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Ord No 32-19-2345ORDINANCE NO: 32-19-2345 An Ordinance amending Chapter 2, Article V, Sections 2-354-2-380. - Reserved of the City of South Miami Code of Ordinances to create a separate Section 2-354 that establishes standards for use of chemical pesticides and herbicides for the maintenance of City property and to reserved Sections 2-355 through 2-380. WHEREAS, the City of South Miami is committed to environmental conscientiousness and leadership; and WHEREAS, the City finds that it is in the public interest, safety and welfare to reduce contamination of City lands and waters from potentially harmful pesticides and herbicides; and WHEREAS, commonly used synthetic chemical pesticides and herbicides, such as permethrin and glyphosate damage terrestrial and aquatic ecosystems and have been shown to be potentially carcinogenic; and WHEREAS, the City Commission finds that there are reasonable and environmentally friendly alternatives to the use of potentially carcinogenic and environmentally harmful synthetic chemical pesticides and herbicides; and WHEREAS, the Parks Department has adopted a relatively highly labor intensive strategy of manual weed removal as a first line of treatment, the application of vinegar or vinegar and hot water as secondary line of treatment and the use of approved `Certified Organic or EPA Minimum Risk' pesticides and herbicides as an option of "last resort"; and WHEREAS, the City Procurement Division has secured contracts with landscapers that require the use of non -chemical methods of weed removal (manual weed removal) and pest control and require the use of approved `Certified Organic or EPA Minimum Risk' pesticides and herbicides as an option of "last resort"; and WHEREAS, the City seeks to further preserve and enhance the local environment by establishing standards for the use of non -chemical methods of weed removal and pest control and to require the use of approved `Certified Organic or EPA Minimum Risk' pesticides and herbicides as an option of "last resort"; and WHEREAS, the City Commission wishes to amend the City's Code of Ordinances to enact environmental health and safety practices for the maintenance of City property and facilities; and WHEREAS, the City Commission finds that this Ordinance has an important effect on the preservation and improvement of the environment, public health, safety, and welfare of the City's residents. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Page 1 of 3 Ordinance No. 128-19-15400 Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if fully set forth herein and as the legislative intent of this Ordinance. Section 2. Chapter 2, Article V, Sections 2-354-2-380. — Reserved of the City of South Miami Code of Ordinances are hereby amended to read "Sections 2-355-2-380. — Reserved" and to add Section 2-354 to Article V. Section 2-354, that establishes standards for use of chemical pesticides and herbicides for the maintenance of City property, shall read as follows. Sec. 2-354.1 Definitions: Chemical Edging: The use of pesticides to control weeds occurring within V2 foot of a tree, structure, or sidewalk. Certified Organic or EPA Minimum Risk. Certified Organic or EPA Minimum risk products include those which appear in CFR 205.601 as amended or CFR 205.602 as amended or 40 CFR 152.25(f) as amended. This list may be subject to change based upon changes to the USDA's allowed substances list or EPA's minimum risk product list. City Property means, for the purposes of this Section, any property that is owned, operated, managed or controlled by the City. City Facility means anything that is built, installed, or established to serve a public purpose on City_property, or right-of-way. Sec. 2-354.2 Landscape Maintenance: (a) City staff and contractors shall rely primarily on mechanical removal and integrated ted pest management strategies that do not rely upon the use of synthetic chemical herbicides or pesticides as a first resort for the control of nuisance vegetation or animals. (b) City staff and contractors shall not use any herbicides or pesticides that do not gppear on the approved list of Certified Organic or EPA Minimum Risk Products. (c) City Contractors shall not adopt or implement any program that puts any herbicides or