced higher
ratings immediately following applications but had lower quality in the last quarter of several
cycles. Based on these data for a 6 -month period. of time, wider urban fettiliierrestiictions, UPCU I
may offer a legitimate ahernative to frequent urea
applications.
Excerpts from page 77:
More. importantly, both yield and turf" quality did not differ significantly (P >0.95)-,betweeni)PCU2
and urea in the latter stage of each 120-d cycle (Table 55 and 56); indicating a go d overall
agronomic perfortmance.
57 of 161
s
Both PCUI and BS provided acceptable turf quality of comparable 150 -d periods. Initial responses
were considerably slower. 32 laAT for PC I 1 compared to 13S where quality was deemed acceptable 9
DAT. however. weighed against other SRNS. PCIJ stimulated superior quality ratin =s (P <0.05) for a
large proportion of this cycle ('fable >a). The data also indicates that all SRIVS tested would be
capable of sustaining adequate turf quality for the 120 -d fertilizer `black out' period imposed by
certain local legislative bodies. Both PCU and BS at this rate provided adequate turf quality for an
extra 30 -d period. denoting the potential to reduce application rates to provide sufficient turf quality
for enforced black outs.
Lxcerpt from page 82:
The preliminary data suggest that both BS and PC'U applied before summer fertilizer -black out'
periods at 147 kg N ha -1 may have limited environmental implications. Both sources resulted in less
than 0.5% of applied N leached and produced good quality St. Augustinegrass for durations -in excess
ol'the 120 -d 'blackout' period.
See also graphs on pages 90 -91.
58 of 161
Tampa Bay Ha.; More Scagrass Thanks to Reduced Nitrogen Pollution : The Outdoor Wire Page l of i
SLIMUT RELEASES ADVERTISC ARCHIVES CONTACT
Ih,j : hv, Fvin a =:,y 7, M)..!
Tampa Bay Has More Seagrass Thanks to Reduced Nitrogen Pollution
7-me collaborative approach u5od to reduce nitrogen pcllu: ion in Tamra
Bay has been formally designated by the U.S. Envirranmerital ProtlacUon
ds rneetiny new federal standards for Hater clualay.
This important milestone means that state and federal regulators agice
:hat Tampa Bay's nutrient management Strategy is sufficient to achinva
the water quality targets tt!ey have established for the bay.
7hiS i$ a great exarnple of how total, state and sederal entlttes can work
tor
xcther, with our public and private partners, to develop Me Strong,
t'echniCal basis fteeded for effective policies tor clean vv3rcr9 ;grid the
aquatic resources that they support," said TBEP Executive Director roily
Greening,.
I=PA released its Numerir- Nutrient Criteria last month, adoptM9 tale standards developed by the Florida Departmert
of Environmental Protec.lon to protect recreation and a hcalthy- well- tialancea ;population of fish and witdlife, DEP
had previously determined that the nitrogen mdijagernent approach developed by TBEP and the Tampa Bay
Nitrogen Management Consortium would address state wirer quality targets.
Tampa Say now has more seagrass than at any time since 1050
i
By implementing a variety of potlution- control projects, the Nitrogen Management Consortium -- a partnership of i
local and state agencies and key industries impactinq the bay -- has reduced nitrogen loads to the bay by more J
than 100 tons from 2007 -2011, and more than, 500 tons since I996.
This Cooperative approach has resulted in overall water clarity to Tampa Bay equal to that of the 1950s, as well as
more seagrasses than at any time since then.
THE GUTDOGR WIRE DIGITAL IlEn YORK > THE FISIANG WIRE: THE SHOOTIIIG WIRE: THE TACTICAL WIRE: THE DEALER MIRE
- _ C<�rrrgnr .'Jt7 1h.; cvaao« '•v:: � U: ^R..l!•le�t +n:.:. »tt {:r�R[5 ittxtnti•, :.
http: '-,N -Nv ,t.hcotttcloorwire. con ,stor,,•P13(i022GS-lSh0207cmSxh5
J
591(2/ 30201
What have we learned from strop fertilizer ordinances that have existed on the
west coast of Florida since 2007?
2. Easily understood by public
2. Easier to enforce than the model ordinance
3. Enables use of professional public education material already developed
by Tampa NEP
4. Creates no negative impact on lawns
5. No negative economic impact on lawn care companies
6. Reduces nutrient loading
7. Seagrasses are recovering!
60 of 161
r
iNDIAN RIVER LAGOON COALITION SUPPORTERS 10/31/2013
MUNIC:IPALiTIES
1. Citv of Fellsmere
2. Citv of Sebastian
3. City of Vero Beach
4. Indian River County Board ol-County
Commissioners
5. Town of Orchid
6. Town of Indian River Shores
NON- PROFIT ORGANIZA'T'IONS
1. Anglers for Conservation
2. Archie Carr National Wildlife Rufuge
3. Audubon Florida
4. Center for Spiritual Care
5. Democratic Women's Club of IRC
6. Environmental Learning Center
7. Eugenia Chapter of the Florida Native Plant
Society
S. Every Dream Has A Price
9. Florida Oceanographic Society
10. Friends of the St. Sebastian River
11. Garden Club of Indian River County
12. Gifford Youth Activity Center '
13. Indian Riverkeeper
14. Indian River Community foundation
15. Indian River Land Trust
16. Indian River Neighborhood Association
17. Keep Indian River Beautiful
18. League of Women Voters of Space Coast
19. Main Street Vero Beach
20. Mangrove Garden Foundation
21. Marine Resources Council
22. Ocean Research and Conservation Association,
Inc.
23. Partnership for a Sustainable Future, Inc.
24. Pelican Island Audubon Society
25. Pelican Island National Wildlife Refuge
26. Save Our Shares
27. Schacht Groves
28. Sebastian Charter Jr. I Iigh Board of Directors
29. Sebastian Charter Jr. High FacultylStaff
30. Sebastian Charter Jr. high PTSO Board
31. Sebastian Fishing Club
( i)
32. Sierra Club - Turtle Coast Group
33. Sustainable Indian River, Inc.
34. Treasure Coast Progressive Alliance
35. Vero Beach Choral Society
36. Vero Beach Ducks Unlimited Chapter
37. Vero Beach Power Squadron
38. Visiting Nurses Association of the 'Treasure
Coast, Inc.
39. Youth Guidance Mentoring Program
BUSINESS / PROFESSIONAL
ORGANIZATIONS
1. A -I -A Property Management
2. Adventure Kayaking
3. Alex MacWilliam Inc. Real Estate
4. Alexander Insurance Co.
5, American Institute of Architects (AIA) -
Treasure Coast Chapter
6. Angela hove, Midwife
7. :'Aquatic Research and Communication
8. Art of'Smiles Dentistry
9. ASCORF., Mobile Notary Services
10. Atlantic Financial Services
11. Atlantic Turf & Ornamental Consulting, Inc.
12. Banov Architecture PA & Banov Construction
13. Best Industries, Inc.
14. Bio Green of IRC
15. Brandt's Appliance Service, Inc
16. Brewer International, Inc.
IT Capt'n Butchers
18. CapLHiram.'s
19. Central Window of Vero Beach
20. Chelsea's On Cardinal
21. Citrus Grillhouse
22. Classic Car Wash
23. Climatic Solar Corp.
24. Coastal Tech Corp, Inc.
25. Crab -E -Bill
26. Creative Children
27. Dag%vood's Deli and Sub Shop
28. David Cox Consulting
29. Dean Wellness Institute
61 of 161
30. Don Smith's Paint Store
31. Don Wright Real Estate. LLC
32. East Coast Lumber Company
33. El Prado
34. Elliott lMerrill Community Management
35. Estuarine, Coastal and Ocean Science, Inc.
36. fantastic Finds
37. Father and Sons Carpet
38. Florida Environmental Consulting, Inc.
39. Florida Organic Ayuaculture
40. french Quarter Restaurant
41. Gould and Associates, PA
42. Harbor Shell
43. Health way of Vero Beach
44. If You Died Guide
45. Infinity Golf
46. J & G Organics
47. Joey's Seafood Shack
48. Kevin S. Doty P.A.
49. Kirschner's Lawn and Landscape
50. Lan-y Landsman, MD, PA
51. Laura Lee Furniture
52. Lemon Tree Restaurant
53. Lighthouse Art and Framing
54. Marsh Landing Restaurant
55. Mary Mack gleaning Service
56. Match Well Made LLC
57. Moor & Associates Architects
58. Ocean Grown Inc.
59. Past and Present Interiors
60. Patty's Printing, Inc.
61. Perkins Indian River Pharmacy
62. Petite Shop
63. Pomodoro Grill
64. Professional Outfitters
65. Quality V Plumbing, C,I,C
66. Re /Max Beach and Beyond
67. Republic Services ,
68. Sandman Furniture Repair
69. Sea Turtle Toys
70. Shells and Things. LLC
71. Smart Solutions
72. Sunshine Furniture
73. Surlaterrre Landscape Architecture
74. Treasure: Coast.eotn
75. Tropical Kayak Tours
76. Vascular Interventional and Vein Associates
77. Vero Beach Book Center
78. Vern Beach Weightlifting
79. Vero Commercial Management
80. Vero Heritage Inc.
81. Vero 'Marine Center
82. Wellness Center
83. Wild Properties. Inc.
84. Will's 55 Restaurant
85. Wire Wheel Classic Sports Cars, Inc.
PROPERTY OWNERS
ASSOCIATIONS/CLUBS
I . Moorings Yacht and Country Club
2. Pebble Bay Homeowners Association
3. Peppertree Homeowners Association
4. Roseland Community Association
5. Sea Oaks Property O «Hers Association
6. Sebastian Property Owners Association
7. South Beach Property Owners Association
8. Vero Isles Association, Inc.
FAITH BASED ORGANIZATIONS
1. Christ By the Sea United Methodist Church
2. Indian River Ministerial Association
3. Social Justice Committee of the Unitarian
Universalist Fellowship of Vero Beach
ALUMNI ASSOCIATION
1. Brown University Club of Treasure Coast
2. Dartmouth Club of Vero Beach
3. Harvard Club of Vero Beach
4. Princeton Club of Vero Beach
5. Smith College Club of the Treasure Coast
6. Vassar Club of Vero Beach
7. Yale Club of the Treasure Coast
SERVICE ORGANIZATIONS
1. Exchange Club of Indian River
2. Exchange Club of Vero Beach
3. Kiwanis Club of Vero - Treasure Coast
4. Rotary Club of Vero Beach Sunrise
62 of 161
Indian River Lagoon Coalition
"A Call to Action"
Our Indian River Lagoon is on life support, dying before our eyes. This is a
call to develop a unified plan to work together to restore the Lagoon before
it's too late.
The Indian River Lagoon's seagrass beds are the biological foundation of the
1S6 mile long estuarine ecosystem which supports the coastal economy of S
counties. This ecosystem is in dire need of our directed, concerted
assistance. We recognize and commend significant efforts by government,
individuals and organizations that have contributed to the knowledge of the
lagoon and its varied habitats, increased awareness and worked to correct
some of the problems.
Unfortunately, continued degradation of the Lagoon indicates that those
efforts have been insufficient. Success in turning this trend will require the
leadership and financial support of federal, state, county and city
governments in cooperation with non - profit organizations, corporations,
small businesses and individuals. Government leadership is essential to
solve this problem because it has the power to construct improvements,
regulate, fund, enforce, acquire land, mitigate and provide services.
Research and monitoring of the Lagoon provide data that demonstrate the
gravity of the problem, but simultaneously can guide us towards future
solutions necessary to revive the Lagoon.
1. Seagrass coverage is the prime indicator of the health of the Lagoon (1).
During a two year period (2009 -11) there has been an estimated 43%
loss in area covered by seagrass which is equivalent to approximately 53
square miles (2).
2. The Lagoon contributes $3.7 billion to the coastal economy annually (3).
Seagrass productivity contributes between $10- 20,000 annually per acre
per year in economic benefit (4). Based on seagrass losses over the last
two years the economic loss is approximately $340 million annually (5).
3. Pollutants are degrading the Lagoon. Lesions on fishes and sea turtles,
flesh- eating fungus on dolphins and fish kills are increasingly common,
demonstrating declining habitat quality (6).
4. Habitat loss of seagrass beds, mangroves, oyster reefs and wetlands is
affecting the viability of lagoon and ocean fisheries, as well as bird and
manatee health and will continue to decline unless action is taken!
63 of 161
5. High nutrient inputs to Lagoon waters result from storm water releases,
runoff, seeping septic systems and overflow events at sewage treatment
plants. The cumulative results of those events reduce water quality
creating a chain of negative impacts on the Lagoon, including recent
algae superblooms.
The health of the Indian River Lagoon is a foundation of economic viability
and social wealth for the Treasure and Space Coasts. An overall vision and
viable plan to restore the Lagoon back to health is the top priority. We the
undersigned believe a successful Lagoon remediation will require
government leadership and community commitment by all. We cannot delay
- the future of the Lagoon is in our hands and must be addressed on our
watch.
This document is a "Call to Action" for our governments to accept this
leadership role.
Individual:
Organization: _
Contact Person:
Address:
Telephone: _.
Signature
Return to one of the following:
E -Mail:
John Orcutt Doug Graybill
4665 Pebble Bay South 500 Palm Island Lane
Vero Beach, FL 32963 Vero Beach, FL 32963
ulex dbellsouth.net Dougr�Gra _y�il1Group.,com
Date
Patricia Tierney
3275 Dixie Hwy, N.E.
Palm Bay, Fl 32905
References:
1. IRL NEP, Indian River Lagoon National Estuary Plan. 2008. Indian River Lagoon
assessment and analysis update, final report, contract no. 24706. Indian River Lagoon National
Estuary Program, Palm Bay, R.
Steward, J.S., R. Brockmeyer, R. Virnstein, P. Gostel, P. Sime, and J. VanArman. 2003. Indian
River Lagoon Surface Water Improvement and Management (SWIM) Plan, 2002 Update. St. Johns
River Water Management District, Palatka, Florida and South Florida Water Mangement District,
West Palm Beach, Florida
2. St John's Water Management District; preliminary data
3. Environmental Protection Agency, National Estuary Program, 2007
4. Dennis Hanisak, PhD, Harbor Branch Oceanographic Institute, personal communication
5. 33,920 acres of seagrass loss in the IRL from 20092011 x $10,000 /acre /year
6. Edith Widder, PhD, Ocean Research and Conservation Association, personal communication
64 of 161
Phosphorus as P
Roberts Bay Venice
(103 measurements)
500.00 .Effective Dates-of Sarasota & Venice
I Urban Fertilizer Ordinance
00.01� .................. .j..... ...... ...... ................... ..................... ............................... _ ................... ............................... _ ....... ...............................
CL i
.00 ...................... ............................... .........4............ ............................... ...................... ............................... ........ ...............................
30
2� i
0 i
CL
200.00 ...... .... . ........... .................. ..a....... ................................¢........ ...............................
100.00 ................. .................... ............................... .......: ................. .4............... ....
.. .... . .. .. . . .. . ...........
� � .a r
i r N
0.04
1 j 112004 11112006 111/2008 111/2010
Sample Date
— Phosphorus as P
Phosphorus, which is eliminated unless a soil test demonstrates that it is needed, displays
dramatic decreases after the effective dates of Urban Fertilizer Ordinance in Sarasota County
(8/27/2007) and in the City of Venice (10/15/2007).
65 of 161
Nitrogen, Ammonia + Ammoni!1.m as N
Roberts Bay Venice
(103 measurements)
Effective Dates of Sarasota & Venice
140.00- Urban Fertilizer Ordinance
t
:3 12O. a a ...... .................................................... ......... p.............................. .. 1 ...... p....... ..................... .......................... o..........................................
,C t 3 =
100.00 ...... .... ................... ............................... .............................. ..... ................... ............................... _ .............. ................... ........
CZ80.00 ...... ......¢ ............. ................... ............... -0............... ......... .......4............................................................. ...............................
aa. as .... ... _ ........... .............................. ............. .... ...................... .. ............................... ...................,
..... ............ ............ ............. ..... ........... ...._ .......... ................
40.00- ,.
�. .. Q. as .... q {
0.00
1,11,x. 004 1/112006 N1112008 11112010
Sample Date
Nitrogen, Ammonia + Aninwnium
as N
Ammonia /ammonium is the most toxic form of nitrogen. Urea and ammonium nitrate are
commonly used fertilizer in the commercial landscaping market (Beverly et al, 1997). Bacteria
break the urea molecule into 2 ammonia molecules. http: / /horttech.ashspublications.org /content /7L4 /442.short.
66 of 161
W
:1 11
Z
0
Ca 60.00
Z
40.00
Z
20.00
Z
WO
N trogen, Nitrite + Nitrate as N
Roberts Bay Venice
(1.22 measurements)
Effective Dates of Sarasota & Venice
1l1
Sample date
Nitrogen, Nitrite + Nitrate
as N
11
Nitrite and Nitrate is another species of inorganic nitrogen commonly found in lawn fertilizers.
67 of 161
F
D%sso[ved. Oxygen (DO')
Roberts Bay Venice
(297 measurements)
Effective Dates of Sarasota & Venice
10.0 € Urban Fertilizer Ordinance
I
� ..... ........¢_ ......................• 1 ...................... p........ .................• .............. " ................................. ._....................... ................ .............
0
-✓ f
6.00- .... ...... .... i ...... ..... .. ....... ... ......... ... �. ...
.f.. 7......... ..i.........
�y r^ti i 7
0
' 7 . •? f ............ ....... ! ............ ....I . t............... 5 ....... .......................... ..... ............ ? ....... ........
6
t f
2.00 .....................y................ ......... ; ........................... s ........................... .... ,i ....................... a ........................... i
........................... a............
.
i f
(�
� f
0.00
1/16004 11,120D5 1 i 1129a6 1 1 1'200 1 i 1,2, 009 112010 12010 1 i 1; 20 11
Sample Date
D issolved Oxygen (DO)
High dissolved oxygen is a mark of a healthy estuary. Levels below 4 mg /I are below Florida's
standard. Since urban fertilizer ordinances have been adopted, levels have not been measured
below 4 mg /I.
68 of 161
r
400.000.00
200,000.00
MR
Karenia brevis
Rober-ts Bay Venice
(72 measurements)
eats)
Effective Dates of Sarasota & Venice
U
S j
j
........j ......... ...... ....................... .......
�.�. =.a =
)an Fertilizer Ordinance
i
......................... .. ............................... . . ............. ........... ,.......
j
i
i
j
.................. ................. j.......................... .......... 4.................................... j..................
S
................................... ................ .................... .................................... j..................
.
1
3
1/112006 1 / 1 /2007 11112008 11112009 1/112010 1,1 /2011
Sample Cate
Karenia brevis
The link between urban fertilizers and red tide (Karenia brevis) have not been confirmed.
However, red tide has not been measured in Roberts Bay (Venice) since adoption of urban
fertilizer ordinances. 69 of 161
OENH
UF FLORI1�A
ITAS Extension
Frequently Asked Questions about Landscape
Fertilization for Florida - Friendly Landscaping
Ordinances)
Sartain, J.B., L.T. Trenholm, E.F. Gilman, T.A. Obreza, and G. Toor2
These days, water quality and quantity are
imlxmlyant issues that are on everyone's mind. Thee
Frequently Asked Questions address common
concerns related to irrigation, and fertilizer. These
FAQs draw on extensive OF /lFAS research, and were
created to help guide government officials in
developing regulations based on science.
1. How did UFAFAS come up with its
recommendations?
Lawn
UFIFAS' nitrogen fertilizer recommendations
arc based on many years of research on different
iurl'grass species and regions of the state where they
are grown. Turfgrass color, density, and la N
concentrations were used as a basis for determining
when additional N fertilization was required.
Phosphorus recommendations, as outlined in the
current Urban Turfgrass Fertilizer Rule, are based oil
the quantity of 1' required to maintain a minimum
tissue P concentration as determined by a standard
soil test (Nichlich -I P soil test level).
Potassium recommendations are based on
Mcltlich -I soil test and required tissue K Ievels.
(Dudeck ei x1.1982; Liu et al. 2006; Liu et al. 2008;
Li if et al.. 2008, Sartain, 1993; Sartain, 1996; Sartain,
2(X)2; Sartain. 2007: Sartain, 2(X)8; Sartain, 2008;
Trenholm & Unnlh, 2005; Trenholm & Unruh, 2007).
Landscape
'l'ree and shrub recommendations are based on
about 25 studies conducted over the last 70 years,
some of which were conducted in Florida.
2. What are the UFIIFAS fertilizer
recommendations for turfgrasses in
Florida?
Specific recommendations for fertilization of
turfgrasscs in Florida relative to times of year, when
to apply and specific nutrient sources and rates can be
found in Sartain (2007).
I . This document is FNII I t I5, one of series of the I nvimamental Horticultum thpartment, Floridn Conpemlivr. Fctcnsion Scrcice. lnKtilute or Food and
Agricultural Science,, Univets;ty of Florida. original publication date 0elryn1xr 2008. 14cvised lanuary 14. 2009. Visit the EDIS web site at
htip:1lcdic.ila. <.utl.edu _
2J. H. SalYttro, professur. Dcpartment nr Soil .aid Water Science: F_ T'.'I renholm. saw6aue professor: 1-. F. Gilman, professor. Ikparunew of Fnvironmcntul
Horticultural S6ctcvs ;'l'. A.Obrrza, professor. Department of Soil and Wat- Scions; GA'wr. ;assistant pmfessor. (;ulf Cnast hrseaclt and Ummliun
Cenler - B:dm; Instinue of Food and .Agricultural Scicnecs, IJni%vrsity of Hnrida. Gninrsville.11 32611.
The Institute of Food and Agricultural Selenees (IFAS) is an Equal Opportunity Institution authorized to provide research, educational information and
other services only to individuals and Institutions that function with non-discrimination with respect to race, treed, Color, religion, age, disability, sox,
sexual orientation, marital status, national origin, political opinions or afRllarrorrs. US. Department of Agriculture, Cooperative Extension Service,
University of Florida, IFAS, Florida A_ & hL University Cooperativo Extension Program, and Boards of County Commissioners Cooperating. It9illre
Ferrer, Interim Dean
70 of 161
Frequently Asked Questions about Landscape Fertilization for Florida - Friendly Landscaping.... 2
Generalized N rates relative to turfgrass species
and rcgiQri of the state follow:
Table 1..Recommended fertilizer rates for various home
lawn grass species.
Species /Location
Interim N
Recommen
dations
(Ibs 1000
ft,
Bahia grass- North
2 -3
Bahia rass- Central
2 -4
Bahia rass- South
2 -4
Bermuda rass- North
3-5
Bermuda grass- Central
4 -6
Bermuda rass- South
5-7
Cenfi ede rass- North
1 -2
Centi ede rass- Central
2 -3
Centi ede rass - South
2 -3
St. Au ustin rass- North
2 -4
St. Au ustin rass- Central
2 -5
St. Au ustin rass- South
4 -6
Zo sia rass- North
3-5
Zo sia rass - Central
3-6
Zo is rass- South
4-6
' Homeowner preferences for lawn quality
and maintenance level will vary, therefore a
range of fertility rates for each grass and
location are recommended. Additionally,
effects within a localized region (i,e.,
micro - environmental influences such as
shade, drought, soil conditions, and
irrigation) will necessitate that a range of
fertility rates be used.
"These recommendations assume that
grass clippings are recycied.
3. What is the best fertilizer for
turfgrasses in Florida? Should
different fertilizers be used in the
spring, winter, or summer months?
This answer varies depending on the use, water
stress. and microclimate of the environment in which
the grass is grown. In general. homeowners should
ucr a fertilizer with sortie of the nitrogen in
s - release farm. Fertilizer should not be applied
during the winter in North Florida.
tr
In the early spring, mixtures containing a higher
Percentage of soluble than slow - release fertilizer
materials should be used, e.g.. 70 percent water
soluble and 30 percent slow - release. During the
summer, a mixture containing a higher percentage of
slow- release materials, c 50 percent. should be
used. A description of fertilizer materials used in
lawn fertilization can be found in Sartain & Kruse
(2001).
4. Are the current fertilizer
recommendations based on
environmental water quality
protection?
No. Research at UFAFAS has traditionally. been
based on turfgrass quality. Current research is aimed
at determining the impacts of fertilizer rate and
management on the amount of fertilizer (Caching
through turfgrass. Research oti ton -co ats
tipecC+� .. .
tinder norrnal conditions. has,shownthat residential
turfgrass can absorb at least 03 to 1.0lbs of applied
soluble N and. up to 025. lbs,phosphate per 1000 sq ft
without negative environmental impact on svbsurfam
water quality. (Sartain, 2008; Uu`et al., 2.0038)-:
Tuifgrass is an-excellent nawral.iiltef=fOr
nutrients provided rates -do not exceed UNIFAS
recommendations. Fertilizer applied accidently to
non- per%rious stufaoes (roads, sidewA11 , dii a vet's
etc.) is likely to be washed in to stotmwater`4 d
impact local. vMter quality.
5. Under what conditions is fertilizer
leached or contained in runoff from
turfgrass and landscaped areas?
Leaching may occur when fertilizer is applied at
rates that exceed I TiIFAS recommendations
(Trenholm & I lnruh, 2007). or following heavy
rainfall (ibid.; Erikson et al. 2001).
The only time N was detected in runoff from St.
Augustine plots •in South Florida was durtng:an
extT=e rainfall event (ahun-irane), an i ghee ien;
71 of 161
Frequently Asked Questions about. Landscape Fertilization for Florida - Friendly Landscaping.... 3
the N concentmdon in the runoff- was-lower than the
N concentration in the rain water (Erieicson et -al.
2001).
G. Is the amount of fertilizer that may
be leached or contained in runoff
affected by rainfall amounts? If so,
will a "blackout" of fertilizer use
during the summer reduce leaching
and runoff? Could there be any
unintended consequences of a long
(three- to four- month) blackout
period?
Hea« rainfall shortly after fertilization (prior to
fertilizer being watered in properly) may cause
increased leaching or ntnoff. However, the lack of
nutrition during the active growing period of our
warm- season brasses (summer) may cause loss of
grass, increased weed infestation, soil erosion, and
other problems that may increase runoff .. Runoff was
collected only under extreme hurricane conditions
from St. Auguslinegrass growing on a 10 percent
slope in south Florida, and the concentration of N in
the runoff water was reported to be lower than that in
the natural rainfall (Erickson el al., 2001)_ During a
grow -in of bermudagrass on a 10 percent slope, 0.03
percent of the applied N was collected in the runoff
from plots irritated at twice ET (Shaddox & Sartain.
