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08/19/1992 . ' " " , ,I , , ~";- .\ " {o.:,." " ',', ~ .. ~ ~ , .' l' :~... .' ... Jl, ' c ~ . t . ':l)~. , ;j:;:~~ . -'. f I '. ....i ( '., " ' , ' ..l:' :'~ ';i " ~'. . <.'_c ,': ,to '., " " :1 ,. " I.i.... , ' \" ,I , ' , ' " /, , , \' ,. (, . .... .' " " , i ;... :L \.', .". );"; l. ...:: ~;;~ +~(.~ I~~~~...~: ~',~,,~~of~ ,. , , I, J' " . ",-i.1 .... ",' ';" . ~.,:' ",.' "", ':::5~<!.' '/rJf:JP.."~, '~';"'/l a~h-drJ;'" ",.' "" ; /,: 1"7,[:, ;J:":If)fif~-',.t.;;~t?/!Ar'1 ,,',AV9,~~'~,~', 'I" ,': :,'" i . . I I ': .,. ' ~ , ' I :,/ .~ .~~~ I :". '4 I " I, ..... 'I"' ....l, ." ,'J, . ,r.. .'.' , ".' " ';:, . ~:" : c : . .;L '. . ," :."1 "', ~ " ' ) . I. '. : ~ . ", t ,,' J . '<:. ~ . . ; II ,,':.. , '.' ,. . c ~r '>~;'; ,,<; .::: <(d . : ~ '< , t, ," 'f' ~ . , , " .., "~ , , EAlf ':I" )~ ,..) .~) : . .. ~ ,'J. ENVIRONMENTAL ADVISORY, BOARD " ' , , . , ..'c' ,1,' ~t DATE Ii ~. , I )LcM7UL tJ 3L/lJ , ' " , , " " , , , ,,,,,,.,144'. ,._~ ,-.~- . ,;'l~'!lr , 'I" f,",} , ,ZI " '. . ~ "j." 'I ..', . , ......! t " 'i.... . "1"f::./ftr~~'!.. ;.;~\... .........: ;.. 'J'I" ...., . . t;: J\~{~t~,.r ;\:'"'-:,,;\:',';' :;" :,'" 'C;~"" \! '..'" . :c;; '~<~/.f '~"." ~ f, . I ; , L,. ,~ C; . \ ' , ,l i, i" ' ;..;, > '.- " :l~lf'~ . '~1~':~ ..: l ~t.;: ' ,i 1. c' ..... +' '. j. " , . " i:'t,~ '~:' . \ .... ,~. . ' I,? J, WI:;,';/ i'::., '" \';?:';::it~';~ ,i',: ' ~. 'c ,,' 0, ' . , " ~ ,. < " ; , . " . ~. .;.. . . I ~ . '. '.,f AGENDA , . CITY OF CLEARWATER, ENVIRONMENTAL ADVISORY COMMITTEE \~ August 'N., 1992 - 4: OOPM City Hall Annex DRC Conference Room B I. ' Routine Agenda , , A. Minutes Approval B. Confirm Agenda' II~ Old Business. . . . . H. 'Hunt (lO'Min) I, .' ( .." " ,', A." 'Discussion of Commission letter CRE: EAC Actions) Discuss and approve amended By-Laws. Assessment/Action recommendations relative to Comprehensive Watershed Management Plan 'for Clearwater .H. Hunt , ( 6 0 Min) Response to'EAC June 12, 1992 ' . '. , B. C~ III. New Business '. . ' . ,. ., . Committee (4'5 Min) A. Brainstorming Session '(See Attachment, "D") .. IV." Public Works Agenda. . T. Miller (10 Min) A. Follow-up Discussion and Questions/Answers to July 8" 1992 handouts. ADJOURN @ ,6:00 P.M. t ' , "/' .:~ ~ ;'.' " \:;~.I,. .~ '~ " ' ,; T L. ;,.... . t t' .' " " " " " 'J:\.T.>..~ T,.:' " ~ . ~ C " " " ',l' " k;,~'~ ~t:" 1,: ; If'-'fttll'' Minutes ENVIRONMENTAL ADVISORY COMMITTEE July 8, 1992 , Members Present: Chairman Mr. Hunt, Ms. Donovan, Messrs. DeBlnker. Foley, Jonson, Perry, Reuter. Member Excused: Ms. Watson IInd Ms, Gllrrish and Mr. Davis Also Present: T. H. Miller. Assistant Director, Public Works/Environmental; K. Rice, Deputy City Manager, A. Galbraith, City Allorney; Abdon Pallusch, Tampa Tribune. Ed Mazur: . and Tom Franques of King Engineering, Asso., ana Viola Wusilewski, Recording Secretnry. The meeting was called to order, at 4:05 P,M. by the Chairman, Mr. Hunt. in the Parks & Recreation Conference Room at the City Hall Annex on July 8, 1~92. I. ROUTINE AGENDA A. REVIEW MINUTES FOR APPROVAL " ,Correction to minutes of Juue to to r~:,ad Itupprovc the minutes of May 13, 1992". No further corrections were made. A motion was made by Mr. DeBlaker to approve the