pesticides not on the current EPA approved list of Certified Organic or EPA Minimum Risk Products into use on a regularly recurring schedule without first consulting and receiving approval from the Cily Manager or the Manager's desi nee. (d) City staff and contractors shall not use any chemical edging (e) the use of string trimmers shall not be used in sufficient proximity to the trunks of trees to cause anv scarring of the tree. Section 3. Severability. If any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect. Page 2 of 3 Ordinance No. 32-19-2345 Section 4. Codification This ordinance shall become and be made a part of the City's Code of Ordinances, and the sections. Subsections and paragraphs of this Ordinance may be renumbered or re -lettered, and the word "ordinance" may be changed to "section," "article," "regulation," or such other appropriate word or phrase in order to accomplish such intentions. Section 5. Ordinances in Conflicts. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict. Section 6. Effective Date. This Ordinance shall become effective immediately upon enactment. PASSED AND ENACTED this I" day of October, 2019. ATTEST: APPROVED: CITY LE MA R 151 Reading: 9/17/19 2"d Reading: 10/1/19 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Harris: Yea Commissioner Gil: Yea Commissioner Liebman: Yea Commissioner Welsh: Yea Page 3 of 3 Agenda item No:6. City Commission Agenda item Report Meeting Date: October 1, 2019 Submitted by: Zechariah Cosner Submitting Department: City Manager Item Type: Ordinance Agenda Section: Subject: An Ordinance amending Chapter 2, Article V, Sections 2-354-2-380. — Reserved of the City of South Miami Code of Ordinances to create a separate Section 2-354 that establishes standards for use of chemical pesticides and herbicides for the maintenance of City property and to reserved Sections 2-355 through 2-380. 315 (Mayor Stoddard) Suggested Action: Passage of Ordinance. Attachments: Memo -Pesticides Ordinance 10-1.docx Ord_re_Herbicidepesticide—Se con d_Reading_10-1_CArev.docx Attachment A -Acceptable Certified Organic or EPA Minimum Risk Herbicides-Pesticides.docx MDBR Ad - 10.01.19.pdf South Miami THE OP' OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission FROM: Steven Alexander, City Manager DATE: October 1st, 2019 S UBJECT: An Ordinance Amending Chapter 2, Article V, Sections 2-354-2-380. —Reserved of the City of South Miami Code of Ordinances to create a separate Section 2-354 that establishes standards for the use of chemical pesticides and herbicides for the maintenance of City property and to Reserved Sections 2-355 through 2-380. BACKGROUND: Florida ranks as one of the biggest consumers of chemical pesticides in the country. Many of the most commonly used chemical, pesticides and herbicides may result in significant negative impacts on those administering the chemicals, people exposed to the treated areas, and the natural environment. In recognition of the harm which pesticides may cause, some counties and municipalities throughout the state have experimented with various restrictions on the use of herbicides, pesticides and fertilizers in order to reduce their burden on the environment and public health. In 2017, the City of South Miami's Procurement Division drafted a Request for Proposals for a landscaping contract which included a provision that respondents may only utilize' certified organic or EPA minimum risk' products in their maintenance of park and public right of way, in addition to several other measures intended to reduce the use of pesticides. Thus -far this initiative has been a qualified success, allowing the City to cut down on its waste -footprint significantly at relatively little expense, and providing a model for other local government to use as guidance. While not as efficient as other methods, this system of using reduced harm treatments has proven somewhat effective in its use. This ordinance would codify these environmentally sensitive landscaping practices into policy, ensuring that the City continues to maintain these practices. The ordinance passed first reading with a unanimous vote of the commission on 9/17/2019, with an amendment to include the word "synthetic" as a modifier to the phrase "chemical pesticides "on line 23 of the ordinance. The same