2000).
Whether banning fertilizer use in the summer
will reduce leaching and runoff has not been fully
addressed by research at the moment.* S-0 'MY
of St_Augustinegmsslavvi>stp.� da d
on tissue N conceacratton t,gge t -taivns that
did -not- ve mk-rtilizafibh 4,aq 'blaielooue
period -tad low levels of N which- ;6ttid t d'to
inferiot tt"grass> gnaHty:.axid ui t °af» tty�of -the
turfgrass to filter- appliedmt tneag: =lam this rea§on,
O F /1FAS recottmends ferfi imd ddftft
summer rmr►tlts.at rteeomm ettded.rateabne
application of c:onaoiled r+eiPAW rttlizerarad- it!on) to
maintain uali -- - _ _
q . ,h'.t;ufgrass. Ttie loiy sttm#nea
fertilization late .ieeommo ded by ;17FAFAS.help
unaintatn healthy riiif and niautize leaching! wiii}e
keeping maintenance Iovv.
2.
Turfertss roots are responsible for nutrient
UPC.-Ike. Research has shown that the root mass of
surfer ss is limited in the early sprint;. reaches its
mit_ximum weight during the months of R7ay, June,
July, and .'august: begins to decline during
September. C)rtolvr, and November, and is at its
minimum during dormancy (Sartain, 2002).
Turferass also accumulates its largest quantity of
nutrients during its most active growing period, that
is, during the months of May, June. and July (Sartain,
2008).
If turf is not fertilized during the summer months
when the grass is most actively - rowing and the root
system is at its maximum, the potential for declining
health and nutrient leaching inertases. One of the
possible responses of the public, if a ban on summer
fertilization were enacted, could he to apply-
additional fertilizer before summer to "carry" the
tudgrass through the season. followed by appiic:ation
of more fertilizer in September to aid the turfgmss
recovery. Extra fertilizer applied in the spring may
result in .additional nutrient leaching due to a higher
rate of application and a smaller root mass.
Additional fertilizer applied after the ban will result in
more leaching due to the higher rate of fertilization
and the reduction in root mass during the fall. Thus,
ban-nIngferMizat daibikth&==ermosi4iimy
trt+iiti renal in more leachiag�dtte io .application= t�nung
and-rate and reduced root roivth. I.seic s tme
fe—ili on may- also result in unhealthy turfgmss,
f.vhi61as,been shoi vn- to, 'l+each more nutrients than
hd9thy'turfgmss (Rosen �ff al... 2008).
7. What is the recommended
fertilizer -free area for protection of
Florida water bodies?
As recommended in the Green Industries BMP
manual, the fertilizer -free lone for protection of
water bodies is a minimum of either 3 or 10 feet,
depending on soil type, slope, and type of fertilizer
spreader- The minimum'shoaldbe3 feet wheme`ither
tt:drop'spjiftdir, rotary :spreader w'thA fledoi-shield,
or handheld hose sprayer ts•used. The nifi imam
should =fie 1.U, fed when'a rofary:. Sp=der Wiftitta
deflector shield is lseid.
72 of 161
Frequently Asked Questions about Landscape Fertilization for Florida - Friendly Landscaping.... 4
'these recommendations are not based on a
specific scientific study but on best informed
judgment and anecdotal evidence of sharp contrasts
typically observed bet►vecn fertilized and unfertilized
turfgrass. suggesting that the applied fertilizer
materials did not move freely down the slope. Thus.
the chosen buffer zones appear side and not prone to
contribute to non -point source pollution (NPSP). Not
fertilizing a wide strip may lead to a large area of
unhealthy turf that can lead to increased soil erosion
and increased NPSP.
8. Are leaching and runoff different
between quick- and slow- release
fertilizers?
The results of our research suggest two things: 1)
St. Augustinegmss can accumulate I lb of N per
1,000 sq ft without negative iN leaching impact when
IF-AS recommendations are followed (Sartain, 2(X)7).
and 2) the form of N applied at the I lb per ISM sq ft
rate does not matter. Due t(i _tarp's abilityfto filter
nutrients; if any ,f Zea+ is' applied-if#he. t'rates
and in the corr* misun4,= neither will reUnmuch
leaching Pr runoff -stn i±esult will cliffer:v y little
(Park, 2006).
9. Does reclaimed water reduce the
amount of fertilizer needed for
Florida landscapes?
Reclaimed water may contain plant nutrients,
especially N and P, which may need to. be considered
in any fertility program. It is not clear that all the
nutrients in reclaimed water are available for plants.
Over- application of, and high salt content in,
reclaimed water may damage turfgrass roots.
Applying too much reclaimed water may cause
ninoff and contamination of the local waterways.
Not all reclaimed water contains the same
concentration of N, and the analysis can vary daily.
'Thus, one should obtain a representative analysis of
the reclaimed water and adjust the rate of applied
fertilization based on the amount of reclaimed water
used. The nutrient content of reclaimed water can also
vary greatly depending on the processes used by a
particular water reclamation facility. Water
reclamation facilities, in general, have not yet begun
to educate their customers about the nutrients they
are receiving. LIF/IFAS can play a role in educating
the public on the "five" e." fertilizer in reclaimed
water: however. some of the suppliers of reclaimed
►eater have iio% %- started charging for it (Ruple et al.,
191).
One of the problems with reclaimed water is the
salts that it contains. tinder normal m. nfall
conditions. salt accumulation is not generally a
problem in Florida, but it may become a problem
with high use of reclaimed water. With prolonged use
during drought conditions, salts may accumulate in
the not zone, limiting root growth and water uptake
( Harivandi. 1982).
10. At what rate do grass clippings
decompose and release nutrients
back into the soil? Will returning
clippings to the lawn reduce fertilizer
requirements?
Turfgrass clippings vary in composition of lignin
and cellulose relative to species, which determines
the rate of decomposition. In addition, soil
lempertture and microbial activity influence
decomposition rate. Typically, bermudagrass and
centipedegrass contain higher levels of lignin and
cellulose than St. Augustinegrass (Sartain & Volk.
1984).
In general, turfgtass clippings will almost
completely decompose within two to four weeks,
depending on the turfgrass; species and the climatic
conditions. The quantity of nutrients released back to
the turfgrass depends on the nutrient concentration in
the tissue and the growth rate of the turfgrass (Koop
& Guillard, 2002: Sartain, 1993, Sartain, 2004).
11. What scientific evidence is
available to show that nitrogen
added to the lawn is removed
through denitrification? What
percent of the applied nitrogen can
be accounted for by turfgrass use
and denitrification? What happens to
the remainder of the fertilizer?
73 of 161
Frequently Asked Questions about Landscape Fertilization for Florida- Friendly Landscaping.... 5
Numerous research studies sugg st the following
about N applied to turfam, sses: 40 to 70 percent is
taken up by plant, 5 to 10 percent is retained in the
sail. caul 0 to 25 percent is leached (Brown & Sartain,
20()3). Thus, thy: remainder (55 to 0 percent) either
denitrifies or volatilizes. Some fertilizer materials arc
subject to loss of N through voladlimtion (Volk,
1950). Studic-s have suggested that as much as 30 to
70 percent of the applied N in urea can be lost through
volatilization (Folk. 1961). Ammonia N can also be
lost from surface application of ammonium source
fertilizers applied to high pH soils. Denit -ffl. add
estimates are rarely evaluated during ttiif feriiiton,
but could be substantial, especially in over watered
lawns. Ten to fourteen clays after fetlilization of
turf;srass ►with any N source, the only N found in the
thatch layer or leached was in the nitrate form
(Sartain & Gooding, 2000; Shaddox & Sartain,
2001). if the lawn is maintaintil using excessive rates
of irrieation, the highly active microbial population in
the thatch layer could indeed transform the nitrate -N
under waterlogged conditions to a volatile form of N
that would be lost through volatilisation.
Tutfgmsses arc fairly unique when it comers to N
utilivaotion; their ability to assimilate N is rarely
exceeded. In the event that excess N exists, it may be
readily assimilated by the microbial population, tied
up by the soil organic matter, or leached by water
moving through the soil profile.
12. What is the nitrogen threshold
that may compromise water quality
standards in runoff?
Limited research exists relative to runoff from
Florida turfgrasses. Based on the current research
data available. runoff from healthy turfgrass growing
on a 10 percent slope was limited to an extreme
hurricane event when excessive rainfall occurred
( Erickson ct al.. 1999; hrickson et al., 2001). The
water that was collected in the rtmoff from the
turfgrass acmially contained less N than (lid the
rainfall.
I has also been reported that only 0.03 percent
of the applied N was collected in an excessively
irrigated bermudagrass during grow -in on a 10
percent slope (Shaddox & Sautain, 2000). Thus, it
appears based on these studies that very little if any
nitrogen, when applied at IFAS- recommended rates,
moves across the surface of a healthy turfgrass, and
there is very little threat of water quality compromise
as a result of runoff. Other potential sources of
nitrogen found in waterways include pet feces and
septic tanks in landscapes.
13. Is it possible to distinguish
between nitrogen sources
(landscape fertilizers vs. septic
tanks) through isotope indicators?
Based on specific iniios of N isotopes, the
probable origin of the N source can he identified
within the limits of current technology. Isotope
analysis gives good clues but not definitive answers
IHavens. 2004).
14. What role, if any, do native plants
play in reducing fertilizer use in the
landscape? Should urban
landscapes be planted totally in
native plants? Why or why not? What
is the environmental value of
turfgrass in the landscape? Is there a
balance?
A plant's indigenous status does not affect its
fertilizer or irrigation requirements. Them is no
scieritifie evidence tat dative plants :>i ' iu -less
fertilizer -and water -titan plants not native to Florida.
To put it another way, residential and commercial
landscapes are often very different from the native
conditions where. a plant originated, even if they are
found in the same state. Additionally, a plant that .was
previously indigenous to a site may not be adapted to
the location any longer, depending on the way the
site has been altered. In a recent research study,
Florida native shrabs inquired the same irrigation as
non - agiives. Fertilizer requirements have not been
tested.
Without question, most turfgrasses and
landscape plants may require fertilization on most of
Florida's sandy, low-fertility soils, because all plants
require the presence of essential nutrients for
sustainability. It is true that some plants require more
74 of 161
Frequently Asked Questions about Landscape Fertilization for Florida - Friendly Landscaping.... 6
nutrients than others, but all plants must acquire a
minimum amount of N, P. and K to survive. In most
cases, the most limiting nutrient is N and it is usually
applied in the largest quantity. A small portion of the
required N is supplied -tl mugh natural rainfall. If
clippings are returned -they supply up to 2 1 b of
additional N per 10100'sq ft per year (Sartain, 2(X)4).
Use of reclaimed water may supply an additional
quantity of the required N. The quantity of N supplied
by reclaimed water depends on the concentration of N
in the water and the quantity of water used. These
three sources may in:.sotne'cases supply all of the N
needed to sustain the turfgiass. However, in most
uses when turfgrasses are grown on Florida's sandy
soils, additional fertili7er nutrients will be required to
sustain the turfgrass over the long term. In sonic
cases, the turfgrass may survive for a year or so
without fertilization, but in the long term the turfgrass
may thin and require extensive- fertility management
in order to bring it back to health.
Phosphorus fertilization on established turtgrass
is not as frequently requited as N fertilization.
Phosphorus fertilization is most essential during early
establishment of the turfgrass because it significantly
influences rooting. After establishment, most
turigrasses can survive on very low levels of fertilizer
P. Because many of Florida's soils are phosphatic in
nature, additional P may not be required (Liu et al.,
2007) - K sari:: test, siiou d ►ays 1�e iftd to determine
if 1? fei "tzatiQn is regtuma
About one -half as much K as N is needed for
maintenance of a heal thy turfgrass. Nowever,in;most
case _most tlte'1 t of ,t ur trasses dad-:be
nid the &iuwing t> pptttgs (Sartain 1993-
Fortunately, K is not a pollutant, thus the only
negatives to K fertilization are the depletion of a
natural resource, possibly increased soluble salts in
the soil., and an added economic expense.
Following planting in the landscape, live oak
trees brow without fertilizer, but they grow slightly
faster with fertilizer_ We also arc finding (data not
published) that this also holds true in a field nursery,
at least in the four -year trial with 1 300 trees we are
now conducting.
For centuries, humans have used turfg rises to
enhance their environment and quality of life.
Tunferasses have many benefits that can be separated
into functional, aesthetic, and recreational
Components:
• Functional benefits include soil erosion control,
dust stabilization. enhanced ground water
recharge and improved surface water quality.
improved entrapment and decomposition of
chemical pollutants. coil improvement and
restoration, heat dissipation and temperature
moderation, noise abatement, glare reduction,
and sequestration of carbon dioxide.
• Aesthetic benefits are a positive therapeutic
benefit that improves mental health and
productivity, contributes to social harmony and
stability, and generally improves quality of life,
especially in densely populated areas.
- Recreational benefits are a relatively low -cost,
safe surface that reduces injuries when compared
to non -turf areas. Additionally, the upkeep and
maintenance of lawns provide exercise and a
diversion beneficial to mental health-
These benefits were identified by Beard and
Green (1994).
IS. is there scientific evidence that
landscape fertilization is associated
with the occurrence of red tide?
Recent studies have shown that increased
nutrient levels are likely linked to the occurrence of
red tide but, the source of the nutrients has not been
determined. It is important to note, however, that
most red tide events are initiated miles away from the
shore. These outbreaks then move towards. shore with
the wind. The red tide- causing organism Kareiria
brevis does not require large amounts of nutrients to
survive. Researchers have suggested that excessive
loss of N from terrestrial landscapes may prolong the
duration of red tide events. Ho lever, "tbienet�ub rd
science (in any research.publicationjRto=3nPP °
fact that fertilizer.xunof��or 1e9diWZ icac
initiationaf'red-tide blooms (AloD* ;! j Proper
application of fertilizers to landscapes cannot be
75 of 161
Frequently Asked Questions about Landscape Fertilization for Florida - Friendly Landscaping 7
ovevemphasized. so that the environmental value of
turfgrasses becomes apparent.
16. What is the impact of fertilizers
and lawn chemicals on red tide?
Karenia brevis is highly adept at utilizing both
organic and inorganic numents.71c relative
importance: of different nutrient sources varies over
the stage of a bloom and it is possible that the specific
combination of nutrient sources that are responsible
for a major bloom varies from year to ye..ar. Most
scientists agree that red tide blooms initiate offshore
before being transported inshore by wind and mean
currents and express skepticism that terrestrial
nutrients affect the early stages of a bloom. However,
when a bloom moves inshore, most acknowledge that
runoff can help maintain the life of the bloom or
affect its growth. How much of a role these nutrients
play remains unclear. Complicating the issue further,
coastal nutrients can be. categorized is either
"natural " — present during even pre- historic
times —or anthropogcnic —the result of human
activities. Distinguishing between the two can be
difficult in nature (Alcock. 2007). Proper fertilization
is critical!
17. Do urea -based fertilizers serve as
a "food source" for Karenia brevis?
Nitrogen undergoes several modes of
transformation. Any N source could be considered as
a food source for Karenia breads, either directly or
indirectly. There have been dozens of theories
involving suspected nutrient delivery mechanisms for
K. brevis. Scientists stress that these mechanisms are
not mutually exclusive and that no single source can
account for all the nutrients required to sustain a
major bloom. Aside from the land -based nutrient
sources, there are a number of atmospheric and
occanic sources that are receiving inercased attention.
Upwellings of deep, nutrient - enriched water along
the continental shelf are viewed as playing a potential
role in initiation of offshore blooms. A second
significant source of nutrients may be rrichode5ndunt,
a evanobacteria found throughout the world's oceans.
1 rirhodesmium can provide significant nutrients to K.
brevis through the process known as nitrogen
fixation. With adequate supplies of iron,
triehoxlesmium can fix N from the atmosphere and
excrete it in a form that can be used by K. brevis.
in recent decades, increased desertification in
Africa and the resulting transoceanic dust clouds
have meant more iron deposits in the Gulf of Mexico.
I'he increases in iron deposits scan to coincide with
rrichode- vinhan blooms that arc accompanied by red
tide. A third significant source of nutrients is rotting
fish. Since: dead fish often drift to the bloom before
floating to the top.a massive fish kill triggered by a
bloom could coneei%ably lead to the dispersal of a
lame amount of nutrients throw=hout the mater
column. It is highly likely that the predominant
nutrient source changes over the course of a blcxrm
and it rcm.uns unclear whether a particular
combination of sources is common to tall blooms
(Atcock. 2007).
18. How are irrigation practices and
fertilizer use related? Is there a way
to link them together in a way to
minimize fertilizer leaching or
runoff?
Fertilizer use and irrigation are not directly
related in a properly managed landscape. Fertilizer is
applied to supply the required nutrients and irrigation
is applied to sustain the turgidity of the plants when
natural rainfall does not supply enough water.
Unfortunately, in many ruses irrigation is used in
excess, which may result in nutrient leaching
(Shaddox & Sartain, 2000).
One of the downsides of reclaimed water being
used as an irrigation source is that in many cases it is
viewed as containing "free" nutrients. The
municipality may require the use. of a certain quantity
of water frequently. which may lead to excessive
irrigation and leaching of nutrients. As more
municipalities begin charging for reclaimed water, a
more conservative approach to its use may develop
that will reduce excessive irrigation and leaching of
applied nutrients.
76 of 161
Frequentty Asked Questions aboul Landscape Fertilization for Florida-Friendly Landscaping.... 8
19. What is the Florida Friendly Green
Industries BMP Educational
Program?
The Florida- Friendly Green Industries Best
Nlanagement Practices (BMP) educational program
was developed by the Horida Depxrnment of
Environmental Protection (17DEP), OF /IFAS industry
representatives, and others to guide commercial
lawn -care and landscape industry professionals in the
use of sound horticultural practices. The goal of
implementing the BMPs is to reduce potential
environmental impact resulting from landscape
maintenance. 13MP practices use horticultural and
environmental science-based information. UF/IFAS
Extension offices and other venues statewide deli-er
the program via trainings to Careen Industry workers.
any cities and 60unttes-7have ebac#edtocal fertilizer
ordbliances which requnte awn -care professionals to
become certiffied iii fi i A w ftei BMP
Manual is 8vatlabtC at.`the. t'a'IIWngs ;orby _contacting
your �eountyFattenslan off<tCt*
20. Who should become BMP
certified— every worker, or just
supervisors and foremen?
BMP training is recommended for all Florida
landscape industry workers, including installers.
designers, mowers and pruners, fertilizer and
pesticide operators, managers, and sales
representatives. Individuals who successfully finish
the training will receive a Certificate of Completion.
Those who are unable to pass the written test due
to literacy issues should still attend a training to
improve their knowledge about environmental
protection. The course and the written test are
compliant with the Americans with Disabilities Act
and are offered in both English and Spanish.
21. Is a BMP training from one county
good in another county?
The .BMP training program is a state educational
program. There are strong incentives, both regulatory
and financial, for local governments to accept the
state program if they require training, but under their
ty
constitutional rights of Home Rule, it is not
required.
22. Is a BMP Certificate of Completion
good forever, or are updates
required? If updates are required,
how often?
Training updates will be. provided on a regular
basis. At this time, Mviduals should plan to olstairt
additional training every one to three years if#tmibg
is mandatory in their-area; depending on their-loWi
ordinances. Instructors are required to be up-to -date
at all times and are required to attend refresher
courses every two years.
References
Alcock. F. (2007). An assessment of Florida red
ride: Causes. ronseq rences and management
strategies (Technical Report #1190). Sarasota, FL:
Mole Marine Laboratory.
Beard. J. B., & Green R. L. (1993). The role of
turfgrasscs in environmental protection and their
Ivnefits to humans. Journal of F_m}irnwnental
Quality. 23.452-400.
Brown, F. A., & Sartain, J. B. (2003).
Differential nitrate leaching and mass balance of 15
N- labeled nitrogen sources. Proceedings of the Soil
Crop Science Society of Florida, 62.92.
Dude ck, A. E., Sartain, J. B., & Peacock C.H.
(1952). I awn fertilization trials for North Florida.
Proceedings of the Florida State Hortictdiural
Soriet , 95, 272 -275.
Erickson, J. E.. Volin, J. C.. Cisar.J. L., &
Snyder, G. H. (1999). A facility for documenting the
effect of urban landscape type on fertilizer nitrogen
runoff. Proceedings of the, Florida State Horticultural
Society, 112,266-269.
Erickson. J. IL. Cisar. J. L., Volin, J. C., &
Snyder, G. H. (2001). Comparing nitrogen runoff and
leaching between newly established St.
Augustinegrass turf and an alternative residential
landscape. Crop Science, 41, 1889 - -1891.
77 of 161
Frequently Asked Questions about Landscape Fertilization_ for Florida - Friendly Landscaping.... 9
Harivandi. M. A. (1982). The use of effluent
water for turfgrass inigation. California Turf
grcnss
Culture. 320-1). 1-4.
I lavens. J. (2004). Astable isolupir cvonrinaNutt
of partivulatc organic manor during Karenis brevis
bow ns on the West Florida shelf: Hints at nitr(,gen
sources in oli;;otrophic waters_ unpublished
masler s thesis. University of South Florida.
Koop, K. L__ & Guiltard, K. (2002). Clipping
management and nitrogen fertilization of turfgrass:
Growth, nitrogen utili7mtion, and quality. Crop
Science. 42. 1225 -1231.
Uu, M., Sartain, J. B.,'I'renholm, t_. F:_, & Harris,
W. G. (in press). Comparison of soil test 1'
procedures for St. Augustinegmss_ (:onn,tncnirution in
Soil ,Science and Plant Antalvsis.
Liu. M., Sartain, J. B.. Trenholm, L. E., & Miller,
Ci. L. (2(X)S). Phosphorus requirements of St.
Augustinegrass grown in sandy soils. Crop Science,
48,1178 -1186.
l..iu, M., Sartain, J. B.,'I'renholm, I.. E., Miller,
G. L., & Nkedi- Kizza, I'. (2006). St. Augustine
phosphorus requirement using hydroponic culture.
Proceedings n f the Soil Crop Science Society of
Florida. 65, 15 -'20_
Park, D. M. (2006). Nitrogen leaching and St
Augustine turf re_,nom e to lawn maintenance
strategies. unpublished doctoral dissertation,
University of Florida.
Rosen, C., Horgan. B., Holtman, A., McNearney,
M., & Bierman, P. (2008). Research update,
Phosphorus runofl'frcnn tttrf; rass . Minneapolis, MN:
University of Minnesota.
Ruple. G. J., Sarkar. D., Sartain. J. B., &
0 Connor, G. A. (1999). Reuse of Carlton reject
water. 1. Effects on bermudagrass yield. Proceedings
of the- Sail Crop Science Sorietw of Florida. 58,
31 -37.
Sartain, J. B. (1993). Interrelationships among
turf'grasses. clipping recycling, thatch and applied
calcium, magnesium and potassium. Agronomy
Journal. 85.40 -43.
h.
Sartain. J. B. ( 19%). The fate of applied
lurferass nutrients. Grounds Alaimenance. 310.
2t; -30.
Sartain. J. B. (2002).'Fifwav hermudagrass
response to potassium fertilization. Crop Science. 42,
507 -512.
Sartain. J. B. (20(10. Returning clippings
reduces fertilizer losses. Grounds Maintenance,
31)(4). 12 -23. Mowing turfgrass at the correct height
can increase root grc will and help to minimize
leaching.
Sartain, J. B. (2007, May 1). General
recommendations for fertilization of turfgtasses on
Florida soils. University of Flbridal]FAS Extensions
EMS. Publication #SL21. Retrieved November 2,
2008. front http :,','cdis.ifas.ufl.edut1.14014.
Sartain, J. B. (in press). Comparative influence
of N source on leaching of N and St. Augustinegrass
quality. growth and N uptake. Proceedings of the Sail
Crop Science Socien• of Florida.
Sartain, J. B. (in revictiv). Soil and tissue testing
and interpretation for Florida turfgmsses. Universin,
of FloridailFAS Extension EUIS, Publication #SI,181.
Sartain, J. B.,& Gooding. H. D. (2000).
Reducing nitrate leaching during green grow -in. Golf
Ce nrrse Management. 2.70 -73.
Sartain. J. B., & Kruse J. K_ (2001, April 1).
Selected fertilizers used in turfgrass fertilization.
(iniversit' of FloridallFAS Extension EDIS.
Publication i/CIR 1262. Retrieved November 2, 2008.
from http : /lcdis.ifas.ull.edu/S.S318.
Sartain, J. U., & Volk. B. G. (1984). Influence of
selected white-rot fungi and topdrtissing on the
cornposition and thatch components of four
rurl'grasses. Agronotny .lrnrrnul. 76, 359 -362,
Shaddox, T. W., & Sartain, J. B. (2000, Junc),
rate of nirragPn during grow -in of a golf course
fainvay tinder different nitrogen management
prarlices. Paper presented at the 2000 Soil and Crop
Science Society of Florida Meeting. Tallahassee. FL.
78 of 161
Frequently Asked Questions about Landscape Fertilization for Florida - Friendly Landscaping.... 10
Trenholm, L. E ., & Unruh, J. B.(2005).
Warm- season turfgrass response to fcrtiIizrr rates and
sources. Jotrrrral of Plant ;Viarition, 28, 991 -c199.
Trcnholm. L. E., & Iinruh,J. B. (2007). St.
Augustinegrass fcnilizcr trials. Journal of Plant
Nutrition. 3013).453-46l.
Folk, G. A9. (1956). Efficiency of va:ious
nitrogen sources for pasture grasses in large
Ivsimeters of Lakeland fine sand. Proceedings of the
Soil Science 5oriei.v of Anterica. 20(1),41-4,5.
Folk, G. IM. (1961). Gaseous loss of ammonia
From surface applied nitrogenous fertilizers. Journal
of Agricultural and Fond Chemisirv, 9(4), 280 -283.
Questions should be directed to Terri] A. Nell
(tanell0,uf7.edu), Director, Center for Landscape
Conservation and Ecology.
79 of 161
9
Revised 05 -25 -12
Analytical Results of Nutrients and Chlorophyll Relative to the 2008
Fertilizer Ordinance in Lee County
By Jim Ryan (ryanjimimr1(@gmail.corn)
and Ernesto Lasso de la Vega (lassodelavegalchcd.org)
Pond Watch Program - Lee County Hyacinth Control District
Fort Myers, Florida
Introduction
During the summer months in southwest Florida, storm water ponds exhibit from time to time
frequent algae blooms. It is thought that a major contributor to these algae blooms was the
increased amount of nitrogen (N) and phosphorus (P) contained in the fertilizer that enters the
ponds, via washed off lawns, storm water runoff from impervious surfaces and water that percolates
through predominant sandy soils.
