March 26 - City of Melbourne, Florida

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CITY OF MELBOURNE, FLORIDA MINUTES – REGULAR MEETING BEFORE CITY COUNCIL MARCH 26, 2013 also served two terms on the Southwest Florida Water Management District. In that role, he has been involved in water conservation and water quality projects. Attempts have been made to say that the blackout period enacted on the West Coast is responsible for the recovery of sea grass in Tampa Bay, Sarasota Bay, and Charlotte Harbor. Mr. Carraway advised that those recoveries were well underway before ordinances were passed. There were massive changes in behavior, infrastructure, and policy from the West Coast. Education has been key; stormwater projects have remediated historical problems; and there has been a massive redirection of reclaimed water. Continuing, Mr. Carraway said that the issue at this meeting is the controversial blackout and formulation provisions, which are shown to promote the opposite effect. The FDEP model ordinance was painstakingly created with years of effort by a broad stakeholder group. It works and it represents the best kind of policy – driven by peer reviewed science focused on education, training, best practices, and collaboration. By contrast, blackout and formulation styled ordinances reflect the heavy handed regulatory and divisive approach that says it somehow makes sense to starve turf and landscape plants during their growing season and feed them when they are dormant. He closed by encouraging Council to adopt the ordinance as presented. Spence Guerin, 2112 Helen Street, recommended that Council relay on the expertise of people from the Marine Resources Council. Mr. Guerin stated that there has been an absence of dialogue between science and the City Council over this critical issue. David Botto, Marine Resources Council, said that the opposition to a strong ordinance has been refuted by the actual experience of the people on the West Coast. He commented that a strong ordinance is not a silver bullet that will solve all the problems in the lagoon. The model ordinance is not enforceable; it is vague and ambiguous. For example, the ordinance indicates the use of low or no phosphorus fertilizer. No phosphorus is defined as .5% or less; however, there is no upper limit on low phosphorus. He advised that the nitrogen section is even more complicated. Dr. Leesa Souto, Executive Director, Marine Resources Council, said she has a great deal of experience and knowledge on the socio-economics of this issue. With regard to the Vice Mayor’s question about sloped areas, Dr. Souto reported that they did a study at the stormwater management academy for the Florida Department of Transportation. FDOT was interested in that because their roadsides are often sloped and newly constructed. Through a three-year controlled experiment, depending on slope and species, the leachate and runoff contained 35 – 65% nitrate. DOT responded by no longer fertilizing roadsides and retention pond areas. She discussed the characteristics of nitrogen in general and noted that very little goes back to the atmosphere, which is where it came from originally. Council Member Jones and Dr. Souto briefly discussed Dr. Souto’s experience on the West Coast of Florida. Dr. Souto advised that she studied one subdivision in Sarasota. After five years, they found that there was no impact to turf grass quality. A brief discussion followed regarding red tide and whether there is a connection with the use of fertilizer. At the request of Mr. Jones, Dr. Souto provided her education and background. Page 10 of 26
CITY OF MELBOURNE, FLORIDA MINUTES – REGULAR MEETING BEFORE CITY COUNCIL MARCH 26, 2013 Ms. Tasker asked if there is a state statute that reads the same as the model ordinance. Ms. Souto replied that she doesn’t believe so. She added that the cities are being offered an opportunity to adopt a model ordinance, although she doesn’t believe there are any restrictions with cities going beyond the model. Attorney Gougelman advised that once you meet the test of being located in a watershed that is impaired by nutrients as referenced in state law, then the state statutes require you to adopt at a minimum FDEP’s model ordinance. If the City wants to go beyond that, based on statute language, we have to have a comprehensive program in place to address non-point sources of nutrient pollution. The term “comprehensive program” is not defined. The City Engineer is working on a master comprehensive program for the City; however, it’s not in place. Following review, Attorney Gougelman stated that staff reached the conclusion that the program needs to be something adopted by the local government. Ms. Tasker asked if the state has directed adoption of the model plan within any timeframe. The City Attorney replied no, although the statute has been on the books since 2009. Ms. Tasker asked Dr. Souto if adoption of the model ordinance would benefit the lagoon. Ms. Souto replied that, cautiously, she would like to think that it would. She added that many of the items in the model are already being done – typical best management practices. She said that she’s fearful the model ordinance is simply status quo. Council Member Thomas expressed support for pursuing a water improvement committee made up of members from each city along with interested organizations. Regardless of what happens with this ordinance, the best thing we can do is create a public awareness campaign focused on behavior and education to improve the water quality of the lagoon. Council Member Jones said that he was also thinking along those lines. If a working group is created, he recommended that a threshold be established so everyone knows what they are working towards. He commented that he believes it would take an organization to intervene and coordinate that effort. Michael Zeno, 983 Castile Road, Palm Bay, said he works mostly in the City. He stated that he supports the state DEP model ordinance. Mr. Zeno asked if there has been any discussion about exempting professionals who are certified, licensed and registered. Council Member Goode said that is a good question for the Florida Legislature, since it passed these regulations. Michael Alford, 1547 White Cap Way, stated that as a homeowner, he should have the right to do what he feels is best for his yard. Elliott Zace, 2777 Fitzpatrick Avenue, Palm Bay, said that the proposed ordinance demands a 50% slow release fertilizer, which is constantly being released. If we’re trying to stop the release of fertilizer from runoff or leaching, the way to do that is not by using slow release Page 11 of 26
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March 26 - City of Melbourne, Florida

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