change was also made on lines 14 and 19 of the introductory section to maintain consistency. A'17ACHMENTS: , Ordinance 2 Attachment A- Acceptable `Certified Organic' or `EPA Minimum Risk' Pesticides/Herbicides Attachment A: Acceptable `Certified Organic' or `EPA Minimum Risk' Pesticides/Herbicides Active Ingredient Product Name Category Regulatory Status Bacillus subtilis GB03 Companion Liquid Biological Fungicide Fungicide Organic Bacillus subtilis QST 713 strain Rhapsody Fungicide Organic Bacillus subtilis QST 713 strain Serenade Garden Disease Control RTU Fungicide Organic Bacillus subtilis QST 713 strain Natria Disease Control RTU Fungicide Organic Essential Oil (Cinnamon/Clove) Blizzard Organic Fungicide Fungicide 25b Essential Oil (Clove/Cinnamon) Bravado Organic Fungicide Fungicide Organic Gliocladium catenulatum Strain J 1446 Prestop Biofungicide Powder Fungicide Organic Oil (Cottonseed, Corn, Garlic) Mildew Cure Fungicide Organic Potassium Bicarbonate Greencure Fungicide Fungicide 25b Potassium Bicarbonate Kaligreen Fungicide Organic Potassium Bicarbonate Carb-O-Nator Fungicide Organic Pythium oligandrum DV 74 Polyversum Fungicide Organic Streptomyces lydicus Actinovate Lawn and Garden Fungicide Fungicide Organic Trichoderma harzianum Rifai strain T-022 Rootshield Seed Treatment Fungicide Organic Trichoderma harzianum Rifai strain T-22 and Trichoderma virensstrain G41 TurfShield PLUS WP Biological Fungicide Fungicide Organic Trichoderma spp. Tenet WP Fungicide Organic Acetic Acid SummerSet AIIDown Fungicide Organic Acetic Acid Vinagreen Natural Non Selective Fungicide Organic Acetic Acid, Citric Acid Blackjack 21 Fungicide 25b Ammoniated Soap of Fatty Acids Final-.San-O Fungicide Organic Ammonium Nonanoate Mirimichi Green Pro Concentrate Fungicide Organic Ammonium Nonanoate Emerion 7020 Concentrate Fungicide Organic Ammonium Nonanoate Mirimichi Green Effective Earth Fungicide Organic Ammonium Nonanoate BioSafe Weed Control Fungicide Organic Ammonium Nonanoate AXXE Fungicide Organic Caprylic Acid, Capric Acid Suppress Herbicide EC Fungicide Organic Citric acid, Essential Oil (Clove), Malic Phydura Fungicide 25b Corn Gluten Concern Weed Prevention Plus Fungicide 25b D-limonene Avenger Weed Killer Fungicide Organic Essential Oil (Clove/Cinnamon) JH Biotech Weed Zap Fungicide Organic Essential Oil (Clove/Cinnamon) Safer Grow Weed Zap Fungicide Organic Eugenol, Essential Oil (Clove) Halo Fungicide 25b Oil (Soybean) EcoBlend Weed and Grass Burndown Fungicide Organic Oil (Soybean) Preem Fungicide 25b Potassium Salt of Fatty Acids Safer Brand Weed and Grass Killer Fungicide Organic Potassium Salt of Fatty Acids Safer Brand Fast -Acting Weed and Fungicide Organic Sodium Chloride A.D.I.O.S Fungicide Organic Sodium Lauryl Sulfate, 2-Phenethyl EcoSmart Weed and Grass Killer Fungicide 25b Ammoniated Soap of Fatty Acids Quik-Fire Mossicide/Algaeci Organic de D-limonene Monterey Moss Stopper Mossicide/Algaeci Organic de D-limonene Moss Melt Concentrate Mossicide/Algaeci Organic de Oil (Cottonseed, Garlic), Essential Oil No Moss Mossicide/Algaeci Organic de Potassium Salt of Fatty Acids Safer Brand Moss and Algae Killer Mossicide/Algaeci Organic and de Gibberelic Acid GibGro 4LS Plant Growth Organic Regulator Gibberelic Acid N-Large Plant Growth Regulator Plant Growth Organic Regulator Coyote/Fox Urine Shake -Away Coyote/Fox Urine Animal Organic Granules Repellant Dried Red Pepper and Dried Blood Uncle lans Dog and Cat Repellent Animal Organic Repellant Dried Red Pepper and Dried Blood Uncle lans Mole and Gopher Animal Organic Deer Rabbit and Squirrel Repellant Repellent Piperine/Oil of Black Pepper/Capsaicin Havahart Critter Ridder Animal Organic Repellant Porcine/Bovine Dried Blood Plantskydd Granular Repellent Animal Organic for Rabbits and Small Critters Repellant Porcine/Bovine Dried Blood Plantskydd Granular Repellent Animal Organic for Deer, Rabbits, and Elk Repellant Putrescent Whole Egg Solids/Capsacin/Garlic Deer Off Deer and Rabbit Animal Organic Repellent Repellant Azadirachtin Neemix 4.5 Animal Organic Repellant Azadirachtin Actin O Animal Organic Repellant Bacillus thuringiensis Safer Brand Garden Dust and Animal Organic Caterpillar Killer Repellant 7 Bacillus thuringiensis DiPel® PRO DF Biological Animal Organic Insecticide Dry Flowable