HomeMy WebLinkAboutDocumentation_Workshop_Tab 02_12/2/2019Agenda Item #2.
Workshop
STAFF MEMO
Meeting: Workshop - Dec 02 2019
Staff Contact: Thomas Bradford Department: Environmental Advisory
Committee
Discussion on Resolutions Recommended by Environmental Advisory Committee
The Environmental Committee has met consistently since July. The Committee has unanimously
approved to recommend to council the two draft Resolutions.
The first of the two resolutions for consideration is asking the Village to ban the use of herbicides
containing Glyphosate by the Village and contractors the Village utilizes.
The second of the two resolutions is urging the Village Council to support local efforts to overturn
existing statutory prohibitions for local government to regulate or prohibit products by letter to the
Governor and members of the Palm Beach County Legislative Delegation.
Both resolutions will be reviewed and reformatted by Legal as Council resolutions prior to
presentation at a regular council meeting.
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA (Final
EAC Resolution Urging VC Support Home Rule on Plastic Bans
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Agenda Item #2.
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA,
FL, DIRECTING THE VILLAGE MANAGER TO TAKE ANY AND ALL ACTIONS
NECESSARY TO BAN THE USE OF HERBICIDES CONTAINING
GLYPHOSATE BY THE VILLAGE, INCLUDING, BUT NOT LIMITED TO,
VILLAGE EMPLOYEES AND VILLAGE CONTRACTORS, IN THE PERFORMANCE
OF LANDSCAPING AND MAINTENANCE WORK ON ALL PROPERTIES OWNED,
LEASED OR UNDER THE CUSTODIAL CARE OF THE VILLAGE; FURTHER
DIRECTING THE VILLAGE CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE OFFICIALS STATED HEREIN.
WHEREAS, glyphosate is a non - selective weed killer / herbicide that is applied to the
leaves of plants to kill both broadleaf plants and grasses; and
WHEREAS, while the United States Environmental Protection Agency
considers glyphosate "not likely to be carcinogenic to humans," the International Agency for
Research on Cancer has classified glyphosate as "probably carcinogenic to humans"; and
WHEREAS, Bayer AG, the manufacturer of Roundup (an herbicide containing
glyphosate) has, to date, lost several U.S. jury trials in litigation to plaintiffs that claimed
exposure to glyphosate in Roundup caused their cancer and thousands of more lawsuits have
been filed in state and federal courts across the country alleging that exposure to herbicide
products containing glyphosate is associated with increased instances of cancer; and
WHEREAS, researchers at Bowling Green State University studying the impact of
glyphosate on the water quality in Lake Erie have discovered a potential link
between glyphosate and harmful blue-green algal blooms; and
WHEREAS, the Village Council of the Village of Tequesta has determined that it is in
the best interest of the public health, safety, recreation, and general welfare of the residents of
the Village of Tequesta ("Village") to ban the use of herbicides containing glyphosate on all
properties owned, leased or under the custodial care of the Village;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA:
Section 1. The recitals and finding contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The Village Council directs the Village Manager to take any and all actions
necessary to ban the use of herbicides containing glyphosate by the Village, including but not
limited to Village employees and contractors, in the performance of landscaping and
maintenance work on all properties owned, leased or under the custodial care of the Village.
Section 3. The Village Council further directs the Village Clerk to transmit a copy of
this Resolution to the Florida Department of Agriculture, Palm Beach County League of Cities,
and all municipalities in Palm Beach County.
Section 4. This Resolution shall become effective immediately upon its adoption.
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Agenda Item #2.
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 OR PROHIBIT REFERENCED PLASTIC PRODUCTS BY 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 and protect all of
the Village's environmental resources and amenities and to make recommendations for best
practices, foster community partnerships and make recommendations on goals, objectives and
policies of the Comprehensive Plan relative to sustaining and improving the environment of the
Village of Tequesta; and
WHEREAS, on August 14, 2019, 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
WHEREAS, 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
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
WHEREAS, the Village is working to become an environmental leader among local governments
in the State of Florida, with a goal of the Village EAC being to replace expanded polystyrene,
single -use carry out plastic bags and other single use plastic materials with reusable, recyclable,
or compostable alternatives whenever possible; and
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Agenda Item #2.
WHEREAS, any local prohibition or regulation 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 compostable
alternatives; and
WHEREAS, the Environmental Advisory Committee finds that the prohibitions or regulations
referenced hereinabove are necessary for the preservation of our environment and the public
health, safety and welfare of Village residents, visitors and future generations; and
WHEREAS, in order to effectuate the environmental initiatives referenced herein it is necessary
for the Village of Tequesta Village Council to send a clear message to the Governor and
Legislature of the State of Florida that the laws impeding local home rule relative to prohibition
or regulation 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 to effect this necessary change.
NOW, THEREFORE, BE IT RESOLVED BY THE ENVIRONMENTAL ADVISORY
COMMITTEE OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA AS FOLLOWS:
Section 1. The foregoing recitals are hereby ratified and confirmed.
Section 2. The Village Council of the Village of Tequesta is urged to write to the Governor and
the elected members of the Palm Beach County Legislative Delegation requesting 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, single use
carryout plastic bags and other single use plastic materials.
Section 3. The Village Council is requested to consider providing a copy of the letter referenced
in Section 2 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 Gardens , 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.
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Thomas G. Bradford, Chair
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Agenda Item #2.
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