minutes of June la, 1992, and seconded by Mr. Perry. The motion carried unanim'ously. B. CONFIRM AGENDA A agenda was presented to the Euvironmental Advisory Committee nt the meeting. II. OLD BUSINESS Mr. Galbraith was thanked for his time and counselin'g. A. FLOHIDA SUNSIIlNE LAW 1>ISCUSSION Mr. Galbraith presented the Environmental Advisory Committee members a printout on itGovcrnmenL'in the Sunshiilc Law", Mr. Galbraith then proceeded to define the terminology used in this handout, as determined by the courts: Emphasis wns made that lit any time two members of u eommiUee get together, it constitutes a meeting, and therefore requires to be open to the public nnd minutes are to be available for public inspection, Minutes may be recorded by EAC members, City Staff presence is not required. SubcommiUees arc subject to the same restrictions. A discussion of official business is to be conducted uta regular meeting only. A 'member can meet with City Staff. ,Commiuee members must be present to vote. If these rules arc not abided by, it constitutes a violation of the law. Mr. Galbraith presented the commiLtee with case examples of situutions where and'when CO,mmiltee members can or cannot meet. If there is personul gain to be obtained from attending a meeting, a member needs to publicly declare a voting connict before voting, A short discussion followed. Mr. Hunt althis time requested to defer comments on th~ EAC Actions memo until later in the meeting, and suggestcd moving into new business, " ~.,' III. NEW BUSINESS A. Comprehensive Watershed Mllnllgemcnt Plllnnlng B. Arctul'llS Pond CllSC Study Mr. Miller presented informational overlay charts on AlIcns and Alligator Crcek Basins, These drawings included Basin Boundaries, Sub Basih Boundaries, Creeks, Ditches, City Limits, Starn} Drainage Systcm, Sheet Flows and Land Use. County enclaves werc also included. In his presentation, Mr, Miller discussed the specific drainage problem areas that the City stuff is aware of. He ulso explained the different studies that the City is currcnlly involved in, A lengthy discussion followed regarding problems that currently exist within the basins. Mr. Miller requested members to point out problem areas that were not identified on the charts. Messrs, Foley, Jonson and DcBlaker informed the commillce of areas where pollution and drainage problems exist. Ms. Finch discussed drainage llnd siltation problems that the rcsidents and the City Staff arc currently dealing with throughout' the City, including Arcturt1s Pond (Aliens Creek). She described the problems and identified the problem areas on the chart. A major problem being the large amounts of silt, caused by erosinn, that is being transported from upstream and deposited in the Arcturas pond area, The source of siltation needs be identified before problems cim be resolved, Ms. Finch also explained the obstacles one encounters in obtaining ,a permit from Department of Environmental Regulations, C. Wutershcd Planning Approllch Ms. Finch stated the Environmental Management's goal is to obtain the Geographical Information System (GIS), to assist personnel in arriving at the source of the various drainage and siltation problems. King Engineering has developed a user