Book 59 Page 30521 04/30/07 7:30 A.M. MINUTES OF THE SPECIAL COMMISSION MEETING OF APRIL 30, 2007 PRESENT: Mayor Lou Ann R. Palmer, presiding, Vice Mayor Kelly M. Kirschner, Commissioners Fredd "Glossie" Atkins, Richard Clapp, and Ken Shelin (first session), City Attorney Robert M. Fournier, City Auditor and Clerk Billy E. Robinson, and Interim City Manager V. Peter Schneider ABSENT: None Mayor Palmer called the meeting to order at 7:30 a.m. INVOCATIONPLEDGE OF ALLEGIANCE: City Auditor and Clerk Robinson 1. ADOPTION RE: PROPOSED RESOLUTION NO. 07R-1973, TO ELECT FOR THE CITY OF SARASOTA TO BE SUBJECT TO THE PROPOSED SARASOTA COUNTY ORDINANCE REGULATING FERTILIZER USE; ETC (AGENDA ITEM I) City Attorney Fournier stated that the meeting is to allow the Commission to consider the adoption of proposed Resolution No. 07R-1973 to have the County's proposed Emergency Ordinance No. 2007-053 concerning fertilizer and landscape management become effective and enforceable within the City limits; that the Sarasota City Code (1986 as amended) (City Code) authorizes the City to adopt a resolution to allow enforcement in the City as long as no conflict exists between the County ordinance and any City regulation; that the following ypographical errors in proposed Resolution No. 07R-1973 will be corrected: The third "Whereas" clause will be corrected to indicate # that the County ordinance is not in conflict with a City ordinance" rather than 4 that the County ordinance is not in conflict with the County Ordinance,' and The date will be corrected to indicate 2007 rather than 2006. City Attorney Fournier continued that the proposed County emergency ordinance is intended to reduce nutrients in stormwater runoff; that the use of fertilizers containing more than two percent phosphorus or other compounds containing phosphorus is prohibited; that fertilizers containing no less than 50 percent of slow release nitrogen must be used; that procedurally no County ordinance is currently adopted for the City to make effective and enforceable within the City limits; that the County meets at 8:00 a.m., April 30, 2007, to consider adoption of County Emergency Ordinance No. 2007-053; that the Commission should postpone adoption of proposed Resolution No. 07R-1973 until the Sarasota Board of County Commissioners (BCC) adopts Emergency Ordinance No. 2007-053 at the April 30, 2007, BCC meeting as changes may be made. City Auditor and Clerk Robinson stated that four people have signed up to speak; that the Commission could recess and reconvene at 9:15 a.m. after the April 30, 2007, BCC meeting which must conclude no later than 9:00 a.m. as the BCC has another meeting. Commissioner Shelin stated that he may not be able to be return to the Special Commission meeting after the recess. In response to question by Mayor Palmer asking the number of votes required to pass a proposed emergency ordinance, City Attorney Fournier stated that four votes are required to pass an emergency ordinance; however, the rule does not apply to the adoption of the proposed Resolution No. 07R-1973 as the proposed Resolution is to adopt Emergency Ordinance No. 2007-053 of the County. The following people signed up to speak: Matthew Dempsey, representing Florida Pest Management Association, indicating Green Industry Best Practices are recognized in State law and should be recognized in local ordinances as well and requesting the Commission consider including the Green Industry Best Practices in proposed Resolution No. 07R-1973. Julia Burch, Sarasota Bay Estuary Program, concerning the impact of fertilizers and pesticides on bodies of water and indicating rain water can wash nutrients and other compounds into bodies of water even though the fertilizers and pesticides are applied properly. Wayne Genthner indicating Sarasota Bay is being affected by the many nutrients being washed into the water and the Commission should address the issue by adopting proposed Resolution No. 07R-1973 as the County's proposed Ordinance is seeking to curb the nutrient flow. Don Chaney indicating the Southwest Florida Water Management District is aware the stormwater runoff should be clean prior to reaching the Sarasota Bay and supporting the adoption of proposed Resolution No. 07R-1973 to minimize the nutrients and other items which flow into the area's bodies of water. Commissioner Shelin stated that he would like to participate in the decision-making process and requesting the Commission adopt proposed Resolution No. 07R-1973 now rather than waiting until after the meeting of the BCC; that proposed Resolution No. 07R-1973 could be amended if the BCC makes significant modifications to County Emergency Ordinance No. 2007-053. In response to a request for direction by Mayor Palmer, City Attorney Fournier stated that the Commission should not adopt proposed Resolution No. 07R-1973 until the Emergency Ordinance is adopted by the BCC. Vice Mayor Kirschner stated that the suggestion presented by Commissioner Shelin was supported prior to hearing the comments by the City Attorney; that proposed Resolution No. 07R-1973 should be adopted as soon as possible. In response to a comment by City Auditor and Clerk Robinson indicating the Commission can reconvene in the afternoon rather than in the morning to allow the participation of the entire Commission, Commissioner Atkins stated that he will not be able to attend the continued meeting in the afternoon. Commissioner Shelin stated that proposed Resolution No. 07R-1973 adopts the Florida Green Industries Best Management Practices for Protection of Water Resources in Florida, June 2002 (Green Industries Best Management Practices), only for golf courses; that the Green Industries Best Management Practices should be adopted for the entire City. In response to a comment by Commissioner Clapp conçerning the reference of 180 days in Section 54-1033(b)(1) of the proposed County ordinance, Mayor Palmer stated that the 180 days refers to the period municipalities must wait to adopt any resolution or ordinances if the State passes legislation regarding fertilizers and pesticides. Mayor Palmer stated that the opinion