Item Q6 �S Q.6
I`�
County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
County �a� Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
June 16, 2021
Agenda Item Number: Q.6
Agenda Item Summary #3374
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Peter Morris (305) 289-2584
1:30 PUBLIC HEARING
AGENDA ITEM WORDING: A Public Hearing to Consider Adoption of an Ordinance
Amending Article 11, Chapter 12, of the Monroe County Code of Ordinances, to Adopt the "Monroe
County Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes" incorporating
regulation of the use or application of fertilizers.
ITEM BACKGROUND: The proposed ordinance amends Article II, Chapter 12, of the Monroe
County Code of Ordinances, by adopting the proposed "Monroe County Ordinance for Florida-
Friendly Fertilizer Use on Urban Landscapes" in order to minimize the adverse environmental and
land use-related effects of the misuse and overuse of fertilizer on landscapes within the
unincorporated areas of the Florida Keys.
This ordinance will establish minimum standards for Monroe County to (1)regulate the proper
application of fertilizer; Q require proper training of commercial and institutional fertilizer
applicators; (33) establish training and certification requirements; (44)establish a prohibited
application period; and k5j specify allowable fertilizer application rates/methods, fertilizer-free
zones, low maintenance zones, and exemptions.
The benefits to the community include the reduction in costs of fertilizer if overuse is curtailed, the
potential cost savings (in taxpayer money) by reducing the need for expensive, large-scale mitigation
of impaired water bodies, and the improved water quality of near-shore water bodies that would
allow for safer and more enjoyable recreational, commercial, and tourism-related opportunities.
PREVIOUS RELEVANT BOCC ACTION:
5/19/21 —BOCC approved advertisement of a 6/16/21 public hearing to consider adoption of the
proposed ordinance.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
Packet Pg. 2416
Q.6
DOCUMENTATION:
Fertilizer Ordinance - Final
Copy of Ad Published 5.29 and Proof of Advertising Request
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract: N/A
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: N/A
Additional Details: N/A
N/A
REVIEWED BY:
Bob Shillinger Completed 06/08/2021 8:41 AM
Peter Morris Completed 06/08/2021 8:43 AM
Purchasing Completed 06/08/2021 8:44 AM
Budget and Finance Completed 06/08/2021 2:25 PM
Maria Slavik Completed 06/08/2021 2:32 PM
Liz Yongue Completed 06/08/2021 3:11 PM
Board of County Commissioners Pending 06/16/2021 9:00 AM
Packet Pg. 2417
Q.6.a
2 �
4t /a
5
0
6 W
7 ORDINANCE NO. -2021
8
9 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY =
10 COMMISSIONERS AMENDING CHAPTER 12 ("ENVIRONMENT AND NATURAL
11 RESOURCE PROTECTION") OF THE MONROE COUNTY CODE OF
12 ORDINANCES BY AMENDING ARTICLE H. ("RESERVED") TO ADOPT AND
13 INCORPORATE REGULATION OF THE "USE OR APPLICATION OF
14 FERTILIZERS", RELATING TO FLORIDA FRIENDLY FERTILIZER USE OR
15 APPLICATION WITHIN UNINCORPORATED MONROE COUNTY; PROVIDING
16 FOR DEFINITIONS, USE, TIMING OF FERTILIZER USE, CONTENT-BASED
17 FERTILIZER APPLICATION REQUIREMENTS; PROVIDING FOR
18 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS
19 INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE
20 CODE OF ORDINANCES; PROVIDING FOR TRANSMITTAL TO THE
21 SECRETARY OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.
22
23 WHEREAS, the Board of County Commissioners (`Board" or `BOCC") is the legislative body of
c
24 Monroe County, Florida; and
25
26 WHEREAS, Monroe County has been designated an Area of Critical State Concern ("ACSC") pursuant 0
27 to Florida Statute Section 380.0552;' and
28 0
29 WHEREAS, the waters surrounding the Florida Keys of Monroe County, Florida, are situated within the
30 boundaries of the Florida Keys National Marine Sanctuary and have, since July 26, 2001, been designated a
31 federal No Discharge Zone ("NDZ")by the United States Environmental Protection Agency pursuant to Title 40, s
32 Chapter I, Subchapter D,Part 140, Section 140.4(b)(1)(11), as may be amended from time to time; and 2
33 0
34 WHEREAS, Monroe County Ordinance No. 14-2010, at Section 12-141 thereof, codified at Section 12 CL
-
35 141 of Chapter 12 of the Monroe County Code of Ordinances (entitled "Environmental and Natural Resource <
36 Protection"), defines "County waters" as "[A]ny Monroe County waters, whether contained within boundaries ru
37 naturally artificially, or diffused,including,but not limited to the Gulf,bays, canals, estuaries, and wetlands"; and
38
39 WHEREAS, County waters include those waters which are part of the State as being specified within
40 Monroe County pursuant to Section 7.44, Florida Statutes, and Article II, Section 1, Constitution of the State of
41 Florida (Rev. 1968), waters out to three marine leagues, or waters in the immediate vicinity of county reefs'; see
42 also Section 7.44, Florida Statutes ("So much of the State of Florida as is situated south of the County of Collier
43 and west or south of the County of Miami-Dade, constitutes the County of Monroe."); and
44
45 WHEREAS, Section 403.9337(2), Florida Statutes, enacted pursuant to Chapter 2009-199, Laws of _
46 Florida,; provides that "[e]ach county and municipal government located within the watershed of a water body or
Also known as the"Florida Keys Area Protection Act."Fla. Stat. § 380.0552(l).
2 Enacted pursuant to Chapter 2009-199,Laws of Florida. rt
3 Approved by the Governor of Florida on June 181h,2009,and legally effective as of July Pt,2009.
1of12
Packet Pg. 2418
Q.6.a
47 water segment that is listed as impaired by nutrients pursuant to s. 403.067, shall, at a minimum, adopt the
48 Department's Model Ordinance for Florida-Friendly use on Urban Landscapes"; and
49
50 WHEREAS, Section 403.9337(2)(a)-(b), Florida Statutes,provides that"A local government may adopt .20
51 additional or more stringent standards than the model ordinance if the following criteria are met: The local
52 government has demonstrated, as part of a comprehensive program to address nonpoint sources of nutrient 0
53 pollution which is science-based, and economically and technically feasible, that additional or more stringent W
54 standards than the model ordinance are necessary in order to adequately address urban fertilizer contributions to
55 nonpoint source nutrient loading to a water body. The local government documents that it has considered all
56 relevant scientific information, including input from the department, the institute, the Department of Agriculture
57 and Consumer Services, and the University of Florida Institute of Food and Agricultural Sciences,if provided, on W
58 the need for additional or more stringent provisions to address fertilizer use as a contributor to water quality
59 degradation. All documentation must become part of the public record before adoption of the additional or more
60 stringent criteria"; and
61
62 WHEREAS, the quality of fresh and salt water bodies, wetlands, mangroves, seagrass(es), and other :2
63 natural, native features of Monroe County, is critical to the environmental, economic, and recreational prosperity c
64 of Monroe County, and to the health, safety, and welfare of the residents of and visitors to Monroe County; and
65
66 WHEREAS, fertilizer contains nutrients like nitrogen and phosphorus, which are components of
67 landscape fertilizers, and are known to be captured in runoff that is deposited in Monroe County nearshore waters
68 and waterways; and
69
70 WHEREAS, the amount of fertilizer used or applied to a given landscape and the method of use or
71 application have potential for creating adverse nutrient pollution; and
72
73 WHEREAS, Monroe County's natural and artificial stormwater and drainage conveyances regulate the
0.
