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Agenda 02/26/2019 Item # 2C02/26/2019 COLLIER COUNTY Board of County Commissioners Item Number: 2.C Item Summary: February 5, 2019 - BCC/Fertilizer Ordinance Workshop Meeting Minutes Meeting Date: 02/26/2019 Prepared by: Title: Executive Secretary to County Manager – County Manager's Office Name: MaryJo Brock 02/19/2019 7:54 AM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 02/19/2019 7:54 AM Approved By: Review: County Manager's Office MaryJo Brock County Manager Review Completed 02/19/2019 7:54 AM Board of County Commissioners MaryJo Brock Meeting Pending 02/26/2019 9:00 AM 2.C Packet Pg. 12 February 5, 2019 Page 1 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 February 5, 2019 Page 2 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 information purposes. B. Turf Grass Science 1. Turf Grass Science February 5, 2019 Page 3 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 Page 4  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 Page 5 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. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ______________________________________ Chairman, William L. McDaniel, Jr. These minutes approved by the Board/Committee on _________________ as presented________ or as amended ___________.