In 2008, Lee County Board of Commissioners enacted a fertilizer ordinance (Ref 1) which became
mandatory during the wet months of 2009. Among many best management practices, the ordinance
prohibits the application of nitrogen (N) and phosphorus (P) (from fertilizers) during the 4 wet
summer months (June through September) with the stated objective of lessening loads (and
concentrations) of nutrients in storm water ponds and other waters that runs into major bodies of
water.
Lee County Hyacinth Control District has the program Pond Watch, which has been in existence since
the early 90s. The program is a citizen volunteer monitoring initiative that involves numerous storm
water ponds which are sampled and analyzed monthly to help understand and manage the ponds.
This paper examines the Pond Watch data to compare the amount of nitrogen, phosphorus and
chlorophyll A regarding the implementation of the fertilizer ordinance.
The specific question addressed by this paper is whether it has been a difference in the amount of
nutrients present in the water of storm water ponds in the summer months of 2009, 2010, and 2011
when compared to the prior years, 2004 through 2008.
Data and Methodology
Rain Data
Data was gathered from the Lee County, Natural Resources, Hydrological Monitoring Group website
(Ref 3). The averages of 16 sites were tabulated to determine differences between summer rainy
months (June through September) and the dry months (October through May). These averages were
determined by calculating the cumulative daily average rain for each of the four summer months and
the eight dry months in every year between 1992 through 2011.
80 of 161
W--
Water Quality Data and Analysis
Pond Watch receives water samples for analysis every month, from about 20 community ponds in
Lee County. In the interest of having an appropriate set of ponds for comparison, we selected ponds
with the following basic characteristics.
Ponds range in surface area between 0.5 to 18 acres and a maximum depth of 12 ft. Ponds were
surrounded by housing facilities, lawns maintained by private contractors, and sampling data
available since 2004 to the present. There were 9 ponds that meet the criteria. These ponds are
shown in Table 1.
Table 1. Nine ponds selected from the Pond Watch Program to evaluate nutrient contents.
The data used for the comparison was the average of nutrients in the rainy months, because the
fertilizer ordinance restricts the application of fertilizers in the months between June and September.
Chemical analyses of the pond water were conducted at the Water Quality Laboratory of the Lee
County Hyacinth Control District (DOH Certification # E25945, Florida USEPA ID. FL01214). Total
phosphorus (TP) was determined using the ascorbic acid method (Standard Method 4500PE). Total
Kjeldahl Nitrogen (TKN) was determined using the block digestion procedure (Standard Method
4500ND) followed by the phenolic method of ammonia determination (Standard Method 4500NH3F).
Chlorophyll A (Chi A) analyses were determined by acetone extraction with fluorometric analysis
(EPA Method 446.0 and 445.0).
The data `pre' ordinance years were from 2004 through 2008 because TKN analysis was introduced
in 2004. `Post' ordinance years were from 2009 through 2011.
Statistical analysis
81 of 161
Pond
Watch ID
Location
Acres
Longitude
Latitude
1
1
Stone Bridge
1
-81.896515
26.506573
2
4
Pepper-tree
5.3
-81.949689
26.519921
Pointe
3
14
South Pointe
5
- 81.909797
26.547372
South
4
35
Corkscrew
Woodland
18.S
- 81.777317
26.424099
5
37
Wellington
6.4
- 81.900010
26.502472
6
42
Wyldewood
Lakes
0.5
- 81.888100
26.562310
7
47
South Wind
7.8
- 81.897330
26.485810
8
54
Candiewood
Lake
15.5
- 81.966610
26.509190
9
57
Caiosa Creek
10
-81.969470
26.513330
Table 1. Nine ponds selected from the Pond Watch Program to evaluate nutrient contents.
The data used for the comparison was the average of nutrients in the rainy months, because the
fertilizer ordinance restricts the application of fertilizers in the months between June and September.
Chemical analyses of the pond water were conducted at the Water Quality Laboratory of the Lee
County Hyacinth Control District (DOH Certification # E25945, Florida USEPA ID. FL01214). Total
phosphorus (TP) was determined using the ascorbic acid method (Standard Method 4500PE). Total
Kjeldahl Nitrogen (TKN) was determined using the block digestion procedure (Standard Method
4500ND) followed by the phenolic method of ammonia determination (Standard Method 4500NH3F).
Chlorophyll A (Chi A) analyses were determined by acetone extraction with fluorometric analysis
(EPA Method 446.0 and 445.0).
The data `pre' ordinance years were from 2004 through 2008 because TKN analysis was introduced
in 2004. `Post' ordinance years were from 2009 through 2011.
Statistical analysis
81 of 161
r
The comparison of the data was done by grouping parameters independently (Total Phosphorus,
Total Kjeldahl Nitrogen, and Chlorophyll A) for the wet months (June, July, August, and September)
in the years before (pre) the ordinance went into effect with the same wet months the years after
(post) the ordinance was in effect.
The consolidated tabulation for all 9 ponds and their parameters were performed using MS -Excel
(version 2007). The parametric statistic technique used for the comparison was t test since the 2
groups of data (pre and post) are independent and have a normal distribution.
Results and Discussion
Rain Data Analysis
Certainly, rainfall is much greater in the 4 wet months of summer, June through September,
compared to the other dry months. The cumulative distribution of average rain for each of the 12
months of the last 20 years (1992 to 2011) is plotted in Fig. 2. The 4 wet months (June through
September) have an average monthly rainfall of 9.8 inches. The 8 `other' months have an average
of 2.6 inches.
IIM1
u
L:
rV
iC
.r:
✓i
:J
r.
a
_ }c f1
Fig. 2 Cumulative distribution of average rain from 1991 to 2011 in Southwest Florida
We have gathered data on the amount of rainfall in the summer months. When we first
82 of 161
i
•• }IQr 4iIP. -Lf.
•
r'.R M.=1I
f
;IfCi
a
_ }c f1
Fig. 2 Cumulative distribution of average rain from 1991 to 2011 in Southwest Florida
We have gathered data on the amount of rainfall in the summer months. When we first
82 of 161
O]nnpUed the results for 2009, we received a comment that the rainfall had been unusually
|ovv for this year. We plotted the total rainfall for the 5urnrner months per year to show the
cumulative di5tribuUon/Fig.3l. The smooth red line shows the normal distribution based 0n
the average and standard deviation for the data. Utilizing the one-tail comparison for 19
points ofdata (degree of freedom, n-1),the 2009 summer value was at the 10%
probability and the 2OID summer was at1SO/oprobability. It is true that the rainfall was on
the |ovv side, but not the extreme of s\grno or more, meaning that there were no
significant difference (p<.I0) between the amount of rain on 2009, 2810 and 20I1, vs' the
years 1992 through 2011'
ov
oo
«/
w
�
m
n�
o`
�
� *
Pkz 3 Curnukadve distribution of total main in wet months from 1991 to 2011 in SW Florida
Analysis of all Parameters
All monthly data for the 9 ponds are presented in tables in Appendix A. The tables have been
grouped asTotal Phosphorus (TP),Total Kie|dah{ Nitrogen (TKN) and Chlorophyll A([hkA) per pond,
presenting the average for the 'pre' and `post ordinance years' All concentrations forTP and TKN are
in mg/L, and concentrations forCh|A are expressed in ug/L' An example for TPfor Pond 1 is
presented in Table 2 be||wm/.
4
Iff
83of101
THE TOTAL FAN IN JUi-4E THRU SEPT
OF THE DISTPIEUTION i��iC ON THE
�
� *
Pkz 3 Curnukadve distribution of total main in wet months from 1991 to 2011 in SW Florida
Analysis of all Parameters
All monthly data for the 9 ponds are presented in tables in Appendix A. The tables have been
grouped asTotal Phosphorus (TP),Total Kie|dah{ Nitrogen (TKN) and Chlorophyll A([hkA) per pond,
presenting the average for the 'pre' and `post ordinance years' All concentrations forTP and TKN are
in mg/L, and concentrations forCh|A are expressed in ug/L' An example for TPfor Pond 1 is
presented in Table 2 be||wm/.
4
Iff
83of101
TABLE P -1
rrv�,rnvtCVJ
, LC'tal F'; UA1A FOR 9 NVNUS MONTHLY AND
YEARLY
mo
sag
1
Pond t
Stone Stidge
pre
POO
pre
Post
postime
T?
2004
2005
2006
2007
2008
2009
2D;D
2011
avg 2004
an 09
avg 2004
avg 09
'r. (09 to nj
----------- — ars pre ordnance --
c--vearspostocd
to 2008
ID b tt
to 2008
t0 a n
to
1
!? 4S5
JLOil
42f3
9 4fi5
4l7�4
4J�
2R4$
I=
0.065
0.051
mo 1 to 5
mo 1 to 5
mo lto S
2
O Q8R
8
'? Ott
4
0.071
11063
0.079
0.059
•25,
3
0.097
4135
9=
IM
D=
2J1
0rf&
oe0 ,
0,097
0=
4
0 U
D-W
am
Mo
am
I=
0.100
0. 090
all dig tno
all dig rno
an dig tao
5
A-M
i! @7n
99152
DIM
Q O&t
0.048
0.072
0.055
-23.8
2-M `
St.�.(.��
L2L11
0 D',
011111
7
J ,15
.J;:.
" s
P.li
'--=;
�`- �..-t'
`
9.4,rf
�''
ll.L.,r
u.. '�.
q .04C
wet mo
vrl mn
wet mo
Y.
LIZ-
1.211
n n�;
1t�.:�=
—
,, e
} . ,
' .i.0
_n ,.
U-=
a LhF
u.050
0.118
o.Q56
-52.3
v
lir: *_'
Ian-;?
Iltn,a
n ^s_
s�';ae
g
n105
tip
OIL
lin`4
o.n• ?�
t0
QQ
n rta5
0 0B
rt
0 rx0
0=1
oml
0.050
mo 10 to V
mo, 10 to i2
II
Q 064
�rt i0
LM
DA9
UR
0.047
0.047
ow
004
-151
12
Q
0.064
p 1
0051
a
0.059
0.045
aBdig. M
0072
0083
0.072
0.059
00
0.050
0.053
0.06
0.072
0.055
,ill part, 5v
.a ?::5
n l:'4
11.12'
-
0 .4?
17.Cr4°
pit A
::.ti's';
It 11r;
0..0V,
Y. wet 91 d?
74.4 502 69.4 45.8 94.
513 28.3 -n3
63.1 2 2
Table 2. Example of Excelr"` spreadsheet presenting Total Phosphorus data for Pond 1.
Items underlined are data from monthly Pond Watch reports of analysis. Calculated results, such as
averages, are not underlined. Data in color red indicate information for the wet months (June
through September).
Two different averages have been calculated: 1. in columns, the averages (all dry avg) for the
amount of nutrients present in the water column in the'dry months' (October to May, color black)
and the average (all wet avg) of the 'wet months' (June to September, color red) per year; 2. in
rows, the average of the amount of nutrients present in the 'pre' vs. 'post' ordinance years per
month, and grouped by all dry and wet months.
In the bottom of the table, the averages for the dry and wet months are compared by calculating the
percent ratio per year for all wet average months vs. all dry average months. In addition, the
comparison of the averages for the pre and post years is presented on the bottom line far right cells.
In the right side of the table, averages are calculated for data per month, pre (2004 to 2008) and
post (2009 to 2011). The results are further grouped and summarized in average of all dry months
('all dry mo') and all wet month ('wet mo'). Finally, at the extreme right column of the table, the
percent change between pre and post averages is calculated to describe the reduction (a negative
value) or an increase (a positive value) of nutrients.
Statistical Analysis
In order to determine the significance for each average generated per pond and per parameter
between pre and post fertilizer ordinance, one tail: t -test was done independently with a probability
of 90%. Appendix B presents tables with individual tables of the results. These analyses were
performed for all 9 ponds to determine if there was a significant difference (Probability less than
90 %) between the values pre and post ordinance.
84 of 161
The groups of tables bellow (Table 3) present examples of statistical analyses of the three
parameters for Pond 1.
.Fosphorus
5t-Li qpr : rona 7 b{On4 BnOCB
-et rn4
:cat rro
q post
all
Pl
19 12
3'
-
1, mean
0.1380 U,O56L
1
7. 5^•
0.1453 0.00988'
2, s ^2
c, s'' j
C.2E7-
0. DO; B30
3, td
r, 1587
042697
di if
-D.101.3
- 0.06'.64
2.281
wer mo
0.118
var f?
n,
JP5
Potrocer.
sec r?Dr IPonc 1 stem Sr�,.cs
-et rn4
pre
all
1. td
20 1:
3:
1, mean
�,.c 36.53
Chi A
1
41St, 455.8
Pd
id
2, s ^2
C.2E7-
3. Id
°.'c change
r, 1587
4, dr°P
EvA 2004avg 200
to 2003 to 2011
-D.101.3
.0.5765
4.t
wer mo
0.118
0.056
n,
mr .Pon,- 1 1;1,rr,M 9f;dce
e, mc,
pre cast
all
TP
TP °.a
TK.N
1, mfixn
�,.c 36.53
Chi A
1
41St, 455.8
Pd
id
-. =
.57.
avg 2009
to 2011
°.'c change
4.510
?; chdr;9e
EvA 2004avg 200
to 2003 to 2011
% change
_
1
wer mo
0.118
0.056
- 52.3
iao!e -i. Mampie or tables presenting statistical (t-test) analysis for 3 parameters for Pond 1.
In this case, Pond 1 - Phosphorus, is showing that all 31 averages (19 for the pre years and 12 for
the post years) present a negative value for the difference (diff: -0 -061) indicating that there was a
reduction on the concentration of phosphorus present in the water, and this difference is significant
(t,;,;c= - 2.286) when compared to the t critical value (tc,;t= - 1.32011.
The comparison of the change in values between pre and post ordinance were summarized in Table
4. The values presented in the column labeled TP %Change, TKN %Change and Chi A % Change, are
the percentage difference of the concentrations of the post values parameters relative to the pre
values. These values were calculated with the following formula:
Change = F(avg 04 -0 }(avg 09 -11 x 100
(avg 04 -08)
I aole 4. 1 P, rKN, ChiA averages concentrations "post" relative to "pre" in percentage.
Values in red represent an increase (positive values) in the amount of the parameter after the
ordinance was put in effect. The values in bold are statistically significant based on a Rail t -test at
90% probability level.
The values for Pond 14, listed separate from the group, were eliminated from the overall
computation because there were fewer samples for the periods of 2004 to 2008 compared to all the
6
85 of 161
TP
TP
TP °.a
TK.N
T {N
TK%
Chi A
Ch: A
Chl"
Pd
id
P1':
id
avg 2004
10 2008
avg 2009
to 2011
°.'c change
avg 2004avg 200.
to 2008 to 2011
?; chdr;9e
EvA 2004avg 200
to 2003 to 2011
% change
_
1
wer mo
0.118
0.056
- 52.3
1.577
1.468
-6.9
27 -54
15-53
-40.6
2
4
stet mo
01193
0.099
-48.5
1.269
1.169
-9,3
33.60
25.58
-20.9
4
35
wet mo
0.046
0.022
-52.6
1.013
0.7449
-26.5
18.54
15.35
-16.7
5
37
ices rno
011 -0
0.144
_
1.459
-.51'
1 `:
26.11
2 ? -27
-22.4
6
7
42
47
wet mo
wet me
0.1GO
0.093
0,154
0.05' 1
-3.5
-45.8
1.333
1.058
1.504
1.020
? -'
-3 -7
_4.36
11 c3
19.72
4.654
-43.4
-59.3
A
54
wct mo
0.112
0.069
-38.4
2.522
2.174
-13.8
43.20
28.02
-30.4
9
57
fret mo
0.160
3.313
-2q.5
5.693
1.416
-16.4
10.21
-68.5
0.12$
0.-
-33.5
1.497
1.376
-7.5
-37.8
aVq of 8
avg of
_3_2.35
28.130
17,579
r :ir'�cant values (5o!d)
-48.8
-13.8
-44.1
14
wet mo
0.223
+x.2885
'�.?
1.227
0.:764
-44.0
14,34
t.8
-71.8
I aole 4. 1 P, rKN, ChiA averages concentrations "post" relative to "pre" in percentage.
Values in red represent an increase (positive values) in the amount of the parameter after the
ordinance was put in effect. The values in bold are statistically significant based on a Rail t -test at
90% probability level.
The values for Pond 14, listed separate from the group, were eliminated from the overall
computation because there were fewer samples for the periods of 2004 to 2008 compared to all the
6
85 of 161
other ponds. In addition, this pond was treated with a special dve (AQUASHADET") to minimize light
penetration to control underwater submerged plants. T his dye increases the amount of phosphorus
present in the water therefore a bias could be added by including this pond.
Two averages are presented, the average for 8 ponds and the average of significant values (in bold).
In all accounts, a reduction on the amount of the parameters has been established for all ponds
(except Pond 14, previously explained); however, significant results were manifested in 3 out of 9
ponds for Phosphorus, 2 out of 9 for TKN, and 7 out of 9 for Chl A.
The overall analysis is presented in Table S_ Every pond is listed and the decrease (in black) or
increase (in red) change has been assigned per parameter. If the change was statistically significant,
the font is in bold lettering. A column labeled "Overall" is presented to explain whether the overall
condition is "OK ", meaning that the decrease was determined, or "Treat with caution" meaning that
the condition is uncertain due to other circumstances.
Fable 5. Summary of the effect of the Fertilizer Ordinance per pond.
Conclusions
The Lee County Ordinance forbidding the application of N and P in fertilizer during June through
September came into effect in May of 2009. The Pond Watch Program of the Lee County Hyacinth
Control District has collected data in storm water ponds from summer of 2004 to the present for
Total Phosphorus, TKN and Chlorophyll A.
Rainfall has been demonstrated to be different between the wet months of June through September
as compared to the dry months of October through May. Thus the comparison of "pre- ordinance" and
"post- ordinance" reflects only the wet months.
Total phosphorus (TP) was reduced 48.8% and Chlorophyll -A was reduced 44.1 %, where as Total
Kjeldahl Nitrogen (TKN) was reduced 13.8 %. These statistical significant values show that the
reduction was considerable, but clearly the magnitude for TKN is small.
86 of 161
!D
Location
overall
TP
TKN
NI
Comment
1
1
Stone Bridge
OK
Decrease
Decrease
Decrease
2
4
Peppertree Pointe
OK
Decrease
Decrease
Deae-�se
3
14
South Pointe s
Treat Mth
inct! s:
Decrease
Decrease
Only tlre•oru data are 4 points.
caution
im?rf.with treatment
4
35
Corlk=m
OK
Dee-me
Decrease
Dec -xse
5
37
Wellington
Treat tztth
;,�; rnr:r
Iru: N:: >H
Decrease
sm4l no' sig. increase
caution
6
42
Wyidewood Lake$
Treat eith
DeveaSe
inrr
sm -1 not sig, increase
caution
�r•c'
Decrease
7
47
South Wnd
OK
Decrease
Name
Decrease
8
54
Candle%vood Lake
OK
lease
Decrease
Decrease
9
57
Caoosa Creek
Treat,tilttr
Decrease
De-, me
Decrease
Only since Aug 2007
caution
Fable 5. Summary of the effect of the Fertilizer Ordinance per pond.
Conclusions
The Lee County Ordinance forbidding the application of N and P in fertilizer during June through
September came into effect in May of 2009. The Pond Watch Program of the Lee County Hyacinth
Control District has collected data in storm water ponds from summer of 2004 to the present for
Total Phosphorus, TKN and Chlorophyll A.
Rainfall has been demonstrated to be different between the wet months of June through September
as compared to the dry months of October through May. Thus the comparison of "pre- ordinance" and
"post- ordinance" reflects only the wet months.
Total phosphorus (TP) was reduced 48.8% and Chlorophyll -A was reduced 44.1 %, where as Total
Kjeldahl Nitrogen (TKN) was reduced 13.8 %. These statistical significant values show that the
reduction was considerable, but clearly the magnitude for TKN is small.
86 of 161
Five out of nine storm water ponds demonstrated an overall decrease for the nutrient levels as well
as the decrease on the effect associated in the concentration of Chlorophyll A.
We are pleased to inform in this study that the Ordinance has had a positive effect in some of the
urban ponds that serve as nutrient filtering and holding units for the improvement of water quality
discharges to larger bodies of water.
About the authors
Dr. James Ryan is a retired chemical engineer, having specialized in industrial membrane
separations, CO2 separation and recovery from CO2 FOR oilfields, gas processing plant technology
and refining processes. He is a graduate of MIT and U of Michigan. Presently he is a volunteer with
the Pond Watch Program involved with storm water ponds and erosion.
Dr. Ernesto Lasso de la Vega is a biologist working at the Lee County Hyacinth Control District in Fort
Myers, FL. He is the Pond Watch Coordinator and water quality analyst of the Water Quality
Laboratory of the District.
References
1 Lee country Ordinance 08 -08
http: / /www, eegoy.com /gov/ dept /NaturalRe sources /WaterQuality /Docgmen s[Ordinance %20Np
!1b20 %2008- 08.odf
2 Standard Methods for the Examination of Water and Wastewater. Eds. Clesceri, Greenberg, and
Eaton. 201h Edition.
3 Lee County, Natural Resources, Hydrological Monitoring Group website
http�([wovw.lee-
county. com/ g�vjdeDt/ NaturalResources /HydrologicalMonitoring /Pages /Rainfa(1�3ata.asox
4 Concepts and Applications of Inferential Statistics, Chapter 11, Richard Lowry,
bttD:_LLfacu Ity .vass�r_edullowry /webtext.htmk
87 of 161
: y Nceth .`-mcn:v LAC
Reduced additions to river phosphorus for three years following
implementation of a lawn fertilizer ordinance
John T. Lehman,' Douglas W. Bell. Jon P. Doubek. and Kahli E. McDonald
De.pur-,,;-.cn, o" Ecology —and Evolutionary Bio I I I-, Univen;:v o"
Michizan. Ann Arber—MI,
Abstract
1- china:; YL Bell M. T)mibck J?, M,_Dozald KE. 'Zt, 11. Rtdu,.:rtj Mver phmFhorus for ClIxec years
,ollownif imnlCmunLifilon cr a lawn fen-ilizer ordinance. Lake kese.,. 2 190-197
IvVaicr qivality data collac:ed wc6dy from May to scp.!CM Cr slho- _;:uE.s,,,caIJy smificxnt rculucricris
is total phosphorus UP), dissolved rxFosphorus, MP)i =d soluble p;)osot ors (SRP, 'L-Howmg
.mplemcntaden of rnun:cipai ordinance limiting the zzo p -&
of lawn UO Contai'M phosphonis tP). No
cil - in
,rdtxt,'on:i were ,teen at an upstmarn control river site not affccz -' tiv -,�c ordir:=-xL. Noruvgcl nnalytes & Clucin,
nitrate. silica. colored dissolvcd organic maLEer- srcciitc Canduc=cc. and pri C:d MA chafflgc at
2xperimental Y,,_cs as did P. The data were compared wish a muittyi-mr hisrorical da=et at weekly =d sulwetkly
resolution that pm-cdcd the ordinance. Mcan concentrations of "11C.I P all., I y its -.Ycr,-- lower than those of the rcf=rcncC
pc.-Iolin4_1 ^r 'IS camp u�.,;un $.and statistic ly St;r ' inCanE fedljr_EiOnS wtre obscr--cd, in clic u. awrt: of Ehc5c analyl=:i
! model that incur - orated Ecriporal
.mm June -X Sepinriber, but not i:& Niny. A statistic cffzc:s, sri-ain Pow, and
variations at the control situ dtiected Fighi-q'sil-ri:1flican- cfkcis �.: 'inance) Yc
, " -111:: per-,s.A (prc- or lx),;Iort r 11.
Cat typically ro significant effeca for nont;lget analytes. The average carnpzrcd to reftrencc conditions
CT,;m Jun= to SqE,,bcr -a 3 sites affccl-d by the ordirmlricr raged from It' it) 529., for SP-P, 23 to 35c.�c i'-.lr DP. In",
I , to 23 17T, for TR
X_-y wrmt: ferdlizer ordinan"-,nonpoint sDux_e lr-_dirll�!
In •:w eatici reperoLethrrian at al. 2OC9) we puinwed out that
ninny municipaiiz:es and state govc.r-ments have ad,-.pred or
care considerimi adoutier. -of legislation rha: resn4cs the res-
idan?fiai use lawn fertilizers. The
=,:,)nN arr typically lased on tavxronmental wwarcricss that
phosphanii fP) is ro, -jarnem in many tc-mstriaj
soils and that c--P can contrihute to eutroph-
icarion or su,facc waters. Ye, in many if nor most cases, the
rer-trictiers arc appEcd 'r. the absence of any frarnt ork to
aqsess the efpaL:.* c:f the r::..,t!;1te-ry actior.•; in terms of ru-
ducing P rurclff ca rivers and Inkes. Any available evidence
Ike it:
cm i:� ec
cct.,:%' -hercforc help `rtforju entving man-
-wctncat recisions ;IIII-CIE surfzcc water enviiotimetiral Pro-
tCCtioO. This z-q-xr. adJrcs,;,c.s'hi.,;irnrOr7=t issuethrolillf-11 o
.,;peci tic Case srudy.
E,,i re.51)oasee to a state - imposed P total inaxiii-arn daily load
"I" I
, MDUe :hat called for a 505c, re'dacrion ir. P &schap,--s
to the Huron River, dic (:;Iv of Anil Arbor, Mchi- gan . cn-
390
acted ar. ordinimc-a :ftac vvcnt into circc-, in 20107 �Aruri Armor
:101-16-1 to Etl:i: P Z-=L-HCLIL;CIn LO lawns, The pmeCtCd effect
of U1 co H coin, liartcc %vus a "'% reduction in P in I.hc river.
Ibe predicritin xis made by estimating the *awr fertilizer
raroff from one cmek-shcd within tic 61-v and rXrrnpoI ZdrII
that result in ail V111cr cnv creek-shedb. Statist -cal moMeling
(Ferris and rearm n 20t)3) using historical Hurur. River xa-
ter nitalliv data ;ndicatud that redUCU0115 Of dIat nizignifede
for tnmi 1, (•IT) could tic detected wi-,Hn 2 years by, sam-
pling, 4 nrrtzs per monih, Detection at sirrilar percearage
reductions ;- dissol, e,: P (DP) was predicted to Like 1-3
Ye:Mi, Mftl fQr skifuble molybdatc-re.-Ictive P (SRM as long
ns 9 However, after just 1 year (.2005), Lehman ut W.
