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HomeMy WebLinkAboutDocumentation_Regular_Tab 14_2/9/2023Agenda Item #14. Regular Council STAFF MEMO Meeting: Regular Council - Feb 09 2023 Staff Contact: Jeremy Allen, Village Manager Department: Manager RESOLUTION NO. 05-23, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA REQUESTING LEGISLATIVE EXEMPTION FROM THE PREEMPTION LAWS GOVERNING THE REGULATION OF PESTICIDES WITHIN THE VILLAGE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES 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. PROJECT NAME: N/A BUDGET: N/A ENCUMBERED: N/A Proposed: Projected Remaining: N/A N/A Resolution No. 05-23 - Supporting Pesticide Law Revision E Page 161 of 1094 Agenda Item #14. RESOLUTION NO. 05-23 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA REQUESTING LEGISLATIVE EXEMPTION FROM THE PREEMPTION LAWS GOVERNING THE REGULATION OF PESTICIDES WITHIN THE VILLAGE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES 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 $972 million dedicated to Everglades and water quality protection; and WHEREAS, this funding allows the Florida Department of Environmental Protection (FDEP) and other partners 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 which have harmful environmental and economic impacts on surrounding communities; and improve community resilience through technical assistance and funding to address flooding, erosion and ecosystem changes; and WHEREAS, currently, Florida law preempts the Village of Tequesta (Village) from regulating the application of pesticides within the Village; and WHEREAS, the Village's municipal boundaries include three peninsulas entirely surrounded by water creating a unique and very fragile marine and estuarine ecosystem particularly susceptible to the effects of these harmful synthetic pesticides; and WHEREAS, the over -application of synthetic chemicals, including pesticides, herbicides and fungicides, on residential and commercial properties within the Village creates the potential for these chemicals to percolate into the groundwater and runoff impervious areas during storm events, creating a hazard for Village residents and the natural environment including the Loxahatchee River; Indian River Lagoon, Jupiter Aquatic Preserve and Atlantic Ocean; 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 as evidenced by its mandatory signage program warning residents to keep children and pets off properties recently treated with these chemicals; and WHEREAS, the Governor of State of Florida has repeatedly recognized that "One size doesn't fit all" on numerous important issues affecting the state, and consistent with this understanding and the Governor's commitment to water quality, the Village respectfully requests a legislative exemption from preemption laws governing the applications of pesticides within the Village. Page 162 of 1094 Agenda Item #14. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA: SECTION 1. The above recitals are declared to be true and correct and are incorporated herein by reference. SECTION 2. The Village Manager is directed to provide a copy of this resolution to the Governor of the State of Florida, the elected officials of the Town of Palm Beach, Village of North Palm Beach, City of Palm Beach Gardens, Town of Juno Beach, Town of Jupiter, Town of Jupiter Inlet Colony, and all members of the Palm Beach County Legislative Delegation. SECTION 3. This resolution shall take effective immediately upon its adoption. Page 163 of 1094