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HomeMy WebLinkAboutDocumentation_Environmental Advisory Committee_Tab 03_3/9/2022Agenda Item #3. Environmental Advisory Committee (EAC) STAFF MEMO Meeting: Environmental Advisory Committee (EAC) - Mar 09 2022 Staff Contact: Thomas Bradford, EAC Chair Department: Environmental Advisory Committee Palm Beach Push for Right to Regulate Pesticide Use and Seeks Municipal Support SUMMARY: This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443. BUDGETED AMOUNT: n/a AVAILABLE AMOUNT: n/a EXPENDITURE AMOUNT: n/a Additional Budgetary Information: Funding Source(s): n/a n/a Palm Beach Push for Right to Regulate Pesticide Use Memo 030922 (Merged) copy Page 13 of 35 Agenda Item #3. Village of Tequesta Environmental Advisory Committee Memo To: Environmental Advisory Committee Members From: Thomas G. Bradford, Chair, EAC I-R cc: NA Date: March 2, 2022 Re: Palm Beach Push for Right to Regulate Pesticide Use I saw the attached article in the Palm Beach Post and immediately thought my colleagues on the EAC might want take up this charge in the north part of the county. In the event you do, I secured a copy of the resolution the Palm Beach Town Council adopted as referenced in the article that we may use as a template. Page 14 of 35 Ag&JTdWWft i2>_i2022 Page : B03 Palm Beach pushes for right to regulate pesticide use Protecting environment, safety cited in resolution Carol Rose Palm Beach Daily News USA TODAY NETWORK Citing the harm to human and envi- ronmental health from the over -appli- cation of toxic pesticides, herbicides and fungicides on the island, the Town Council has approved a resolution to push for the right to regulate the use of these chemicals. The resolution, which passed Feb. 8, says that consistent with Gov. Ron De - Santis' commitment to water quality, environmental protection, and public safety, "the Town of Palm Beach re- spectfully requests it be exempted from preemptive laws controlling the appli- cations of pesticides in order that the town might effectively manage the un- necessary over exposure of these chem- icals to its population, wildlife and wa- terways." The resolution was crafted by Council Presi- dent Pro Tem Bobbie ' Lindsay and environ- mental attorney Lisa In- terlandi, who is executive director of the Everglades Lindsay Law Center. The resolution said state preemption "has caused unin- tended consequences to non-agricul- tural, small, barrier island towns such as Palm Beach and has resulted in un- necessary exposure to harmful, syn- thetic pesticides that migrate onto its public walkways and into its water- ways.' "There is no agriculture on the island. Why did the state pass a preemptive law that says small towns can't manage their own application of chemicals?" Lindsay told the Daily News. "It's not relevant to us.' Lindsay, who has been at the fore- front of the town's Green Initiative, said 41 residents wrote to her in support of the resolution. "I think that's the most I've received in a long time and they were thoughtful," she told the meeting. Lindsay told the Daily News she wanted the resolution "because I have Ficus hedges are a classic feature of Palm Beach, but Town Council President Pro Tern Bobbie Lindsay says the plant's susceptibility to whitefly infestation has resulted in an increase in the use of chemicals to keep the pest in check. She is pushing for the town's right to restrict the use of chemicals. MEGHAN MCCARTHY/PALM BEACH POST noticed over the past decade that since whitefly became prevalent ... particular- ly on ficus, the use of chemicals on our little barrier island has skyrocketed. And because we are an island, when you apply chemicals to your tree, hedge or grass, it ends up in the waterway." Pointing out that people are some- times inadvertently sprayed with pesti- cide — walking on the sidewalk, on the Lake Trail or in their back yard — Lind- say she was sprayed while walking on the Lake Trail by someone on the other side of a hedge. She added that she stopped using pesticides eight or nine years ago. "It takes work but it's not a lot of work," Lindsay said, adding that the keys to her success were removing exot- ic vegetation such as Ficus benjamina, that require synthetic chemicals to stay green, and adding more native vegeta- tion, that require no chemicals and little fertilizer to thrive, and whose fruits and flowers support pollinators, birds and wildlife. Interlandi, who attended the council meeting to explain the resolution, said oftentimes people and pets get exposed to chemicals before they end up in the water. No one wants to be exposed to toxic chemicals and that is why so many people are supporting this, she said. The preemption of pesticide regula- tion is one of many the state had en- acted, Interlandi said, citing preemp- tions for local action on guns, sober homes, vacation rentals and plastic bags. "I'm not sure if it's going to have a major effect on the Legislature ... but I think it sends a message that the town really cares about the issue of pesticides and that preemption is inappropriate," she said. Council member Lew Crampton said it was important for the town to find other communities with which it could collaborate in pushing to lift the pre- emption on pesticide application. Interlandi agreed with his point about reaching out to other municipal- ities and added that she thought Palm Beach would be in a leadership role, but "we're not going to get there overnight. ... Passing resolutions is OK but it doesn't get the job done." The resolution noted that DeSantis' budget for 2022-23 allocates more than $2.2 billion for key environmental prior- ities, including $972 million to Ever- glades and water quality protection. The funding, the resolution said, would expedite Everglades restoration "and implement clean water projects to re- duce nutrients in our waterways, as well as