(2009) able to report a statistically 5iZr.ificant reduc-
tion in TP and L irend of decreasing concur.,rarion for DP.
'ritis report su-junorizes the results after 3 sninpling seasons
and Concludc'. Llw experimental svidy.
Study site
Our field 5ije is past of the Huron ICvL.-, cawhinenit iritsoullh-
caswrn i US Geological Sure:: y. USGS Cataloging
88 of 161
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89 of 161
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89 of 161
WAR.11- SEASON '1'URFGRASS N ICATES
& IRRIGATION BM-I' VERIFICATION
DE P W NI 869
COMPLETED STUDIES REPORT
Principal Investigators
Dr. Laurie E. Trenholm
University of Florida. Institute of Food and Agricultural Sciences
P.O. Box 110675
Gainesville. Florida 3261 1 -0675
(352) 273 - 45-14. letrW- Alll.edu
Dr..lohn L. Cisar
University of Florida, Institute of Food and Agricultural Sciences
Ft. Lauderdale Research and Education Center (FLREC)
3205 C.olle;e Ave.
Ft. Lauderdale. FL 33314
(954) 577 -6-31,6, ilciii4utl.cdu
Dr. J. Baran Unruh
University of Florida, Institute of food and Agricultural Sciences
West Florida Research and Education Center (NN REC)
Jay Research farm
4253 Experiment Drive. Fhvy. 182
Jay. FL 32565
(850) 995 -3720 x 105, jbuOyull.edu
Dr. Jerry B. Sartain
University offlurida, Institute of Food and Agricultural Sciences
P.O. Box 1 10510
Gainesville, Florida 32611-0075
352- 392 -7271 ext 330, sartain(aufl.edu
'This project and the preparation of this report were funded by a grant from
the Florida Department of Environmental Protection (FDF.P).
Contract #: DEP WM 869
Contract Manager: Dr. Mike Thomas
April 2012
0
90 of 161
Table Gy. Flt eels of irrigation n gimc and \ilrc���en fertilization on clipping yield of 13ahiagrass
Factor 04,115 05105 051E 19 06/09 07/03
Iirigation ----------------- - - - - -- m`-------------------------
Regime
0.1" Daily 9.2 24.8 27.Ib 55.5 120.5
0.5" 3X/w =k 9.0 28.9 55.3a 60.1 133.8
Sig. ns ns ns ns
N Rate
(lb 1000.' yr ' ).
I
4.6c
14.6b
25.6
36.5b
95.7c
2
6.Obc
22.Oa
31.6
45.5b
109.Ibe
4
14.6a
34.6a
56.5
74.1 b
137.9ab
6
1 L I ab
37.3a
50.9
75.4a
165.8a
Sig,.
ns
lrr. X N Interaction
Sig.
ns
ns
ns
ns
ns
* *, and ns refer to P { 0.01. and P > 0.05, respectively
N SOURCE. ANDTI MING - FERTILIZER 13LACKOU'T STtJDY
)MATERIALS AND METHODS
The experiment was initiated .tune 3.2009 at the University of Florida t=ort Lauderdale Research and
Education Center. Granular N sources (Table 70) were applied once to 6 replications of mature St.
Aueuslinegrass at 2.01bs.N 1000 ft: and watered in with 0.12 inch irritation immediately following
application. The experimental area had not received any 1'crtilivation for a period of 4 months and plots
were randomised based on turfgrass quality, color and density. A single lysimeter was installed into each
2m x 4m plot. Lysimeters were constructed of heavy grade plastic with a leachate outflow pipe located
on the bottom. PVC pipes attached to each lysimeter were connected to gravity flow collection points
adjacent to the plots.
Turfgrass quality, color and density visual ratings (scale of 1 -9 with 9 =dark green. dense turlf
I =dead'brow°n turf. and 6 minimally acceptable turl) were taken throughout the experimental period.
Turinrass clipping samples were taken at a 3.0 inch height of cut approximately every 2 weeks or more
when necessary. "Tissue was oven dried at W'C for a minimum of 48 hours before weighing.
Percolate water samples were collected weekly or more frequently following a rain event exceeding 0.25
inch. Samples were acid preserved and shipped to the OF Analytical Research Lab in Gainesville for
NO, N analysis.
All data were subjected to statistical analysis and significant means were identified.
85
91 of 161
Table 70. IN sources and manufacturers_
Cudc
Description
%N
Manulaeturer
R L
granular urea
46
_
PCS Sales. Inc. Northbrook. IL '
IJXCU
70:30 urca:xcu
45
its
Skid bio -solid
5
Milorganitc. Milwaukee. WI
PC.tS
of mer coated urea
4l
Pursell Inc.. Sylacauga. AI_
XCt>
I Polymer coated urea
143
1 llgrium Advanced Technologies. At.
RESULTS
Turfgrass Quality, Color and Clipping Grovyth
Turf"frass quality was signilicantly affected by fertilizer treatment on most observation dates and the
readily soluble N iroatmo nls generally had the quickest response with some slow and controlled release N
forms providing better turfgrass quality over timefiame within the blackout period and then after that
period (Tables ?a -2b). In the no -N check, turfgrass quality dipped below the 6.0 minimally acceptable
rating on W25 and was consistently the lowest rated treatment (Tables 2a =3b). Tur igrass color ratings had
similar treatment responses (Tables 3a -3b). `I'urfgrass clipping growth responded to the application of
the various forms of N as anticipated by the availability of N from the N sources (Tables 4a -4b). The
controlled release source PCU had the most clippings at the end ol'the reporting period while having, the
least early on (Tables 4a4b).
N Leaching and Climatological Data
The trial was conducted during the rainy season months encompassing blackout period months. Thus.
nearly 100 cm of rain and irrigation impacted the site during the trial months and June and July each had
approximate]), 25 crn of rain (f=igure 18).
Nitrate -N leaching was significantly- affected by N treatment with the urea treatment having the most
cumulative leaching followed by die 70:30 soluble/slow combination treatment and other treatments
(Table 74a -e. Figure 19). The 3 slow or controlled release N products had Nitrate -N leaching totals that
were statistically —equal to the no-114 check, were lower than the urea treatment, and statistically -equal to
the 70:30 combination treatment (Tables 74a -e).. Most of the leaching occurred during, the first month
after application (Table 74a). 'I7tereafter, there were no significant differences in leaching.
In conclusion, while the application of at a high rate to compensate for black out restrictions improved
visual ratings and growth, there was increased N leaching from turf receiving readily - available N. Using
complete slow or controlled - release N reduced N leaching to statistically -equal amounts achieved the no-
N check and improved turfgrass visual ratings and growth at the end ot'the study.
89
92 of 161
i
"fable 71 a. N Timing: TurTgrass quality ratings
TRT 5.1" 18109 6.15
6,1'22
6.:25
712
7:'10
T'20
8/6
LIRE 6.8 7.8a
7.9a
li 2hc
7.3b
7-0
72) a
6.6b
IJXCU 6.8 7.8a
7.9a
8.6ab
8.1a
6.7
7.0a
6.8ab
BS 6.7 6.9bc
7.2b
7.8c
7.2b
7 -3
7.3a
6.7b
PC( 6.7 6.5c
5.8c
5.7d
6.1c
6.3
733a
7.2a
XC'U 6.5 7.2b
8.la
9.0a
8.4a
6.9
7.4a.
6.8ab
CHK 6.7 6.5c
6.Oc
5.8d
5.7c
6.3
5.8b
A .4c
St tl. ns
1 -9 scale with
9=dark green turf:
1= dead,1brown turf: and
ns
X.
ns and *to =- P >0.05 and 1' <0.01
Means with the same letter within a column are not significantly
different according to Duncan's Multiple
Range "test.
Turfgrass quality ratings based on a 1 -9
scale with
9 =dark
green turf,
1= dcadtbrown turf: and
6 - minimally acceptable turf.
"Table 71 b. N 'Timing: Turfgrass quality ratings.
TRT 8121109 9i3 9/18 1 Oft
URE
6.4h
6.5ah
6.8b
6.7b
uxcl)
6.5b
6.2b
6.4b
6-4h
BS
6.8b
6.7ab
7 tab
6.8ab
PCU
7.4a
7.Oa
7.7a
7.5a
XCU
6.8b
6.6ab
6.7b
6.5h
C'HK
5.6c
5.4c
5.5c
5.3c
_Signif.
:�
g
** = P <0.01
Means with the same letter ~,within a
column are not
significantly different according to Duncan's Multiple
Range Test.
Turfgrass quality
ratings basal on a
1 -9 scale with
9=dark green turf:
1= dead,1brown turf: and
6= minimally acceptable turf
2009 SUMMER BLACKOUT TEST: QUALITY
S
URE
6 1 l --- a_uxu
9S
4 n PCu
--- �CHK
o -
i
0 !
18-1413y 15 -slurs 22 -.fur, :S•Jun 2,M 10.ka1 20-Jul &Aug 21-Aug 3•sep 1aq-seo 1.0--t
Figure 15. N 'Timing Blackout'l"est: Overall visual quality from 18 Ma}, -? Oct. 2009.
90
k 93 of 161
Table 723. N - riming: 'Turf mss color ratings.
TRT 5:1*18.x09 6x15 22 '75 2 '�
61r� 6.__ 7, _ 7. f 0 71_.t) 8/6
URE 6.4
8.1 a
8.3a
8.2b
7.7b
7.2
7.3a
6.7b
Uxcul 6.6
8.0a
8.3a
8.4ab
8.52
6.8
7.2a
7.1 ab
BS 6.3
7.3b
7.4b
7.4c
7.4b
7.7
7.1a
7.0ab
PC:U 6.3
6.8bc
6.3c
5.6d
6.3c
7.1
7.5a
7.4a
XCU 6.3
7.2b
8.6a
9.Oa
8.6a
7.3
7.7a
7.3a
CHK 6.5
6.5c
6.Ic
5 -5d
5.8c
6.3
6.0b
5.6c
Signif
ns and R - P >0.05
and P <0.01
Means with the same
letter within
a column
are not significantly
different
according
to Duncan's Multiple
! Mange Test.
Turfgrass color ratings based on
a 1 -9 scale
with 9=dark
green turf. 1= deadebrown
turf.. and 6= minimally
l acceptable turf.
Table 72b. N `Diming: Turf'grass color ratings.
TRT 8x'21109 913 9118 1012
URL
6 -7b
6.8b
- 6.8b
6.2b
UXCL;
6.9b
6.6b
6.6b
5.9b
13S
6.9b
6.8b
7.1 ab
6.3b
PCU
7.4a
7.5a
7.5a
7.2a
XCU
7.Ob
6.8b
6.9ab
6.2b
CHK
6.1c
5.8c
5.8c
5.3c
Signif.� #
** and * - P <0.01 and P<0.05
Means with the same letter within a column are not significantly different according to Duncan's Multiple
Range Test.
Turtgrass color ratings bused on a 1 -9 scale with 9=dark green turf. 1= deadlbrown turf, and 6= minimally
acceptable turl.
2009 SUMMER BLACKOUT TEST: COLOR
10 - -
y
tURF
UXCU
as
PCU
__ ..._ _. .._......- __.._...__�� XiU
CHK
18-May 1;,{un 22 -,fur 2 S•1ui 2..U. 10,1ul 20-Jul 5-Aug 21-Aug 3-Sep 18-W 2.0Gt
Figure 16. N Timings Blackout -rest: Overall visual color from I S IL-la. -2 Oct. 2009.
91
94 of 161
2009 SUMMER BLACKOUT TEST: CLIPPING YIELDS 91m2
j t URE !
o -VXCU;
4D
i es
PCU
0 - -. -
15Juul 22-Jun 2 -Jul 10-Jul 2D-Jul 6-Aiy 21 -Aug 3 -Scp 1"cp 2.Oc-,
f=igure 17. N Timing Blackout "Pest: Clipping (issue growth from 15 June -Oct. 2, 2009.
Table 73a. N 'I'imino: Turf -crass elirmine vields
TRT 6;15109
6!22
7!2
7,110
7/20
U RE 15.6a
27.Sa
46.2ab
36.8a
3)8.56
UXCU 14.1a
23.2a
42.4b
33.1a
33.7b
13S 8.0b
11.9b
27.6c
30.0a
34.26
PC:U 7.8b
5.8b
10.1 d
13.96
21.4c
XCU IU.Sab
21.9a
55.3a
41.1a
48.7a
Cl 1K 7.8b
3.9b
S.1 d
8.2b
9.1 d
Signil.
* and * * = P <0.05 and P <0.01
_
Means with the same letter within a column
are not significantly dif1ercnt according
to Duncan 's Multiple
Range Test.
.'fable 73b. N Timiniy:
'Turf rass clippinE
yields.
TRT 8 /G!09
8121
913
9(18
1012
URE 37.5b
36.8ab
13.86
48.8b
34.6b
UXCU 31.5b
34.86
12.1 b
43.56
32.2b
Bs 35.2b
37.3ab
15.86
48.86
3)5.1 b
PCU 32.1 b
48.5ab
27.9a
70.1a
53.6a
XCL 51.4a
50.7a
18.5b
52.1b
35.1 b
CHK 8.8c
9.4c
3.9c
24.1c
14.2c
** and ns = P<0.01 and P >0.05
(deans with the samc letter within a column
are not significantly difficrent according
to Duncan's Multiple.
Runge "Test.
9?
95 of 161
n
20
15
10
5
0
Monti ty Precipitation & I"ijation
JUNE .ALLY AUGUST SS2IT CXCTC BER
20M
Figure I S. N "Timing Blackout "Pest: Rainfall and irrigation June- October 2009.
Table 74a. N 'Timing: NO3-N leached (mg nz'"')
o Phrip
to Crigrtim
7'IZ'l'
613/09
618
6110
6/15
6/17
6124
6/29
URE
0
9.3
6.5
1107.3a
799.5a
935.63
24.7
UXCU
0
3.1
2.8
565.1ab
127.Ob
522.4ab
38.7
BS
0
13.2
8.2
55.6b
28.4b
50.9b
24.5
i'CU
0
5.1
5.3
22.7b
3.8b
34.4b
7.1
XCU
0
4.4
1.5
34.4b
18.6b
189.7b
3 2. 9
Cl IK
0
0.8
0.3
4.5b
O.Ob
9.1b
0.8
Signif. ns ns ns ns
ns and *" , P>0.05 and Pf0.01
vlcans with the same letter within a column are not significantly different according to Duncan's Multiple
!tame Tcst.
fable 74b. N Timing: NO.; -NT leached (mg m
TRT
7/1,109
713
7,16
7115
7120
7.12)7
URE
14.5
2.3
0.10
9.8
9.6
6.7
UXCIj
15.0
6.2
1.2
16.5
17.5
13.7
13S
20.6
9.4
1.5
28.3
23.0
19.9
PC1✓
16.3
9.3
0.05
12.5
27.1
20.8
XCLJ
25.4
10.5
0.4
9.2
42.1
19.0
ClIK
0.4
0.0
0.04
0.0
0.7
3.3
Signif.
ns
ns
ns
ns
ns
ns
ns = P>0.05
93
96 of 161
fable 74c. N "timing: NO; -N leached (m�� m'
TRT
816/09
8/12
8117
- -8124
8/31
URF,
1.5
O.0
0.0
0.0
0.0
UXCU
9.5
15
41.1
13.4
3 8. 8
13S
16.0
10.8
3??
10.4
12.9
PCIJ
24.3
3.6
38.0
7.6
17.5
XCU
19.1
0.0
30.3
2.2
18.1
C H K
0.0
0.0
0.0
0.3
0.0
Signif.
ns
ns
ns
ns
ns
ns - P >0.05
Table 74d.
N Timing: NO3 -N leached
(in; m "')
URE 0.0
0.0
TRT
9/4109 9/7
91 I 1
9,114
9121
I RE
0.0 0.3
0.1
0.0
0.0
U\C.0
1.64 2.0
31.2
+1.5
14.3
H S
0.0 2.0
12.7
10.3
7.1
PC: U
0.7 0.6
13.8
18.3
7.4
XCU
0.6 2.2
23.3
28.1
7.2
CHK
0.0 0-2
0.0
0.0
0.0
Signil.
ns AS
ns
ns
ns
ns = P >0.05
Table 74c. N Timing: NOS -N leached (mg nt')
TRT 9/28109
10/6;-'09
- TOTAL (618/09- 10 /6 /09)
URE 0.0
0.0
3111.2a
UXCU 25.0
39.6
1596.4b
BS 9.9
9.5
408.7be
PCU 8.0
10.7
307.4bc
XCU 15.1
24.1
541.4bc
C.HK 0.0
0.0
20.5c
Si nif. ns
ns
ns and P >0.05 and 11<0.0I
Means with the same letter within a column are not significantly
diftcrcnt according to Duncan's Multiple
Range Test.
94
97 of 161
2009 SUMMER BLACKOUT TEST: NITRATE LEACHING (MSIM2)
Fit,
ure 19. N Timing- Blackout Pest: Nitrate Leaching from 3 Juste — October 6. 2009.
95
98 of 161
Pinellas County Compliant Product List Current as of June 27th, 2013
Note -This is not an exhaustive list of products. It will be updated as more products are brought to our attention.
_ ._Bcatld Maine ..__i
__1Pfod- UdVName7—._ ._
C 1AQa .ism
Oct 1,_ _a 'i
A . _ 8,11kSA .013.01
_ I1110�T,ES�� ? "
Alaska
All Purpose Fish Fertilizer
2 -2 -2
Compliant
Non-compliant
Liquid application
Alaska
Fish Fertilizer
5 -1 -1
Compliant
Non-compliant
Liquid application
Alaska
MorBloom
0 -10 -10
Compliant
Non-compliant
Alaska
Natural Blooms Fish Fertilizer
2 -5 -3
Compliant
Non-compliant
Liquid application
Alaska
Pure Kelp Plant Food
0.13 -0 -0.60
Compliant
Compliant
For hydroponic ardenin only
*Any Brand Name*
Alfalfa Meal
X -X -X
Compliant
Non-Compliant
*Any Brand Name*
Aluminum Sulfate
0 -0-0
Compliant
Compliant
No N or P
*Any Brand Name*
Bat Guano
X -X -X
Compliant
Non-Compliant
*Any Brand Name*
Blood Meal
X -0-0
Compliant
Non-Compliant
*Any Brand Name*
Bone Meal
X -X -X
Compliant
Non-Compliant
*Any Brand Name*
Chelated Iron
0 -0-0
Compliant
Compliant
No N or P
*Any Brand Name*
Compost
X -X -X
Compliant
Compliant
Exempt, compost product
*Any Brand Name*
Composted Manures
X -X -X
Compliant
Compliant
Exempt, compost product
*Any Brand Name*
Copperas
O -M
Compliant
Compliant
No N or P
*Any Brand Name*
Corn Gluten Lawn Food
9 -1-0
Compliant
Non-Compliant
*Any Brand Name*
Cotton Burr Compost
0.7-.12-.56
Compliant
Compliant
Exempt, compost product
*Any Brand Name*
Cotton Seed Meal
X -X -X
Compliant
Non-Compliant
*Any Brand Name*
Dried Blood
X -0-0
Compliant
Non-Compliant
*Any Brand Name*
Earthworm Castings
X -X -X
Compliant
Compliant
Exempt, compost product
*Any Brand Name*
Fish Emulsion
X -X -X
Compliant
Non-Compliant
*Any Brand Name*
Fish Meal
X -X -X
Compliant
Non-Compliant
*Any Brand Name*
Green Sand
0 -0-3
Compliant
Compliant
No N or P
*Any Brand Name*
Gypsum
O -M
Compliant
Compliant
No N or P
*Any Brand Name*
Humate/ Iron Humate
0 -M
Compliant
Compliant
No N or P
*Any Brand Name*
Humus
0 -M
Compliant
Compliant
No N or P
*Any Brand Name*
Iron sulfate
0 -0-0
Compliant
Compliant
No N or P
*Any Brand Name*
Kelp Liquid
1 -0-2
Compliant
Non-Compliant
*Any Brand Name*
Kelp Meal
1 -0-2
Compliant
Non-Compliant
*Any Brand Name*
Lime /Dolomite, Hydrated Lime Garden Lime
0 -M
Compliant
Compliant
No N or P
*Any Brand Name*
Liquid Chelated Iron
0 -M
Compliant
Compliant
No N or P
*Any Brand Name*
Magnesium sul hate /e sour salt
0 -0-0
Compliant
Compliant
No N or P
*Any Brand Name*
Manganese
O -M
Compliant
Compliant
No N or P
*Any Brand Name*
Muriated of Potash
O -0 -X
Compliant
Compliant
No N or P
*Any Brand Name*
Mushroom Compost
X -X -X
Compliant
Compliant
Exempt, compost product
*Any Brand Name*
Peatmoss
0 -M
Compliant
Compliant
No N or P
*Any Brand Name*
Potash
O -0 -X
Compliant
Compliant
No N or P
*Any Brand Name*
Potting soil
X -X -X
Compliant
Compliant
Exempt, soil
*Any Brand Name*
Rooting Hormone with No Nitrogen or Phosphorous
0 -M
Compliant
Compliant
No N or P
*Any Brand Name*
Seaweed (Nitrogen and Phosphorous free formulas
O -0 -X
Compliant
Compliant
No N or P
*Any Brand Name*
Seed mixes
X -X -X
Compliant
Compliant
Exempt, seed mix
*Any Brand Name*
Sulfur
0 -M
Compliant
Compliant
No N or P
*Any Brand Name*
Top Soil
0 -M
Compliant
Compliant
Exempt. soil
*Any Brand Name*
Triple Super Phosphate / Super Phosphate
O -X-0
Compliant
Non-Compliant
Page 1 of S
061�S 99 of
Pinellas County Compliant Product List Current as of June 27th, 2013
Note -This is not an exhaustive list of products. It will be updated as more products are brought to our attention.
tirand Name;
�Pnoducf;Flaii`ie -, -- _ _ _
Ainal fs. _.I
OeWIR WyAl
[�J1u`�;,__ ],
*Any Brand Name"
Zinc Sulfate
0 -0 -0
Compliant
Compliant
No N or P
Anderson
Kal -Tec Contec DG
0 -0 -13
Compliant
Compliant
No N or P
Bayer
All -in -1 Rose /Flower 32oz Conc
9 -14 -9
Compliant
Non-compliant
Bayer
Tree & Shrub Granules
2 -1 -1
Compliant
Non-compliant
Bayer
Tree & Shrub Protect & Feed
2 -1 -1
Compliant
Non-compliant
Better -Gro
Controlled release Bromeliad Orchid and House -Plant Food
11 -11 -18
Compliant
Compliant
Containers only
Better -Gro
Orchid Better -Bloom
11 -35 -15
Compliant
Compliant
For soiless plants, containers only
Better -Gro
Orchid Bloom Booster
11 -35 -15
Compliant
Compliant
For soiless plants, containers only
Better -Gro
Orchid Plus Fertilizer
20 -14 -13
Compliant
Compliant
For soiless plants, containers only
BGI
Grow & Gain Liquid Fertilizer
10 -10 -5
Compliant
Non-compliant
Liquid application
Black Kow
Pelletized Chicken Manure
5 -3 -2
Compliant
Non-Compliant
Not compost, dehydrated and pasturized
Bonide
Root Stimulator
4-10 -3
Compliant
Non-Compliant
Liquid application
Bradfield Organics
Luscious Lawn & Garden
3 -1 -5
Compliant
Non-compliant
Bradfield Organics
Luscious Lawn Corn Gluten
9 -0 -0
Compliant
Non-compliant
Bradfield Or anics
Pasture & Farm
4 -1-4
Compliant
Non-compliant
Bradfield Organics
Tasty Tomato
3 -3 -3
Compliant
Compliant
Exclusively fruits or vegetables
Bradfield Organics
Veggie
2 -3-6
Compliant
Compliant
Exclusively fruits or vegetables
Brandt
Converge
18 -3-6
Compliant
Non-compliant
Brandt
Noculate
5 -2-4
Compliant
Non-compliant
Brandt
Noculate
8 -2-8
Compliant
Non-compliant
Brandt
Platinum
0 -0-18
Compliant
Compliant
No N or P
Custom Biologicals
BiotaMax
0 -0-0
Compliant
Compliant
No N or P
Dr. Iron
22% Iron / 55% Sulphur
0 -0-0
Compliant
Compliant
No N or P
Dynamite
All Purpose Indoor /Outdoor
18-6-8
Compliant
Non-compliant
Dynamite
Flowers & Vegetables
13 -13 -13
Compliant
Non-compliant
Dynamite
Mater Magic
8 -5 -5
Com liant
Compliant
Exclusively fruits or vegetables
Dynamite
Mater Magic Organic
5 -5 -9
Compliant
Compliant
Exclusively fruits or vegetables
Earth Box
Replant Kit
7 -7 -7
Compliant
Compliant
For Containers Only
Earth Box
Replant Kit
8 -3 -5
Compliant
Compliant
For Containers Only
Es oma
All Natural Lawn Food
7 -2 -2
Compliant
Non-compliant
Es oma
Bio -tone starter
4-3 -3
Compliant
Non-compliant
Es oma
Bio-tone starter plus
4 -3 -3
Compliant
Non-compliant
Es oma
Bulb -tone
3 -5 -3
Compliant
Non-compliant
Es oma
Citrus -tone
5 -2-6
Compliant
Compliant
Exclusively fruits or vegetables
Es oma
Flower -tone
3-4 -5
Compliant
Non-compliant
Es oma
Garden -tone
34-4
Compliant
Compliant
Exclusively fruits or vegetables
Es oma
Granular Hen Manure
4 -2 -2
Compliant
Non-Compliant
Not compost, dehydrated and pasturized
Es oma
Gro -tone
2 -2 -2
Compliant
Non-Compliant
Es oma
Iron -tone
2 -1 -3
Compliant
Non-Compliant
Es oma
Holly-tone
4 -34
Compliant
Non-compliant
Es oma
Organic Lawn Food - Spring Lawn Booster
9 -M
Compliant
Non-compliant
Es oma
Organic Lawn Food -All Season Lawn Food
9 -M
Compliant
Non-compliant
Es oma
10r anic Lawn Food - Summer Revitalizer
8 -M
Compliant
Non-compliant
Page 2 of 8
100 of 161
Pinellas County Compliant Product List Current as of June 27th, 2013
Note -This is not an exhaustive list of products. It will be updated as more products are brought to our attention.
nand Name
_ PraducfNarrie - -
:Adat
OWIf�M L31!
