March 26 - City of Melbourne, Florida

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CITY OF MELBOURNE, FLORIDA MINUTES – REGULAR MEETING BEFORE CITY COUNCIL MARCH 26, 2013 fertilizer. He asked that Council demand and support more education for homeowners and professionals and encouraged Council to not adopt the ordinance. Thomas Wilson, 2240 Woodwind Trail, said that he is a member of the industry. Research on the cost of what the City of Rockledge implemented reveals that it is going to increase costs, which will be passed on to customers. Consumers will be less able to afford the service because of increased costs and the effect is that jobs will be cut. Treatment of lawns will be put back in the hands of homeowners who don’t have training. Following brief discussion between Mr. Wilson and Council Member Jones, Mr. Wilson advised that slow release fertilizer is made differently, and it is far more expensive than a liquid soluble product. He closed by stating that he is in support of the state model ordinance. From the audience, Todd Josko waived his time and stated that he is in support of the ordinance. Steve Lum, Rockledge, President of Slug-a-Bug in Melbourne, expressed support for the ordinance as drafted. He commented that people in the industry will follow whatever the ordinance requires. It will not change what the homeowner does because of the issue of enforcement. Mr. Lum discussed certification, education, science, and the blackout period. Vice Mayor Tasker asked Mr. Lum if he would be opposed to a 10-foot voluntary fertilizer free zone on each side of streets without stormwater retention that drain to the Indian River Lagoon. Following discussion, Mr. Lum said he doesn’t have a problem with voluntary. Ms. Tasker briefly discussed the fact that low phosphate fertilizer is not currently defined. Linda Janse, 749 Everglade Drive, questioned who funded the study that was done by the University of Florida; discussed pelican droppings at Ballard Park; noted that three “sniffer dogs” have gotten sick, which the veterinarian said might be botulism; and recommended more restrictions. Mary Sphar, 819 Heron Road, Rockledge, referenced the correspondence between her and Dr. Michael Thomas at FDEP. She said that she contacted Dr. Thomas and asked questions about state law because legal questions seem to be causing the Council to hesitate on passing a strong ordinance. Ms. Sphar said that Dr. Thomas indicated that it is up to the local municipality to determine if its comprehensive program meets the criteria for establishing a more stringent ordinance. FDEP does not have the authority to authorize or reject any municipal action. Continuing, she said that based on her contact with FDEP, the City has to decide if its comprehensive program in its present state is sufficiently robust to qualify under the law. Page 12 of 26
CITY OF MELBOURNE, FLORIDA MINUTES – REGULAR MEETING BEFORE CITY COUNCIL MARCH 26, 2013 FDEP also indicated that it has no authority to challenge a local government fertilizer ordinance in a court of law, administrative hearing or other judicial setting. Cameron Donaldson, 2112 Helen Street, stated that the lagoon was super healthy before we had any turf grass in Florida. Turf grass is not part of our indigenous ecosystem and it is not essential for the health of the lagoon. Regarding regulation, she stated that Melbourne should be able to do its own thing. Regarding enforcement, the City has a lot of latitude; education is a great option. Tino Villaverde, 5225 Sorrell Drive, said that the reverse osmosis plant, which for years discharged into Crane Creek, has now moved to Ballard Park. He asked if that has anything to do with pelicans dying. He encouraged Council to pass the ordinance as it is written. From the audience, Mike Garoust, 3171 Tuscawillo Drive (unincorporated Brevard County), waived his time and stated he supports the ordinance. Rodney Smith, 265 S. Robert Way, Satellite Beach, said that he represents Brevard ecotourism interests, which is an expanding industry. Many people depend on a healthy Indian River Lagoon, including fishing guides, boat dealers, hoteliers, tour guides, restaurants, tackle shops, property owners and real estate business. The sea grass in the lagoon has been seriously impacted by overloading of nutrients, primarily nitrogen and phosphorus. If the health of the lagoon continues to degrade, the majority of bottle nosed dolphin and manatees will be gone in less than a generation. Mr. Smith closed by encouraging the City to adopt a strong fertilizer ordinance. Maureen Rupe, 7185 Bright Avenue, Port St. John, President of Partnership for Sustainable Future, a coalition of environmental groups, stated that she fully supports a more restrictive ordinance. She expressed disappointment that Representative Crisafulli would propose legislation restricting local ordinances, and stated that any preemption of local ordinances is wrong. The state has placed industry ahead of protection of our rivers and lagoons. Linda Behret, 5960 Herons Landing Drive, Viera, said that she is speaking on behalf of the Sierra Club. The Sierra Club, at the state and local level, is very concerned about the health of the Indian River Lagoon. It is in crisis, with sea grass continuing to disappear. Across the state, Tampa Bay has more sea grass now than any time since 1950. Tampa Bay is surrounded by some of the strictest fertilizer ordinances in the state. Therefore, Sierra Club is in favor of the strongest ordinance that the City can pass. Ms. Behret requested a rainy season ban on the use of nitrogen; nitrogen used at all other times be at least 50% slow release; no use of phosphorus without a soil test; and no exceptions to a 10-foot fertilizerfree zone between a body of water and landscaping. Education will be the issue, rather than enforcement. People will do the right thing if they know what it is. Ms. Behret closed by distributing educational items that other jurisdictions have developed with regard to this issue. From the audience, Suzanne Graham, 315 Groveland Terrace, Orlando, waived her time and stated that she supports the ordinance. Page 13 of 26
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March 26 - City of Melbourne, Florida

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