Repellant Bacillus thuringiensis Thuricide BT Caterpillar Control Animal Organic Repellant Bacillus thuringiensis Summit Biological Caterpillar and Animal Organic Webworm Control Repellant Chromobacterium subtsugae Grandevo Animal Organic Repellant Citric Acid Flying Skull Nuke 'Em Insecticide Animal Organic Repellant Diatomaceous Earth Perma-guard Animal Organic Repellant Diatomaceous Earth Safer Brand Ant and Crawling Animal Organic Insect Killer Repellant Diatomaceous Earth Desect Diatomaceous Earth Animal Organic Insecticide Repellant D-limonene Orange Guard Fire Ant Control Animal Organic Repellant D-limonene Orange Guard Ornamental Plants Animal Organic Inseticide Repellant Essential Oil (Blend) Dr. Earth Yard and Garden Insect Animal Organic Killer Repellant Essential Oil (Blend) Mantis Botanical Animal Organic Insecticide/Miticide Repellant Essential Oil (Cedar) CedarGuard Animal Organic Repellant Essential Oil (Cedar) CedarCure Animal 25b Repellant Essential Oil (Cedar), Oil (Soybean) EcoShield Botanical Insecticide Animal Organic Repellant Essential Oil (Clove/Cinnamon) Aramite Organic Acaricide - Animal Organic Insecticide Repellant Essential Oil (Rosemary/Peppermint) Ecotec Animal Organic Repellant Essential Oil (Thyme) HumaGrow Proud3 Animal Organic Repellant Iron Phosphate Garden Safe Slug and Snail Bait Animal Organic Repellant Iron Phosphate Miracle-Gro® Nature's Care Slug Animal Organic & Snail Control Repellant Iron Phosphate Whitney Farms Slug and Snail Animal Organic Killer Repellant Iron Phosphate/Spinosad Brandt Antixx Plus Ant and Animal Organic Crawling Insect Killer Repellant Iron Phosphate/Spinosad Sluggo Insect, Slug, and Nail Animal Organic Pellets Repellant Milky Spore St Gabriel Organic Milky Spore Animal Organic Granular Repellant Neem Oil Safer Brand Garden Defense Animal Organic Repellant Nematodes: Steinernema tarpocapsae Ecomask Topdressing Animal 25b Repellant Nematodes: Steinernema carpocapsae and Grub Guard Animal Organic Heterorhabditis bacteriophora Repellant Nematodes: Steinernema feltiae Scanmask Topdressing Animal 25b Repellant Nematodes: Steinernema glaseri Environmental Factor Inc Animal 25b Repellant Oil (Cottonseed) Safer Gro PestOut Animal Organic Repellant Oil (Cottonseed) AntOut Animal Organic Repellant Potassium Salt of Fatty Acids Safer Insect Killing Soap Animal Organic Repellant Potassium Salt of Fatty Acids Safer Brand Grub Killer Animal Organic Repellant 0 Potassium Salt of Fatty Acids/Neem Safer Brand End ALL Insect Killer Animal Organic Oil/Natural Pyrethrin (without PBO) Repellant Spinosad Green Light Garden Spray Animal Organic Repellant Spinosad Seduce Insect Bait Animal Organic Repellant Spinosad Conserve Naturalyte Insect Animal Organic Control Repellant Spinosad Monterey Garden Insect Spray Animal Organic Repellant Paecilomyces lilacinus Bio-Nematon Animal Organic Repellant Quillaja saponaria saponins Brandt Nema-Q Animal Organic Repellant Quillaja saponaria saponins Montery Nematode Control Animal Organic Repellant Garlic Extract Biolink Insect and Bird Repellent Animal Organic Repellant Garlic Extract Garlic Barrier AG Insect Animal Organic Repellent Repellant Azadirachtin AzaSol Insecticide/ Organic Miticide/ Fungicide Azadirachtin SoluNeem Insecticide Organic /Miticide/ Fungicide Azadirachtin Azatrol Insecticide/ Organic Miticide/ Insect Growth Regulator Azadirachtin Molt-X Insecticide/ Organic Nematicide Azadirachtin Safer Brand BioNeed Insecticide/ Organic Repellant/Insect Growth Regulator Azadirachtin Amazin 1.2 ME Insecticide/ Organic Repellant/Insect Growth Regulator/ Nematicide Bacillus amyloliquefaciens strain D747 Monterey Complete Disease Fungicide/ Organic Control Brand RTU Batericide Bacillus amyloliquefaciens strain D747 DoubleNickel LC Biofungicide Fungicide/ Organic Batericide 10 Essential Oil (Clove), Oil (Cottonseed, Pest Out Insecticide/ Organic Garlic) Miticide Essential Oil (Thyme) HumaGrow Promax Nematicide/ Organic Fungicide Essential Oils (Various) EcoSmart Brands Insecticide/ 25b Herbicide/ Fungicide Fats and Oil, Azadirachtin Debug Tres Emulsifiable Insecticide/ Organic Concentrate Antifeedant, Insect Miticide/ Repellent, Insecticide, Miticide, Nematicide/ Fungicide & Nematicide Fungicide Horticultural Oil (may be listed as mineral oil Civitas Turf Defense