C'JueOKSe t40A
�.�� �` �KIOTES'
Es oma
Organic Lawn Food - Fall Winterizer
8 -0-5
Compliant
Non-compliant
Es oma
Palm -tone
4 -1 -5
Compliant
Non-compliant
Es oma
Plant -tone
5 -3 -3
Compliant
Non-compliant
Es oma
Rose -tone
4 -3 -2
Compliant
Non-compliant
Es oma
Soil Perfector
0 -0-0
Compliant
Compliant
Not a fertilizer
Es oma
Tomato -tone
3-4-6
Compliant
Compliant
Exclusively fruits or vegetables
Es oma
Tree -tone
6 -3 -2
Compliant
Non-compliant
Es oma
Weed Preventer Plus
9 -M
Compliant
Non-compliant
Expert Gardener
Liquid Plant Food
15 -30 -15
Compliant
Non-compliant
Liquid application
Fertilome
Acid Loving Water Soluble Plant Food
31 -11 -11
Compliant
Non-compliant
Fertilome
Blooming and Rooting Soluble Plant Food
9 -58-8
Compliant
Non-compliant
Fertilome
Garden Cote 6
12 -12 -12
Compliant
Non-compliant
Fertilome
Gardener's Special
11 -15 -11
Compliant
Non-compliant
Fertilome
Geranium Hanging Basket and Pansy Plant Food
20 -20 -20
Compliant
Non-compliant
Liquid application
Fertilome
Root Stimulator and Plant Starter Solution
4-10 -3
Compliant
Non-compliant
Fertilome
Soil Acidifier Plus Iron
0 -0-0
Compliant
Compliant
No N or P
Fertilome
Start-N -Grow Premium Plant Food
19 -6 -12
Compliant
Non-compliant
Fertrell
No Phos
4 -0-4
Compliant
Non-compliant
Florida's Finest
17 -4 -11
17 -4 -11
Compliant
Non-compliant
Florida's Finest
Azalea Camellia Gardina Special
7 -0-8
Compliant
Non-compliant
Florida's Finest
Citrus Special
4 -0-8
Compliant
Compliant
Exclusively fruits or vegetables
Florida's Finest
Fall Conditioner
2 -0-10
Compliant
Non-compliant
Florida's Finest
Fruit and Vegetable Fertilizer
6-6-6
Compliant
Compliant
Exclusivelv fruits or vegetables
Florida's Finest
Palm & Ixora Special
7 -0-7
Compliant
Non-compliant
Florida's Finest
Palm & Ornimental Special
8 -0 -12
Compliant
Non-compliant
Florida's Finest
St. Su ustine Special
16 -M
Compliant
Non-compliant
Florida's Finest
Tree Shrub & Palm
0 -0 -16
Compliant
Compliant
Florida's Finest
Tree & Shrub Special
8 -0-8
Compliant
Non-compliant
Florikan
Aerification T90
0 -0-49
Compliant
Compliant
No N or P
Florikan
Florikote
0 -0-20
Compliant
Compliant
No N or P
Florikan
Florikote
0 -0-48
Compliant
Compliant
No N or P
Florikan
Florikote
0 -0 -58
Compliant
Compliant
No N or P
Florikan
Iron Chelate 0 -0 -0 +5 Iron
0 -0-0
Compliant
Compliant
No N or P
Florikan
Iron Sulfate 0 -0-0 +28 Iron
0 -M
Compliant
Compliant
No N or P
Florikan
Ma -Sulf T180
0 -0-0
Compliant
Compliant
No N or P
Florikan
Ma -Sulf T270
0 -0-0
Compliant
Compliant
No N or P
Florikan
Meg-Iron V
0 -0-0
Compliant
Compliant
No N or P
Florikan
MG -EMJEO Magnesium Sulfate
0 -0-0
Compliant
Compliant
No N or P
Florikan
Summer Safe
0 -0-16
Compliant
Compliant
No N or P
Florikan
SunTrace Fe/M
0 -0-0
Compliant I
Compliant 1No
N or P
Florikan
SunTrace Total
0 -0-0
Compliant I
Compliant INo
N or P
Greenli ht
Acidifier and Liquid Iron
0 -0-0
Compliant
Compliant INo
N or P
Green World Path
Eco Plus Soil Amendment
0 -0-0
Compliant
Compliant lNo
N or P
Page 3 of 8
101 of 161
Pinellas County Compliant Product List Current as of June 27th, 2013
Note-This is not an exhaustive list of products. It will be updated as more products are brought to our attention.
Page 4 of 8
102 of 161
_�_IOMKMIJYU;
31
1", V
14,06AWR
Green World Path
MineralPlex
0-0-0
Compliant
Compliant
No N or P
Green World Path
Naturally Green
0-0-3
Compliant
Compliant
No N or P
Green World Path
Total 1-1-2 fertilizer
1-1-2
Compliant
Non-compliant
100% SRN
Greenlight
Super Bloom
12-55-6
Compliant
Non-compliant
Liquid application
Grow More
Cactus Juice
1-7-6
Compliant
Non-compliant
Liquid application
Growers Fertilizer
16-2-8
16-2-8
Compliant
Non-compliant
Growers Fertilizer
18-2-18
18-2-18
Compliant
Non-compliant
Growers Fertilizer
20-0-10
20-0-10
Compliant
Non-compliant
Growth Products
BioNutrients Soluble
8-0-9
Compliant
Non-compliant
Growth Products
Essential Plus
1-0-1
Compliant
Non-compliant
Growth Products
Iron Max Ac
15-0-0
Compliant
Non-compliant
Growth Products
Nitro-30
30-0-0
Compliant
Non-compliant
Harrells
19-0-19
19-0-19
Compliant
Non-compliant
Custom blends for turf professionals-not available retail
Harrells
26-0-13
26-0-13
Compliant
Non-compliant
Custom blends for turf professionals-not available retail
Harrells
30-0-8
30-0-8
Compliant
Non-compliant
Custom blends for turf professionals-not available retail
Helena
0-0-22
0-0-22
Compliant
Compliant
No N or P
Helena
0-0-61
0-0-61
Compliant
Compliant
No N or P
Helena
24-0-11
24-0-11
Compliant
Non-compliant
Hi-Yeild
Growers Special
12-6-6
Compliant
Non-compliant
Hi Yield
Horticull Hydrated Lime
N/A
Compliant
Compliant
No N or P
Hi Yield
Magnesium Sulphate
0-0-0
Compliant
Compliant
No N or P
Holland
Bulb Booster
9-9-6
Compliant
Non-compliant
Howard
0-0-10
0-0-10
Compliant
Compliant
Custom blends for turf professionals-can make for retail
Howard
0-0-18 (liquid)
0-0-18
Compliant
Compliant
Custom blends for turf professionals-can make for retail
Howard
15-0-15
15-0-15
Compliant
Non-compliant
Howard
16-0-8
16-0-8
Compliant
Non-compliant
Howard
20-0-10
20-0-10
Compliant
Non-compliant
Howard
20-0-6
20-M
Compliant
Non-compliant
Hydrofarm
Superthrive
0-0-0
Compliant
Compliant
No N or P
Howard
MicroSTART60
7-2-2
Compliant
Compliant
Exempt, compost product
Ironite
lronite Plus Liquid Lawn and Garden Spray
6-2-1
Compliant
Non-compliant
Liquid application
Jobe's
Knockout Rose Food
4-3-3
Compliant
Non-compliant
Jobe's
Organics All Purpose
44
Compliant
Non-compliant
Jobe's
Organics Spikes for All Purpose Use
444
Compliant
Non-compliant
Jobe's
Or anics Spikes for Vegetables
2-74
Compliant
Compliant
Exclusively fruits or vegetables
Jobe's
Organics Vegetable and Tomato
2-7-4
Compliant
Compliant
Exclusively fruits or vegetables
Jobe's
Spikes for Beautiful Flowering Plants
10-104
Compliant
Non-compliant
Jobe's
Spikes House Plant
134-5
Complaint
Complaint
Indoor plants only
Jobe's
Spikes Potted Plants & Haning Baskets
8-9-12
Compliant
Non-compliant
Klaysoft
Pelletized Gyp um
0-0-0
Compliant
Compliant
No N or P
Lady Bug Organics
All American Turkey Compost
Compliant
Compliant
Exempt, compost product
Lady Bug Organics
Farms le Compost
Compliant
I Compliant
Exem pt compost product
Lady Bug Organics
Glittering Greensand
Compliant
I Compliant
No N or P
Page 4 of 8
102 of 161
Pinellas County Compliant Product List Current as of June 27th, 2013
Note -This is not an exhaustive list of products. It will be updated as more products are brought to our attention.
Brand.Name;_
f Proddo 4 ame' _ _ _ _4
_-A-pa �s _
O
u Se 30}
C --
Lady Bug Organics
Revitalizer Compost
Compliant
Compliant
Exempt, compost product
Lesco
0 -0 -24
0 -0 -24
Compliant
Compliant
No N or P
Lesco
0 -0 -28
0 -0 -28
Compliant
Compliant
No N or P
Lesco
10 -0 -20
10 -0 -20
Compliant
Non-compliant
Lesco
13 -0 -13
13 -0 -13
Compliant
Non-compliant
Lesco
15 -0 -15
15 -0 -15
Compliant
Non-compliant
Lesco
16 -0 -8
16 -0 -8
Compliant
Non-compliant
Lesco
19 -0 -19
19 -0 -19
Compliant
Non-compliant
Lesco
19 -0 -8
19 -0-8
Compliant
Non-compliant
Lesco
20 -0 -10
20 -0 -10
Compliant
Non-compliant
Lesco
20- 0- 10 +Atrazine
20 -0 -10
Compliant
Non-compliant
Lesco
20 -2 -10
20 -2 -10
Compliant
Non-compliant
Lesco
21- 0- 10 +Talstar
21 -0 -10
Compliant
Non-compliant
Lesco
24 -0 -11
24 -0 -11
Compliant
Non-compliant
Lesco
24-0 -8
24 -0 -8
Compliant
Non-compliant
Lesco
30 -0 -10
30 -0 -10
Compliant
Non-compliant
Lesco
8 -0 -10
8 -0 -10
Compliant
Non-compliant
Light Green
Super Bloom
12 -55-6
Complaint
Non-compliant
Liquid application
Lilly Miller
Vitamin B1 Plant Starter
0 -0-0
Compliant
Compliant
No N or P
Lilly Miller
Vita -Start
3-8-4
Compliant
Non-compliant
Liquid application
Lutz
Manganese Spike
0 -0-0
Compliant
Compliant
No N or P
Lutz
Magnesium Spike
0 -0-0
Compliant
Compliant
No N or P
Lutz
Maintenance Spike for Maintaining Healthy Palms
0 -0 -0
Compliant
Compliant
No N or P
Maxicrop
Liquid Seaweed
0 -0 -1
Compliant
Compliant
No N or P
Maxicrop
Liquid Seaweed Plus Iron
0 -0 -1
Compliant
Compliant
No N or P
Milor anite
Milor anite
6 -2-0
Compliant
Non-compliant
Milor anite
Milor anite
5 -2 -0
Compliant
Non-compliant
Miracle Gro
All Purpose
24 -8 -16
Compliant
Non-compliant
Miracle Gro
All Purpose Liquid Plant Food
12-4 -8
Compliant
Non-compliant
Liquid application
Miracle Gro
Azaleas, Rhododendrons, Camellias Acid Loving Plant Food
30 -10 -10
Compliant
Non-Compliant
Liquid application
Miracle Gro
Bloom Booster
15 -30 -15
Compliant
Non-compliant
Liquid application
Miracle Gro
Houseplant Liquid
8 -7-0
Compliant
Compliant
Indoor plants only
Miracle Gro
Indoor Plant Food Spikes
6 -12-6
Compliant
Compliant
Indoor plants only
Miracle Gro
Lawn Food
36 -6-6
Compliant
Non-Compliant
Liquid application
Miracle Gro
Lawn Food Zero Phos
36 -0-6
Compliant
Non-compliant
Miracle Gro
Li uaFeed Advance 1-pack
12-4 -8
Compliant
Non-compliant
Liquid application
Miracle Gro
Li uaFeed Bloom Booster 2 pack
12 -9-6
Compliant
Non-compliant
Liquid application
Miracle Gro
Li uaFeed Refill Pack
12 -4-8
Compliant
Non-compliant
Liquid application
Miracle Gro
Li uaFeed Tomato Fruits & Vegetables
9-4 -9
Compliant
Compliant
Exclusively fruits or vegetables
Miracle Gro
Liquid African Violet Plant Food
7 -7 -7
Compliant
Compliant
Liquid application, indoor plants only
Miracle Gro
lNext Generation Garden Feeder
24 -8 -16
Compliant
Non -com liant
Liquid application
Miracle Gro
l0rchid Plant Food - Mist
0.02 -0.02 -0.02
Com taint
Compliant
Liquid application, indoor plants only
Miracle Gro
lOrganic Choice
11 -2 -2
Compliant
Non-compliant
Page 5 of 8
103 of 161
Pinellas County Compliant Product List Current as of June 27th, 2013
Note -This is not an exhaustive list of products. It will be updated as more products are brought to our attention.
Brand Name:
- - _Prod ct L�lame; — _ _. — -_.
I_ _Anal is- - _ !
COa>t fi u a 3i -
its 91-4011
f--
Miracle Gro
Organic Choice Blood Meal
12 -M
Compliant
Non-compliant
Miracle Gro
Organic Choice Bone Meal
6 -9 -0
Compliant
Non-compliant
Miracle Gro
Organic Choice Flowers & Vegetables
7 -1 -2
Compliant
Non-compliant
Miracle Gro
Pour and Feed Plant Food
0.2 -0.2 -0.2
Compliant
Compliant
For potted.Rlants only
Miracle Gro
Quick Start
4-12-4
Compliant
Non-compliant
Miracle Gro
Rose Food
18 -24 -16
Compliant
Non-compliant
Miracle Gro
Rose Plant Food
18 -24 -16
Compliant
Non-Compliant
Liquid application
Miracle Gro
Shake & Feed All Purpose
10 -10 -10
Compliant
Non-compliant
Miracle Gro
Shake & Feed Bloom
10 -16 -10
Compliant
Non-compliant
Miracle Gro
Shake & Feed Citrus Avocado & Mango
13 -7 -13
Compliant
Compliant
Exclusive! y fruits or vegetables
Miracle Gro
Shake & Feed Palm Food
8 -8-8
Com liant
Non com liant
Miracle Gro
Shake & Feed Rose Food
9 -18 -9
Compliant
Non-compliant
Miracle Gro
Shake N Feed Plus Weed Preventer
10 -10 -10
Compliant
Non-compliant
Miracle Gro
Shaken Feed Tomato Fruits & Vegetables
9-4 -12
Compliant
Compliant
Exclusively fruits or vegetables
Miracle Gro
Sin les
24 -8 -16
Compliant
Non-compliant
Liquid application
Miracle Gro
Tomato Food
18 -18 -21
Compliant
Compliant
Liquid application, exclusively fruits or vegetables
Natural Guard
Evergreen and Holly Food
5-4 -5
Compliant
Non-compliant
Natural Guard
Garden and Landscape Plant Food with Humates
5 -1 -5
Compliant
Non-compliant
Natural Guard
Lawn Food
8 -0-4
Compliant
Non-compliant
Natural Guard
Or anic Plant Food
6 -2-4
Compliant
Non-compliant
Natural Guard
Plant Food
6 -2-4
Compliant
Non-compliant
Natural Guard
Tomato and Ve etable
4-4 -5
Compliant
Compliant
Exclusive! v fruits or vegetables
NitroGreen
Lawn Fertilizer
16 -0 -8
Compliant
Non-compliant
Ocean -Grown
OceanSolution T &O N -P Free
0 -0-2
Compliant
Compliant
No N or P
Osmocote
Flower & Vegetable
14 -14 -14
Compliant
Non-compliant
Osmocote
Outdoor & Indoor Plant Food
19 -6 -12
Compliant
Non-compliant
Osmocote
Plus Plant Food
15 -9 -12
Compliant
Non-compliant
Osmocote
Pot Shots
15 -8 -11
Compliant
Compliant
Container plants only
Peggy Green
Flower Minerals
0 -0-0
Compliant
Compliant
No N or P
PeqqY Green
Garden Minerals
0 -M
Compliant
Compliant
No N or P
Peggy Green
Grass Minerals
0 -0 -12
Compliant
Compliant
No N or P
Penn
Magnesium Sulfate
0 -0-0
Compliant
Compliant
No N or P
Pennington
Smart 1 Feed All Purpouse Fertilizer
12 -5 -7
Compliant
Non-compliant
Pennington
Smart 1 Feed Bulb and Bloom
10 -20 -10
Compliant
Non-compliant
Pennin ton
Smart 1 Feed Citrus and Avacado
13 -4 -13
Compliant
Compliant
Exclusive! y fruits or vegetables
Pennington
Smart 1 Feed Azalea, Camellia and Rodedendron
10 -8-8
Compliant
Non-compliant
Pennington
Smart 1 Feed Rose & Flower Fertilizer
12 -8-8
Compliant
Non-compliant
Pennington
Smart Feed Tomato
20 -20 -20
Compliant
Compliant
Liquid application, exclusively fruits or vegetables
Pennington
Smart Feed All Purpose
24 -8 -16
Complaint
Non-compliant
Liquid application
Pennin ton
ISmart Feed Flower and Bloom
10 -32 -20
Complaint
Non-compliant
Liquid application
Preen
I Lawn Crabgrass Preventer
0 -0-7
Compliant
I Compliant
INo N or P
Preen
IStep Saver Weed Control Plus Fertilizer
26 -2 -8
Compliant
I Non-compliant
Rite Green
I Magnesium Sulphate
N/A
Compliant
I Compliant
INo N or P
Page 6 of 8
104 of 161
Pinellas County Compliant Product List Current as of June 27th, 2013
Note -This is not an exhaustive list of products. It will be updated as more products are brought to our attention.
112161 'NaM—W_
ProdiucENarita �. - - -
- -
Aina `ts- f
-
0 'i1 Ma' 3�1
C�1 1 $e t�30
--iDTES? --
Rite Green
Manganese Sulphate
NIA
Compliant
Compliant
No N or P
Rite Green
Vegetable Garden Fertilizer
10 -10 -10
Compliant
Compliant
Exclusively fruits or vegetables
Rite Green
Palm Fertilizer 4 20 and 40 pound bas
4-1-6
Compliant
Non-compliant
Rite Green
All Purpose 8-6 6 4 pound bag)
8 -0-6
Compliant
Non-compliant
Safer Brand Or anics
Oxyqen Plus
1 -2 -1
Compliant
Non-compliant
Liquid application
Safer Brand Organics
Ringer Lawn Restore
10 -2-6
Compliant
Non-compliant
Scotts
Bonus S - "Florida" Weed and Feed Not the "Southern"
28 -0 -14
Compliant
Non-compliant
Reformulated to meet 50 %SRN
Scotts
Liquid Turf Builder
29 -2 -3
Compliant
Non-Compliant
Liquid application
Scotts
Natural Lawn Food
11 -2 -2
Compliant
Non-compliant
Scotts
Turf Builder - "Florida" Lawn Food Not the "Southern"
28 -0 -14
Compliant
Non-compliant
Reformulated to meet 50 %SRN
Scotts
Sea
0 -0-2
Compliant
Compliant
No N or P
Shultz
African Violet Plus
8 -14 -9
Compliant
Compliant
Liquid house plant only
Shultz
Cactus Plus
2 -7 -7
Compliant
Non-Compliant
Liquid application
Shultz
Plant Food Plus All Purpose
10 -15 -10
Compliant
Non-Compliant
Liquid application
Shultz
Starter Plus
5-10 -5
Compliant
Non-Compliant
Liquid application
Soil Gourmet
Finisher
0 -0 -20
Compliant
Compliant
No N or P
Soil Gourmet
Fish Fertilizer
2 -3 -1
Compliant
Non-compliant
Liquid application
Soil Gourmet
Foliar Gourmet
18 -0-2
Compliant
Non-compliant
Liquid application
Soil Gourmet
Main Course
8-8-8
Compliant
Non-compliant
Liquid application
Soil Gourmet
Soil Enhancer
0 -M
Compliant
Compliant
No N or P
Soil Gourmet
Starter
2 -18 -12
Compliant
Non-compliant
Liquid application
Southern Aq
0 -0-14
0 -0-14
Compliant
Compliant
No N or P
Southern Aq
16-2 -8
16 -2-8
Compliant
Non-compliant
Southern Ag
18 -2 -18
18 -2 -18
Compliant
Non-compliant
Southern Aq
20 -2 -10
20 -2 -10
Compliant
Non-compliant
Southern Aq
Chelated Citrus Nutritional Spray
0 -0-1
Compliant
Compliant
No N or P
Southern Ag
Chelated General Purpose Minor Element Spray
0 -0 -2
Compliant
Compliant
No N or P
Southern Ag
Chelated Liquid Iron
0 -0-3
Compliant
Compliant
No N or P
Southern Aq
Chelated Palm Nutritional
0 -0-4
Compliant
Compliant
No N or P
Southern Aq
Essential Minor Elements
0 -0-5
Compliant
Compliant
No N or P
Southern Aq
Stop Blossom -end Rot of Tomatoes
0 -0 -10
Compliant
Compliant
No N or P
S ectracide
Immunox 3 -in -1 Insect and Disease Control Plus Fertilizer
0.2- 0.2 -0.2
Compliant
Non-compliant
Liquid application
Spray Green
Spray Green Fertilizer
6 -0.5 -2
Compliant
Non-compliant
Liquid application, commercial applicators only
Sta -Green
Weed & Feed
20 -M
Compliant
Non-compliant
Liquid application
Sta -Green
Boost Pacs
20 -20 -20
Compliant
Non-compliant
Liquid appi ication
Sunniland
All Purpose 6-6 6 10 and 33 pound bas
6-6-6
Compliant
Non-compliant
Sunniland
Bahia Weed & Feed
20 -0-6
Compliant
Non-compliant
Sunniland
Citrus & Garden 20 and 40 pound bas
6 -0-6
Compliant
Non-compliant
Sunniland
Citrus 10 20 and 40 pound bas
6 -0-0
Compliant
Compliant
Exclusively fruits or vegetables
Sunniland
Citrus Avocado & Mango 20 and 40 pound bas
613-0
Compliant
Compliant
Exclusivel fruits or vegetables
Sunniland
Liquid Iron
0 -0-0
Compliant
Compliant
No N or P
Sunniland
Nitro Green Lawn Fertilizer 331b
16 -M
Compliant
Non -com liant
Sunniland
Palm Fertilizer
r 6 -1-8
Compliant
Non -com liant
Page 7 of 8
105 of 161
Pinellas County Compliant Product List Current as of June 27th, 2013
Note -This is not an exhaustive list of products. It will be updated as more products are brought to our attention.
;BFanif Name
_ . P rodi�ct Name: . - - - - _ - ?
-
?llinal is _
GQ .7is . a.1J,iyne.L�Se
30�w
NQTES
._ _ -_ —.
Sunniland
St.Au ustine Weed & Feed
20 -M
Compliant
Non-compliant
Sunniland
Summer Green Summer Blackout Fertilizer
0 -0-0
Compliant
Compliant
No N or P
Sunniland
Pre -Plant
0.5 -0-0.5
Compliant
Compliant
Plantinq soil amendment
Sunniland
Super Iron Plus 16.5% Iron 2 %M 1 % Mn
0 -0-0
Compliant
Compliant
No N or P
Sunniland
Sodcaster
0.5 -0 -0.5
Compliant
Compliant
Planting soil amendment
Sunniland
Vegetable
10 -10 -10
Compliant
Compliant
Exclusively fruits or vegetables
Su erthrive
Su erthrive
0 -0-0
Compliant
Compliant
No N or P
Sustane Products
4-64
4-6-4
Compliant
Non-compliant
Sustane Products
5 -24
5 -2-4
Compliant
Non-compliant
Sustane Products
8 -2-4
8 -24
Compliant
Non-compliant
Sustane Products
7 -2 -20
7 -2 -20
Compliant
Non-compliant
Sustane Products
10- 2 -10 +Fe
10 -2 -10
Compliant
Non-compliant
Sustane Products
15 -3 -9
15 -3 -9
Compliant
Non-compliant
Sustane Products
18- 1-8 +Fe
18 -1-8
Compliant
Non-compliant
Sustane Products
5- 2 -10 +Fe
5 -2 -10
Compliant
Non-compliant
Sustane Products
5- 2-4 +Fe
5 -2-4
Compliant
Non-compliant
Sustane Products
All Purpose
5 -24
Compliant
Non-compliant
Sustane Products
Flower & Shrub
3-4 -2
Compliant
Non-compliant
Sustane Products
Vegetables
4-64
Compliant
Non-compliant
Tara Solutions
Banmax
0 -0 -7
Compliant
Compliant
No N or P
TurfGro
Fertilizer with Insect Control
15 -0 -5
Compliant
Non-compliant
TurfGro
Professional Tree Shrub and Ornamental Fertilizer
8 -0 -10
Compliant
Non-compliant
TurfGro
TurfGro
16 -0 -8
Compliant
Non-compliant
TurfGro
TurfGro
24 -0 -11
Compliant
Non-compliant
TurfGro
Weed and Feed St. Augustine
16 -0 -8
Compliant
Non-compliant
Vi oro
ACR
10-8 -8
Compliant
Non-compliant
Vi oro
All Purpose Water Soluble Plant Food
24 -8 -16
Compliant
Non-compliant
Vi oro
Azalea Camellia & Rhododendron Plant Food
10-8-8
Compliant
Non-compliant
Vi iron
Iron Humate
0 -0-0
Compliant
Compliant
No N or P
Vi iron
Ma Iron
0 -M
Compliant
Compliant
No N or P
Vi oro
Tomato & Vegetable
12 -10 -5
Compliant
Compliant
Exclusively fruits or vegetables
Vi oro
Tree & Shrub Food
164-8
Compliant
Non-compliant
Vi oro
Ultra All Purpose Plant Food 3 Month
12 -5 -7
Compliant
Non-compliant
Whitney Farms
Natural All Purpose Liquid Plant Food Concentrate
8 -3 -5
Compliant
Non-compliant
Worm Ma is
Black Sea Kelp
1 -1 -17
Compliant
Non-compliant
Worm Magic
Granular Kelp Meal Fertilizer
4-0.1 -2.3
Compliant
Non-compliant
Worm Magic
H drolized Fish
2 -4 -0.3
Compliant
Non-compliant
Worm Magic
Hydrolyzed Fish
2 -5-0
Compliant
Non-compliant
Worm Magic
VermaMax
3- 2.8 -1.8
Compliant
Non-compliant
Worm Magic
lVermaPlex
0.48 -0.01 -0.015
Compliant
Non-compliant
Page 8 of 8
106 of 161
arccf
SEBASTIJ�
HOME OF PEUCAN BLAND CITY COUNCIL AGENDA TRANSMITTAL FORM
COUNCIL MEETING DATE: March 26, 2014
AGENDA ITEM TITLE: Resolution R- 14 -06, Special Exception for a Pawn Shop as
a Conditional Use within the Industrial Zoning District at
137 Sebastian Boulevard.
RECOMMENDATION: Move to approve Resolution R- 14 -06.