74 flow of stormwater to prevent or mitigate flooding; and 0
75 eC
76 WHEREAS, surface water runoff and base flow runoff flows from residential, commercial, and industrial
77 developments, and other lands of Monroe County, enter(s) into natural and artificial stormwater and drainage
78 conveyances and natural water bodies in Monroe County; and
79 =
80 WHEREAS, leaching and runoff of nutrients from improper or excessive fertilizer use or application 2
81 contributes to nitrogen and phosphorus loading in Monroe County's stormwater and drainage conveyances and
82 natural water bodies; and CL
83
84 WHEREAS, the detrimental effects of nutrient-laden runoff are magnified in a coastal or island
85 community such as Monroe County, due to the proximity of stormwater and drainage conveyances to nearshore
86 waters; and
87
88 WHEREAS, the Board finds and recognizes that excessive and improper use or application of fertilizers C
89 can contribute to water quality issues and can lead to water quality degradation; and
90
91 WHEREAS, Monroe County has demonstrated, as part of a comprehensive program to address nonpoint
92 sources of nutrient pollution, that this ordinance is appropriate to address adverse fertilizer contributions to
93 nonpoint source nutrient loading to local water bodies; and U_
94
95 WHEREAS, in the process of adoption of this ordinance, the Monroe County Board of County
96 Commissioners has considered all relevant scientific information,including but not limited to:
97
2of12
Packet Pg. 2419
Q.6.a
98 • February ITh, 2021 Regular BOCC Meeting: "Discussion and direction on whether the County
99 should adopt an ordinance regulating the use of fertilizers within the County"'
100
101 o Presentation by Kelly Cox, Esq., of Miami Waterkeeper, a not-for-profit business .20
102 organization;
103 0
104 Public comment by Emma Haydocy, on behalf of Florida Bay Forever Save Our y
105 Waters, Inc., a Florida not-for-profit corporation, in her capacity as a Director of
106 Florida Bay Forever Save Our Waters, Inc.; N
107
108 Public comment by Dorothy "Dottie" Moses, on behalf of the Island of Key Largo °'
109 Federation of Homeowner Associations, Inc., a Florida not-for-profit corporation;
110
III WHEREAS, the regulation of nutrients,including both phosphorus and nitrogen contained in fertilizer,is
112 an important step in maintaining and improving water and habitat quality in Monroe County; and
113
114 WHEREAS, the Monroe County Board of County Commissioners finds that this Ordinance is necessary c
115 to advance the County's valid public and environmental health, safety, and welfare police power interests;
116
117 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
118 MONROE COUNTY,FLORIDA:
119
120 SECTION 1. - Recitals and Leeislative Intent. The foregoing recitals and statements of legislative
121 intent are true and correct and are hereby incorporated as if fully stated herein.
122 0
123 SECTION 2. - Title. This Ordinance shall be titled the "Monroe County Ordinance for Florida-Friendly
124 Fertilizer Use on Urban Landscapes."
125 0
126 SECTION 3. - Creation. That Chapter 12 of the Monroe County Code of Ordinances, entitled <C
127 `Environment and Natural Resources Protection," is hereby amended to create Article II., entitled "Use or
128 Application of Fertilizers,"as follows:
129
130 ARTICLE II.-USE OR APPLICATION OF FERTILIZERS =
131 2
132 Section 12-25. Jurisdiction; Administration. This Article shall exclusively apply in unincorporated
133 Monroe County, Florida, only, and does not apply within the territorial jurisdiction of any municipality within the c'
134 county.
135
136 Section 12-26. Purpose and Intent. This Article regulates the proper use of fertilizers by any applicator ii
137 and requires proper training of commercial and institutional fertilizer applicators and landscape maintenance
138 companies by establishing a restricted season for fertilizer application, fertilizer-free zones, low maintenance
139 zones, exemptions, training, and certification requirements. The Article requires the use of best management
140 practices which provide specific management guidelines to minimize negative secondary and cumulative
141 environmental effects associated with the misuse of fertilizers and improper landscape maintenance practices.
142 These secondary and cumulative effects have been observed in and on Monroe County's natural and artificial N
143 stormwater and drainage conveyances, lakes, canals, estuaries, interior freshwater wetlands, and Monroe County
144 writ large. Collectively, these water bodies are an asset critical to the environmental, recreational, cultural and U_
145 economic well-being of residents of and visitors to Monroe County and the health of the public. Regulation of
146 nutrients, including both phosphorus and nitrogen contained in fertilizer, shall help improve and maintain water
147 and habitat quality throughout Monroe County.
a Agenda item N.10 at the Board's February 171h,2021,regular meeting.
3of12
Packet Pg. 2420
Q.6.a
148 Section 12-27. Construction and Interpretation. This Article is necessary for the health, safety, and
149 welfare of the residents of and visitors to the county. This Article shall be liberally construed to effect the public
150 purpose(s) hereof. Interpretation of this Article shall be construed in favor of Monroe County, and such
151 construction and interpretation shall be entitled to great weight in adversarial administrative proceedings, at trial, .20
152 in bankruptcy, and on appeal. To the extent of any conflict between this Article and other Monroe County
153 ordinances or regulations, and to the extent of any conflict within sections within this Article, the more restrictive 0
154 is deemed to be controlling.
155
156 Section 12-28. Definitions. The phrases, terms, and words used in this Article shall be, except as
157 specifically defined otherwise herein, the same as they have been defined in the Monroe County Code of
158 Ordinances and in the Monroe County Land Development Code. The following terms shall have the following
159 specific definitions as used herein,unless the context clearly indicates otherwise:
160
161 Application or Apply, or variants thereof. Shall mean the actual physical deposit of fertilizer to turf, '
specialized turf, or landscape plants.
�''
162 s
p p p �
163
164 Applicator. Shall mean any natural or legal person who applies fertilizer on turf, specialized turf, or c
165 landscape plants in Monroe County. The term includes but is not limited to persons, commercial fertilizer
166 applicators and institutional applicators.
167
168 Best management practices or BMP. Shall mean turf and landscape practices, or a combination of
169 practices,based upon peer-reviewed research, field-testing, and expert review, determined to be the most effective
170 and practicable on-location means, including economic and technological considerations, for improving water
171 quality, conserving water supplies, and protecting natural resources, and which minimize the negative
172 environmental impacts of installation and maintenance of landscapes.
173
174 Best Management Practices Training Program. Shall mean a training program approved pursuant to
0.
175 Florida Statute Section 403.9338, or any more stringent requirements set forth in this Article, that includes the 0
176 most current version of the Florida Department of Environmental Protection's "Florida-Friendly Best <
177 Management Practices for Protection of Water Resources by the Green Industries, 2008".
178
179 Commercial fertilizer applicator. Shall mean any natural or legal person who applies fertilizer in Monroe
180 County, on property not owned by the person applying the fertilizer, or by the employer of the applicator, in s
181 exchange for money, goods, services, or other valuable consideration. 2
182
183 Fertilizer. Shall mean any substance or mixture of substances that contains one or more recognized plant c-
184 nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or
185 provides other corrective measures to the soil. The term includes granular, liquid, rapid-release and slow or
186 controlled release fertilizer.
187
188 Fertilize,fertilizing, or fertilization. Shall mean the act of applying fertilizer to turf, specialized turf, trees,
189 or landscape plants.
190
191 Fertilizer-Free Zone. Shall mean within twenty (20) feet from the seawall, riprap or bank or shoreline of
192 any surface water of Monroe County and any storm drain,pond, stream,waterway, lake, canal, or wetland. N
193
194 Florida-Friendly Landscaping. Shall mean quality, low-maintenance landscapes that conserve water,
195 protect the environment, are adaptable to local conditions, and are drought tolerant. The principles of such
196 landscaping include planting the right plant in the right place, efficient watering, responsible and appropriate W
197 fertilization, responsible and appropriate mulching, responsible and appropriate attraction of wildlife, responsible
198 and appropriate management of yard pests, recycling yard waste, reduction of stormwater runoff, and waterfront
4of12
Packet Pg. 2421
Q.6.a
199 protection. Additional components include practices such as landscape planning and design, soil analysis, the
200 appropriate use of solid waste compost and minimizing the use of irrigation,pesticides, and fertilizers.
201 C
202 Granular. Shall mean composed of small grains or particles.
203
204 Green infrastructure. Shall mean a management approach engineered-as-natural ecosystems such as
205 green roofs, porous pavement, swales and rain gardens that largely rely on using soil and vegetation to infiltrate, W
206 evapotranspirate, or responsibly and appropriately utilize stormwater runoff and reduce flows to drainage
207 collection systems. This practice aims to preserve, restore, and create green space using soils, vegetation, and
208 rainwater harvest techniques.