Pre -Mixed Fungicide/ Organic on label) Insecticide/ Disease Suppression Horticultural Oil (may be listed as mineral oil Civitas Turf Defense Ready-2-Mix Fungicide/ Organic on label) Insecticide/ Disease Suppression Neem Oil 70% Neem Oil Insecticide/ Organic Fungicide Neem Oil Bayer Natria Neem Oil Insecticide/ Organic Fungicide Neem Oil Triact 70 Insecticide/ Organic Miticidel Fungicide Neem Oil Trilogy Insecticide/ Organic Miticide/ Fungicide Neem Oil Monterey Neem Oil RTU Insecticide/ Organic Miticide/ Fungicide Neem Oil Triple Action Neem Oil Insecticide/ Organic Miticide/ Fungicide Neem Oil TerraNeem EC Insecticide/ Organic Miticide/ Nematicide/Fungi cide Neem Oil/and Natural Pyrethrin (without Monterey Rose & Flower Spray Insecticide/ Organic PBO) Plus Broad Spectrum Insecticide, Miticide/ Fungicide, and Miticide Fungicide Oil (Sesame) Organicide 3 in One Insecticide/ Organic Fungicide/ Miticide Potassium Salt of Fatty Acids MPEDE Insecticide/ Organic Fungicide Potassium Silicate Sil-Matrix Insecticide/ Organic Fungicide Sulfur Sulfur DF Fungicide/ Organic Miticide Sulfur Kumulus DF Fungicide/ Organic Miticide 11 MIAMI DAILY BUSINESS REVIEW Published Daily except Salurday. Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says final he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review t/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County. Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of NOTICE OF PUBLIC HEARINGS - CITY OF SOUTH MIAMI - OCT . 1, 2019 in the XXXX Court, was published in mid newspaper in the issues of 0912012019 Affient further says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami -Dade County. Florida and that the mid newspaper has heretofore been continuously published in said Miami -Dade County, Florida each day (except Saturday. Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for period of one year next preceding me first publication of the attached copy of advertisement, and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said GUILLERMO GARCIA personally known to me ...., BARBARATHOMAS `_ Cem:aission # GG 121171 Expies November 2, 2021 ,,, 6andod Them They Fain lnmlance 80o1BS7019 CITY OF SOUTH MIAMI NOTICE -OF PUBLIC HEARINGS NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, October 1, 2019, beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): A Resolution authorizing the City Manager to amend the multi -year contract for citywide phone service with Wmdstream by adding three new phone lines. A Resolution notifying the three-year Collective Bargaining Agreement from June 22, 2019 to June 21, 2022 between the American Federation of State, County, and Municipal Employees (AFSCME), Local 3294 and the City of South Miami, and authorizing its execution by the City Manager. A Resolution relating to a Variance application to reduce the minimum off-street parking space requirement for a mixed -use project on both the East and West Madison Square properties as legally described herein. An Ordinance amending Chapter 2, Article V,. Sections 2-354-2-380. - Reserved of the City of South Miami Code of Ordinances to create a separate Section 2-354 that establishes standards for use of chemical pesticides and herbicides for the maintenance of City pmg an to reserved Sections 2-355 through 2-380. An Ordinance amending Section 7-32 of the Code of Ordinances to adjust the packs impact fees; defining how those fees are calculated, providing for definitions, exceptions, assessment of development prior to establishment of parks impact fees; providing for exemption for affordable housing developments; providing severability, inclusion in the code, and effective dates. An Ordinance amending the City of South Miami Code of Ordinances, Chapter BA, Section 8A- 4.1. tilled 'Prohibited commission actions' to allovi the Mayor or Mayor's designee to Issue proclamations without the need for approval by written resolution. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at. 305- 663-6340. Nkenga A. Payne, CMC City Clerk Pursuant to Florida Statutes 286.0106, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he onshe will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings Is made which record Includes the testimony and evidence, upon which the appeal is to be based. 920 19-72/0000427148M 12