EAC Minutes 04/13/2011
April 13, 2011
MINUTES OF THE MEETING OF THE COLLIER COUNTY
ENVIRONMENTAL ADVISORY COUNCIL
RECEIVED
MAY 1 8 2011
Naples, Florida, April 13, 2011
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LET IT BE REMEMBERED, that the Collier County Environmental
Advisory Council in and for the County of Collier, having conducted
business herein, met on this date at 9:00 AM in a REGULAR SESSION at
the Growth Management Division Building, Room 609/610 2800 N.
Horseshoe Drive, Naples, Florida with the following members present:
CHAIRMAN: Dr. Judith Hushon
VICE CHAIRMAN: Andrew Dickman
Michael Sorrell
Gina Downs
David Bishof
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ALSO PRESENT: Steve Williams, Assistant County Attorney
Summer Araque, Sr. Environmentalist Specialist
Mac Hatcher, Sr. Environmental Specialist
Mise, Corres:
Fiala
Hiller
Henning
Coyle
Coletta
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April 13,2011
I. Call to Order
Chairman Hushon called the meeting to order at 9:00AM.
II. Roll Call
Roll call was taken and a quorum was established.
Gary McNally was introduced as an Alternate Member of the Environmental
Advisory Council
III. Approval of Agenda
Mr. Sorrell moved to approve the Agenda. Second by Ms. Downs. Carried
unanimously 3 - O.
IV. Approval of the March 2,2011 meeting minutes
Ms. Downs moved to approve the minutes of the March 2, 2011 meeting. Second by
Mr. Sorrell. Carried unanimously 3 - O.
Mr, Bishofarrived at 9:02am
V.
Upcoming Environmental Advisory Council Absences
None
VI.
Land Use Petitions
None
VII.
New Business
None
VIII.
Old Business
A. Watershed Management Plan Update - Mac Hatcher (Land Development
Services)
Mac Hatcher provided a copy of a memo he prepared for the Council dated April
1,2011 - Subjed' "SlIlfrSummarv April! 3, 20!! Watershed Management Plan
Workshop Updllle, "
Peter deGolian and Moris Cabezas of Atkins presented the Slideshow
"Watershed Management Plan April! 3, ]O!!" which was an overview on the
Recommended Projects. Policy and Regulatory Recommendations the Plan.
Mr. Dickman arrived at IO:! Ollln
Break: !O:30am
Reconvened: !O:-!Oam
Due to A.1r, Cornell's time constraints the Council determined to hear his comments on
the Watershed Management Plan and continue the presentlllion afier discussion of the
proposed Collier County Fertilizer Ordinance,
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April 13, 2011
Speaker
Brad Cornell, Collier Audubon/Audubon of Florida noted the 175 canal is over
draining lands in the area Florida Panther National Wildlife Refuge and wants to
ensure the phenomenon has been analyzed in the Study. He questions whether
landowners will embrace the concept of ditch blocks and suggested the County
consider mitigation credits for allowing the practice. Also, consider the concept
of allowing water to remain on fallow fields longer to improve the wading bird
habitat and general hydro geologic conditions in the area.
Collier County Fertilizer Ordinance Discussion
Mac Hatcher submitted the final copy of a "Proposed Fertilizer Ordinance"
(Proposed Ordinance) for consideration. He noted:
. Jurisdictions with impaired water bodies (i.e. Collier County) are
required to adopt at a minimum, the Florida State Model Fertilizer
Ordinance" (Model Ordinance).
. The jurisdiction may imposc stricter requircments than the Model
Ordinance.
. A "Draft Fertilizer Ordinance" (Draft Ordinance) bascd on thc Model
Ordinance with additional requircmcnts incorporatcd as a rcsult of
commcnts from Stakcholdcrs, State Agencies and County Advisory
Boards was prcparcd by Staff
. Thc Drafi Ordinance proposed a morc stringcnt Prohibition Application
Pcriod for fertilizcrs (Junc through September) and included cxcmptions
for golf courses, ncwly plantcd turf and/or landscape plants.
. As rcquircd, the Draft Ordinance was submitted to the Federal
Departmcnt of Environmental Protcction, thc Florida Dcpartmcnt of
Agriculturc and Consumer Services and Univcrsity of Florida Institutc
of Food and Agricultural Scicnces for comment (on or about 2/2/2011),
. Thc Agcncies indicatcd thcre is not sufficient scientific evidencc to
substantiate the bcnefits of imposing a more stringent "Prohibition
Application Pcriod."