209
210 Guaranteed analysis. Shall mean the percentage of plant nutrients or measures of neutralizing capability
211 claimed to be present in a fertilizer.
212 '
213 High-impact areas in parks. Shall mean turf grass areas that are heavily utilized by pedestrian traffic
214 year-round.
215 c
216 Institutional applicator. Shall mean any natural or legal person, other than a non-commercial or
217 commercial applicator, that applies fertilizer for the purpose of maintaining turf or landscape plants. Institutional '
218 applicators shall include, but shall not be limited to, owners, managers, employees, or agents of residential
219 properties maintained in community associations such as a condominium association, a homeowners' association,
220 or a property owners' association, residential properties maintained in common ownership, industrial,
221 commercial,or business sites, educational,religious institutions, and the like.
222
223 Landscape plant. Shall mean any native or exotic tree, shrub, or groundcover(excluding turf).
224
225 Landscape maintenance. Shall mean activities carried out to manage and maintain landscape plants
0.
226 including but not limited to mowing, edging, and trimming. 0
227 eC
228 Low impact development (LID). Shall refer to systems and practices that use or mimic natural processes
229 that result in the infiltration, evapotranspiration, or use of stormwater in order to protect water quality and
230 associated aquatic habitat. LID is an approach to land development or redevelopment that works with nature to
231 manage stormwater as close to its source as possible. s
232 2
233 Low maintenance buffer or Low maintenance zone. Shall mean an area a minimum of ten (10) feet wide
234 adjacent to water courses which is planted to capture and treat stormwater and is designed to capture and treat c-
235 stormwater and is designed to not require fertilization,watering, mowing, etc.
236
237 Organic fertilizers. Shall mean fertilizers that are derived from living materials, excluding biosolids.
238 Examples of organic fertilizers include but are not limited to animal manures, composted materials, and plant
239 residues. Organic fertilizers are usually considered to be "slow release" fertilizers because many of the nutrients
240 must be broken down by soil microbes before they become available for plant uptake.
241
242 Person. Shall mean any natural or legal person, including but not limited to any human being, business,
243 corporation, limited liability company, partnership, sole proprietorship, association, club, organization, or any N
244 group of people acting as an organized entity.
245 U_
246 Rapid (quick) release or water-soluble nitrogen. Shall mean any product containing, including but not
247 limited to:
248
249 (1) Ammonium nitrate;
250 (2) Ammonium sulfate; C
5of12
Packet Pg. 2422
Q.6.a
251 (3) Calcium nitrate;
252 (4) Diammonium phosphate;
253 (5) Monoammonium phosphate;
254 (6) Potassium nitrate;
255 (7) Sodium nitrate;
256 (8) Urea(not in the form of slow release nitrogen); or 0
257 (9) Others as may be designated by the Association of American Plant Food Control Officials.
258
259 Restricted Season. Shall mean May 15 through October 31, as well as during the time period during
260 which a flood watch or flood warning, or a tropical storm watch or tropical storm warning, or a hurricane watch
261 or hurricane warning, regardless of the time of year,is in effect for any portion of unincorporated Monroe County,
262 or in any area of unincorporated Monroe County if heavy rain is likely or ongoing. a,
263
264 Saturated soil. Shall mean a soil in which the voids are filled with water. Saturation does not require flow. '
265 For the purposes of this Article, soils shall be considered saturated if standing water is present or if the pressure of
266 a person standing on or an object lying on the soil causes the release of free water.
267 c
268 Site supervisor. Shall mean the direct supervisor of landscape maintenance personnel.
269
270 Slow release, controlled release, timed release, or water insoluble nitrogen. Shall mean nitrogen in a
271 form which delays its availability for plant uptake and use after application, or which extends its availability to the
272 plant longer than a reference rapid or quick release product. Forms of slow release, controlled release, slowly
273 available, or water insoluble nitrogen include but are not limited to:
274
275 (1) Isobutylidene diurea("IBDU");
276 (2) Resin,polymer, or sulphur coated urea;
277 (3) Biosolids or residuals from domestic wastewater treatment;
278 (4) Ureaformaldehyde; 0
279 (5) Composted animal manure; e(
280 (6) Others as may be designated by the Association of American Plant Food Control Officials.
281
282 Slow or controlled release fertilizer. Shall mean a fertilizer containing a plant nutrient in a form which
283 delays its availability for plant uptake and use after application, or which extends its availability to the plant s
284 significantly longer than a referenced "rapidly available nutrient fertilizer". 2
285
286 Specialized turf. Shall mean areas of grass used for athletic fields, golf course practice, recreational or CL
287 play areas, athletic fields, and other similar activities.
288
289 Specialized turf manager. Shall mean a person responsible for fertilizing or directing the fertilization of
290 specialized turf.
291
292 Surface water. Shall mean fresh,brackish, saline, or tidal waters, contained in bounds created naturally or C
293 artificially, including but not limited to bays, creeks, ditches, estuaries, impoundments, lagoons, lakes, ponds, -a
o
294 rivers, springs, streams, wetlands, water bodies, and including but not limited to canals, whether located in or on
295 the Atlantic Ocean side of Monroe County or in or on the Florida Bay or Gulf of Mexico side of Monroe County. N
296
297 Turf, sod, or lawn. Shall mean a piece of grass-covered soil held together by the roots of the grass.
298
299 Urban landscape. Shall mean pervious areas on residential, commercial, industrial, institutional, rights-
300 of-way, or on other lands that are planted with turf or horticultural plants.
301
302 eC
6of12
Packet Pg. 2423
Q.6.a
303 Section 12-29. Timing of Fertilizer Use.
304
305 (a) No applicator shall apply fertilizers containing nitrogen or phosphorus, or both, to turf or landscape plants
306 during a restricted season.
307
308 (b) Fertilizer shall only be applied to actively growing turf and plants and not to saturated soil. 0
309 y
310 (c) Fertilizer containing nitrogen or phosphorus, or both, shall not be applied before seeding or sodding a site
311 and shall not be applied for the first 30 days after seeding or sodding except when hydroseeding for
312 temporary or permanent erosion control in an appropriate emergency situation (e.g., wildfire, etc.) or in
313 accordance with the stormwater pollution plan for that site.
314
315 Section 12-30.Fertilizer-Free Zones.
316 '
317 (a) Except as provided in subsection (b)immediately below, fertilizer shall not be applied within twenty (20)
318 feet of any breakwater, bulkhead, bulwark, canal, dock, pier, revetment, rip-rap, wharf, or within twenty :2
319 (20) feet of any seawall, or within twenty (20) feet of any altered or unaltered shoreline, or within twenty c
320 (20) feet of any surface water. In the event of a conflict, the greater extent of distance shall control. By
321 way of example, therefore,if an area is not within twenty (20) feet of a surface water,but is within twenty
322 (20) feet of a breakwater, bulkhead, bulwark, canal, dock, pier, revetment, rip-rap, wharf, seawall, etc.,
323 the fact of such area's falling within twenty (20) feet of such breakwater,bulkhead, bulwark, canal, dock,
324 pier,revetment,rip-rap,wharf, seawall, etc., shall prohibit fertilizer from being applied in such area.
325
326 (b) Spreader deflector shields are required when fertilizing adjacent to all impervious surfaces, any fertilizer-
327 free zones, low maintenance buffer or low maintenance zones, surface waters, and water-bodies,
328 including but not limited to wetlands.
329
330 (c) Newly planted turf and landscape plants may be fertilized within a fertilizer-free zone only for a sixty 0
331 (60) day period beginning thirty (30) days after planting, if needed, to allow the plants to become well et
332 established and caution is used to prevent direct deposition of nutrients into the water.
