CITY OF TALLAHASSEE
CITY COMMISSION AGENDA ITEM
ACTION REQUESTED ON: January 28, 2009
SUBJECT/TITLE: First and Only Public Hearing on Ordinance No. 08-O-72; Proposed Amendment to Chapter 9, Environment, of the City of Tallahassee Code of General Ordinances to Regulate the Use of Fertilizer within the City.
TARGET ISSUE: Energy and Environment

STATEMENT OF ISSUE
This item is before the City Commission for a public hearing and action on Ordinance No. 08-O-72 (Attachment #1), Proposed Amendment to Chapter 9, Environment, of the City of Tallahassee Code of General Ordinances to Regulate the Use of Fertilizer within the City. Improper fertilizer application is a major cause of impairment to the City’s surface waters. Over fertilization is also reported to adversely increase levels of nitrogen in the ground water within the City. The proposed ordinance will regulate the proper use of fertilizers by any fertilizer applicator within the City; will require proper training; and will provide for certification of commercial and institutional fertilizer applicators. It is anticipated that regulation of nutrients in fertilizer will help improve and maintain water and habitat quality.

RECOMMENDED ACTION
Option 2: Hold the public hearing, and approve Ordinance No. 08-O-72, amended to add an additional training option as proposed by staff and to delete the Occasional Applicator exemption.

FISCAL IMPACT
This ordinance will have little direct fiscal impact on City resources. Long-term implementation would lower maintenance costs due to reduced clean out frequency in drainage conveyances, lakes, ponds, and other water bodies by slowing the overgrowth of vegetation and help restore water quality in area lakes and streams.

James R. English, City Attorney

For information, please contact: John Cox, ext. 6867, or Linda Hudson, ext. 8554.

SUPPLEMENTAL MATERIAL/ISSUE ANALYSIS
HISTORY AND FACTS
Water quality and biological health of the Tallahassee area lakes and watercourses are adversely affected by excessive nutrients. Fertilizers contain phosphorus and nitrogen, which are two of the main nutrients causing the adverse effects. Negative effects on ground water within the aquifers and area springs has also been identified in association with increasing levels of nitrogen. Water Quality Assessment Reports published by the State and the Environmental Protection Agency specify that the use of fertilizers on lands within the City is a major contributor to these negative environmental effects. Collectively, these water bodies are an asset critical to the environmental, recreational, cultural and economic well being of the City’s residents and the health of the public.

Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater and drainage conveyances. Regulation of nutrients, contained in fertilizer will help improve and maintain water and habitat quality. Accordingly, the Energy and Environment Target Issue Committee directed staff to develop a local ordinance to help prevent the misuse of fertilizer when applied within the City of Tallahassee. The first draft of the ordinance was published and distributed for internal review in late April 2008. The draft ordinance was introduced to the City Commission for consideration as Item 14 at their regular meeting on December 10, 2008. (Attachment 1)

A model ordinance developed by the Florida Fertilizer Consumer Task Force - Report to the 2008 Florida Legislature was used by the City as the template to formulate the proposed ordinance. The proposed ordinance establishes limits in the application rate of nutrients in terms of nitrogen allowed by the type of turf. These limits are consistent with state criteria established by the Department of Agriculture and Consumer Services (DACS) Urban Turf Rule. The primary focus of this ordinance, however, is on training and certification of commercial and institutional applicators (those that apply fertilizer as a primary part of their business).

Homeowners are exempt from the training and certification, but are encouraged to follow the Florida Yards and Neighborhoods Program guide when applying these products. The proposed ordinance, as introduced on December 10, 2008, and as presented in Attachment 1, also includes an exemption for Occasional Applicators (Yard Man). As explained below, however, staff is recommending that the exemption for Occasional Applications should be deleted from the ordinance.

At several points the draft ordinance was reviewed, and comments were received from several City Departments including Growth Management, Planning, Water Quality and Wastewater, and Water Resources Engineering. On October 27, 2008 the draft ordinance was presented to the E&E Target Issue Committee. At the direction of the Target Issue Committee, revisions were made that included the exemption for the occasional applicator. In late November 2008 staff organized a workshop to receive review comments from stakeholders (landscape services professionals) working in the community. Based on comments received from approximately 40 out of 85 invited that attended the workshop, the landscaping business/industry generally supported the ordinance, but very few of the stakeholders in attendance supported the exemption for Occasional Applicators. All other comments received by the stakeholders have been addressed. The industry representatives continue to recommend that the Occasional Applicator exemption be deleted. In addition, the Occasional Applicator provision is opposed by Florida Department of Environmental Protection representatives because it conflicts with the basic purpose of the ordinance and does not support the objectives of the state and federal Total Maximum Daily Load program.

The University of Florida Institute of Food and Agricultural Sciences (IFAS), through the Leon County Cooperative Extension Service, will provide training and certification for a nominal fee. The proposed ordinance includes a grace period of 180 days for training and certification.

PROPOSED CHANGES TO ORDINANCE 08-O-72 SINCE INTRODUCTION
After Ordinance No. 08-O-72 was introduced on December 10, 2008, two changes have been proposed, both of which are supported by staff, as follows:

1. First, staff recommends that the Occasional Applicator exemption be deleted from the ordinance. The training and certification requirement is not onerous, and deleting the exemption would avoid the cumulative effect of multiple fertilizer applications throughout the City by the numerous independent “yard men” that operate in the City limits. This change is also supported by the stakeholders in the industry and by the Florida Department of Environmental Protection.

2. Second, staff recommends an amendment to avoid redundant certification requirements. Based on stakeholder comments and suggestions from the Florida Department of Environmental Protection, the City intends to recognize other State-approved Best Management Practices (BMP) training certificates on proper fertilizer application in lieu of attending local training. Accordingly, staff recommends the following changes to Section 9-130 Training and Certification to provide for this provision:

(d) Persons holding a Certificate of Training issued in conjunction with the Florida Green Industries Best Management Practices Program for protection of water resources in Florida; or, other State approved certificate of training or, a certification issued by another local government, that includes at a minimum “Florida Green Industries Best Management Practices for Protection of Water Resources in Florida, June 2002,” or newer as the basis for instruction, may obtain certification by the City after contacting the City’s Water Resources Engineering Division and presenting proof of the currently active status of training as described in paragraph (a) above and attesting that he/she has received and read a copy of this Article. The Water Resources Engineering Division may adopt policies related to this exception, and shall maintain a list of approved alternative training programs.

In addition, staff recommends revising the definition of City-approved best management practices to include a reference to the alternative training programs above.

Proposed Ordinance 08-O-72 is before the City Commission for the first and only public hearing. Staff recommends approval of the ordinance, revised as outlined above. (Option 2)

OPTIONS
1. Hold the public hearing and approve Ordinance No. 08-O-72, as introduced with no changes, attached as Attachment 1.

2. Hold the public hearing, and approve Ordinance No. 08-O-72, amended to add an additional training option as proposed by staff and to delete the Occasional Applicator exemption.

3. Provide alternative direction to staff.

ATTACHMENTS/REFERENCES

Attachment #1: Ordinance No. 08-O-72, as introduced on December 10, 2008.