friendly format for the GIS. D. GIS As a Dynllmic Plllnning Tool Ms. Finch introduced Mr, Mazur who gave a bricf description of the GIS, and its capabilities. Mr. Mazur introduced ~r. Frauques, of King Engineering, who presented the GIS, explaining how the computer base mapping system would aid the City of Clearwaler personnel in pinpointing locations where problems exist. Mr. Franques demonstrated how an interface has been established by King Engincering that draws data from the GIS, and integrates that data with waLer quality data IlOd stores it in a computer data base. All the special data 'is then slored in tbe GIS format. All the information is obtained from the data base and fed into the applicalion. Output from stormwater runoff models and Lhe hydraulic models provide additional input for the watcr quality inodcts. Mr. Franques also showed how data base can be overlaid to determine the different combination of land use llnd soil. Questions werc presented by committee membcrs during the presentation, Mr. Franques gave illustration of how differcllt sections could be entered iIlto GIS and data can be superimposed on channel network, New alternatives/processes enn be plugged into this system. King Engineering stated that part of the plan would be 10 train staff to progrmn this system, and instruct sLaff all operation of future alternatives. Mr, Mazur Slated that he WllS hoping this system could be implemented in the City of Clearwater und throughout Pinellas Connt)'. IV. Public Wurks Agenda In summary, M r, Miller state'd thaI in the Comprehensive Watershed Management Program, the city would like tu eliminate the sources of existing problems. The beneficial use plan is going to look al the wuter quality problems that exist in the City of Clearwater,which originate on the land and manifest themselves in the streams, and cmpty into the bay. There arc beneficial uses for the watcr wnys and they need to be preserved. 2 il ': ~.:~'......~ :~' "..,.> "~,.' c <,. ,J '::', . " , \. ~h " " , . , ,",; ~. ; " -~ ';,,', Mr. Miller inCormed the commiUee members that they will be presented a copy of the Ambient Surface Water QUl1lity Monitoring Program, which is to begin bc:fore the end of the liseal year, Mr. Mille~ notified committee the Watershed Management Plan, will be suhmiued to EPA for permitting for Phase 11, and implemented in approximately 1995, Mr, Miller gllve several examples of whutthc City is doing in trying to solve some of the water quality problems with limited n:sources. A discussion ensued about the NPDES report and about the violations in the major water bodies within the City of Clearwater. A discussion enslled abolllthe GIS and its compatibility with other systems. Mr. Mazur informed the committee . that there lire two basic kinds of systems, OEQ vision and Arc Info, King Engineering uses ARC Info because ii is very compatible wilh nl1thc other data. You can go Crom ARC Info to GEO Vision. The City is looking into GIS, its in the budget and there is a commiuce looking into this system which will make recommendations, Ms. Rice informed the Advisory Committee that the City of Clellrwatc:r is in dialogue with the County, SWFWMD llnd other cities who share drainage basins, They ure working