333 C
334 Section 12-31.Fertilizer Content and Use Rates.
335 =
336 (a) Fertilizers applied to turf or landscape plants within the unincorporated county shall be applied to such 2
337 turf or landscape plants at the lowest recommended rate according to the "Florida Green Industries Best
338 Management Practices for Protection of Water Resources in Florida, December 2008", with no more than CL
339 two (2)pounds of nitrogen per one-thousand(1,000) square feet applied in any calendar year.
340
341 (b) Liquid fertilizers containing nitrogen shall not be applied to turf or landscape plants within the
342 unincorporated county.
343
344 (c) Granular fertilizers containing nitrogen applied to turf or landscape plants within the unincorporated C
345 county shall contain at least 50% slow release, controlled release, timed release, slowly available, or -a
346 water insoluble nitrogen per guaranteed analysis label. Caution should be used to prevent direct
347 deposition of nutrients in the water. N
348 E1
349 (d) Fertilizers containing nitrogen or phosphorus, or both, applied to turf or landscape plants within the W
350 unincorporated county, shall contain not less than sixty-five percent (65%) slow release, controlled
351 release, timed release, slowly available, or water insoluble nitrogen per guaranteed analysis label. Caution W
352 should be used to prevent direct deposition of nutrients in the water.
353
7of12
Packet Pg. 2424
Q.6.a
354 (e) Except as provided in paragraphs (a)-(d) of this section, fertilizers applied to turf and landscape plants
355 within the county shall be formulated and applied in accordance with requirements and directions
356 provided by Florida Administrative Code Rule 5E-1.003(4) ("Labeling Requirements for Urban Turf
357 Fertilizers"). Stated otherwise, Applicators shall not apply fertilizer in violation of said fertilizer label .20
358 directions.
359
360 (f) Fertilizer containing nitrogen or phosphorus, or both, shall not be applied before seeding or sodding a site
361 and shall not be applied for the first thirty (30) days after seeding or sodding, except when hydroseeding
362 for temporary or permanent erosion control in an emergency situation (e.g., saltwater floods, etc.), or in
363 accordance with the Stormwater Pollution Plan for that site.
364
365 (g) No more than 0.50 lb. of readily available nitrogen per 1,000 square feet shall be applied to any turf or
366 landscape area in one application or use. This includes no more than one (1) pound total nitrogen per one
367 thousand (1,000) square feet applied at any one time of granular fertilizer and no more than one half '
368 pound of nitrogen per 1 000 square foot area per application of liquid fertilizer. �''
p g p q p pp q �
369
370 (h) Phosphorus fertilizer shall not be applied to turf or landscape plants unless a soil deficiency has been c
371 verified by an approved test. Where a deficiency has been professionally verified by an approved test,
372 phosphorus fertilizer shall not be applied at application rates that exceed 0.25 lbs. of phosphorus per '*-
373 1,000 square feet per application and not to exceed 0.50 lbs. of phosphorus per 1,000 square feet per year.
374
375 (1) Where fertilizer application or use is not described in this Article, fertilizer shall be applied in accordance
376 with the requirements and directions provided by Florida Administrative Code Rule 5E-1.003 for turf and
377 as found in OF/IFAS recommendations for landscape plants,vegetable gardens, fruit trees, and shrubs.
378
379 Section 12-32.Fertilizer Use Practices.
380
381 (a) No person shall apply fertilizers containing nitrogen or phosphorus, or both, to turf or landscape plants 0
382 during the restricted season. et
383
CD
384 (b) Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders. Deflectors must
385 be positioned such that fertilizer granules are deflected away from all impervious surfaces, any fertilizer-
386 free zones, low maintenance buffer or low maintenance zones, surface waters, and water-bodies, s
387 including but not limited to wetlands. 2
388
389 (c) Fertilizer shall not be applied, spilled,or otherwise deposited on any impervious surfaces. CL
390
391 (d) Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any impervious surface
392 shall be immediately and completely removed to the greatest extent practicable.
393
394 (e) Fertilizer released on an impervious surface must be immediately contained and either lawfully applied to
395 turf or any other site or returned to the original or other appropriate container.
396
397 (f) In no case shall fertilizer be washed, swept, or blown off impervious surfaces into any surface water or
398 into any low maintenance or fertilizer-free zone or into any water-bodies or stormwater or drainage drain N
399 or drainage conveyance.
400
401 (g) In no case shall fertilizer be washed, swept, or blown off or around trunks of palms or tree wells or in tree
402 pits.
403
404
405
8of12
Packet Pg. 2425
Q.6.a
406 Section 12-33.Exceptions.
407
408 (a) Sections 12-29, 12-30, 12-31, and 12-32 shall not be applicable to:
409
410 1. Golf courses. For all existing public and private golf courses, the provisions of the Florida
411 Department of Environmental Protection document, titled `BMPs for the Enhancement of 0
412 Environmental Quality on Florida Golf Courses, January 2012", and provisions set forth in y
413 Section 12-34 are required, and shall be followed when applying fertilizer to golf courses.
414
415 2. High impact areas in existing public parks and public athletic fields. Specialized turf managers
416 are required to follow the provisions of the "Florida Green Industries Best Management Practices
417 for Protection of Water Resources in Florida, December 2008", for Turf and Landscape Plants,
418 and provisions set forth in Section 12-34.
419 '
fruit provided that fertilizer application rates do not exceed U "'
420 3. Fruit trees and fit shrubs
p pp University of �
421 Florida(UF)/Institute of Food and Agricultural Sciences (IFAS) maximum recommendations.
422 c
423 4. Yard waste compost, mulches, or other similar materials that are primarily organic in nature and
424 are applied to improve the physical condition of the soil.
425
426 5. Tree trunk injection fertilization treatments that are performed by a certified arborist.
427
428 (b) Sections 12-29, 12-30, 12-31, and 12-32, shall not be applicable to the extent expressly preempted by
429 general law.
430
431 Section 12-34. Golf Courses,Athletic Fields, Specialized Turf, and Greenspace Requirements.
432
433 (a) All new public and private golf course greens and all renovated golf course greens, provided their 0
434 renovation exceeds 50% of its total area, shall meet all of the following requirements: <
435
436 1. Incorporate Best Management Practices as defined in the "Best Management Practices for the
437 Enhancement of Environmental Quality on Florida Golf Courses", published by the Florida
438 Department of Environmental Protection.
439 2
440 2. Provide the use of native or Florida-friendly trees, shrubs, and ground cover landscaping in more
441 than 80% of the total areas designated for non-play. CL
442
443 3. Specify a certified turfgrass groundcover species for all play areas that require(s) the least amount
444 of fertilizer and water consumption.
445
446 4. Incorporate the use of green infrastructure elements and/or low impact development(LID) design
447 in the design of the golf course's drainage system and in allowing ample, uncompacted areas for C
448 tree root growth.
449
450 5. Provide a minimum (10) foot low-maintenance buffer adjacent to surface water(s),breakwater(s),
451 bulkhead(s), bulwark, canal, dock, pier, revetment, rip-rap, wharf, seawall, and stormwater or
452 drainage drain or drainage conveyance, including but not limited to stormwater or drainage inlets.
453
454 (b) All new athletic fields and all renovated athletic fields,provided their renovation exceeds 50% of its total
455 area, shall meet all of the following requirements:
456
9of12
Packet Pg. 2426
Q.6.a
457 1. Incorporate Best Management Practices for landscaping by including the use of native and
458 Florida-friendly trees, shrubs, and ground cover landscaping.
459
460 2. Incorporate the use of green infrastructure elements and/or low impact development(LID) design .20
461 in the design of the field's drainage system and in allowing ample, uncompacted areas for tree
462 root growth.
463 y
464 3. Include at minimum a ten (10) foot low-maintenance buffer adjacent to surface water(s),
465 breakwater(s), bulkhead(s), bulwark, canal, dock, pier, revetment, rip-rap, wharf, seawall, and
466 stormwater or drainage drain or drainage conveyance, including but not limited to stormwater or
467 drainage inlets.
