HomeMy WebLinkAboutDocumentation_Environmental Advisory Committee_Tab 06_9/25/2019Agenda Item #6.
EnvironmentalAdvisory Committee
STAFF MEMO
Meeting: Environmental Advisory Committee (EAC) - Sep 25 2019
Staff Contact: Thomas Bradford Department:
WMI1111111111116 III
EAC Resolution 1-2019 - Request for Village Council to Assist Town of Palm Beach and Other
Florida Local Governments in Changing Florida Law to Allow Local Prohibition of Plastics
EAC Resolution Urging VC Support Home Rule on Plastic Bans
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Agenda Item #6.
EAC RESOLUTION NO.01-2019
A RESOLUTION OF THE ENVIRONMENTAL ADVISORY COMMITTEE OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, OPPOSING EXISTING
STATUTORY PROHIBITIONS NEGATING THE ABILITY OF FLORIDA LOCAL
GOVERNMENT TO REGULATE OR PROHIBIT POLYSTYRENE CONTAINERS, SINGLE
USE CARRYOUT PLASTIC BAGS AND OTHER SINGLE USE PLASTIC MATERIALS;
URGING THE TEQUESTA VILLAGE COUNCIL TO SUPPORT LOCAL EFFORTS TO
OVERTURN EXISTING STATUTORY PROHIBITIONS FOR LOCAL GOVERNMENT TO
REGULATE AND PROHIBIT REFERENCED PLASTIC PRODUCTS 13Y LETTER TO THE
GOVERNOR AND MEMBERS OF THE PALM BEACH COUNTY LEGISLATIVE
DELEGATION; REQUESTING COPIES OF THE LETTER BE PROVIDED TO LOCAL
GOVERNMENTS, OTHER ENTITIES AND INTERESTED PARTIES.
WHEREAS, by adoption of Village of Tequesta Resolution No. 21-19 the Village Council of
Tequesta created the Tequesta Environmental Advisory Committee to preserve andprotect all of
the Village's environmental resources and amenities and to make recommendons for best
practices, foster community partnerships and make. recommendations, goals, objectives and
policies relative to sustaining and improving the environment of the Village of Tequesta; and
WHEREAS, in the near future the Environmental Advisory Committee of the Village of Tequesta
wishes for the Village Council of Tequesta by ordinance to declare that it is in the best interest of
the public health, safety and welfare of its residents and visitors to reduce or eliminate litter and
pollutants, including polystyrene containers and single -use carry out plastic bags, on the land and
in the waters in and surrounding the Village; and
WHEREAS, on August I0,02019, the Third District Court of Appeal rendered an opinion that
Florida Statutes clearly and,unambiguously preempts the regulation of "polystyrene products" and
that Sections 403.708(9), 403.7033, and 500.90 relating to same are constitutional, thereby
preempting local government prohibiting polystyrene containers; and
WHERE expanded polystyrene - is a petroleum -based plastic most commonly incorrectly
referred to by the name of "Styrofoam" which is actually the proprietary trade name of a
polystyrene foam product; and
no
WHEREAS, expanded polystyrene containers and single -use carry out plastic bags are
detrimental to the environment because they do not fully degrade, they overburden landfills,
introduce unsafe chemicals into the environment, become litter and create hazards for land and
aquatic animals due to ingestion, and create impediments to waste reduction and recycling goals,
while creating unsightly litter; and
WHEREAS, use and distribution of expanded polystyrene containers and single -use carry out
plastic bags by retailers to consumers for use in carrying purchased goods has a detrimental effect
on the public health, safety and welfare of the Village, County and State; and
WHEREAS, expanded polystyrene and plastic bags constitute a portion of the litter in the
Village's streets, parks, public places and waterways; and
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Agenda Item #6.
WHEREAS, the Village wishes to become an environmental leader among local governments in
the State of Florida, with a goal of the Village being to replace expanded polystyrene and single -
use carry out plastic bags with reusable, recyclable, or compostable alternatives whenever
possible; and
WHEREAS, any local prohibition should provide for an implementation period allowing for an
extensive education campaign and for retail establishments to expend their current stock of single
-use carry out plastic bags and transition to reusable, recyclable, or compo ble alternatives; and
WHEREAS, the Environmental Advisory Committee finds that the prohibitions referenced
hereinabove are necessary for the preservation of our environment and the public health, safety
and welfare of Village residents, visitors and future generation and
WHEREAS, in order to effectuate the environmental init' es referenced it is necessary
for the Village of Tequesta Village Council to send a clear message to t e Governor and
Legislature of the State of Florida that the laws impeding local home rule relative to prohibition
of polystyrene containers and single -use carry out plastic bags must be repealed and the Village
Council and the Environmental Advisory Committee work together and in concert with our local
partners and local governmental agencies t effect this necessary change.
NOW, THEREFORE, BE IT RESO VED BY THE ENVIRONMENTAL ADVISORY
COMMITTEE OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA AS FOLLOWS:
Section 1. The foregoing ecitals are hereby ratif'd and confirmed.
Section 2. The VillageCouncil of the Village of Tequesta is hereby urged to write to the Governor
and the elected members of the Palm Beach County Legislative Delegation urging them to take all
steps necessary to repeal any Florida statute or administrative rule which thwarts local home rule
of the Village of Tequesta to regulate or prohibit the use of polystyrene containers and single use
carryout plastic bags.
e
Section 3. The Village Council is requested to provide a copy of the letter referenced in Section 2
via USPS to the Mayor of the Town of Palm Beach, Mayor of the Town of Jupiter Inlet Colony,
Mayor of the Town of Jupiter, Mayor of the Town of Juno Beach, Mayor of the City of Palm
Beach Garden , the Board of County Commissioners for Palm Beach County, the Northern Palm
Beach County Chamber of Commerce, the Florida League of Cities and any interested party.
PASSED AND ADOPTED BY THE ENVIRONMENTAL ADVISORY COMMITTEE OF
THE VILLAGE OF TEQUESTA, FLORIDA, THIS 25th DAY OF SEPTEMBER, 2019.
Thomas G. Bradford, Chair
Robert Shaw, Vice Chair
2
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Agenda Item #6.
Frank Harding, EAC Member
Lisa Krimsky, EAC Member
Resa ListortMKC Member
Member
Maria Pearson, EAC Member
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