together to resolve some of the drainnge problems. A discussion evolved about the fioodzone area, arid what oplions are available. ( II. Oh] Business ,\. Review Commlsslrm Response to EAC Al:tions H. Discussion or Cummlsslon's Response to EAC letter. After discussion of the commission's response of July 8, 1992, the following' Bylaw amendments were acknowledged: Hem 11. Meetings, Ollicers and Rules .1ill. to read: The Committee shall meet at such intervals as the board, by majority vote, rnay lind necessary, Not more than one regular meeting per month shall be routinely scheduled. itl adding 2nd sentence. Slanding subcommittees shall not be established. Item 2. Hylaws IV. Duties. ]st Paragraph, last sentence to read...t1The Committee will identify and assess signilicant environmental objectives and review and provide recommendations on 'selected projects including any designaledhy the commission." The EAC will provide copies of the 6-month agenda to the commission. Topics on the long term agenda will h~, addressed, unless commission objection is received, The current long lerm ugenda is attached, , Mr. Hunt thanked Ms. Rice for' her auendancc, Mr. Hunt suggested formally responding to the Commission memo of July 7, 1992, through adoption of the above byluw changes al the August 12th meeting, A brainstorming session was scheduled for the next months meeting. Ms. Donovan suggested that two meeting be scheduled for major projects, one for presentation and one for discussion and resolution. Mr. Hunt agreed. Members requested that the data Stuff has regnrding Dunedin Pass, be made available to the EAC, Mr. Miller offered La go through Ms. Finch's files on 'Dunedin Pass and prepare II puckeL of informalion for the EAC members, Mcmbcrsare welcomed to look at the files available. 3 ,', ", ';im t) :: '\,::IJ,:\Jjt.~;; ,; ~:~~f);~~{:.I.'"I.!.~~~toJi'}\'':t''' ':--."/: f'" I. , ~'1"\':.t".IL .........,... . "~d! .~ t~l. -;.( ", I ~:"~~~"\l;";t.\~ \~~..~,~~ ~ t>f':", - ~. ...~< . ~ ,I , ~.l\ fY'~rt'l :1~,\..~1~ /.- ']'H' "/' . ,i,. ;. ~~.~ ~. ~ ~ ,Ot' l '" ' '~r :. ,', .>-~~ ; .' ~,,' >1 . ..' , ;. t ,,:,:,!),: '., ' . ~ I ~ ' ~ i . , , . \ ..,.1. " .. . I;( , . fft::~:,::~':, .;': :,::" :..i;~..". .' r Y' ,~>:~.~:. L ,,\. ~ .' '..:'. " . ~; i' " ;"}' ,."t ", '" . ~:. ; ': , ' ."j I '" .J , , " , ,,, " """ 1, "r r. '.' j. '> ~ , . I f~~~~1~1f;il(\~:(;\*:i~~{t'i.~~::;(~X:,~'i.;~~{ii.:.i,' ' ::., ; " 'i ': [ ',," " , I " :-< , .. , ~. " , " '. II ~':' " ,.' -- e " , " ", t. ,', I . , Copies of the Facility Spill Contingency Plan for the City of Clearwater Municipal Marina and draft of the Ambient ,Surface Water Monitoring plnn wns distributed to EAC members. Any important comments arc' welcomed from the EAC members.: Mr. ~ilIer aiso prescnted an Environmental Managemcnt Group Acliviti~s Status Report for the month of May: Future reports will be quarterly. ' , '+' . :1 The next, meeting ~as scheduled for August 12, 1992, Ilt 4:00 P.M. Motion was made for adjournment at 6:35 by Mr. 'OeBlaker, Mr. Perry s~conded motion. Respectfully submitted by Viola Wasilewsk~, Staff Assistant II. , . ," I" Attachments: :.... " .~ , ~.. ~ ~ . 'J !~:~.',)( {;;'~. , ',.!' I, t {,}.._ ," .~ .~! . ' " ~! 