468
469 (c) Requests for exceptions to from the requirements set forth in Sections 12-34(a) or (b) shall be submitted
470 in writing, on a form prescribed and approved by the County Administrator, or his or her designee, '
471 detailing the pro*ect's design and details, demonstrating that good faith effort has been made to achieve
472 substantial compliance with all applicable requirements, and explaining what non-self-created-hardship :2
473 would be incurred if a proposed exception is not granted. The County Administrator or his or her designee c
474 shall have discretion to administratively approve or reject exception requests on a case-by-case basis.
475
476 (d) Fertilizers applied to private parks, specialized turf, including athletic fields and high impact or high
477 intensity areas within the unincorporated county shall be formulated and applied in accordance with
478 requirements and directions provided by Florida Administrative Code Rule 5E-1.003(b)(b).
479
480 (e) Fertilizers applied to turf and landscape plants within the unincorporated county shall be formulated and
481 applied in accordance with requirements and directions provided by Florida Administrative Code Rule
482 5E-1.003(4) (Labeling for Urban Turf Fertilizers). Stated otherwise, Applicators shall not apply fertilizer
483 in violation of said fertilizer label directions.
484
485 Section 12-35. Certification and Best Management Practices Training Programs.
486 0
487 (a) All commercial and institutional applicators within or doing work in the unincorporated county shall
488 obtain the limited certification for urban landscape fertilizer application provided for under Florida
489 Statute Section 482.1562, within 365 days of adoption of this Article, or within 90 days of initial s
490 employment, whichever occurs later. Such applicators are required to keep a copy of such certificate with 2
491 them during application activities and shall present the certificate to Monroe County,upon request.
492 c-
493 (b) All commercial and institutional applicators of fertilizer within the unincorporated county shall abide by
494 and successfully complete the six-hour training program in the "Florida-Friendly Best Management
495 Practices for Protection of Water Resources by the Green Industries" offered by the Florida Department
496 of Environmental Protection through the OF/IFAS program. Completion of this training program shall be
497 repeated a minimum of once every five years.
498
499 (c) Persons are encouraged to follow the recommendations of the OF/IFAS Florida Yards and -a
500 Neighborhoods program when applying fertilizers.
501 N
502 (d) All Applicators or Specialized turf managers of fertilizer shall abide by and successfully complete the
503 "Florida Golf Course Best Management Practices Certification Training" offered by the University of
504 Florida. Completion of this training program shall be repeated a minimum of once every five years.
505
506 (e) Monroe County strongly recommends the establishment of training programs using both English-
507 speaking and Spanish-speaking certified Best Management Practice (BMP)trainers.
508 eC
10 of 12
Packet Pg. 2427
Q.6.a
509 Section 12-36. Training of Commercial Applicators.
510
511 (a) All commercial applicators of fertilizers within the unincorporated county should abide by and
512 successfully complete training and continuing education requirements in the "Florida-Friendly Best .20
513 Management Practices for Protection of Water Resources by the Green Industries" offered by the Florida
514 Department of Environmental Protection through the OF/IFAS "Florida-Friendly Landscapes" program
515 prior to obtaining a local tax receipt for any category of occupation which may apply any fertilizer to turf W
516 or landscape plants.
517
518 (b) All businesses applying fertilizer to turf or landscape plants (including but not limited to residential
519 lawns, golf courses, commercial properties, and multi-family and properties maintained in one or more
520 community association(s), must ensure that at least one employee has an appropriate "Florida-Friendly a,
521 Best Management Practices for Protection of Water Resources by the Green Industries" training
522 certification prior to the business owner obtaining a business tax receipt.
523
524 Section 12-37.Enforcement and Penalties.
525 c
526 (a) Violations. Violations of this Article may be prosecuted by original county or circuit court action, or
527 under Chapter 162, Florida Statutes, administratively, at law, and in equity, as may be necessary to
528 enforce compliance with this Article, and to collect damages in the form of costs and/or fines authorized
529 by law.
530
531 (b) Injunctive Relief. The County Attorney is authorized to prosecute violations of this Article by civil action
532 including but not limited to injunctive relief.
533
534 (c) Units of Prosecution. Each incidence of a violation under this Article constitutes a separate violation and
535 offense, and a separate violation and offense will be deemed committed each day during or on which a
536 violation occurs or continues. c
537
538 (d) doint-and-Several Liability. All owners, part owners, joint owners, tenants-in-common, tenants in
539 partnership, joint tenants, tenants by the entirety, lessees, sub-lessees, assignees, sub-assignees, and
540 holder(s) of legal or beneficial title to or interest in a business organization and/or property and/or violator
541 held in violation of this Article, shall be jointly-and-severally liable with respect to any legal or equitable s
542 judgment or relief obtained against it to enforce this Article. 2
543
544 (e) Costs. Any court of competent jurisdiction, administrative hearing officer, the Monroe County Code CL
545 Compliance Special Magistrate, are authorized to impose against violator(s) of this Article any costs
546 associated with cessation and/or remediation of a violation(s) of this Article.
547
548 (f) No Waiver or Estoppel. It being that Monroe County possesses discretion to enforce this Article,its delay
549 or failure to enforce any provision contained in this Article, however long continued, shall not be deemed
550 a waiver or estoppel of the right for it to enforce this Article at any time thereafter.
551
552 (g) Attorneys'Fees and Costs. If the County prevails in an enforcement action against a person found to be in
553 violation of this article, the County shall be entitled to recover its costs of investigation, attorneys' fees N
554 and other costs to the extent permitted by law.
555 U_
556 Section 12-38. Provisions to Be Cumulative. This Article is cumulative to any other substantive laws,
557 ordinances, regulations, and rules, and is cumulative to any enforcement procedure that those laws,
558 ordinances, regulations, and rules may provide. This Article does not supersede or repeal or otherwise
559 modify those laws, ordinances, regulations, rules, or enforcement procedures thereunder in any way.
11 of 12
Packet Pg. 2428
Q.6.a
560 Monroe County may elect to take any or all remedies concurrently, and the pursuit of one does not
561 preclude the pursuit of another.
562
563 SECTION 4. - Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. This Article shall .0
564 be applied within the unincorporated limits of the county to the extent not subject to preemption to the State of
565 Florida. If any provision of this ordinance Article, or any portion thereof, is held to be invalid or unenforceable in 0
566 or by any administrative hearing officer or court of competent jurisdiction the invalidity or unenforce ability of
567 such provision, or any portion thereof, shall neither limit nor impair the operation, enforceability, or validity of
568 any other provision of this Article, or any remaining portion(s) thereof. All other provisions of this Article, and
569 remaining portion(s) thereof, shall continue unimpaired in full force and effect.
570
571 SECTION 5. - Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in conflict with this
572 ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the
573 repealing clause of such ordinance or revive any ordinance which has been repealed thereby.
574
575 SECTION 6. - Captions and Paragraph Headings. Captions and paragraph headings, where used herein, are
576 inserted for convenience only and are not intended to descriptively limit the scope and intent of the particular c
577 paragraph or text to which they refer.
578
579 SECTION 7. -Inclusion in the Monroe County Code of Ordinances. The provisions of this ordinance shall be
580 included and incorporated into the Code of Ordinances of Monroe County, Florida and shall be numbered to
581 conform with the uniform numbering system of the Code.
582
583 SECTION 8. - Effective Date. This ordinance shall be filed in the Office of the Secretary of the State of Florida
584 and shall become effective as provided by law.
585
586 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular
0.
