HomeMy WebLinkAboutDocumentation_Environmental Advisory Committee_Tab 03_9/11/2019Agenda Item #3.
EnvironmentalAdvisory Committee
STAFF MEMO
Meeting:
Staff Contact:
Environmental Advisory Committee (EAC) - Aug 28 2019
Thomas Bradford
Department:
Update of Landscape Maintenance Firm Registration and Mandatory Landscaper Placement of Filter
Fabric Over Storm Drains During Work Activities
Memo on Update of Landscapeer License Regis & Drains
Page 8 of 22
Agenda Item #3.
Village of Tequesta
345 Tequesta Drive
Tequesta, FL 33469
MEMORANDUM
TO: EAC Members
FROM: Thomas G. Bradford, Chair, EAC
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www.tequesta.org
SUBJECT: Update of Landscape Maintenance Firm Registration and Mandatory Landscaper
Placement of Filter Fabric Over Storm Drains During Work Activities
At the August 14 meeting of the EAC I was asked to look into and report on landscape
maintenance firm licensing and registration status in the Village and the subject of placement of
filter fabric over drainage inlets when working on property having inlets thereon. My findings
are reported below.
Landscape Maintenance Firm Registration
The good news is the Village has state of the art code requirements on this subject. The Village
requires a landscape firm located in the Village to have a Village business license. In addition, if
you are a landscape firm working in the Village, but based elsewhere, and you possess a business
license from another entity, you may work in the Village, but you must register annually with the
Village. The applicable Tequesta Code Sections are as follows:
"Sec. 70-31. - Local business tax levied.
The village council hereby levies a local business tax fbr the privilege of engaging in or
managing any business, profession, or occupation within the village. The local business tax is
levied on:
(1) Any person who maintains a permanent business location or branch office within the
village, for the privilege of engaging in or managing any business within its
jurisdiction.
(2) Any person who maintains a permanent business location or branch office within the
village, for the privilege of engaging in or managing any profession or occupation
within its jurisdiction.
(3) Any person who does not qualify under subsection (1) or subsection (2) of this
section and who transacts any business or engages in any occupation or profession
Vice -Mayor Kristi Johnson Mayor Abby Brennan Council Member Vince Arena
Council Member Laurie Brandon Council Member Kyle Stone
Village Manager Jeremy Allen
Page 9 of 22
Agenda Item #3.
in interstate commerce, if the business tax is notprohibited by section 8, article I of
the United States Constitution."
And for registration requirements:
"Sec. 70-46. - Registration of persons without permanent place of business in village.
(a) Any person engaging in any business, occupation or profession within the village without
a permanent business location or branch office in the village, but holding a valid and
currently effective business tax receipt issued by the county or another incorporated
municipality, shall be issued a certificate of registration upon submitting a completed
application for registration with the village and upon the payment of a registration fee as
set by resolution of the village council and on file in the village clerk's office. This
certificate of registration shall be valid for a period of one year and shall be renewed
annually during the months of August and September, with the certificate of registration
becoming delinquent on October I of each year.
(b) This section does not apply to construction industry contractors who are regulated by the
state department of business and professional regulation and/or the county construction
industry licensing board. "
We need to verify that landscape maintenance firms are covered by these Code sections. If they
are not, they can be easily be included, by code amendment. In addition, it is not clear if there is
a fee for registration of firms doing business in the Village, but not physically located in the
Village. The fee should be di minimis; something on the order of $5 to $10 per year and only
represent the Village's actual costs for administering and/or enforcing the registration provision.
The bad news is that when I requested a printout of the landscape firms licensed or registered in
the Village, I received the following:
BUSINESS NAMEW
BUSINESS ADDRESS
PRO CUT LAWN PROPERTY
MAINTENANCE INC
167 MAGNOLIA WAY
REVIVAL LANDSCAPE SERVICES LLC
61 PINE HILL W TRL
TEQUESTA LAWN CARE
37 RUSSELL STREET
KMR LAWN & LANDSCAPE
308 TEQUESTA DR, SUITE 3
WARREN E MCCORMICK GARDEN
DESIGN INC
308 TEQUESTA DR SUITE 5
On my street/block alone there are in excess of six landscaping maintenance firms, including
mine, and none of them are on this list. In addition, TruGreen is not even on the list and they do
landscape maintenance by spraying fertilizer, pesticides and herbicides not only in Tequesta, but
all over America. Without proper enforcement of the existing Code we will not be able to create
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Agenda Item #3.
a data base for communication purposes and neither will future efforts to enforce fertilizer
restrictions be possible.