'f < ;-:r .' ,', .' , , 'I' ". ~ .":: '. '::': ,;' 1 ~, rei' " ,~ . I \, L~',. ;" , , , " ... " ;) j~ ."r" . . ~' it' '. . .. ." " I .';.; .~::J~{ ~ ~: ~:. \"1.. ~' .:,l -t l , p., . . f. \ ~c , OIJERATING _"':O\WS FOR ENVIRONMENTAL ADVlsfi!y COMMITTEE, ADOPTED BY TilE CITY COMMISSION ON .JULY 19, 1990 I. Membership nud Terms: Staff recommend!> that n body of ten (10) citizens who arc permanent residents of Clearwater be appointed by , the Commission. Following an advertisement for interested parties filed by the City Clerk, a pool of interested cilizens will be developed. Each Commissioner will uppoint one (1) reprcsentntivc for a 3-ycur term. The remaining five (5)' members will be appointed by II vote of the rull Commission. Three of the five (5) members selectcd from the pool and affirmed by a vote of the Commission shall serve for II 2~year term. Two (2) remnining members selected from the pool and affirmed by a vote of the Commission slmll serve for a I-year teim, II. Meetings, Ollicers llud Rules: (a) The committee shall meet quarterly and at such other times as the board, by majority vote, may find l1ecessar , N(;,( niar&,' fhamBne\rc'^\mi:dn:chtin":{'~'bFmo'ilmjihalJ.:He.rio.utiifbl":5cl1cd@,em y ..' '.'..', ,'.. W' ,"','. ,..,..", ..w".....' ..Jt. ^..":,..."',~ :.,.....,..g~p, '......, ",,',..,..:,....,w.., ",...:.. "',,, "........."..,'. ",..y"w ,.....,v,',',:.:~..,' .,', (b) The committee shaH select u chairman, vice chairman and such othcr officers as it may find necessary, from ils membership, (c) The committee may adopt such rule of procedure us it finds necessary, which shall not he in conflict with Florida law or ordinances of the City, $JF.fiWpl#!\i,1?P9~,m;:~3~!~~P;::::#.9.t~!9? ,eiititbUsti~(l: ...... .,................~..,.......>.....v (d) Each officer shall serve for II term of one year. The Chairman shall be limited to a one year term of onice and shall not serve consecutive terms of office during appointment to the eommiuee. (Approved by E,A.c' May 15, 1991) , Ill. Removul: The City Commission shall have lhe power 1.0 remove any member of the Clearwater Environmental Advisory Committee for misconducl, uny conflict or neglect of dUly. In addition, the City Manager shall have the power lo remove any member because of the u'nexcused abscnce of lhe member from meetings of the Committee as provided in Section 22,06 of the City Code (i.e., three (3) unexcused absences in a calendar year). IV. Duties: , , , The Envi~onmcnlaJ Advisory Committee of, I he City of CIC!lrWaler shalt provide cilizens insight to the City Commission and City Staff on environmental activities and issues within and affecling the city. The committee will identify and llssess significant environmental objectives through appropriate sponsorship of puhliGltoaring& and nwiow of 6olocted projecls. ii6(Fi(WH!W.i:i~n~r;" i'(ivid~::r~chfuiil~iidil'UoQ:s{()W~:'$~14Gtedt""~rojeetifim'Cli)dmghiriY , ' qJ#Jg@f~~~~YIH~:~:;,~:9~~ls~H)~:; ',., ,'..,..,........,."",/, ,..,'.."..P"., M" ..".", ,,',', ,,'..,' ,<'" """',, ,'...,..., ,,",w..,.,', .., "",.",...w",Jt"",..",.""