587 meeting held on the day of , 2021. 0
588 eC
589
590 Mayor Michelle Coldiron
591
592 Mayor pro tem David Rice =
593 2
594 Commissioner Craig Cates
595 CL
596 Commissioner Mike Forster
597
598 Commissioner Eddie Martinez
599 '�-
600 W
601 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
602
983 Attest: KEVIN MADOK, CLERK
605
606 By: By:
607 As Deputy Clerk Mayor Michelle Coldiron
MONROE CO ATTORNEY
A TO FORM E
PETER MORRIS
ASSISTANT COUNTY ATTORNEY
12 of 12 ate: 69J
Packet Pg. 2429
4.6.b
14A THE Vt C—Lb.Vtu N E FrP,,,,Mny29-30,202E
Plague of destructive mice tormenting Australians
BYRDD MCGUIRk ( a"g 1 $ I y/y)i }( �4ordered 5,000 liters(1320 the scourge of the [ paddock iviR send a dozen
The Associated Press "'d" H- q H�W �i '� gallons)ofthe banned poison clucedh Mus mice scurrying.The d
B d t to from India. muscous. walkst th dead
BOC IN GATE Austratta ' )H`(/ W3H'/4 (y o The federal government Theg di thave tenpoison
At night,the floors of sheds ,.,w,der - 4{g regulator has yet t approve t commis oned adzes us haft
rash beneath carpets of Tremergency applications t s who have helped farmers o But a constant both day
scampering mice. Ceilings �. t ; 'y use the poison rkt p cope with the drought,fire and night is th stench of
alivecome with m. e I� `"_ t by eters of crops Critics f the d floods returning t d decaying
f t h g O family
poison wdl kilt t only e h Lp p pl d 1 with rkt flesh.Th eIi people's
blamed
mice cheiving l c yT` rk,/ /) _ but also animals Chat f d oil stressesf mice. greatestg gripe.
t t wires for then .,house °bed '� k y +.n'z ;_"°z`_ them including wedge tact Te worst comes
after You deaf wtdi it all day
burningdown. RICH Rr6r6n.roe a 111LeRites eagles and family pea. dark,when millions of mice Youreoutbaiting,tryingyoni
Vast tracts of Land in "We're having to go down that had been hiding and 6estto manage ilia situation
Australias New South Wales Mice scurry around stored grain on a farm near Tottenham, this path because we need dormant during the day be- theft come home mid just LEE
state are being threatened Australia on May 19. something that is super c active. stench of dead mice,'said
by a mouse plague that the regional New South Wales," devour the wheat,barley strength,the equivalent of come active.
the crisis is Less Jason Conn,a fifth genera-
state government describes Agriculture Minister Adam and ca iola before it can be napalm to just blast these apparent.Niches of road are tion farmer near Wellington
s"absolutely unprecedeno- Marshall said this month. harvested n e into oblivion,"Marshall dotted with squashed mice i central New South Wales.
ales.
lust how many millions Bruce Barnes said he is NSW Farmers,the state's said. from the previous night,but "They're in the roof cavil}
of rodents have infested the taking a gamble by planting top agricultural association, The plague is a cruet blow birds soon take the carcasses of your house.If your hOUSE m
agricultural plains across the crops on his family farm near predicts the plague wilt wipe to farmers in Australia's most away.Haystacks are disin- is not well sealed,they'rE °d
state is guesswork the central New South Wales more than E billionAustralian populous state who have tegrating due to ravenous in bed with you.People GTE OU
"We're at a critical point town of Bogart Cate. dollars(5775 million)from been battered by fires,floods rodeos that have burrowed getting bitten in bed,"Conn S
T where if we don't sig- "Wejust sowandhope,"he ilia value of the wimer crop. and pandemic disruptions deep inside.Upending a said"II doesnt relent,chats I
nificandy reduce the number said The state government has in recent years,only to face sheet of scrap metal Lying in for sure..'
b
of mice that are in plague The risk is that the mice
proportions by spring,we are will maintain their num- NOTICE OFAMEETING OF TRUSTEES OF THE
facing an
absolute economic hers through the Southern City of Key West RETIREMENT SYSTEM FOR THE GENERAL o
mid social crisis in rural mid Hemisphere winter and Citizen Review Board-Board Position EMPLOYEES OF THE UTILITY BOARD OF THE CITY m
The City of Key west Citizen Review Boartl(CRB)is seeking to OF KEY WEST,FLORIDA
fill one(1)BoaN posRion.The one(1)position isa Commission PENSION BOARD OF TRUSTEES FOR THE GENERAL
City of Key West,FL EMPTHELOYEES OF THE UTILITY BOARD OF THE CITY of KEY WEST
Kw-1— Applicant.must be a..id-of Key Westn gootl stantlng FLORIDA,WILL HOLD A PENSION BOARDMEETNG ONTUESDAV
Tree Commission antl preferably be nominatetl by a civic or social organization. NE 1,2021 AT 1.30 P.M.
Applmstionsare available st the CRBofflce in the Ferry Terminal THE PUBLIC MAY JOIN THE MEETING BY CALLING THE PHONE 0
Montlay,June],2D21 5:DD PM CRY HIGH Building,on the CRB/Ciry website or by calling 3D5-figs-3117, NUMBER AND ENTERING THE ACCESS CODE BELOW. o10
Applications must be receivetl or p—ollketl no later than _
ADA Assistance:It the policy d the Cry of Key West Mcomply June 27thth,2D21,5:DDpm. I TGLLFREE:1-866-899-46]9/ACCESS CODE:]93-449-261
with all requirements d the Americans with Disabilitles Ad(ADA). u'
Please toll th TTVnumber1-800-955-8771 or for voice 1------5- O
8]]0 orihe ADA Coomireforaf505-80"W fat leaztfive business C
days is advancefor sign language interpreters,assistive listening UTILITY BOARD PUBLIC
d-ices,or materials laacceddiNeformat. CALL FOR BIDS D-
ALLVISUALPRESEMATIONS(POWE RPOINTONLV)FORAGENDA MEETING NOTICE a
ITEMS MUST BE RECEIVED IN THE GTY CLERK'S OFFEE I.) THE UTILITY BOARD OF THE CITY OF KEY WEST,FLORIDA,herein
TWENTY-FOUR HOURS PRIOR TO THE MEETING. THE UTILITY BOARD OF THE CITY OF KEY WEST WILL HOLD Baer oelletl Utlllty Board operator of Keys En-Bervloes(KEYS),
Vou may m.MPPshd.ipde virtualN by telephoning:1-301->15- A WORKSHOP ON WEDNESDAV,JUKE 2,2D21,AT g:3D A.M. hereby glues notice to prospeotive bltltlers that seeletl pmposels will
Ssa2 Meeting ID'SS]52981320 Passcotle.1—or onl're nt IN THE KEYS ENERGY SERVICES BOARD ROOM,LOCATED be receivetl by KEYS elect.n,.dly until 1:30 Be on Fntlay,Ju.le, C
hmEs://us02web.zoom.us/'/88>52981320 Passcotle:132520 AT 1DD1 JAMES STREET,KEY WEST,FLORIDA. =1 for: V
Call Meeting Tc Did., KEYSBIDO6-21SPECIFlC,CTIONSFORPURCHASEOFABB O
THE PURPOSE OF THE WORKSHOP IS TO REVIEW AND POWER CIRCUIT BREAKERS
Rdl Call DISCUSS THE UTILITY BOARD 2D2D-2D22 STRATEGIC PLAN. KEYS BID 25-21 SPECIE—ONS FOR PURCHASE OF SIEMENS
Pletlge d Allegiance M the Flag THIS MEETING IS OPEN TO THE PUBLIC. POWER CIRCUIT BREAKERS U
Approval dAgeMa The Urlllty Boartl has Instituted Vendo,L,nk antl Demand5t,r ystems to
pmvltle ourren-fib natlontopotentl-Minters.Thesesystemswlll 2
Approval of Minutes allow you to reoelve b,d Information qulokly antl at your oonvenlenoe .00,
24 hours a day,seven da a week Speolfioatlons may be oUt,ned <
May,,,262, MONROE COUNTY fmmtherwebKtesm mwentlarrnkaamarww",DemmtlBtar D
1 m.Registered ven-,will be nonfietl automatloally of dl Requests
Adionnems BOARD OF COUNTY ��r Propona1. Kau may KcKope vier n7KEnemy a tlawnlaatl
Informetlon far all KEYS bltlspeolfiodons —
2 anS 11;12021-00]5/Luanne DDughtry COMMISSIONERS "
SE
aeq�l�ingolagoalo YgoungmltlaAAnvgUvr nis NOTICE OF PUBLIC Dn gedtree—h-IIParma.