BACKGROUND: Austin Fox is requesting a special exception permit for property
located at 137 Sebastian Boulevard to allow a pawn shop as a conditional use in the
Industrial Zoning District. The existing 6,500 square foot building contains multiple
rental units with businesses including an auto detailing service and a tattoo business.
Mr. Fox intends to lease Unit B, a 1000 square foot area, for his pawn shop.
A special exception permit is necessary when a use, such as a pawn shop, is allowed in some
other zoning district(s), but not in the subject zoning district. In this case, a pawn shop in
allowed as a conditional use in the Commercial General (CG) zoning district, but not in the
Industrial (IN) zoning district. The City Council must determine, through the findings of fact and
review criteria, that the use will not affect the public safety, health or general welfare by allowing
the use it this specific location.
As required by code, staff has reviewed the application and prepared a staff report. The
Planning and Zoning Commission held a public hearing on March 6, 2014, and made a
recommendation to City Council to approve the special exception permit by a vote of 7 in favor
and 0 opposed.
ATTACHMENTS: Resolution R- 14 -06; staff report; P & Z minutes of 3/6/14 hearing;
application.
If Agenda Item Requires Expenditure of Funds:
Total Cost: N/A
Amount Budgeted in Current FY:
If Cost Requires Appropriation:
Amount of Appropriation Required:
Fund to Be Utilized for Appropriation:
City Manager Authorizati n:
Date: — �g'c12_2
107 of 161
RESOLUTION NO. R -14 -06
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVING A SPECIAL EXCEPTION FOR A
PAWN SHOP AS A CONDITIONAL USE WITHIN THE INDUSTRIAL
ZONING DISTRICT, SPECIFICALLY FOR A PROPERTY LOCATED
AT 137 SEBASTIAN BOULEVARD; PROVIDING FOR CONFLICTS
HEREWITH; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Austin Fox has filed an application for approval of a special exception to
allow a pawn shop as a conditional use in the Industrial (IN) Zoning District for a property
located at 137 Sebastian Boulevard and owned by DS Investments LLC; and
WHEREAS, the Planning and Zoning Commission held a public hearing on March 6,
2014, and recommended approval of the special exception, by a vote of seven (7) in favor and
zero (0) against;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEBASTIAN, as follows:
Section 1. FINDINGS. The City Council of the City of Sebastian does hereby find:
a. The approval of the application for a special exception will not be
detrimental to the public safety, health or welfare, or be injurious to other
properties or improvements within the immediate vicinity in which the
property is located based on criteria established in the Land Development
Code; and
b. The use requested is consistent with the purpose and intent of the
respective district, and can be demonstrated to be similar in nature and
compatible with the uses allowed in such district; and
C. The requested use is consistent with the Comprehensive Plan and the Code
of Ordinances.
Section 2. APPROVAL. The application for approval of a pawn shop as a
conditional use in the Industrial Zoning District, specifically for a property located at 137
108 of 161
Sebastian Boulevard, is approved, with the additional condition that the applicant shall comply
with all regulations and reporting requirements established by the State of Florida .
Section 3. CONFLICT. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 4. EFFECTIVE DATE. This resolution shall take effect immediately
upon its adoption.
The foregoing Resolution was moved for adoption by Councilmember
. The motion was seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
Mayor Bob McPartlan
Vice Mayor Jim Hill
Councilmember Jerome Adams
Councilmember Andrea Coy
Councilmember Richard Gillmor
The Mayor thereupon declared this Resolution duly passed and adopted this 26th day of March,
2014.
ATTEST:
Sally A. Maio, MMC
City Clerk
2
CITY OF SEBASTIAN, FLORIDA
Bob McPartlan, Mayor
Approved as to form and legality for
reliance by the City of Sebastian only:
Robert Ginsburg, City Attorney
109 of 161
■ill � \�
Community Development Department
Special Exception - Staff Report
1. Project Name: Austin Fox Pawn Shop
2. Requested Action: Special Exception to Section 54- 2- 5.6(c) of the Sebastian Land
Development Code to allow a pawn shop as a conditional use within the Industrial (IN)
Zoning District.
3. Project Location
4.
4
6.
a. Address: 137 Sebastian Boulevard
b. Legal: Lots 1, 2 and 3, Block 10, less the north 14 feet thereof, Hardee's
Addition to Sebastian.
Applicant: Austin Fox
451 NW 112`x' Avenue
Coral Springs, FL
(954) 547 -7376
Property Owner:
Project Description:
Donald Stadnik
DS Investments LLC
13815 N Indian River Drive
Sebastian, FL 32958
(954) 547 -7376
a. Narrative of proposed action: Austin Fox is requesting a special exception
permit for property located at 137 Sebastian Boulevard to allow a pawn shop as a
conditional use in the Industrial Zoning District. The existing 6,500 square foot building
contains multiple rental units with businesses including an auto detailing service and a
tattoo business. Mr. Fox intends to lease Unit B, a 1000 square foot area, for his pawn
shop.
110 of 161
b. Current Zoning and Land Use:
(1) Current Zoning: IN (Industrial)
C.
d.
(2) Current Use: Auto detailing, and a tattoo business
(within the building)
Adjacent Properties:
Site Characteristics
(1) Total Acreage: .41 acres
(2) Current Land Use(s): industrial building
(3) Water Service: public water
(4) Sanitary Sewer Service: public sewer
7. Staff Comments:
As detailed in Section 54 -2 -3.1 of the Land Development Code, a special exception is a
use which is provided in the zoning regulations for a particular zoning district or
classification and, if controlled, would not affect the public safety, health, or general
welfare by allowing the use in an additional zoning district or classification. The
Planning and Zoning Commission and City Council may permit such uses in such zoning
districts or classifications as special exceptions only if the applicant meets specific
provisions and conditions deemed appropriate.
Procedurally, staff reviews the special exception application and makes a
recommendation to the Planning and Zoning Commission. The Commission shall hold a
public hearing and shall indicate whether, in their opinion, the proposed special exception
�q
111 of 161
Zoning
Current Land
Use
Future Land
Use
North
IN
vacant
IN
East
IN
warehouse
IN
South
IN
warehouse and
outside storage
1N
West
IN
air conditioning
service and a
fitness club
IN
Site Characteristics
(1) Total Acreage: .41 acres
(2) Current Land Use(s): industrial building
(3) Water Service: public water
(4) Sanitary Sewer Service: public sewer
7. Staff Comments:
As detailed in Section 54 -2 -3.1 of the Land Development Code, a special exception is a
use which is provided in the zoning regulations for a particular zoning district or
classification and, if controlled, would not affect the public safety, health, or general
welfare by allowing the use in an additional zoning district or classification. The
Planning and Zoning Commission and City Council may permit such uses in such zoning
districts or classifications as special exceptions only if the applicant meets specific
provisions and conditions deemed appropriate.
Procedurally, staff reviews the special exception application and makes a
recommendation to the Planning and Zoning Commission. The Commission shall hold a
public hearing and shall indicate whether, in their opinion, the proposed special exception
�q
111 of 161
meets the required findings of facts and review criteria established in Section 54- 2- 6.2(d),
including specific criteria of Article VI. The Planning and Zoning Commission shall then
make a recommendation to City Council to approve, approve with conditions, or deny the
application for the special use. The City Council shall then hold a public hearing, review
the findings of facts and review criteria, and by resolution approve or deny the
application.
A pawn shop is allowed as a conditional use in the Commercial General (CG) zoning
district. To approve a special exception permit to allow a pawn shop in the Industrial
(IN) zoning district, the conditional use criteria must be met, as well as the following
code required findings of fact.
8. Required findings of fact (Section 54- 2- 3.1(a)(3):
a. The approval of the application for a special exception will not be
detrimental to the public safety, health or welfare, or be injurious to other
properties or improvements within the immediate vicinity in which the property is
located based on criteria established in Article VI.
The Sebastian Land Development Code defines a pawn shop as an
establishment in which goods or property are bartered in exchange for loans
or cash. Additionally, said goods or property may be sold at retail from
such establishments. As such, this use would not be detrimental to the
public safety, health or welfare, or injurious to other properties in the area.
b. The use requested is consistent with the purpose and intent of the respective
district, and can be demonstrated to be similar in nature and compatible with the
uses allowed in such district.
The industrial district broadly includes uses such as manufacturing,
assembling and distribution, warehousing, and general commercial
activities. A pawn shop can be considered a general commercial activity.
C. The requested use is consistent with the Comprehensive Plan and the Code of
Ordinances.
The Comprehensive Plan lists general commercial activities as part of the
industrial land use category. As such, the use would be consistent with the
Comprehensive Plan and the Code of Ordinances.
9. Conditions of approval (Section 54- 2- 3.1(a)(4):
M
112 of 161
In approving an application for a special exception under this section, the City
Council may require such conditions as will, in its judgment, substantially secure
the objectives and intent of the zoning regulations.
Staff recommends the following condition of approval:
Applicant shall comply with all regulations and reporting
requirements established by the State of Florida for the operation
of a pawn shop.
10. Planning and Zoning Commission findings (Section 54- 2- 6.2(d):
Any approval with or without conditions shall be rendered only after a finding by
the Planning and Zoning Commission and the City Council that the proposed use
satisfies the following criteria:
(1). Is so designed, located and proposed to be operated so that the public health,
safety and welfare will be protected.
The site is fully developed in conformance with its approved site plan.
(2). Does not present an unduly adverse effect upon other properties in the
impacted area in which it is located.
As a general commercial activity, the pawn shop will be less intense than
many other allowed uses in the IN district, such as manufacturing or
distribution.
(3). Based on the scale, intensity and operation of the use, shall not generate
unreasonable noise, traffic, congestion, or other potential nuisances or hazards to
contiguous residential properties.
There are no contiguous residential properties.
(4). Conforms to all applicable provisions of the district in which the use is to be
located.
The property is in compliance with its approved site plan.
(5). Satisfies specific criteria stipulated for the respective conditional use
described in this article in Section 54- 2- 6.4(34)b, which states:
4
113 of 161
1. All sales activity and storage shall be in an enclosed structure.
No outside display area or storage proposed.
2. No structure shall be located within 50 feet to any lot line abutting a
residential district.
Site does not abut a residential district.
3. No off - street parking or loading area shall be located closer than 15
feet to any property line abutting a residential district.
Site does not abut a residential district.
(6). Is consistent with the Code of Ordinances and Comprehensive Plan.
The request is consistent with the Code of Ordinances and Comprehensive
Plan.
12. Additional Comments:
It is the opinion of staff that pawn shops should be included as a conditional use within the
IN zoning district, as it already is in the CG zoning district. The IN district includes the
broadest and most intense uses allowed in our City, and should include all uses allowed in
the CG district.
Staff also believes this to be an oversight in the Land Development Code. During the
Planning and Zoning review of the zoning district uses at their March 15, 2012 meeting,
there was a decision to add pawn shops as a conditional use in the C -512 district. However,
upon further consideration, it was realized that the conditions requiring separation from a
residential district could not be met in most, if not all, of the C -512 district, and therefore
was not included. Consideration of pawn shops in a less - intense district such as C -512
should provide a good argument to include them in the more intense IN district.
13. Staff Recommendation:
Staff recommends approval of a special exception permit for Austin Fox to allow a pawn
shop as a conditional use within the IN zoning district, specifically for the property
located at 137 Sebastian Boulevard, with the additional condition that applicant shall
comply with all regulations and reporting requirements established by the State of Florida
for the operation of a pawn shop.
114 of 161
14.
15.
Planning and Zoning Action:
The Planning and Zoning Commission held a public hearing on March 6, 2014 to consider
the request for a special exception to allow a pawn shop in the Industrial zoning district,
specifically for property located at 137 Sebastian Boulevard. By a vote of 7 in favor and 0
against, the Commission recommended that City Council approve this special exception
request with the condition that the applicant shall comply with all regulations and
reporting requirements established by the State of Florida for the operation of a pawn
shop.
Recommendation: Move to approve Resolution R- 14 -06.
Aw�ared by J g
M
3 -1 g-l�1
Date
115 of 161
Proposed times and dates for the workshop were discussed. Mr. Dodd thought there
should be a lot more public input and suggested having a series of workshops with the
Chamber, Working Waterfront Committee, etc.
The proposed conditional use criteria for Single- family dwellings in CR and CWR
districts was discussed with the size allowed percentage different for each district, less in
the CR district (20% of total developed SF) than CWR (50 %). Recently reviewed mixed -
use site plans, :Clams R Us and Muscle Car Memorabilia Shop, were compared with the
new suggestions, and did [the new criteria] force larger buildings along Indian River
Drive to accommodate those still wanting a residential use. Mr. Dodd noted the
suggestions did not address attached or detached residential structures. Landscaping'
requirements and parking was discussed with staff.
Mr. Dodd reviewed that Trade and skilled services was proposed to be changed from
permitted to conditional in CR, and removed from CWR. One of the proposed
conditions, that it be an accessory use to permitted commercial uses, was discussed
using the existing custom cabinetry business and carpet & the shop on US #1. After
further review and discussion, the Commission agreed to keep the use permitted in the
CR district.
Mr. Paul stated that Pawn shops had been added as a conditional use in C -512, but not
changed in Article VI. Mr. Dodd stated since there were existing conditions, the zoning
district could be added. Staff noted that as written, pawn shops wishing to locate on
Sebastian Boulevard could not meet the condition of the structure being 50 feet from any
residential lot since the Sebastian Highlands are adjacent to the rear of any property
zoned C -512. The Commission agreed to take out pawn shops in the C -512 district as it
was to begin with. `
The Commission and staff discussed how they stood with regards to the changes and
what may come out of the workshop, and how they thought City Council would stand on
some of the issues. Mr. Ginsburg stated he was surprised there was not more public
input at these meetings than there has been. Mr. Griffin noted the public may be
watching at home on Channel 25 than actually attending the meetings.
CHAIRMAN MATTERS: None
MEMBERS MATTERS: None COPY
DIRECTOR MATTERS: None
ATTORNEY MATTERS: None
Chairman Dodd adjourned the meeting at 9:15 p.m.
(db)
116 of 161
CITY OF SEBASTIAN
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING
MARCH 6, 2014
Chairman Dodd called the meeting to order at 7:00 P.M.
The pledge of allegiance was said by all.
ROLL CALL: PRESENT:
Mr. Roth
Mr. Dodd
Ms. Kautenburg (a)
Mr. Paul
Mr. McManus (a)
Mr. Qizilbash
Mr. Carter
Mr. Reyes
Ms. Dale Simchick, IRC School Board Liaison
EXCUSED: Mr. Durr
ALSO PRESENT: Jan King, Senior Planner
Robert Ginsburg, City Attomey
Dorri Bosworth, Planner /Secretary
ANNOUNCEMENTS:
Chmn. Dodd announced that Mr. Durr was excused from the meeting and that Ms. Kautenburg
would vote in his place.
APPROVAL OF MINUTES:
MOTION by Paul /Carter to accept the minutes of the February 6, 2014 meeting as written.
Motion was approved unanimously by voice vote.
OLD BUSINESS: None
NEW BUSINESS:
A. PUBLIC HEARING — RECOMMENDATION TO CITY COUNCIL REGARDING A
SPECIAL EXCEPTION TO LDC SECTION 54- 2- 5.6(c) TO ALLOW A PAWN SHOP IN
AN INDUSTRIAL ZONING DISTRICT — A LEASED SPACE LOCATED AT 137
SEBASTIAN BOULEVARD
Ms. Jan King reviewed the request to open a pawn shop in a rental unit in an industrial complex
area, where pawn shops were not a permitted or conditional use. Currently, pawn shops were
only allowed in the Commercial General zoning district. Staff felt the request was reasonable,
reviewed the Findings of Fact, and believes this would be an appropriate location to approve a
special exception. She stated the applicant, Mr. Austin Fox, was present for any questions (in
addition to the property owner, Mr. Donald Stadnick).
Chmn. Dodd opened the hearing for Public Input at 7:04 pm. No one spoke in favor, or in
opposition, of the application.
117 of 161
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF MARCH 6, 2014
Mr. Paul noted the back -up material included minutes from a previous meeting where the
Commissioners discussed not having pawn shops in the C -512 district. He questioned setting
precedent if the exception was granted.
Ms. King explained the history of the Commission's earlier decision where initially they had
decided to add it to the CR512 corridor, but because of the proximity of the residential district to
the rear of the properties, pawn shops would not be able to meet the conditional use criteria, and
so it was removed.
After a question by Mr. Dodd, Ms. King described where the industrial areas were located in
Sebastian. Mr. Dodd asked if the conditional use criteria would still apply if a pawn shop wanted
to be located on Louisiana Ave. Ms. King stated the special exception was only for this request,
and did not mean pawn shops would now be allowed in the Industrial zoning districts. A change
to the LDC would need to be approved for that to happen.
Mr. Roth stated that it probably should have been added to the IN district as a conditional use
when they were making amendments a few years ago. Ms. King stated there were not many
requests for pawn shops.
Mr. Dodd had questions on the site regarding parking, and Ms. King explained the layout of the
site with the warehousing units to the rear, and more of the retail /service units in front. Mr. Roth
asked if outside storage would be allowed. Ms. King stated that the site plan had not been
approved for any outside storage, and that, per code, it would have to be approved by the
Commission if proposed.
MOTION by Kautenburg /McManus "to recommend to the City Council that they approve this
[special] exception ".
ROLL CALL: Mr. Qizilbash
yes Mr. Paul yes
Ms. Kautenburg
yes Mr. Reyes yes
Mr. Roth
yes Mr. Carter yes
Mr. Dodd
yes
The vote was 7 -0. Motion carried.
CHAIRMAN MATTERS:
Chmn. Dodd stated he would be out of state from March 20th until April 10'h, and would be absent
for the next two possible meeting dates.
He also complimented the City on the newly installed sidewalk along Fleming Street to the
Sebastian Charter Jr. High School. School Liaison Dale Simchick agreed.
MEMBERS MATTERS:
Mr. Paul asked the City Attorney if vehicles have to yield only or stop completely at a marked
pedestrian walkway. Mr. Ginsburg stated if a pedestrian is in the crosswalk, traffic is supposed to
stop. If the pedestrian is on the sidewalk, the rule does not apply yet. Mr. Paul stated he would
like to see complete stop signs. He also thanked the City for patching the potholes on Skyline
Drive he had mentioned at the last meeting.
Ms. Simchick stated the Sebastian Charter Jr. High School was holding a 5K fundraiser race on
Indian River Drive this Satruday [March 8'h] and that the school was the highest ranked middle
2
118 of 161
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF MARCH 6, 2014
school in Indian River County. She also informed that the MPO currently has a Safe Walkways
and Biking Trails to School grant.
DIRECTOR MATTERS: None
ATTORNEY MATTERS:
Mr. Ginsburg reminded the Commission that they could not speak to applicants outside of the
public hearings if contacted.
Chairman Dodd adjourned the meeting at 7:20 p.m. (db)
3
119 of 161
Permit Application No.
1T.•
STEW City of Sebastian
HO,st«McucAN W.Mo Development Order Application
Applicant If not owner, written authorization notarized from owner is required)
Name: Ali
�n F
Address:
Phone Number: (�,); - �, b FAX Numb r.
E -Mail: T
Fv � lj � c: � 1 • i.o
Owner if different from applicant)
Name:
Address:
Phone Number. (-n2-) `� - _ FAX Number.
E -Mail:
Title of permit or action requested:
Facc. a-.
PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING.
COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2° BY 11° COPIES OF ANY ATTACHMENTS
SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM.
A. Project Name (if applicable):
B. Site Information
Address:
Lot Block: tc)
Unit: Subdivision: 1
Al
Indi n River County Parcel #:
Zoning Classification:
Future Land Use:
E)dstng Use:
Proposed Use,
W
C. Detailed description of proposed activity and purpose of the requested permit or action (attach
extra sheets if necessary):
DATE RECEIVED: Z /c-/ /`f
FEE PAID: $ SDa , 00
�D
RECEIVED BY:
120 of 161
City of Sebastian
Development Order Application
C. Detailed description of proposed activity and purpose of the requested permit
or action (attach extra sheets if necessary):
Provide Pawnbroking services, including but not limited to, offering secured loans to
people with items of personal property used as collateral, purchasing used and second
hand items, operating a new and used retail store front, trading, selling and buying of
firearms. The aforementioned activities to increase revenue for the City of Sebastian.
121 of 161
Permit Application No.
D. Project Personnel:
Agent:
Name:
Address
Phone Number. ( ) -
FAX Number.
E -Mail:
Attorney:
Name:
Address
Phone Number. ( ) -
FAX Number.
E -Mail:
Engineer:
Name:
Address
Phone Number: ( } -
FAX Number.
E -Mail:
Surveyor:
Name:
Address
Phone Number. ( ) -
FAX Number
E -Mail:
I, 0 we ;k(-N ) ( , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER _ I
AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS
APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND /OR SKETCHES PROVIDED IN THIS APPLICATION ARE
ACCURATE AN TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF.
ZfSfl�
SIGNATURE DATE
SWORN TO AND SUBSCRIBED BEFORE ME BY ur4 t'o
WHO IS PERSONALLY KNOWN TOME OR PRODUCED L r . V
AS IDENTIFICATION, THIS DAY OF.17►�I.I Q /lam , 201 -
NOTARY'S SIGNATURE
PRINTED NAME OF NOTARY Q
COMMISSION NO./EXPIRATION L)e1vkMvy_4- In sa la
SEAL:
�`:: == fit• WEIVE)I A4ALONE
» * MY COMMISSION 1! FF 079997
OWES: December 29, 2017
,po,We! 8w4WThruBu*NotuySmi=
122 of 161
Permit Application No.
The following is required for all comprehensive plan amendments, zoning amendments
(Including rezoning), site plans, conditional use permits, special use permits, variances,
exceptions, and appeals.
I/WE, T THE OWNER(S) / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS
THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE
BOARD /COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN
CONNECTION WITH MY /OUR PENDING APPLICATION.
I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI - JUDICIAL NATURE OF THE
PROCEEDINGS, RESULTING FROM ANY BOARD /COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY
CLAIM OR ASSERTION THAT MY /OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA
CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING.
THIS WAIVER AND CONSENT IS BEING SIGNED BY MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR
PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN.
SIGNATURE DATE
Sworn to and subscribed before me by D OY\AA 5101jT* -
who is personally known tome or produced r L • 1rXv S LA Ce V-
as identification, this _ day of0'M 20
Notary's Signature
Printed Name of Notary
Commission No. /Expiration
Seal:
123 of 161
INEM MALONE
W COMMISSION II FF 079397
* *
EXPIRES: December 29,2D17
kWTtiruDj*NotffySaViMS
123 of 161
Permit Application No.
oTya Supplemental Information
S `� Special Use Permit
(ATTACH ADDITIONAL PAGES IF NECESSARY.)
HOME OF PELICAN ISLAND
1. Describe the use for which this special use permit is being requested:
2. Describe how the granting of the special use permit will not be detrimental to the
public safety, health or welfare or be injurious to other properties or
improvements within the immediate vicinity in which the property is located.
(Attach additional pages, if necessary)
_ 4. Attach a list of the names and addresses of all owners of parcels of real property
within three hundred (300) feet of the parcel to be considered.
G c&, �N n acs c-A Qe WJ I M d c k- ( o . VA 14- 21- 25
I taaAe e 4AA/ 9 to c k. y
124 of 161
Supplemental Information Special Use Permit
1. Establish and operate a Pawnbroking business.
2. Pawnbroking offers an exciting opportunity for all types of members of the community
to buy, sell and secure loans. Pawnbroking businesses have long carried the stigma
of "nuisance business ". While this may have been true of some Pawnbrokers in the
long history of the Pawn industry, the Pawn industry is now one of the most highly
regulated industries in the State of Florida. When purchasing or pawning there is a
mandatory form for all goods acquired. This form includes extensive detail of the
seller including a fingerprint and State I.D. number (see attachment: Florida
Pawnbroker Transaction Form). All of this information must be shared with the local
and state Police Department for inspection (see Florida Statute 539.001 section 8).
People often think of Pawnshops as a place to sell stolen property. Data shows that
less than one -tenth of one percent of all pawned property turns out to be stolen (see
attachment: "Florida Pawnbroking: An Industry in Transition "). In fact, non -Pawn
second hand retail stores have no obligation to record any information about the
seller. Thereby, making them much more attractive to criminals than any
Pawnbroker. Pawn allows people to secure short term loans. Traditional lending
institutions do not allow for small short term loans of this kind. When customers need
food for a large family, to pay an unexpected bill or to fix their family automobile they
often turn to Pawnbrokers for a loan. Pawn offers the community a needed service.
Pawnbrokers must maintain a clean image and lawful practices to continue operating.
3. Pawnbroking within the industrial area is consistent with the intent of the zoning
district. It is offering an additional service to the area and surrounding community.
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HOME OFPEUCANISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM
Council Meeting Date: 26 March 2014
Agenda Item Title: Discussion: All Aboard Florida
Recommendation: Discuss issues surrounding the "All Aboard Florida" high
speed rail initiative and direct staff to follow -up on Council
recommendations.
Background: Within the past few months, Council has heard multiple presentations
on the "All Aboard Florida" (AAF) high speed rail initiative. In addition, certain City
Council Members, along with members of staff, have heard presentations from AAF
staff. Recently, the Treasure Coast Regional Planning Council ( TCRPC) has
become more involved in the issue as numerous Treasure Coast communities
become active with concerns about the impacts upon residents, businesses, and the
environment. The City of Sebastian is no exception in relaying concerns to AAF
staff about real, and perceived, impacts by AAF. By including this issue as an
agenda item, it is staffs intention to give Council sufficient opportunity to analyze the
issue for proper dissemination to the public.