Mandatory Landscaper Placement of Filter Fabric Over Storm Drains During Work Activities
I have been actively roaming the internet looking for examples of municipalities that require
coverage of drainage inlets by landscaping maintenance firms when working on property with
such inlets and have found nothing to date. There is evidence that cities have contemplated doing
that such as in Dallas, Texas, but no evidence of a city actually requiring it. I have also seen
materials on websites of firms selling products for landscapers showing their filter fabric
products being laid over storm drains in promotional materials which leads one to believe some
landscapers do this, but whether they do it because they are environmentally conscience or
regulated to do so is unknown. The internet reveals to me that California is the strictest when it
comes to such regulatory matters and protecting surface and sub -surface waters. I have read or
scanned many California municipal adopted Best Management Practices (BMP) for stormwater
management, but to date nothing indicates that landscaping maintenance firms are required to
cover drainage inlets while working. Plenty of data is out there indicating dumping yard waste
into storm drains is prohibited, that drainage inlets are to be cleaned out not less than annually
and inlets are to be specially cared for during construction activities, but so far nothing more.
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Agenda Item #3.
Dear Mr Allen:
The Village of Tequesta Environmental Advisory Committee (EAC) is excited about supporting and
providing recommendations relating to the Village of Tequesta's ongoing and future environmental
needs.
We have been working to determine areas that will provide the greatest positive impact to our
community. A recurring area of concern that was brought to our attention, researched, and discussed
is the need to focus on the chemicals that are currently being deposited on public and private properties
in the Village of Tequesta due to their environmental impact.
In an effort to educate ourselves further, we reviewed the Village's existing ordinances, regulations and
recommendations pertaining to this subject. We felt that it was important to know who was doing
business in our community to be able to determine what is being deposited on the public and private
properties. Although there are no specific guidelines regarding the chemicals that are allowed or not
allowed in the Village of Tequesta, we do have existing ordinances (Ord. No. 614, § 1, 6-14-2007) in place
requiring companies that do business in the Village to be licensed or at the very least to be registered. In
an effort to further gain information, we requested a printout of landscaping businesses licensed or
registered within the Village of Tequesta. Unfortunately, when we requested this printout of all the
licensed or registered businesses with a designation of landscaping only five (5) companies were reflected
in the database. Many of the EAC members knew landscaping companies currently doing business within
the Village that were not on the printout. As a result we respectfully ask that you assist us with the
following questions:
1) Is the printout we were given accurate?
2) How are these ordinances currently enforced?
3) Who is responsible for the enforcement of these ordinances?
4) Once a business is licensed or registered, is there a way to identify businesses that are licensed or
registered? (i.e. sticker, decal)
5) How do we monitor individuals or companies that are transacting business within the Village?
6) Do we currently use our databases to communicate with those doing business within the Village of
Tequesta?
In addition to landscaping companies, pest control companies and any business that puts chemicals on or
into the ground may need to be considered when responding to these questions.
We appreciate your assistance with these questions as they will further assist us to make appropriate
recommendations to the Council.
Attached are the specific ordinances and the printout that we were provided.
Thank you,
Page 12 of 22
Agenda Item #3.
Sec. 70-31. - Local business tax levied.
The village council hereby levies a local business tax for the privilege of engaging in or managing any
business, profession, or occupation within the village. The local business tax is levied on:
(1)
Any person who maintains a permanent business location or branch office within the village, for the
privilege of engaging in or managing any business within its jurisdiction.
(2)
Any person who maintains a permanent business location or branch office within the village, for the
privilege of engaging in or managing any profession or occupation within its jurisdiction.
(3)
Any person who does not qualify under subsection (1) or subsection (2) of this section and who transacts
any business or engages in any occupation or profession in interstate commerce, if the business tax is not
prohibited by section 8, article I of the United States Constitution.
(Ord. No. 614, § 1, 6-14-2007)
Sec. 70-46. - Registration of persons without permanent place of business in village.
(a)
Any person engaging in any business, occupation or profession within the village without a permanent
business location or branch office in the village, but holding a valid and currently effective business tax
receipt issued by the county or another incorporated municipality, shall be issued a certificate of
registration upon submitting a completed application for registration with the village and upon the
payment of a registration fee as set by resolution of the village council and on file in the village clerk's
office. This certificate of registration shall be valid for a period of one year and shall be renewed annually
during the months of August and September, with the certificate of registration becoming delinquent on
October 1 of each year.
a
This section does not apply to construction industry contractors who are regulated by the state
department of business and professional regulation and/or the county construction industry licensing
board.
(Ord. No. 614, § 1, 6-14-2007)
Note— Formerly,
BUSINESS NAME
BUSINESS ADDRESS
PRO CUT LAWN PROPERTY MAINTENANCE INC
167 MAGNOLIA WAY
REVIVAL LANDSCAPE SERVICES LLC
61 PINE HILL W TRL
TEQUESTA LAWN CARE
37 RUSSELL STREET
KMR LAWN & LANDSCAPE
308 TEQUESTA DR, SUITE 3
WARREN E MCCORMICK GARDEN DESIGN INC
308 TEQUESTA DR SUITE 5
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