MEETINGAND NOTICE MONROE COUNTY s 3 za Sireef?2021-0108/Merk study Tomczak and d
Repe etdW:F OF PUBLIC HEARING BOARD OF COUNTY a
Represented by:Fan-King
Requesing aPPreval f3 remove(e RDyaI PM—y. IN. NOTICE OF CHANGE TO
IDDafed Dn the Property Ilne and Elie Glty right DtwayaCOMMISSIONERS
'1 2800 RDD eWIt BIv-2021-0137/Overseas Mackat THE MONROE COUNTY NOTICE OF PUBLIC
rented by:Bee^Mhug—,NmW a°it°ape COMPREHENSIVE PLAN MEETING AND NOTICE °
Req,..Ingalop—alD,vNhve(1)GreenB—n—dtree. OF PUBLIC HEARING in
5 24 Vlglnle Ste -0140uohn Lyklns N
D-1K—the
PePredented by:F.11.Bu—n JUNE 16,2021 NOTICE OF CHANGE TO
Requesting approval to remove(1)ChHuberry tree. Q
6 19 wI uam streets 1316 Royal sfredrtpzozl-o 602 MT C.Mi,Eaad'yt"Co ryMommissoes;.ax�;wiel THE MONROE COUNTY w
Repreo'nfedby: epanlersAdDDlafed,In3 helallawingPubllIMeeting,beginni I,at=A.M.TM1eeGGG CODE OF ORDINANCES
Requestng Final Landscape Plan approval wltM1 tree removal ding will be ahybrm format wltM1 iM1e connry commisslon members
alDg14)Jamacan Caper,(8)Smell Leat efmg Ito uclay H n Government Ceder,1
SIR la,,(/)Gumbo Limbo,(3F Red CDo3 Plum,R)Saflnleai, Oversees Hlg-lay,Key Lego,Monroe County,llh,da 33037,w Io
(2)Sllv.1 Buffonwood,(1) adlewood(1)FmnglKan1,(1) he public will be able i3 patapafe via Zoom Webinar.Ad HK Pubil
aM1Dgany,(1)Ralntree,(1)S,W.la—,(1)WM1Ife Bthoper .ting the EGGS WII M1eld the blll.,ng Public.—ins fo re2lew JUNE 16 2021
es,(3)Christmas Palms,(2)Washingtonian Palms,(1)Ip Iva public comment tar the touowl I,Hems at the following 1
Fan and(1)Royal Paim.ThF Drlde mafoho—u plan I—:race NOTICE IS HEREBY GIVEN that on Wetlnestlay,June 16, Y5
so proposes i3 imnsplenf(]) (3)
Keys Th—Palms,and 0)CM1ridmas Palms. PUBLIC HEARINGS:1:so Be(or as soon thereafter as may be 2021 the Monroe County Boartl of County Commissioners
heartl): ("MCC")will Chid the following Public Meeting,beginning
7 1414 AbUV St -0151/Ciry of Key west L ECTan at9:ODAM.The BOCC meeting will be a hybrd format with .S
Gubin ARESOLUTION OFTHE MONROE COUNTY BOARDOF COUNTY the County Commission members meeting live atthe Murray
Represented by:Karen e.= COMMISSIONERS RENOUNCING AND DISCLAIMING ANY RIGHT Nelson Government Center,1 D2DSD Overseas Highway, d
Requesting approval f3 remove(1)Gumbo Umb re OFTHE COUNTYAND PUBLIC IN AND TO THAT PORTION OF THE Key Larg o,Monroe Counry,Floritla 33 D3],while the public Q
IDcafed on the property line and the city right of way.Df RIGHT-OF-WAY OF PINE DRNE,AS SHOWN ON THE PLAT OF PINE
HAMMOCK SUBDIVISION,PLAT BOOK 3,PAGE 1M,BOUNDED will be able to participate via Zoom Webinar.At this Public
e ruman Avenue P2021-0003?DGroup F—an ON THE NORTH By
DGN'S COURT;BOUNDED ON THE WEST By Meeting the BOCC will Chid thefollowing Public Hearing to
2 LLC4 TTRACT
RAND F PINE KEY ACRES;BOUNDED ON THE SOUTH By
rev ew and
receive public comment for the following Rem at 2
Represented by:Sm II Hawks D AND BOUNDED ON THE EAST BY BLOCK 1,LOTS the following time: U
Requesting Conceptual Landscape plan approval-h IN. 110.(2020 119)
eI of(e)SpenisM1 ume I—
and
1:30 P.M.(or as soon thereafter as may be heard):
and alB,onufhelme remov AN ORDINANCE BV THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS TRANSMITTING TO THE STATE tNVD E
9 100 Grinnell SFY-2021-015-ty of Key wed-Port PLANNING AGENCY AN ORDINANCE By
THE MONROE COUNTY AN ORDINANCE BY THE MONROE COUNTY BOARD
Operations Represented by:JDsepM1 Scarpelli-wPfnorn BOARD OF COUNTY COMMISSIONERS ADOPTING AMENDMENTS OF COUNTY COMMISSIONERS:AMENDING CHAPTER
Design TO THE MONRGE COUNTY 2030 COMPREHENSIVE PLAN TO 12 ("ENVIRONMENT AND NATURAL RESOURCE
Requfesting approval D,vh,hW(2)Spa—L Stoppers,R) AMEND ROD so 1.],OBJECTIVE 50 2,POLICY 50 PROTECTION')OF THE MONROE COUNTY CODE OF Q
BIDi Iy,(1)Jamaican Caper,(s)Sabel Palms,and(1)RDyaI DO ICY 501.z.z,POIR 501.z.3 AND POUCv sol.s.s OF THE ORDINANCES TO AMEND ARTICLE It ("RESERVED')
d approval Di an updated and PORTS,AVWTION AND RELATED FAMLIS ELEMENT TO ALLOW BY ADOPTING AND INCORPORATING REGULATIONS
imaproved landscape pianniorihe area. HPGRtHERE GISENO G SHERHVIABLEICH VALTERINATVE IMPACTWETAVAILABLEDAREAS
WHEN , RELATINGTOTHE USE OR APPLICATION OF FERTILIZERS,
Administbod-Hearings HE KEY WEST INTERNATIONAL AIRPORT AND THE FLORIDA RELATING TO FLORIDA FRIENDLY FERTILIZER
KEYS MARATHON INTERNATIONAL AIRPORT,CONSISTENT WITH USE OR APPLICATION WITHIN UNINCORPORATED
t0 1st Stred/tC2021-0001/Charles L Ca—llawichf AIRPORT MASTER Puw(AMP)AND ARPORT LAYOUT PLAN MONROE COUNTY; PROVIDING FOR DEFINITIONS,
Respondent CM1arves wicM1f (ALP)FOR EACH PUBLIC AIRPORT AND CONSISTENT WITH ALL USE,TIMING OF FERTILIZER USE,CONTENT-BASED
aI Di(4)Gumbo Umbos and(1) PUCABLE FEDERAL AND STATE PERM n/AuiHORlzarON FERTILIZER APPLICATION REQUIREMENTS;PROVIDING
Pigeon Plumctreedwlfhouf bendy Dt me.remov¢Karma REQUIREMENTS,INCLUDING MITIGATION FORENVIRONMENTAL FOUR
OR SEVERABILITV; PROVIDING FOR REPEAL OF
IMPACTS; PROVIDING FOR SPEROVAIONS; PROVIDING FOR CONFLICTING PROVISIONS INCONSISTENT HEREWITH;
11 sf"ChaC2020-0014/CM1arles WicM1t TA CONFLICTING PROVISIONS; PPGVIDING FOR
Respondent CM1ary ed Wicm ECRIETIITTALTGTAE STATE LAND PLANKAMEND AMENDMENT
THE PROVIDING FOR INCORPORATION INTO THE CODE
Dol—An Di Coto Kl lance ht J Seniem01 Agreement and SECRETARY IO STATE;PROVIDING FOR AMENDMENT TO AND OF ORDINANCES;PROVIDING FOR TRANSMITTAL TO
Issued IN.removal permit Di January 2o19. INCORPORATION IN THE MONROE COUNTY COMP0-115) NE THE SECRETARY OF STATE;AND PROVIDING FOR AN
LAN,PROVIDING FOR AN EFFECTIVE DATE.(FILE 2020-145) EFFECTIVE DATE.