of Commissioner Shelin can be read into the record as the Special Commission meeting will reconvene following the adjournment of the meeting of the BCC. Commissioner Shelin stated that he supports the adoption of proposed Resolution No. 07R-1973; that the Commission should consider the Green Industries Best Management Practices for the entire City rather than limiting the application to golf courses. The meeting was recessed at 7:57 a.m. and reconvened at 9:15 a.m. Book 59 Page 30522 04/30/07 7:30 A.M. Book 59 Page 30523 04/30/07 7:30 A.M. Mayor Palmer stated that the BCC adopted Emergency Ordinance No. 2007-053 with significant changes. City Attorney Fournier stated that the following were omitted from County Emergency Ordinance No. 2007-053: All regulations pertaining to phosphorus and nitrogen, The prohibition against the use of fertilizers during the raining season, The restriction of the application of fertilizers to six times a year, and The prohibition against the application of fertilizers within 25 feet from a body of water. City Attorney Fournier continued that only the provisions pertaining to licensing of commercial and industrial applicators remain in Emergency Ordinance No. 2007-053; that the Emergency Ordinance requires individuals to take the Green Industries Best Management Practices course to become certified to pay the local business tax and receive a receipt. Mayor Palmer stated that a significant amount of public input was previously received; that BCC Commissioner Joe Barbetta indicated most items included in the initial Emergency Ordinance were approved by an Ad-Hoc Committee established by the County; however, four BCC Commissioners disagreed with the regulations and provisions included in the Emergency Ordinance and made changes; that the Commission has the discretion to adopt or not to adopt the County's Emergency Ordinance No. 2007-053; that the County's Ad-Hoc Committee will be reporting to the BCC at the May 8, 2007, Regular meeting; that the BCC may draft more strict regulations following the meeting with the Ad-Hoc Committee. Commissioner Clapp stated that the removal of all regulations pertaining to phosphorus and nitrogen by the BCC is disappointing; that the Commission should adopt the initial County Emergency Ordinance as the City Commission can amend proposed Resolution No. 07R-1973 in the future. Commissioner Atkins stated that the City Commission should adopt the County Emergency Ordinance proposed prior to the changes being made by the BCC. Mayor Palmer stated that the Commission cannot adopt a stronger ordinance than the County adopted at this time as an ordinance requires a second hearing; that the City Attorney could draft an emergency ordinance similar to the initial Emergency Ordinance proposed by the County; that the City Commission can adopt the modified County Emergency Ordinance No. 2007-053 and direct Staff to draft an ordinance as previously proposed or not take any action to adopt the County Emergency Ordinance No. 2007-053. Vice Mayor Kirschner stated that the phosphate and fertilizer lobby has spent approximately $6 million in Tallahassee, Florida; that not acting would place a limit on the ability to protect the City's greatest asset in the community. Mayor Palmer stated that the communication between the State Legislature and local governments has not been good this year; that direction from the City Attorney is requested regarding the action which should be taken by the Commission. City Attorney Fournier stated that the City Commission will adopt County Emergency Ordinance No. 2007-053 as modified if proposed Resolution No. 07R-1973 is adopted. In response to a question by Mayor Palmer asking if the initial County Emergency Ordinance No. 2007-053 can be adopted by the City Commission, City Attorney Fournier stated no. City Auditor and Clerk Robinson read proposed Resolution No. 07R-1973 in its entirety. A motion was made by Commissioner Clapp and seconded by Vice Mayor Kirschner to adopt proposed Resolution No. 07R-1973. In response to a comment by Mayor Palmer concerning necessary changes which must be made to County Emergency Ordinance No. 2007-053, City Attorney Fournier stated that the County indicated applicators would be exempted from Sections 54-1025 through 54-1027 of the Ordinance; however, the exemption should apply only to Section 54-1026 of the revised County Ordinance; that the change is non- substantive; that any additional changes made by the County will not become automatically effective in the City unless the City Commission adopts the change. Mayor Palmer called for a vote on the motion to adopt proposed Resolution No. 07R-1973, which carried by a 4-0 vote with Commissioner Shelin absent. Mayor Palmer stated that Staff should be given direction to either continue working with the County or continue efforts to draft an ordinance. Vice Mayor Kirschner stated that the County is holding a meeting on May 8, 2007, with the Ad-Hoc Committee; that Public Works Staff should attend. Public Works Director William Hallisey came before the Commission and stated that Staff has been monitoring and attending the Ad-Hoc Committee meetings; that the issue of fertilizers and pesticides should be addressed County-wide. In response to a question by Mayor Palmer concerning an educational program for Channel 19, AccessSarasota to educate the public on how to reduce the pollution being washed into the bodies of water, City Auditor and Clerk Robinson stated that an education program can be developed. Mayor Palmer stated that Commissioner Shelin could not be present at the second session of the April 30, 2007, Special Commission meeting due to a personal matter; that he indicated support of the initial County Emergency Ordinance; therefore, his position is believed the same as the rest of the Commission which is to adopt proposed Resolution No. 07R-1973. 2. ADJOURN (AGENDA ITEM IV) There being no further business, Mayor Palmer adjourned the Special meeting of April 30, 2007, at 9:32 a.m. bR LOu ANN R. PALMER, MAYOR TTES A 3-Les * BILLYE.N BOBINSON, CITX AUDITOR AND CLERK Book 59 Page 30524 04/30/07 7:30 A.M.