. Based on Agcncy Comments, thc Proposed Ordinance includcs a
"Prohibition Application Period" in accordancc with the Model
Ordinance.
Speakers
Herb Schuchman, Island Walk of Naples reportcd thc community cstablishcd a
"State ofthc Lakes Committec" to determine the causes ofthc dcteriorating watcr
conditions found within their lakes. Among othcr findings, the studies indicate
the water cntering the lakes is 40% higher in nitrogcn than thc watcr found within
thc community. Thc studies also dctermincd fcrtilizers are a contributing factor
(not the major factor) to the demisc ofthc water quality. The community
rccognizes turfmanagcment practiccs arc rcquired however, recommended the
morc stringent fcrtilization requircmcnts ofthc "Draft Ordinance" be adopted.
Hc contacted approximately 8 jurisdictions who cnacted the more stringent
rcquirements, with nonc of them reporting a ncgativc impact on turf quality,
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April 13, 2011
Their community study is ongoing and thcy will rcport back to thc EAC on thc
findings.
It was notcd thc Florida Departmcnt of Transportation has complcted studics on
thc impacts of utilizing rcduccd fcrtilizcr application ratcs. Thc study found thcrc
wcrc not negativc impacts on turf quality.
Amber Crooks, Conservancy of Southwest Florida statcd they support the
morc stringcnt rcquiremcnts proposcd in thc "Draf! Ordinance:' Communitics
may adopt more stringcnt standards and thc Agcncies who commentcd arc not
requircd to approvc the Ordinancc. Their commcnts tcnd to rcflcct concerns on
turf quality as opposcd to watcr quality. Othcr jurisdictions adopting morc
stringent standards havc reportcd improvcd watcr quality. She rcqucstcd thc EAC
rccommcnd the BCC adopt an Ordinancc incorporating the following
rcquircmcnts: Usc of fcrtilizcrs containing 0% phosphorous and at least 50%
slow rcleasc nitrogcn; 4 Ib total nitrogcn application a ycar pcr 1000 sq. ft of turf;
a 10 foot non fcrtilizcr application zonc from any watcr body and scawall and thc
"blackout period"' of J unc- Septcmbcr. A copy of a Fcrtilizcr Ordinancc
proposcd by thc Conservancy was submittcd to thc Council for considcration.
It was notcd thcrc is a bill currcntly bcing proposcd in thc Florida Lcgislature
(Housc 457/Scnate 606) which may rcstrictjurisdictions from adopting morc
stringent standards (cxcepting thosc jurisdictions with a duly adopted ordinancc
prior to July 1.2011).
Mike Barrow, Greenscapes of Southwest Florida notcd thcre is not sufficicnt
scicntific data to provc thc "'Prohibition Application Pcriod" is succcssful in
improving water quality. Hc notcd turf dcnsity and ultimatc filtration will
impactcd by a 10 foot non application of fertilizcrs zonc from a watcr body. A
major contributing factor to dccrcasing watcr quality is dccomposition of organic
matcrial, not fertilization.
It was noted thc studics conductcd in Sarasota County havc indicatcd thc Nitrogen
levels in watcr have dccrcascd sincc the implcmcntation of strictcr standards; and
thc Dcpartment of Transportation study citcd abovc was not applicable to urban
turf conditions.
Matt Taylor, Everglades Golf Course Superintendants Association notcd thc
study for Sarasota Bay was not subjcct to Peer Revicw, Any requircmcnts for an
Ordinancc should bc based on thc bcst availablc scicncc. Many othcr Counties
have vettcd thc issue and adoptcd thc "Model Ordinance." He cxprcsscd concern
on thc Prohibition Application Pcriod as turf roots arc growing during this pcriod
and limiting Nitrogen to thc turf is detrimcntal.
William Davidson, Florida Golf Course Superintendants Association supports
thc Proposed Ordinance and recommcndcd any rcquircmcnts proposed be bascd
on thc bcst available scicncc.