If Agenda Item Requires Expenditure of Funds:
Total Cost: n/a
Amount Budgeted in Current FY: n/a
If Cost Requires Appropriation: n/a
Amount of Appropriation Required: n/a
Fund to Be Utilized for Appropriation: n/a
Attachments: 1. TCRPC MEMO March 21, 2014
2. Kim Delaney e-mail; March 21, 2014
3. Proposed City of Sebastian Resolution
4. 'Quiet Zone' pictures
Interim City Manager Authorization:
Date:
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TREASURE COAST REGIONAL PLANNING COUNCIL
MEMORANDUM
To: Council Members AGENDA ITEM 10
From: Staff
Date: March 21, 2014 Council Meeting
Subject: All Aboard Florida Update
Introduction
The purpose of this item is to provide an opportunity for Council to receive an update regarding
various activities related to the Florida East Coast Industries' (FECI) proposed All Aboard
Florida (AAF) project. The project is intended to provide new high -speed intercity express
service between Miami and Orlando on the Florida East Coast (FEC) rail corridor. This item
includes an overview of the permit process and summary of potential measures to mitigate local
and regional impacts.
Background
In 2012, FECI introduced a proposal for a privately- funded service known as All Aboard Florida,
which proposes new intercity express rail service between downtown Miami and Orlando, with
additional stations in downtown Fort Lauderdale and downtown West Palm Beach. The project
has been the subject of extensive Council and local government discussion since its
announcement. As currently envisioned, the project would provide sixteen daily round -trip
trains, totaling 32 additional trains on the corridor with maximum speeds of 79 MPH south of
West Palm Beach, 110 MPH between West Palm Beach and Cocoa, and 125 MPH from Cocoa
to Orlando. The FEC rail corridor is proposed to also continue carrying freight service, which is
projected to increase over time. Although the rail corridor is privately owned, it is included in the
Florida Department of Transportation (FDOT) Strategic Intermodal System, which prioritizes it
for statewide transportation funding to advance economic competitiveness and quality of life.
Permit Review Process
FECI has applied for a "Railroad Improvement and Investment Fund" loan from the Federal
Railroad Administration (FRA), which requires an Environmental Impact Statement (EIS) be
prepared by the FRA. Although the details of the loan application are not published, FECI
representatives have previously estimated project costs at approximately $1.5 billion. The EIS
will be prepared in accordance with the National Environmental Policy Act (NEPA) and other
Federal regulations, and it will incorporate documentation provided by FECI. When private
railroads own the right -of -way upon which tracks will be constructed, environmental compliance
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is required with applicable Federal and State laws. However, no additional permitting from FRA
is typically required. The FRA anticipates publishing a draft EIS this Spring, which will initiate
a public comment period of 45 days or longer at the discretion of the FRA. The FRA will
schedule up to six workshops along the corridor. Public comment can be provided at the
workshops or via U.S mail or email. After receipt of comments, FRA will publish a final EIS,
followed by publication of a "Record of Decision," which will recommend a preferred
alternative.
Evaluation
The reintroduction of passenger rail service on the Florida East Coast rail corridor has been a
long - standing regional priority that can provide improved mobility and varied economic and
environmental benefits. However, the service as currently proposed concentrates public benefits
in communities where stations are planned (West Palm Beach, Fort Lauderdale, Miami, and
Orlando), bypassing the three northern counties entirely. All local governments along the
corridor will have costs and impacts of different forms. There are modifications to the project
and ancillary activities that could more fairly distribute benefits throughout the corridor and
lessen impacts to local governments. Each of these is described below.
(1) Additional Passenger Rail Stations
Access to passenger rail service is the key benefit the AAF project can provide to the
Treasure Coast Region. FECI has indicated it intends to initiate the AAF service with
only four new stations — in West Palm Beach, Fort Lauderdale, Miami, and Orlando. No
stations are currently proposed for Martin, St. Lucie, or Indian River counties. To expand
the benefits of passenger rail service, the following mitigating measures are suggested:
• Advance the Amtrak/FEC Corridor Project: Currently funded in the FDOT Five -
Year Work Program, the Amtrak/FEC project has previously identified station
locations in Stuart, Fort Pierce, and Vero Beach which could also accommodate AAF
trains. FECI, FDOT, Amtrak, and local governments should work together to enable
the Amtrak/FEC project to be constructed concurrent with the AAF project.
Add Additional AAF Stops in Stuart, Fort Pierce, and Vero Beach: The most
meaningful benefit the AAF project can offer to the Treasure Coast is its ability to
provide connections within the communities it passes through. To more fairly
distribute the project's benefits, FECI, FDOT and local governments should work
together to evaluate ways in which additional stops can be added in Stuart, Fort
Pierce, and Vero Beach as part of RAF's initial service pattern. The introduction of
regularly scheduled AAF service three or four times daily in these smaller
communities, in addition to the Amtrak intercity service, would provide significant
connectivity and expanded market potential.
(2) Grade Crossing Improvements and Ouiet Zones
To accommodate both passenger and freight service in the corridor, FECI is proposing to
install a second track from Miami to Cocoa within FEC's current right -of -way, which
2
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will require reconstruction of the 352 existing grade crossings. FECI has completed
diagnostic field reviews from Miami -Dade to Martin County to determine anticipated
safety improvements, with field reviews for the remaining counties anticipated later this
spring. Although not necessarily required by current grade crossing agreements, FECI
has indicated it will fund the cost of all safety improvements necessary for the operation
of the proposed AAF service. The added safety improvements and equipment to be
installed by FECI will help in achieving quiet zone designations at locally selected grade
crossings. Many communities along the corridor have prioritized quiet zones, where no
train horns must be sounded due to more extensive safety equipment. At the request of
the Palm Beach and Broward Metropolitan Planning Organizations (MPOs), FECI and
FDOT are working collaboratively in support of a TIGER grant to fund quiet zone safety
infrastructure in these two counties. A similar effort has not been initiated by the
northern MPOs /TPOs thus far. To reduce costs to local governments and improve
conditions along the FEC corridor, the following mitigating measures are suggested:
Provide FDOT Funding for Quiet Zone Construction Costs: It is expected that
additional infrastructure will be required at many grade crossings to increase the
safety rating sufficient for quiet zone designation. FDOT and local governments
should work together to identify appropriate sources of transportation funding (e.g.,
Strategic Intermodal System, Transportation Regional Incentive Program (TRIP)
funds) to fill the quiet zone funding gap, thereby relieving local governments of this
financial obligation.
Provide FECI and FDOT Support for Quiet Zone TIGER Grant for Martin, St. Lucie
and Indian River Counties: To help fund quiet zones, the Palm Beach and Broward
MPOs are working with local governments, in collaboration with FECI and FDOT, to
submit a TIGER grant application in April 2014. Each of these MPOs has allocated
local funding towards this effort, totaling $8.6 million. The northern MPO/TPOs
have more limited funding but will receive larger project impacts. FDOT and FECI
should work together with local governments and the MPO/TPOs in Martin, St.
Lucie, and Indian River counties to provide sufficient funding to enable a TIGER
grant for all five counties for quiet zone infrastructure costs. Brevard County's
Space Coast TPO should also be considered a partner in the TIGER grant application.
Provide FECI Support for Installation of Safe Pedestrian Pathways at All Grade
Crossings: The higher speed and more frequent train service proposed by FECI
creates a heightened demand for safe pedestrian pathways at legal grade crossings to
discourage illegal pedestrian trespassing across the rail corridor. In addition to the
installation of pedestrian barriers as necessary, FECI, FDOT, and local governments
should work together to identify measures by which sidewalks can be incorporated
into the project as part of the corridor safety improvements. This would reduce the
capital cost burden to local governments.
• Establish Consistent, Predicable, and Reasonable FECI Grade Crossing Fee Schedule
for Local Governments: Each of the 352 grade crossings between Cocoa and Miami
is governed by an independent grade crossing agreement. Reviews of agreements
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have indicated the terms between FEC and local governments are inconsistent.
Further, FEC rate increases are unpredictable, causing financial burden for local
governments. FECI should work with local governments to establish a consistent,
predictable, and reasonable schedule of costs for all grade crossings, with long -term
cost projections, to reduce costs to local governments and enable more informed
budgeting.
• Request Clarification on "Sealed Corridor" Requirements: FECI proposes to operate
the AAF service from West Palm Beach north to Cocoa at speeds up to 110 MPH,
which requires additional safety requirements that have been referred to by FRA as a
sealed corridor. FRA has implied a sealed corridor would require most of the safety
infrastructure necessary to establish a quiet zone; however, there is no FRA
documentation clearly defining these requirements. Concerns have been raised in the
region regarding fencing or other pedestrian barriers to prevent trespassing in the rail
corridor. The FRA should provide a clear definition of what is required within a
sealed corridor and how it relates to the establishment of quiet zones.
(3) Mitigation of Railroad Bridge and Marine Navigation Conflicts
The FEC rail corridor crosses several significant waterways between Cocoa and Miami,
and there are three movable bridges on the rail corridor. Unlike vehicular bridges which
can accommodate many boats while closed, a great deal of boating traffic cannot traverse
railroad bridges when closed to accommodate a train crossing. This limitation spreads the
project's navigational impact across a larger segment of the boating public. Although the
Code of Federal Regulations (CFR) permits a longer bridge closing, FECI indicates AAF
project improvements will reduce bridge closure time for passenger trains to twelve
minutes in ideal conditions. Bridge closure time would be several minutes longer for
freight trains. The CFR places no limit on the number of times the bridges may be closed
to accommodate the passage of trains.
In Fort Lauderdale, FECI representatives have indicated the New River Bridge will
remain double - tracked, and a bridge tender will be stationed there. FECI has indicated it
will arrange the AAF service schedule such that the northbound and southbound trains
will cross the bridge simultaneously, reducing bridge closings to only once per hour.
The two bridges in the Treasure Coast Region will be impacted more severely by the
AAF project, as each bridge would be required to close twice per hour (once each for
hourly northbound and southbound trains), plus additional closures for freight trains
moving independent of passenger trains. The Loxahatchee River Bridge in
Jupiter/Tequesta is proposed to be double - tracked as it was historically. Properties west
of the bridge include varied residential, recreational, and cultural uses. The Loxahatchee
River Bridge also provides exclusive public safety access inland for the Village of
Tequesta's advanced life support vessel, which is docked east of the bridge.
The St. Lucie River Bridge in Stuart is proposed to remain a single -track bridge as it was
originally constructed, and the track immediately north of the bridge includes two nearly
4
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90- degree bends in its alignment. The St. Lucie River is also a component of the
Okeechobee Waterway, which provides a cross - Florida connection through Lake
Okeechobee to Fort Myers. Waterfront lands are more extensive and diverse west of the
St. Lucie River Bridge, including residential, commercial, industrial, recreational, and
cultural uses in Martin and St. Lucie counties. The bridge also provides access to
designated community redevelopment areas in "Old Palm City" and Indiantown, where a
recent state Enterprise Zone designation was secured to support marine commercial
activity.
Roadway networks adjacent to the bridges are well - defined, with numerous grade
crossings in close proximity, intensifying the need to ensure smooth bridge operations as
well as appropriate staging areas for trains awaiting bridge closings. Significant public
concerns have been raised regarding impacts to marine navigation, boating and public
safety, property values, emergency response and quality of life impacts. To reduce these
impacts, the following mitigating measures are suggested:
Synchronize Passenger and Freight Schedules to Reduce Bridge Closures: The
addition of thirty-two passenger trains daily to existing freight traffic on the FEC rail
corridor will present a significant conflict for marine navigation. W ith the
introduction of "Positive Train Control," FECI has indicated rail service can be
operated more efficiently and with greater synchronization. The project's potential
impacts on these two bridges extend well beyond the communities in which the
bridges are located, as they provide access both for recreational and commercial users
on both sides of the bridges. FECI, FDOT, local governments, and marine interests
should work together to explore ways in which passenger and freight service
schedules can be synchronized such that the railroad bridges are only required to
close once to accommodate crossings by passenger and freight trains simultaneously
or in sequence. FECI should work closely with local governments to locate sidings
such that approaching trains may be staged without interference to vehicular traffic to
enable two trains to cross with one closure.
Establish Limits on Maximum Bridge Closure Time: The Federal Code of
Regulations regarding the Loxahatchee River and St. Lucie River bridges presume the
draw spans are "normally in the fully open position" (CFR § 117.299 and CFR
§117.317). The proposed operation of nearly fifty daily trains will not allow the
bridges to remain "normally" open. To maximize passage for the boating public
through the railroad bridges, FECI, U.S. Coast Guard, local governments, and marine
interests should work together to evaluate and develop revisions to the CFR for
Loxahatchee and St. Lucie River bridge regulations that more fairly balance the
navigational needs of the public with the needs of the railroad.
• Establish On -Site Bridge Tenders: Given the proposed AAF schedule and anticipated
number of bridge closings, a high degree of human surveillance should be provided at
the railroad bridges, especially during peak boating times (e.g., weekends, holidays).
FECI, U.S. Coast Guard, and local governments should work together to identify
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appropriate staffing hours, communications, and locations for bridge tenders to be
provided at the Loxahatchee and St. Lucie River bridges.
Modernize Bridge Mechanisms and Structures: The additional demand proposed by
the AAF project on the antiquated Loxahatchee River and St. Lucie River bridges
could cause rapid deterioration of the bridge machinery and substructure. A detailed
analysis of both bridges should be conducted to identify long -term needs, and FECI,
U.S. Coast Guard, and local governments should work together to determine key
mechanical and structural components needing modernization to ensure continued
safe and reliable operation.
Provide Funding for Second Police/Fire Response Vessel and Dockage: Because the
Loxahatchee River bridge provides exclusive access for the Village of Tequesta
advanced life safety vessel, FECI and FDOT should work with the Village of
Tequesta to assist in securing a new dock location and support the purchase of a
second life safety vessel to be located west of the Loxahatchee River bridge.
• Provide FDOT Funding for Long -Term Bridge Reconstruction: As part of the FDOT
SIS, the FEC railroad bridges are eligible FDOT funding. Marine navigation,
especially for larger cargo vessels, is compromised at the St. Lucie River bridge due
to misalignment between its draw span and that of the A I A vehicular bridge to the
west. The opening at the Loxahatchee River bridge is too narrow to allow two boats
to pass through simultaneously, and boating traffic will be constrained with additional
bridge closures. A bridge working group should be established, with participation by
FDOT, FECI, local governments, and marine interests, to identify long -term
structural rehabilitation of both bridges over time. As SIS facilities, the bridge
evaluations should consider the key SIS criteria: economic competitiveness and
quality of life. Consideration should be given to improve the alignment between the
rail and vehicular bridge draw spans at the St. Lucie River crossing and widening of
the Loxahatchee River bridge draw span.
(4) Access to Broadband Capacity:
As an ancillary corridor improvement, FECI's telecommunications division (Parallel
Infrastructure) has indicated it will install a high - capacity fiber optic network within the
FEC corridor from Jacksonville to Miami and from Orlando to Cocoa along State Road
528. This private infrastructure improvement will provide state -of -the -art broadband
capacity that could revolutionize communications and research capabilities for the region
and state. Broadband access can improve the delivery of public services such as
emergency response, improve educational and research opportunities, and provide a
significant economic development enhancement for the region. To help offset costs and
impacts to local governments, the following mitigating measure is suggested:
• Establish Discounted Broadband Access Rate for Public and Select Not - for - Profit
Institutions: FECI, FDOT, and local governments should work together to identify an
appropriate discounted rate for broadband access by local governments and agencies,
0
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educational systems including colleges and universities, hospitals, and not - for - profit
biomedical institutions.
(5) Freight Rationalization
The FEC rail corridor plays a critical role in the movement of freight through the region
and state. The widening of the Panama Canal will enable cargo ships with three times the
capacity of today's vessels to transport freight to Florida, and Port Miami and Port
Everglades are currently being improved to accommodate these "PostPanamax" ships.
Land uses along the FEC rail corridor have developed intensely over time, resulting in
increased freight/land use conflicts. While freight trains produce significant noise and
vibration impacts, passenger trains are lighter, faster, and shorter, making them easier to
accommodate within an urban corridor. Freight trains also cause the greatest impact to
marine navigation and bridge closures due to their slow speed and longer length. FDOT
is currently evaluating the state's freight distribution network, which includes the inland
CSX rail corridor and rail connections from the southern ports. To help reduce project
impacts, the following mitigating measures are suggested:
• Reallocate Freight to the CSX Rail Corridor: The impacts of freight rail traffic
through the urban coastal corridor creates significant impacts today. The corridor
cannot reasonably accommodate projected freight traffic along with AAF's proposed
32 additional daily trains. A long -term, holistic solution is needed to enable the FEC
corridor to be utilized for higher - volume passenger rail service while reducing the
number and intensity of long - distance freight trains. A multi -party agreement should
be developed among FECI, CSX, and FDOT to address the rationalization of freight
in southeast Florida.
(6) Land Use Impacts
The FEC rail corridor is the historic corridor connecting Florida's coastal communities.
Beginning in the early 1900s, as train stations were established, these communities
developed around them as the center of what are today's historic coastal downtowns.
Working with FEC, local governments have invested substantial capital investment in
parking and landscaping improvements in these downtowns, located in easements granted
by FEC. The double- tracking proposed by the AAF project would significantly impact
the economic and visual conditions of these communities and their ability to function. To
help reduce project impacts, the following mitigating measures are suggested:
• Reduce Impacts in Historic Downtowns: Although located on private lands leased
from FEC, public parking and landscaping in historic downtowns is critical to their
continued viability. FECI and local governments should work together to minimize
impacts in historic downtowns to enable them to accommodate the proposed AAF
improvements while balancing the long -term public /private agreements with FEC that
have enabled them to become productive centers of commerce and residential
activity. As the AAF project is designed, all efforts should be made to identify means
in which the location of double tracking and sidings, and treatment of the edges of the
VA
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rail corridor can be softened appropriately to better complement downtown
redevelopment efforts.
(7) Tri -Rail Coastal Link Access Negotiations
Since 2004, local governments in Miami -Dade, Broward, and Palm Beach counties have
been working with FDOT and other agencies towards the extension of Tri -Rail commuter
service on the FEC rail corridor. Access negotiations between FDOT, FECI, and the
South Florida Regional Transportation Authority ( SFRTA) began last year. AAF stations
in West Palm Beach, Fort Lauderdale, and Miami have been designed to accommodate
future Tri-Rail service as well. This multi -modal connectivity can extend the benefits of
the AAF service to other local governments where additional Tri-Rail stations would be
located. To help reduce project impacts and costs to local governments, the following
mitigating measure is suggested:
Finalize Reasonable Access Fees and Terms for Tri -Rail Coastal Link Service: FECI,
FDOT, and SFRTA should work together to determine reasonable access fees and
terms to enable commuter service to be established on the corridor from Jupiter to
Miami in conjunction with the development of the AAF project.
Conclusion
The proposed AAF service represents a unique opportunity to expand the utilization of a private
freight corridor for economic benefit and mobility. The FEC rail corridor provides a connection
to dozens of historic downtowns, both large and small, that were all once "railroad towns."
However, the service as currently proposed does not consider the corridor's development pattern,
locating only three stations in southeast Florida, where economic benefit is focused. The balance
of the Region is bypassed, which imposes project costs without meaningful benefit. The project's
navigational impacts at the Loxahatchee River and St. Lucie River are considerable, and
measures to reduce these impacts, including the potential for freight reallocation and regulatory
adjustment, remain outstanding. Other potential project benefits, such as broadband access, quiet
zones, grade crossing improvements, and commuter rail access, also warrant further evaluation.
These significant issues should be raised for consideration in the EIS well in advance of its
publication to ensure their thorough evaluation by the FRA and collaborating agencies. Further,
given the magnitude of potential impacts from the proposed project, efforts should be taken to
arrange a FRA workshop in the Region for local governments and others to fully understand the
process and methods by which public comments will be received and evaluated.
These issues have also been communicated in correspondence to Governor Scott, the Treasure
Coast Legislative Delegation, and the Treasure Coast Congressional Delegation. This
correspondence is attached.
8
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Subject to modifications
Recommendation
Council should direct staff to: 1) transmit these comments to the Federal Railroad Administration
in advance of the publication of the draft Environmental Impact Statement; and 2) request the
Federal Railroad Administration conduct workshops in the Region for local governments prior to
the issuance of the Environmental Impact Statement.
Attachments
E
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T
MEMORANDUM
To: The Honorable Rick Scott, Governor
Treasure Coast Legislative Delegation
From: Michael J. Busha, AICP
Executive Director 14�
Date: March 10, 2014
Subject: All Aboard Florida
The All Aboard Florida (AAF) project, proposed by Florida East Coast Industries (FECI), has
been the subject of extensive Council and local government discussion since its announcement in
May 2012. The reintroduction of passenger rail service on the Florida East Coast rail corridor
has been a long - standing regional priority and has the potential for improved mobility and varied
economic and environmental benefits. However, the service as currently proposed concentrates
public benefits in communities where stations are planned (West Palm Beach, Fort Lauderdale,
Miami, and Orlando), but imposes costs and impacts to all local governments along the corridor.
There are virtually no public benefits provided to communities north of Palm Beach County. In
addition, cargo- related train traffic is expected to increase with proposed rail corridor and seaport
capacity improvements, creating further local and regional impacts. A better balance of shared
benefits and reduced costs is necessary to protect all local governments and citizens throughout
the Treasure Coast Region.
There are several opportunities available to help mitigate project impacts and more fairly
distribute public benefits throughout the Region. These include:
• State Funding for Ouiet Zone Improvements
- Direct the Florida Rail Enterprise to make quiet zone improvements in the corridor a
top priority and allocate sufficient funding from the Transportation Regional
Incentive Program (TRIP), from the Strategic Intermodal System (SIS), and other
sources for local governments to establish quiet zones, with safe pedestrian pathways,
at all grade crossings along the AAF route.
- FDOT should be compelled to require FECI install the highest degree of safety
infrastructure at all grade crossings to enable the establishment of quiet zones at the
lowest possible cost to state and local government.
"Bringing Communities Together" • Est.1976
421 SW Camden Avenue - Stuart, Florida 34994
Phone (772) 221 -4060 - Fax (772) 221 -4067 - www.tgroc.org
136 of 161
Memorandum to Governor Rick Scott and Treasure Coast Legislative Delegation
March 10, 2014
Page Two
Adopt appropriate amendments to Florida Statutes to alleviate any additional
insurance obligations for local governments due to the establishment of quiet zones.
• Stations and Stops in Martin, St. Lucie and Indian River Counties
Direct FDOT to immediately advance the Amtrak/FEC Corridor Project, which is
already funded in the FDOT Five -Year Work Program. This would provide stations in
Stuart, Fort Pierce, and Vero Beach, which should be designed to also accommodate
AAF trains. FECI should also be directed to add limited AAF service stops in these
communities in the first phase of service.
• Mitigating Railroad Bridge and Navigation Conflicts
Advance amendments, in conjunction with the Congressional Delegation, to the Code
of Federal Regulations (CFR § 117.299 and CFR §117.317) to limit, for example,
railroad bridge closures at the Loxahatchee and St. Lucie rivers to not more than fifteen
minutes per half -hour. FECI should be required to modernize both bridges with
upgraded bridge machinery and provide bridge- tenders during weekends and holidays
to increase safety and public access, and reduce navigation delays.
• Reallocation of Freight to the CSX Rail Corridor
Direct FDOT to execute a freight rationalization program in conjunction with the AAF
project to shift long- distance freight trains away from the FEC's coastal route and onto
the CSX's inland route to reduce impacts on local communities and railroad bridge
closures.
• Broadband Access to Public and Select Not - for -Profit Institutions at a Discounted
Rate
Negotiate a discounted rate with FECI's telecommunications division (Parallel
Infrastructure) for broadband access by local governments and agencies, educational
systems including colleges and universities, hospitals, and not - for - profit biomedical
institutions.
• Establish a Reasonable, Consistent, and Predictable Rate Structure for Municipal
Grade Crossings
Compel FECI to establish standardized agreements with a consistent and reasonable
long -term rate structure to provide greater certainty about the annual and periodic costs
to local governments and public authorities for maintaining FEC rail corridor grade
crossings.
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Memorandum to Governor Rick Scott and Treasure Coast Legislative Delegation
March 10, 2014
Page Three
• Funding for Rail Engineering Specialist Position
Provide funding for one dedicated and independent rail engineering specialist stationed
within the Region to assist local governments with the evaluation, design, construction,
and implementation of rail improvements related to AAF and other rail services.
These actions will help bring balance to what has become an increasingly imbalanced All
Aboard Florida proposal. Council will continue to communicate with FECI and state and local
government regarding the project. These issues should be given full consideration during
preparation of the forthcoming Environmental impact Statement. Council stands ready to review
this document in cooperation with local governments in the Region.
Thank you for taking a leadership role to champion these actions on behalf of the 54 local
governments and 1.9 million citizens of the Treasure Coast Region.
cc: Peter O'Bryan, Chairman, Treasure Coast Regional Planning Council
Treasure Coast Local Governments
Treasure Coast MPO /TPOs
Treasure Coast Regional League of Cities
Palm Beach League of Cities
Treasure Coast Council of Local Governments
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I
MEMORANDUM
To: The Honorable Bill Nelson, U.S. Senate
The Honorable Marco Rubio, U.S. Senate
The Honorable Ted Deutch, U.S. House of Representatives
The Honorable Lois Frankel, U.S. House of Representatives
The Honorable Alcee Hastings, U.S. House of Representatives
The Honorable Patrick Murphy, U.S. House of Representatives
The Honorable Bill Posey, U.S. House of Representatives
From: Michael J. Busha, AICP
Executive Director
Date: March 10, 2014
Subject: All Aboard Florida
The All Aboard Florida (AAF) project, proposed by Florida East Coast Industries (FECI), has
been the subject of extensive Council and local government discussion since its announcement in
May 2012. The reintroduction of passenger rail service on the Florida East Coast rail corridor
has been a long - standing Council priority and has the potential for improved mobility and varied
economic and environmental benefits. However, the service as currently proposed concentrates
public benefits in communities where stations are planned (West Palm Beach, Fort Lauderdale,
Miami, and Orlando), but it imposes costs and impacts to all local governments along the
corridor. In addition, cargo- related train traffic is expected to increase with proposed rail
corridor and seaport capacity improvements, creating further local and regional impacts. A better
balance of shared benefits and reduced costs is necessary to protect all local governments and
citizens in the Treasure Coast Region.
