BCC Minutes 02/05/2019 W (Fertilizer Ordinance) February 5, 2019
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MINUTES OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS WORKSHOP MEETING
Naples, Florida, February 5, 2019
LET IT BE REMEMBERED the Board of County Commissioners in and for the County of
Collier, having conducted business herein, met on this date at 1:00 P.M. in a WORKSHOP
SESSION in Building “F” of the Government Complex, Naples, Florida with the Following
members present:
Chairman: William L. McDaniel, Jr.
Burt L. Saunders
Andy Solis
Donna Fiala
Penny Taylor
ALSO PRESENT:
Leo Ochs, County Manager
Jeff Klatzkow, County Attorney
Troy Miller, TV Operations Manager
Geoff Willig, Operations Analyst
Steve Carnell, Department Head, Public Services
Danette Kinaszczuk, Pollution Control
COLLIER COUNTY
Board of County Commissioners
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BCC/FERTILIZER ORDINANCE
WORKSHOP AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East,3rd Floor
Naples,FL 34112
February 05,2019
1:00 PM
Commissioner William L.McDaniel,Jr.,District 5-Chair; CRAB Co-Chair
Commissioner Burt Saunders,District 3-Vice-Chair
Commissioner Donna Fiala,District 1;CRAB Co-Chair
Commissioner Andy Solis,District 2
Commissioner Penny Taylor,District 4
Notice:All persons wishing to speak must turn in a speaker slip.Each speaker will receive no more than three(3)minutes.
Collier County Ordinance No.2003-53 as amended by Ordinance 2004-05 and 2007-24,requires that all lobbyists shall,
before engaging in any lobbying activities(including but not limited to,addressing the Board of County Commissioners),
register with the Clerk to the Board at the Board Minutes and Records Department.
1. PLEDGE OF ALLEGIANCE
2. WORKSHOP TOPICS
2.A. Fertilizer Ordinance-Staff Presentation(Danette Kinaszczuk)
2.B. Turfgrass Science-(Dr.Trenholm-IFAS)
2.C. Environmental Effects-(Mac Carraway-EREF)
3. PUBLIC COMMENTS
4. ADJOURN
Inquiries concerning changes to the Board's Agenda should be made to the County Manager's Office at
252-8383.
February 5, 2019
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Any persons in need of the verbatim record of the meeting may request a copy of the video recording
from the Collier County Communications and Customer Relations Department or view online.
1. Pledge of Allegiance
The Pledge of Allegiance was recited.
Also Present: Charles Chapman, Naples City Manager; Naples City Council Members: Michelle
McLeod, Reg Buxton and Ellen Seigal.
David Harden, Marco Island City Manager; Marco Island City Council Members: Charlotte Roman,
Victor Rios, Sam Young, Larry Honig, Jared Girfoni and Howard Reed.
2. Workshop Topics
A. Fertilizer Ordinance
1. Fertilizer Ordinance Workshop Presentation – Pollution Control
Ms. Kinaszczuk presented the PowerPoint “Fertilizer Ordinance Workshop February 5, 2019”
highlighting:
The County is revising the Fertilizer Ordinance and Staff has been working on a
collaboration effort with the City of Naples and Marco Island to determine any areas of
commonality to help ensure proper water quality is maintained in the region.
There are several areas where the Ordinances coincide such as a no phosphorus
application without a soil test, no fertilizer within 10 feet of a waterbody, no fertilizer on
hard surfaces, no grass/plant clippings on hard surfaces, etc.
One area of diversion is on the requirements of a blackout period, a time during the rainy
season when application of fertilizer are prohibited.
The City of Marco Island enacted a blackout period, a time during the rainy season when
fertilizer applications are prohibited.
The County, City of Naples currently does not have a blackout period, nor does the State
model ordinance.
There is a new bill which has been introduced in Florida (HB 157) which would require
localities to adopt and enforce the State Model Ordinance which includes a “blackout
period” where fertilizer may not be applied during the wet season.
County Staff is currently not recommending a “blackout period” for the revised
Ordinance.
She noted the main discussion points for today are whether a “blackout period” should be
instituted in the County.
2. Fertilizer Workshop Ordinance Comparison Handout
Ms. Kinaszczuk provided the spreadsheet “Fertilizer Comparison and Staff Recommendations,”
an analysis of the 3 jurisdictions requirements.
3. Turf Rule 5E-1.003
Ms. Kinaszczuk provided a copy of “Section 5E-1.003 – Turf Rule of the Florida Administrative
Code” for informational purposes.
B. Turf Grass Science
1. Turf Grass Science
February 5, 2019
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Laura E. Trenholm, Ph.D Urban Grass Specials – IFAS presented the PowerPoint “The
Science Behind Fertilizer Timing and Rates for Turf Grass in Florida” highlighting:
She has completed extensive studies on the impacts of fertilizer applications on turf
grasses in Florida.
UF-IFAS research overwhelmingly shows when fertilizer is applied to health actively
growing turf, very little nitrate leaches from the system during the wet season given the
turf’s ability to process the elements during these times.
The UF‐IFAS has developed recommended fertilizer rate applications to maintain healthy
turf and limit nitrate leaching.
The fertilizer should be applied in the wet season when the grass is actively growing as
there is a dormancy period in the winter for the turf.