assist communities with water sup- ply projects and combat blue-green al- gae and red tide that have harmful envi- ronmental and economic impacts on our communities." The most important powers a Florida city has are its home rule powers, the resolution said, noting that the Legisla- ture "has continued to unnecessarily erode municipalities' ability to enact Home Rule, to the detriment of local res- idential communities' ability to protect the health, safety and welfare of its resi- dents, visitors, pets and wildlife.' Lindsay said home rule exists be- cause local leaders know what is best for their small towns and municipal- ities. This is not the town's first attempt to buck state preemption. In June 2019, the town banned the use of plastic bags and polystyrene containers but had to re- scind the ban that August after an ap- pellate court upheld the Legislature's preemption against such bans at the lo- cal level. In April 2021, the council voted unan- imously to adopt a resolution urging members of the Legislature to oppose "unwarranted or overly broad preemp- tions" of municipal home rule powers over concerns about bills that would al- low the governor or Legislature to invali- date a city's emergency orders if they believe them to be too restrictive. In an executive order issued May 3, DeSantis invalidated local COVID49 emergency orders, which the town had used earlier in the pandemic to close beaches, institute a local mask mandate and enact a curfew. So, what happens next? Acknowledging that it may take a while to get action taken on the resolu- tion, Lindsay said the town "has to fig- ure out which of our representatives we contact to carry this for us.... We might reach out to other small towns that feel the same way. "The League of Cities has been trying to help stem the erosion of home rule. We are hoping that if a bunch of cities unite and went to Tallahassee, then maybe we can get movement.' Lindsay added: "Protecting residents is in the realm of local governments.' February 25, 2022 4:40 am (GMT -5:00) PDWPageECNAVIA 15 of 35 ered Agenda Item #3. RESOLUTION NO. 028-2022 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, REQUESTING EXEMPTION FROM PREEMPTIVE LAWS CONTROLLING THE APPLICATIONS OF PESTICIDES WHEREAS the Governor's Freedom First budget for 2022-23 continues his commitment to water quality by allocating more than $2.2 billion for key environmental priorities, including dedicating $972 million to Everglades and water quality protection, and WHEREAS with this historic funding, DEP and partners wilt be able to continue work to expedite Everglades restoration through sound science and project collaboration; implement clean water projects to reduce nutrients in our waterways; assist communities with water supply projects to meet Florida's future water needs; combat blue-green algae and red tide that have harmful environmental and economic impacts on our communities; and make our communities more resilient through technical assistance and funding to address flooding, erosion and ecosystem changes, and WHEREAS the over -application of toxic pesticides, herbicides and fungicides on residential and commercial properties within the Town of Palm Beach has become a hazard that undermines human and environmental health, and WHEREAS the state preemption of pesticide regulation has caused unintended consequences to non-agricultural, small, barrier island towns such as Palm Beach and has resulted in unnecessary exposure to harmful, synthetic pesticides that migrate onto its public walkways and into its waterways, and WHEREAS toxic pesticides sprayed onto trees and vegetation drip, flow and pool on the Town's public trails, walkways, and sidewalks, frequented by its residents, visitors, and their pets, inadvertently exposing them to these chemicals, and WHEREAS applications of these toxic pesticides on trees and vegetation by spraying, granular dosing, drenching and injecting at the roots of vegetation end up in the Town's storm water runoff flowing into the Lake Worth Lagoon and Atlantic Ocean, causing a deleterious effect on marine life and plants, and WHEREAS exposure to pesticides is acknowledged by the State of Florida to be harmful to humans, pets and other wildlife, including birds, beneficial pollinators, and aquatic life, through its mandatory signage program, warning residents to keep children and pets off properties recently treated with these chemicals, and WHEREAS the Town of Palm Beach should be exempted from preemptive laws meant to protect specific Florida industries, such as commercial agriculture, when no such industry is present now, or will ever be present, on the residential island of Palm Beach, and Res. No. 028-2022 Page 1 of 2 Page 16 of 35 Agenda Item #3. WHEREAS the most important powers a city in Florida has are its Home Rule powers and the Florida legislature has continued to unnecessarily erode municipalities' ability to enact home rule to the detriment of local residential communities' ability to protect the health, safety and welfare of its residents, visitors, pets, and wildlife, and WHEREAS the Governor of Florida has repeatedly recognized that "One size doesn't fit all" on numerous important issues affecting the people of Florida, and NOW THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, consistent with the Governor's commitment to water quality, environmental protection, and public safety, the Town of Palm Beach respectfully requests it be exempted from preemptive laws controlling the applications of pesticides in order that the Town might effectively manage the unnecessary over exposure of these chemicals to its population, wildlife and waterways. PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach assembled this 8t" day of February, 2022. Danielle H. Moore, Mayor ATTEST: Pat Gayle -Gordon, Acting Town Clerk Res. No. 028-2022 Page 2 of 2 Page 17 of 35