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April 13, 2011
Brad Cornell, Collier Audubon/Audubon of Florida supports an Ordinance
with more stringcnt requircmcnts than thc "Model Ordinance." The Agencics
providing commcnts are morc concerned with turf growth than water quality. Hc
recommcnded considcration be givcn to an alternatc mcans of stabilizing thc
banks oflakcs such as littoral plantings, ctc. This would eliminatc thc usc of turf
grasses (which may requirc fcrti1ization),
Mr. Bishof moved to recommend the Board of County Commissioners not adopt
the "Proposed Ordinance" unless revised to include the following:
1. A prohibition of fertilizer applications within 25 feet of a water body.
2. A prohibition of fertilizer applications with 10 feet of an impervious area
directly connected to a Stormwater drainage system.
3. A prohibition of fertilizer applications June 1 through September 30.
4. Numerical values for fertilizers as previously proposed in the Draft
Ordinance.
5. Any fertilizer containing nitrogen should contain at least 50 percent slow
release nitrogen.
Without a second, the motion was not considered.
Council qucstions arosc on how proposed Housc Bill 457 and Scnatc Bill 606
could affect thc County Ordinancc, if adoptcd.
Steve Williams, Assistant County Attorney notcd thc legislation has not bccn
adoptcd, so it is diflicult to speculatc on thc impact it could have on any
Ordinancc thc County may adopt.
Ms. Downs moved to recommend the Board of County Commissioners adopt the
original Fertilizer Ordinance as reviewed by the Planning Commission with the
incorporation of the Section 15 - Penalties as outlined in the "Proposed
Ordinance." Second by Mr. Dickman. Carried unanimously 5 - O.
See corrected motion below,
Chairman Hushon moved to recommend the Board of County Commissioners
incorporate an exemption for golf courses in any adopted Fertilizer Ordinance.
Second by Mr. Dickman. Motion carried 4 'yes" -1 "no." Mr. Bishofvoted
"no."
Mr. Bishof exprcsscd concern on cxcmpting golf courses as the facilities may be
the sitc of inappropriatc applications of chemicals and/or poor management
practices.
Chairman H ushon moved to recommend the Board of County Commissioners
incorporate an exemption for newly planted turf and/or landscape plants in any
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April 13,2011
adopted Fertilizer Ordinance. Second by Mr. Dickman. Motion carried
unanimously 5 - O.
Discussion occurred noting there could be confilsion on the action as, over time, there
have been different versions o{"the Ordinance circulatedfor review. 7i) ensure clarity, a
new action was taken.
Ms. Downs moved to recommend tile Board of County Commissioners adopt the
"Draft Ordinance" (as proposed to the Agencies for comment by Staff on or
about February 2,2011). Second by Mr. Dickman. Carried unanimously 5 - O.
Cllairman Hushon noted tile Environmental Advisory Council
recommendations for tile exemptions of golf courses, newly planted tutf and/or
landscape plants and the addition of a Penalty Section are still valid.
Break: 12:.fOpm
Reconvened J 2:50pm
Peter deGolian and Moris Cabezas of Atkins completed thc prcsentation ofthc
Slidcshow "Watershed Management Plan April J 3. 20/1."
Thc Council recommcndcd:
. The Consultants review tile parameters for tile "Waterslled
Characteristics Weighting Factor" (including the formula and
consideration of normalizing the data) utilized in developing the
"lnitial Project Ranking."
· Tile final documents be comprised of a 5 - 8 page Executive Summary
on tile Plan for tile general public, a user friendly version of the
Watershed Management Plan for regulators, policy makers, etc. and a
separate package containing tile backup material, detailed reports and
scientific information for any interested parties.
Speaker
Nicole Johnson, Conservancy of Southwest Florida supports thc proposal for
cncouraging Low Impact Dcvelopmcnt, but recommcndcd morc specific dctails
bc developed for prescntation to the Board of County Commissioncrs. Shc will
forward any rclativc data to thc Consultants for considcration.
B. Update Members on Projects - Board Recaps
None
IX. Council Member Comments
Nonc
X. Staff Comments
Nonc
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April 13, 2011
XI. Public Comments
None
There being no further business for the good of the County, the meeting was
adjourned by the order of the Chair at 1 :45 PM.
COLLIER COUNTY ENVIRONMENTAL
ADVISORY COUNCIL
~~f!(. xtfM~
(C irman, Dr. Judith Hushon
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Thcsc Minutes were approvcd by the Board/Chairman on -1 m w.; cYO t (
as prcsentcd /' , or as amcnded _
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