12 fe Sired?C202L0004/Ali KM1mge Awlfer D.s
MannanMhhul-Sunbeam Grocery G,,M,isit Me Monroe Counry Websife atw i. ou iv-fl Please visit the Monroe County-IMRe a1iV wnn
Respondents:SunbeemdGrocery antl Roberto CM1avez-RC g i for meeting slabl uptlffies ablic M math til I tling Me f�i us pit..a Ma M th.saM A.th regarrn—I e
CDndlvdion Services,Inc rhos options available to Me public to view Me live meeting s all available to the public to view Me live meeting
Th.Unauthh—d al Di(2)Sd the cod fl.,HN HI, antl/or to make public comments on certain agentla items. antl/or to make public comments on certain ageMa items.
e(1)R Di a IN.removal permit antl iM1e Improper film ming
Di11 RDyaIPDlnclene IN.IDcefed on the properly L.wltM1 Pursuant YoSecYlon 286.O105 Rohde Statutes,IYe person tleGeM Pursuant Yo,,hoon 286.O105 Hohtle Statutes,It person decltles
1118 Fleming Street. Yo appeal any tleGslon oY tde d'of County CommAvloners,wRh Yo appeal any tlecLlon oY the eowtl oY County Commlvloners,wtth
respectfo any mettereonsltleretl eF Yoe meeting1r,—ng,heor.she respeeYYo enymettw eonsltlere ,0,emceYlrig orheeh heor.she
Urban Forestry Managers Report MOY the proceetlings,and that,Yor such purpose,he tloYYhe
omeyrneetl fo ensure a verbeFlm recortl oY the proceetlings L e recor proceedings,antl YheY,Y the oh purpose,he
�ey neetl Yo ensure a verbatim recortl o proceetlings Is
Assistant City Attorneys Report s the feshmony L evidence upon which the Yeshmony&evidence upon which
e appeal its fo ee basedar a appealls fo be basedtle
Public Comments
A ASSISTANCE;If you are a p—a ADA ASSISTANCE;If you area person e,M a deedc1lYy who
Commissioner Comments needs special accommotlations in wde Yo particlaa in M. needs special accommotlations in wdw Yo padsb_fe in this
proceeding,please contact the County A--'s WI by proceedng,please cnnfacYYhe County Atl 's O/hre,
Atllournment phoning()292-aaay berv✓een the sof 8:30 a,m,-6p0 byphodng(305)292-aaay berv✓een the ursrd8.30 a.m,-6A0
p,m„rro later MR,u flue 16)ca r dW poor fo the scheduled p,m„Co later MR,u 1(5)ca r days pow o,the schedued
reting;lfyou are hearing orlrolre lmpaned�cmi'Tit," Cg;lfyou are hearing orvolre Impaired,call"Tit,"
Packet Pg.2430
MONROE COU Q.6.b
BOARD OF CO
COMMISSIONERS
NOTICE OF PUBLIC
MEETING AND NOTIC
cu
OF PUBLIC HEARING a
NOTICE OF CHANGE 1 0>41
THE MONROE COUN1
CODE OF ORDINANCE CU
JUNE 165 2021
NOTICE IS HEREBY GIVEN that on Wednesday,Jur ,
2021 the Monroe County Board of County Commissio
("BOCC") will hold the following Public Meeting, begi a) I
at 9:00 A.M.The BOCC meeting will be a hybrid forma 1
the County Commission members meeting live at the fV wY I
Nelson Government Center, 102050 Overseas Hig
Key Largo, Monroe County, Florida 33037, while the I
will be able to participate via Zoom Webinar. At this I
Meeting the BOCC will hold the following Public Heari
review and receive public comment for the following it t
the following time:
Cr
1:30 P.M.(or as soon thereafter as may be heard):
AN ORDINANCE BY THE MONROE COUNTY B( 1
OF COUNTY COMMISSIONERS: AMENDING CHA i
12 ("ENVIRONMENT AND NATURAL RESO( _
PROTECTION") OF THE MONROE COUNTY COD > _
ORDINANCES TO AMEND ARTICLE II. ('RESER' )
BY ADOPTING AND INCORPORATING REGUL.Al i
RELATING TO THE USE OR APPLICATION OFFERTIL12 ,
RELATING TO FLORIDA FRIENDLY FERTII 0 1
USE OR APPLICATION WITHIN UNINCORPOR L- )
MONROE COUNTY; PROVIDING FOR DEFINITI
USE, TIMING OF FERTILIZER USE, CONTENT-B, )
FERTILIZER APPLICATION REQUIREMENTS; PROVI a
FOR SEVERABILITY; PROVIDING FOR REPEAL =
CONFLICTING PROVISIONS INCONSISTENT HERE\ 6 ;
PROVIDING FOR INCORPORATION INTO THE (
OF ORDINANCES; PROVIDING FOR TRANSMITTA )
THE SECRETARY OF STATE; AND PROVIDING FO J
EFFECTIVE DATE.
Please visit the Monroe County Website at www.monroec( _
fl.gov for meeting agenda updates and information regardii
various options available to the public to view the live m, I
and/or to make public comments on certain agenda items
Pursuant to Section 286.0105 Florida Statutes, if a person d
to appeal any decision of the Board of County Commissioner. i
respect to any matter considered at the meeting or hearing,he
will need a record of the proceedings,and that,for such purpc
or she may need to ensure a verbatim record of the proceed s
made, which record includes the testimony&evidence upon i
the appeal is to be based.
CU
ADA ASSISTANCE. If you are a person with a disability >
needs special accommodations in order to participate i >
proceeding, please contact the County Administrator's Office,
by phoning(305)292-4441,between the hours of B-30 a.m.-5.00
p.m.,no later than five(5)calendar
meeting;if you are hearing or voice Packet Pg. 2431
MAY 29,2021 KEY WEST CITIZEN
Pamela G. Hancock
From: Yongue-Liz <Yongue-Liz@MonroeCounty-FL.Gov>
Sent: Monday, June 14, 2021 8:57 AM
To: County Commissioners and Aides; Shillinger-Bob; Gastesi-Roman; Schemper-Emily;
Cioffari-Cheryl
Cc: Morris-Peter; Ballard-Lindsey; Kevin Madok; Pamela G. Hancock
Subject: FW: Support for Agenda Item Q6 - Fertilizer Ordinance
Attachments: AIS Q.6 Florida-Friendly Fertilizer Public Hearing.pdf
Good Morning!
Please see the below public comment received in support of Public Hearing item Q-6, for Wednesday's 6/16/2021 BOCC
Meeting. I have attached the Item's Agenda Item Summary for your convenience.
Liz Yongue
Executive Assistant
Monroe County Administrator's Office
1100 Simonton Street, Suite 2-205
Key West, FL 33040
(305)292-4441 (Office)
(305)292-4544(Fax)
Courier Stop#1
Yongue-liz@monroecounty-fl.gov
From: Collin Schladweiler<Collin.Schladweiler.458489813@p2a.co>
Sent: Friday,June 11, 2021 5:53 PM
To:Yongue-Liz<Yongue-Liz@MonroeCounty-FL.Gov>
Subject: Support for Agenda Item Q6- Fertilizer Ordinance
CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or
open attachments you were not expecting.
Dear Monroe County Board of Commissioners,
As a concerned resident I am writing to you showing support for the adoption of Agenda Item Q6 to adopt the "Monroe
County Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes".
Excess nutrients, such as nitrogen and phosphorous, which come in most fertilizers, can pollute waterways and cause
environmental problems such as algae blooms. Algae blooms kill wildlife, are harmful to humans, smother seagrass, and
turn our beautiful blue water green.
It's more critical now than ever to reduce land-based pollution. Reducing the use of urban fertilizer can improve our
waterways and help keep our coastal waters blue.
i
Please show support in adopting this ordinance by supporting Agenda Item Q6.
Regards,
Collin Schladweiler
2103 Coral Way
Miami, FL 33145
collin@miamiwaterkeeper.org
2