There is no data to support blackout periods during the summertime tend to reduce nitrate
loading.
During Workshop Member discussion Ms. Trenholm noted:
Excessive watering promotes an avenue for pathogens to enter the system damaging the
turf.
Studies were conducted in Gainesville and Fort Lauderdale on nitrate loading with
similar results.
Use of St. Augustine grass should not be limited as it is highly adaptive to the soil in this
region.
When establishing requirements, it is important to keep in mind, the regions are diverse
and a “one size fits all” approach may not be beneficial.
C. Environmental Effects
1. Collier County Presentation EREF Final
Mac Carraway, Executive Director of the Environmental Research & Education
Foundation presented a PowerPoint on his findings regarding red tide occurrences and black out
periods for fertilizer applications noting:
Water quality has generally improved in the estuaries over recent years due to decades of
CWA actions by local governments, industry and agencies managing coastal pollution.
The red tide outbreaks are primarily an ocean physics phenomenon and totally unrelated
to policy making as history and science indicate they are periodic, unpredictable and will
re-occur.
Red tide organism counts were consistently the highest in the coastal areas around the
counties with the oldest and strongest fertilizer blackouts – Sarasota, Manatee, and
Pinellas Counties.
Land based nutrients play a minor role in red tide and blackout periods have had no
material impact on reducing nutrient loading.
An example is the Indian River Lagoon (IRL) where activists promoted the blackouts
with promises that IRL would be just like Tampa Bay if they simply utilized blackout
periods however to date, nothing has changed.
As determined at the time, septic leaching has emerged as the principal factor in the
pollution.
February 5, 2019
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One key to success is eliminating point source pollution such as improperly functioning
septic systems and engaging in active, advanced management of stormwater systems.
The industry’s decades-long implementation of best management practices and
professional licensure have improved Florida’s water quality over time as well.
Any regulations need to be developed on science based data to be successful.
During Workshop Member discussion Mr. Carraway noted:
He has not undertaken research on the blue green algae outbreaks, however the Florida
Fish and Wildlife Conservation Commission and Mote Marine are a potential source of
information for those interested.
The fertilizer blackout period had little effect on the success of the Seagrass recovery in
Tampa Bay.
The regulations did help restrict the applications during the blackout period as research
indicates licensed professional abide by the ban.
There are still to date a number of septic systems in use in the Goodland and Isle of Capri
areas.
Speakers
Tim Nance provided samples of fertilizers that utilize controlled releases, some up to 365 days a
year. He recommended focusing on when the elements are released as opposed to the time they
are applied to the surface. The extended time release fertilizers are not available to the public
and are significantly more expensive but may require fewer applications during the year.
Gene Burson supports the ban and grass does not appear to have a dormancy period in this
region and was not in favor of a Countywide Ordinance including the municipalities.
Diane Belbruno supports a blackout.
Frank Perrucci, Marine Association of Collier County supported Mr. Nance’s observation.
Kelly McNab, Conservancy of Southwest Florida presented a brief PowerPoint “Stringent
Local Fertilizer Ordinance” and supports the blackout period.
Marco Kern recommended the County adopt the City of Marco Island requirements.
Loralee LeBouef supported the Conservancy’s position.
Phil Douglas supports the blackout period and enhanced enforcement and educational practices.
Tom Wichman, Green Industry supports the research and recommends a science based
approach be applied to any regulations.
Diane Walsh supports a blackout period.
Janice Hoeschler supports a blackout period.
Lois Kelley supports a blackout period.
Maria Lamb opposes a Countywide Ordinance as Marco Island has unique features.
Megan Frazier supports an Ordinance and recommends a middle ground be sought.
Van Williams noted a blackout period doesn’t mean no fertilizer as there is time release
materials which may be used prior to the rainy season.
Brad Cornell, Audubon of the Western Everglades reported there are studies that support a
blackout period and the concern is not isolated to estuaries but impacts on wetlands as well.
Harrison Langley supports the blackout period.
Todd Josko, Tru Green is not in favor of a blackout period as it is not supported by science.
Peter Dugan supports a blackout period.
February 5,2019
Jesse Pruden,VP Public Policy of NABOR water quality is a major issue to the real estate
industry and expressed concern on the ban as the science does not appear to support it.
Patricia Forican, League of Women Voters provided a copy of Dr. Judith Hushon's op ed in
support of a blackout period.
Mr. Klatzkow,County attorney reported it may not be feasible to adopt an Ordinance requiring
a specific type of fertilizer to be applied.
Roger Jacobsen City of Naples Code Enforcement reported when the City had a blackout
period, the enforcement was relatively easy, usually by visual observation.
Chad Washburn,Naples Botanical Garden provided a brief overview of their practices noting
as a precautionary measure, they do not apply fertilizers during the rainy season.
Mr. Ochs reported there does not appear to be a consensus on adopting a uniform ordinance
incorporating all jurisdictions and County Staff will bring their Ordinance forth to the BCC
for consideration.
3. Public Comment
None
*****
There being no further business for the good of the County, the meeting was adjourned by order
of the chair at 4:00 P.M.
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These minutes approved by the Board/Committee on a -AG( as presented ✓ or as
amended
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