There are several opportunities for the Congressional Delegation to help mitigate project impacts
and more fairly distribute public benefits throughout the Region. These include:
Federal Funding for Ouiet Zone Improvements
The Congressional Delegation should assist in securing a TIGER grant and other
Federal appropriations for local governments to establish quiet zones, with safe
pedestrian pathways, at all grade crossings along the AAF route. The Federal Railroad
Administration (FRA) should be compelled to require FECI to install the highest
degree of safety infrastructure at all grade crossings to enable the establishment of
"Bringing Communities Together" • Est.1976
421 SW Camden Avenue - Stuart, Florida 34994
Phone (772) 221 -4060 - Fax (772) 221 -4067 - wn,w.ternc.orp,
139 of 161
Memorandum to Treasure Coast Congressional Delegation
March 10, 2014
Page Two
quiet zones at the lowest possible cost to state and local governments. The FRA
should also provide a clear definition of what constitutes a "sealed corridor" along the
"Class Six" segment of the railway from approximately Palm Beach Lakes Boulevard
in Palm Beach County north to State Road 528 in Brevard County.
Stations and Stons in Martin, St. Lucie and Indian River Counties
The Congressional Delegation should direct Amtrak to immediately advance the
Amtrak/FEC Corridor Project, which is already funded in the Florida Department of
Transportation Five -Year Work Program. This would provide stations in Stuart, Fort
Pierce, and Vero Beach, which should be designed to also accommodate AAF trains.
FECI should be compelled to add limited AAF service stops in these communities in
the first phase of service.
Mitigating Railroad Bridge and Navigation Conflicts
The Congressional Delegation should direct the U.S. Coast Guard to initiate
amendments to the Code of Federal Regulations (CFR § 117.299 and CFR § 117.317)
to limit, for example, railroad bridge closures at the Loxahatchee and St. Lucie rivers
to not more than fifteen minutes per half -hour. FECI should further be required to
modernize both bridges with upgraded bridge machinery and provide bridge- tenders
during weekends and holidays to increase safety and public access, and reduce
navigation delays.
• Reallocation of Freight to the CSX Rail Corridor
The Congressional Delegation should compel FECI to execute a freight rationalization
program in conjunction with the AAF project to shift long - distance freight trains away
from the FEC's coastal route and onto the CSX's inland route to reduce impacts on
local communities and bridge closures.
Broadband Access to Public and Select Not - for - Profit Institutions at a Discounted
Rate
The Congressional Delegation should compel FECI's telecommunications division
(Parallel Infrastructure) to establish a discounted rate for broadband access by local
governments and agencies, educational systems including colleges and universities,
hospitals, and not -for - profit biomedical institutions.
Establish a Reasonable, Consistent, and Predictable Rate Structure for Municipal
Grade Crossings
The Congressional Delegation should compel FECI to establish standardized
agreements with a reasonable and consistent long -term rate structure to provide greater
certainty about the annual and periodic costs to local governments and public
authorities for maintaining FEC rail corridor grade crossings.
140 of 161
Memorandum to Treasure Coast Congressional Delegation
March 10, 2014
Page Three
• Resolving Commuter Railroad Access Fees and Terms
The Congressional Delegation should compel FECI to establish reasonable railroad access
fees and terms for future commuter rail service in Southeast Florida, as part of FECI's
pending request for a Railroad Rehabilitation and Improvement Fund loan.
These actions will help bring balance to what has become an increasingly imbalanced All
Aboard Florida proposal. Council will continue to communicate with FECI and state, federal and
local agencies regarding the project. These issues should be given full consideration during
preparation of the forthcoming Environmental Impact Statement. Council stands ready to review
this document in cooperation with local governments in the Region.
Thank you for taking a leadership role to champion these actions on behalf of the 54 local
governments and 1.9 million citizens of the Treasure Coast Region.
cc: Peter O'Bryan, Chairman, Treasure Coast Regional Planning Council
Treasure Coast Local Governments
Treasure Coast MPO /TPOs
Treasure Coast Regional League of Cities
Palm Beach League of Cities
Treasure Coast Council of Local Governments
141 of 161
Page 1 of 3
Joseph Griffin
From: Kim Delaney [kdelaney @tcrpc.org]
Sent: Monday, March 17, 2014 5:57 PM
To: dkleman @cityofpsl.com; jbaird @ircgov.com; Joseph Griffin; citymanager @cityoffellsmere.org; Terry O'Neil;
joconnor @covb.org
Cc: outlawf @stlucieco.org; grauth @tji.martin.fl.us; pwalker @sewallspoint.org; rbradshaw @city - ftpierce.com;
jbremer @cityofpsl.com; kbressner @gmail.com; tkyrzda @martin.fl.us; Nicoletti, Paul (City of Stuart); 'mbusha';
'Stephanie Heidt'
Subject: follow -up items from TCCCMH re: "All Aboard Florida" project (AAF file)
Thanks for the opportunity to join you in Vero Beach last week to provide an update on rail, particularly the "All
Aboard Florida" project proposed by Florida East Coast Industries (FECI).
There were three key items for which you requested follow -up, and information is provided below:
(1) ENVIRONMENTAL IMPACT STATEMENT (EIS) PROCESS, SUMMARY & TIMING
I spoke with John Winkle, who's the staff coordinator for the All Aboard Florida EIS process. He confirmed FECI
submitted an application for a Railroad Rehabilitation and Investment Fund (RRIF) loan, which set in motion the FRA's
need to develop an EIS for the project. FECI has provided information that went into developing the draft EIS, which
FRA anticipates being published later this spring. Once the EIS is published, a public review and comment period will
begin, which is a minimum of 45 days but can be longer at the discretion of the FRA. FRA, with AAF, will conduct five
to six public meetings along the corridor (the last set were in Orlando, Fort Pierce, West Palm Beach, Fort Lauderdale,
and Stuart). Public comment can be provided during the workshops, in writing, or by email. Copies of the draft EIS
will be sent to local governments, agencies (such as TCRPC), placed in libraries for review, and others requesting a
copy. The Coast Guard and other agencies are collaborating agencies, but the FRA is the lead agency for the EIS
process.
Key policies to note regarding the preparation, review, and findings related to the EIS:
• National Environmental Policy Act (42 USC 4321)
• Council on Environmental Quality implementing regulations (40 CFR Part 1500)
• FRA's Procedures for Considering Environmental Impacts (64 Fed. Reg. 28545)
• Section 4(f) of the Department of Transportation Act and the National Historic Preservation Act
Procedurally, the process includes:
* publication of draft EIS (45 -day or longer public comment period)
* FRA review
• publication of final EIS (30 -day public comment period)
• publication of "Record of Decision"
John noted out the railroad would not typically require an FRA permit to replace a second track that was previously
there, although Federal and /or State environmental regulations may apply.
If needed, Mr. Winkle's contact information is (202) 493 -6067 or iohn.winkle @dot.�ov.
Less information is available regarding the RRIF loan review requirements or application itself. Information on the
RRIF loan program is available on the FRA website: http: / /www.fra.dot.gov /Page /PO128
(2) LIABILITY FOR QUIET ZONES
142 of 161
3/18/2014
Page 2 of 3
This remains a point of continuing discussion, and we've discussed with several municipal attorneys who are
researching the matter. FRA has two attorneys that deal in this area:
• FRA Preemption Attorney
Colleen Brennan - -- 202 - 493 -6028
FRA Grade Crossing Attorney:
Kathy Shelton - -- 202 - 493 -6063
kathryn.shelton @dot.gov.
We have requested specific information on the implications of liability for local governments from Ms. Shelton, the
FRA Grade Crossing Attorney, and will forward upon receipt.
(3) COAST GUARD PERMITS
As we discussed last week, there are three movable bridges on the corridor: New River (Fort Lauderdale),
Loxahatchee River (Jupiter /Tequesta), and St. Lucie River (Stuart). FECI has indicated it is not seeking a permit for
modifications to the St. Lucie River bridge, but it is seeking a "rehabilitation permit" for the Loxahatchee River bridge
(to replace a span that was there historically). The US Coast Guard has previously indicated the rehabilitation permit
would be included in the EIS, and we've asked for a confirmation. Will forward additional information upon receipt.
Also, FYI, the Council agenda item regarding the "All Aboard Florida" update is now posted on the TCRPC website, link
to agenda is here: http: / /www.tcrpc.org /council meetings /2014 /MAR14 /MarAgenda.html.
Please advise if we can provide additional information that would be helpful.
Thanks.
-- Kim.
KIM DELANEY, PH.D.
STRATEGIC DEVELOPMENT COORDINATOR
TREASURE COAST REGIONAL PLANNING COUNCIL
421 SW CAMDEN AVENUE
STUART, FL 34994
OFC: 772.221.4060
FAx: 772.221.4067
EMAIL: KDELANEYgTCRPC.ORG
WWW.TCRPC.ORG
3/18/2014 ? ,1,- 3 o%S 1 /O "� 62
RESOLUTION NO. R -14-
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, REQUESTING THAT THE STATE OF FLORIDA REQUIRE ALL
ABOARD FLORIDA TO FUND ALL NECESSARY STEPS TO PRESERVE AND
ENHANCE THE QUALITY OF LIFE FOR VISTORS TO AND RESIDENTS OF
THE CITY OF SEBASTIAN, TO FUND THE COST OF QUIET ZONES AT ALL
RAILROAD CROSSINGS LOCATED WITHIN THE CITY OF SEBASTIAN OR,
IN THE ALTERNATIVE, REQUIRE THE STATE OF FLORIDA TO PROVIDE
FUNDING FOR THE COST OF THOSE QUIET ZONES; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Sebastian acknowledges the efforts of Florida East Coast
Industries to construct a high speed passenger rail system, called All Aboard Florida, from
Miami to Orlando along current and additional FEC tracks; and
WHEREAS, a minimum of 5 railroad crossings are located in The City of Sebastian; and
WHEREAS, the All Aboard Florida Project will increase railroad traffic and train noise;
and
WHEREAS, thousands of people who reside in close proximity to these crossings would
be significantly affected by traffic, noise and possible safety aspects of increased railroad traffic;
and
WHEREAS, All Aboard Florida trains are proposed to travel in close proximity to our
designated Historic District, which contains both residential and commercial historical structures,
many of which have been restored at great expense, with some listed on the state and /or
national historic register; and
WHEREAS, ingress to and egress from Sebastian Highlands to the Community
Redevelopment Riverfront District, which the citizens and the government have spent millions of
dollars to redevelop, will be severely impacted by increased railroad traffic; and
WHEREAS, the FECI tracks run close to the environmentally sensitive Indian River
Lagoon, which is the essence of the Treasure Coast and the most diverse estuary in North
America, and reduction in waterfront access due to railroad traffic would significantly reduce
economic and recreational opportunities for our community; and
WHEREAS, quiet zones are needed at all affected railroad crossings in order to mitigate
the impacts of increased railroad traffic and railroad noise and to protect the health, safety, and
the quality of life of all City of Sebastian residents, businesses, and visitors; and
WHEREAS, the preservation of the quality of life of the City will, at the very least,
depend on All Aboard Florida improving the rail crossings to maximize safety and minimize
noise and disruption; and
WHEREAS, the State of Florida has expressed a commitment to the success of All
Aboard Florida, and may not have recognized the potential major disruption that it may bring to
the City of Sebastian without direct passenger rail benefits;
144 of 161
WHEREAS, businesses along the Interstates will lose revenue as a result of redirecting
travelers from roadways to railways;
WHEREAS, the cost of upgrading the infrastructure at crossings to meet maximum
safety requirements would be beyond the funding ability of the City of Sebastian; and
WHEREAS, the City of Sebastian requires financial assistance for infrastructure
improvements and other road and traffic related construction, to keep our citizens safe, and our
jurisdictions solvent.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, as follows:
Section 1. The City of Sebastian formally requests that the State of Florida require All
Aboard Florida to fund the cost of all improvements required to mitigate impacts resulting from
railroad expansion including quiet zones that may be designated in the near future.
Section 2. The City of Sebastian also requests any state funding assistance for All
Aboard Florida related infrastructure access not displace funds already committed to projects in
the City of Sebastian by the Florida Department of Transportation.
Section 3. The City of Sebastian encourages the State to consider financial
assistance to those local businesses that will lose revenue as a result of the shift of travelers
away from the roadways to railways.
Section 4. The City of Sebastian encourages the Governor and State Legislators to do
all within their power to urge FECI to explore extending direct benefits of passenger rail service
to the City of Sebastian, to provide funding for crossing enhancements and corridor
improvements, and explore partnerships from which the area may benefit directly to offset
and /or mitigate the impacts of All Aboard Florida.
The foregoing Resolution was moved for adoption by ,
seconded by and upon, being put to a vote, the vote was as
follows:
Mayor Bob McPartlan
Vice Mayor Jim Hill
Council Member Jerome Adams
Council Member Andrea Coy
Council Member Richard Gillmor
2
145 of 161
The Mayor thereupon declared this Resolution duly passed and adopted this day
of 2014.
CITY OF SEBASTIAN, FLORIDA
Bv:
Bob McPartlan, Mayor
ATTEST:
Sally A. Maio, MMC
City Clerk
Approved as to Form and Content for
Reliance by the City of Sebastian Only:
Robert A. Ginsburg, City Attorney
3
146 of 161
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153 of 161
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HOME OFPEUCANiSLMtD CITY COUNCIL AGENDA TRANSMITTAL FORM
COUNCIL MEETING DATE: March 26, 2014
AGENDA ITEM TITLE: Resolution No. R -14 -07 Amending Resolution No. R -13 -25
Readopting Financial Policies governing the Operating Budget, Financial Reserves, Use of
Surplus, Performance Measurement, Capital Improvement Program, Debt Management, Revenue
and Investment.
RECOMMENDATION: Move to approve Resolution R- 14 -07.
BACKGROUND:
Pursuant to our current financial policies, the City shall transfer fifty percent (50 %) of any current
year General Fund operating surplus (revenues in excess of expenditures) into a capital
equipment replacement reserve for the purpose of creating a perpetual funding method for
replacing capital equipment. For the year ended September 30, 2013, we had a General Fund
operating surplus for the first time in several years and now have $233,643 or fifty percent (50 %)
of that year's $467,286 surplus so designated.
We successfully protected the level of our General Fund Operating Reserves in the past few very
difficult years with a strategy of limiting spending on personnel and other operating and
maintenance expenditures. At this time, Staff believes it is important to focus on how the deferral
of equipment and facility maintenance and replacement has begun to accumulate a growing list of
potential needs. It is not reasonable or practical to budget each of these separately in the budget
in case they do break down, but a method is needed to have the funds available to immediately
repair or replace them in order to continue the expected services.
This Resolution would rename the present reserve to a Capital Asset Renewal and Replacement
Reserve and authorize the City Manager to use it on unbudgeted repairs or replacements of
facilities or equipment that are necessary to restore or continue operations in a safe and cost -
effective manner and in the shortest possible time. The City Manager is still subject to City Code
Section 2 -10 that requires approval to spend $15,000 or more but this would provide a readily
available source of funds to proceed on purchases of a lower amount. The City Manager would
then be required to report those expenditures with the next Quarterly Financial Report. The
Resolution would also have the reserve created from one hundred percent (100 %) of the operating
surplus, which would provide an initial balance of the full $467,286 surplus from last year.
IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS:
Total Cost: None
Amount Budgeted in Current FY: N/A
If Cost Requires Appropriation: N/A
Amount of Appropriation Required: None
Fund to Be Utilized for Appropriation: N/A
ATTACHMENTS: Resolution No. R -14 -07
City Manager Authorizatiory
Date:
/`f d66
154 of 161
RESOLUTION NO. R -14 -07
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA
AMENDING FINANCIAL POLICIES ADOPTED BY RESOLUTION R -13 -25 TO RENAME THE
EQUIPMENT REPLACEMENT RESERVE TO CAPITAL RENEWAL AND REPLACEMENT
RESERVE; DIRECTING THAT THE GENERAL FUND OPERATING SURPLUS BE ASSIGNED
THERETO; AUTHORIZING THE CITY MANAGER TO USE SUCH FUNDS IN CERTAIN
INSTANCES SUBJECT TO CITY CODE SECTION 2 -10; PROVIDING FOR REPORTING THE
USE OF SUCH FUNDS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Sebastian adopted Resolution No. R -13 -25 on September 25, 2013
readopting amended financial policies; and
WHEREAS, the City of Sebastian has deferred maintenance of equipment and facilities and desires
to make funds available to the City Manager to immediately proceed with repairing or replacing essential
equipment or facilities in instances where those items have not been budgeted; and
WHEREAS, the City of Sebastian reported a General Fund operating surplus for the period ending
September 30, 2013 and has the funds to be initially assign for these purposes;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, THAT:
Section 1. The City Council of the City of Sebastian hereby amends the Financial Policies governing the
Operating Budget, Financial Reserves, Use of Surplus, Performance Measurement, Capital Improvement
Program, Debt Management, Revenue, and Investment to rename the Equipment Replacement Reserve to
Capital Renewal and Replacement Reserve.
Section 2. The City Council of the City of Sebastian hereby directs that the General Fund operating surplus
(revenues in excess of expenditures) in any year be assigned to the Capital Renewal and Replacement Reserve.
Section 3. The City Council of the City of Sebastian hereby authorizes the City Manager to utilize the
Capital Renewal and Replacement Reserve to immediately proceed with repairing or replacing essential
General Fund equipment or facilities in instances where those items have not been budgeted. Such expenditures
shall be governed by the purchasing thresholds set by City Code Section 2 -10 and shall be reported to the City
Council within the next Quarterly Financial Report.
Section 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed.
Section 5. This Resolution shall become effective immediately upon its adoption.
It was moved for adoption by Councilmember
The motion was seconded by Councilmember
was as follows:
Mayor Bob McPartlan
Vice -Mayor Jim Hill
Councilmember Andrea Coy
Councilmember Jerome Adams
Councilmember Richard Gillmor
and, upon being put to a vote, the vote
The Mayor thereupon declared this Resolution duly passed and adopted this 26'h day of March 2014.
ATTEST:
Sally A. Maio, MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
Mayor Bob McPartlan
Approved as to form and content for
reliance by the City of Sebastian only:
Robert A. Ginsburg
City Attorney
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CrNCF
HOME OFFEUCANIRAND CITY COUNCIL AGENDA TRANSMITTAL FORM
Council Meeting Date: 26 March 2014
Agenda Item Title: Facility Use Agreement
Recommendation: Approve Facility Use Agreement between the City of
Sebastian and Indian River State College.
Background: Recently the Interim City Manager received e-mail communication
from Dr. David Sullivan, Provost, Indian River State College (IRSC). That
communication satisfied the IRSC requirement of communication between the
parties that would provide for an automatic renewal of the Facility Use Agreement
between the City and IRSC. That agreement covers IRSC use /occupancy at the
Historic Old Sebastian Elementary School. Barring any instructions by Council to
the contrary, the Interim City Manager will respond to Dr. Sullivan with appropriate
correspondence thereby extending the agreement between the City and IRSC for
one year.
If Agenda Item Requires Expenditure of Funds:
Total Cost: n/a
Amount Budgeted in Current FY: n/a
If Cost Requires Appropriation: n/a
Amount of Appropriation Required: n/a
Fund to Be Utilized for Appropriation: n/a
Attachments: 1. E -mail b/t David Sullivan and ICM.
2. Facility Use Agreement b/t City and IRSC.
3. April 9, 2013 correspondence b/t City and Dr. Sullivan.
Interim City Manager Authorization:
Date:
156 of 161
Page 1 of 1
Joseph Griffin
From: David Sullivan [dsulliva @irsc.edu]
Sent: Tuesday, March 18, 2014 2:51 PM
To: Joseph Griffin
Subject: Annual facility communication
Hi Joe. I am checking in to give you a heads -up about our annual communication to extend our facility usage agreement another year. I will
fax you the one from last year. From our standpoint we would like to continue the Facilities Use Agreement as -is for another year,
commencing on August 1, 2014 (pursuant to Article 1). Any concerns? Thanks. David
"t.
David Sullivan, Ed.D
Provost, Indian River County
Ph: 772-226-2505
E -mail: dsulliva @irsc.edu
157 of 161
3/18/2014
FACiLTTY USE AGREEMENT
BETWEEN CITY AND INDIAN RIVER COMMUNITY COLLEGE
The CITY OF SEBASTIAN, a Florida municipal corporation, referred to in this agreement as
"Owner ", hereby agrees to provide to the INDIAN RIVER COMMUNITY COLLEGE, a public agency,
referred to as "College ", classroom space at the Sebastian City Hall Complex as described below, referred
to as "the Premises ", lying and being in the county of Indian River, State of Florida.
The parties agree to be legally bound as follows:
I. TERM AND OCCUPATION
The term of this Agreement shall be for an initial period of one (1) year commencing at 12:01 A.M.
on the 1st day of August, 2007, and the agreement shall automatically renew on the anniversary date thereof,
provided that each party gives the other written notice no less than ninety (90) days before any such
anniversary of its intent to renew the agreement.
II. PREMISES
Upon written notice from Owner that renovations have been completed at said Historic Old
Sebastian Elementary School, College may commence its operations on the second floor of said historic
structure. The owner agrees to allow the college to post exterior signage with design approval by the City.
III. RENT
College agrees to pay the Owner as rent for the use and occupancy of the Premises the amount of
$35 per class, per occurrence, payable at the end of each semester (semesters would be fall, spring and
combined summer), at the Finance Department office of Owner or such other place or places as Owner may
from time to time designate by written notice given to College. There would be a maximum semester
payment of $4,000, payable in the same manner as set forth above.
IV. USE OF PREMISES
The premises shall be used by College for purposes of education in accordance with its mission
and directives, including such ancillary use of space as is typically associated therewith, and other uses
naturally associated therewith, and for no other use or uses without the express written consent of Owner.
However, College shall not commit or permit the commission of any acts on the premises, nor use
nor permit the use of the premises in any way that:
(a) violates or conflicts with any law, statute, ordinance, or governmental rule or regulation,
whether now in force or hereinafter enacted, governing the premises; or
(b) constitutes the commission of waste on the premises or the commission or maintenance of a
nuisance.
It is anticipated that College will equip up to four rooms with technological tools for teaching such as
computers and video systems. College will be responsible for installing any additional telecommunication
lines or other devices necessary to utilize these technological tools. College shall be responsible for all fees
and charges incurred to service providers associated with these technological tools.
Upon written notice by College that the rooms have been significantly equipped with these
technological tools, the rooms containing such equipment may be locked and secured by College and Owner
will not make this portion of the Premises available for use by others. However, College will utilize its best
efforts to manage the technological resources in a manner that will allow the greatest degree of nonexclusive
use of the facilities.
158 of 161
V. ASSIGNMENT
College may not assign or otherwise transfer rights in this Agreement without the prior express
written consent of Owner.
VI. SURRENDER OF PREMISES
At the end of each period of use, College shall leave the premises in as good condition as they were
at the time of occupation by College, reasonable wear and tear excepted.
VII. DESTRUCTION OF PREMISES
In the event the building and/or other improvements erected on the premises are destroyed or
damaged by fire or other casualty, the Owner shall have no responsibility or obligation to make any
expenditures toward the repair and/or replacement of the building and other improvements on the
Premises. Owner, at its option, shall either cause said building and/or other improvements to be replaced
or said damage to be repaired as rapidly as practicable, or shall elect not to repair the premises and
terminate the Agreement. In the event repairs to the Premises are undertaken and it is reasonable
anticipated that it shall take more that thirty (30) days to complete the same, either party may elect to
terminate the Agreement without further obligation.
VIII. ALTERATIONS
College shall not make or permit any other person to make alterations to the Premises without the
prior written consent of Owner. Any alterations to the Premises by College shall be made at the sole cost and
expense of College. Any and all alterations or improvements made to the Premises shall on expiration or
sooner termination of this Agreement become the property of Owner.
IX. UNREMOVED TRADE FIXTURES
Any trade fixtures that are not removed from the premises by College 30 days after this Agreement's
expiration or sooner termination, regardless of cause, shall be deemed abandoned by College and shall
automatically become the property of Owner as owner of the real property to which they are affixed.
X. ACTS CONSTITUTING BREACHES BY COLLEGE
College shall be guilty of a material default and breach of this Agreement should:
(a) College default in the performance of or breach any provision, covenant, or condition of this
Agreement and such default or breach is not cured within thirty days after written notice thereof is given by
Owner to College; or
(b) College abandons the premises before expiration of the term of this Agreement.
XI. REMEDIES FOR DEFAULT
Communication between parties is encouraged to resolve all problems.
Should either party be guilty of a material default and breach of this Agreement as defined in this
Agreement, that party shall have available the remedies given by law or equity, and a non - defaulting party
shall additionally be entitled to an award of court costs and attorney's fees against the defaulting party. The
parties waive the right to trial by j ury of all issues so triable.
XII. WAIVER OF BREACH
The waiver by Owner of any breach by College of any of the provisions of this Agreement shall not
constitute a continuing waiver or a waiver of any subsequent breach by College either of the same or another
provision of this Agreement.
159 of 161
XIII. NOTICES
Any notice, report, statement, approval, consent designation, demand or request to be given and
any option or election to be exercised by a party under the provisions of this Agreement shall be effective
only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid)
to the other party at the address given below:
Owner: City of Sebastian
1225 Main Street
Sebastian, FL 32958
Attn: City Manager
College: Indian River Community College
6155 College Lane
Vero Beach, Florida 32966
Attn: Dr. David Sullivan
provided, however, that either party may designate a different representative or address from time to time
by giving to the other party notice in writing of the change.
EXECUTED on this day of, 2007, at Sebastian, Florida.
ATTEST:
By
Sally A. o, MMC
City Cl
Approved as to Form and Legality for
Reliance by the City of Sebastian only:
Ric String , ity 0orney
THE DISTRICT BOARD OF TRUSTEES OF
INDIAN RIVER COMMUNITY COLLEGE
Chairman: Cheryl Kirton
Date 'n
Attest:,(
Dr. Edwin R. Massey
President
CITY OF
A MAnici
, City Manager
160 of 161
CROF
SERASUVANN
HOME OF PELICAN ISLAND
1225 MAIN STREET • SEBASTIAN, FLORIDA 32958
TELEPHONE: (772) 589 -5330 • FAX (772) 589 -5570
April 9, 2013
David Sullivan, Ed.D
Provost
Indian River State College
6155 College Lane
Vero Beach, FL 32966
Dear Dr. Sullivan:
Pursuant to Article I of the Facilities Use Agreement between the City of Sebastian and Indian
River State College, please accept this correspondence as notice to extend the agreement for
another one year term commencing on August 1, 2013.
On behalf of the City Council, we continue to enjoy our relationship and wish the College
continued success in Sebastian.
Cc: Members of the Sebastian City Council
Sally Maio, City Clerk
Robert A. Ginsburg, City Attorney
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