..,...."",....",..." '" ,,".. " City Staff supporl will be utilized in categorizing issues and prioritizing resulting recommendations for Commission action, Requests for information and staff work shall be by consensus of the Committee and in keeping with the City Commission policy regarding projccts and requests for slllff work, i.e" stuff projects or reports genera led at lhe majority request of the Committee requiring more than eight (8) hours of work must also be approved by it majority vole of the City Commission. (Approved by E,A.C, June 10, 1992) J~'~F'"r""/'~':,~,',~,,~ :,.." :::':'':i~ .1 "', i . '~~ , , , I' y .1:. ""II, ... . , .: " ' , \.'~.,. : '. ~ ~; I . .. . "I ,. . "",l , fo\ ~T ., If!" "I . . , Attachment D: LONG TERM (6 Mos) AGENDA--(@ 12 July 1992) 12,Aug Response to Commission comments on amended EAC , Duties/PI~ns (Bylaw revision) ? Assessment/Action recommendations relative to Comprehensive W~tershed Management Plan Brainstorming Session (emphasis on previously unidentifie~ future objectives/programs) + Tab1-tl at i .:,n t;:tL member: suggest i .:.ns/v i 5,i ons + Prioritization of new and accrued iss~es + Update/Revision ,of 5 mo~th agenda as applicable " I, 9,Sep Clearwater Harbor, Issues + Invited ':I:'mmen'~s, c.n effi,:a.:y c.f re-':'pening Dunedin Pass CT. Miller speaker recommendation) to reduce harbor pollution <preViQU51y recomme~ded by ~each Committee and Marin~ A'dv i ::i,:.ry B'::l~Y,d > .+ Sand s~~bili=ation through Groin/Jetty control + Creek ,:,ut fall pl:.l! ut i,:'n .:,f harb,:.r + C~useway c!ean-upJunderpass flu~h @ new ,marina 7 Oct EAC A5~essment/Recommendation relative to Clearwater Harbor Issue Presentation6n 9 Sept. Officer nominations/Organizational update Document '92 accomplishments/Update '93 Plans Additional future topic candidates include: +'Regulatory Enforcement implementation Ccodes)* -E~:panded P,Llblicity on "hc'l,oJ toll cCrmply -E~pansion of licensing/code requirements? -Potential incentives for violation reporting? + Beautification Ciriclusive of signs/billboards)** -Rte 60 negates .=ausS!way/landscaping efforts. -Regulation enforcement should not be deferred + Identification of programs requiring supportive 1 eg i sl,a t i ve 8': t i ,:,n . 11 Nov Election of Dfficers/Memberhip renewals/replacements + Updates on previously review8d programs . , t t, . t... 9 Dee Agenda to be established...... " ,) ~;}{o';~~.:"'{,t.~"'~~~:-\c1--~.. "I: ,t. ?..~.-IO~t;'~;'~',~~;\ ',:' : r" ~ ~.." i' . ~ ~ ' t,. .~~Jr:'-f'" 'h ~~.!. .:~ .~~.\.' . ~+ .1 '\It~.. + ~ I' ).'. '''', ,.'. ~. ):~i~.~:"~'~~ .;/~ ~:~:.;~' ,/. , ' '-. /.. ~.~.. - . I. '; ~ j . ",- . i ~ '. -: i- '., .f .' '" I, J ~ "'c~ . J ~.: '. "'." '. :",~.,:\,>:..; :" ..' . :':.' '. (~ ~ ? " '\', r~~.' I : . ,I . , ' ~.t ' .' ~ '; '"+ ..' l~'~ . " , , , '. ~. , I , , " , : f " . "... , . i.;t?~:!i:,":':'::::::>,'::::'?/; ~,;':'''r,~e;,;;;:~:,:,,:,~;',''::.:, ::'</,: , ":; ,,' ': ' " , " ." . , . :'.., ','.' , \ .~.1 . , : , ' . , ." '. I ' , .. ~.. . ". I>" >, , , " , I I: . . . ,. 4...._ ~"" ____. ,. -- ',' f~'$<''\' ..:'~~~l~,J~ , '. , . , ENVIRONMENTAL ADVISORY COMMITTEE Meeting Date: .~ 1/97;L ,I , ' , , Attendees: '16 f-13 0 2---~ f(Sfd0 ~~~ . . (? ICfL It' Il. !~ tZ (..//'"/'L"" Il --4f/,;A /'n/~J~yA_ ~ ------. 4 //-J ~. w; If, b;fA., /'1'(4462 l1v kM- Jld ,41/~. . I ;e tEA-. '~JC-A'. ;t,~~~ ~ ~~u "jJ4JD~- ~ ~~- ' . .~ f J/'il- ". , . ',. " , , .. ' ., , .' 1 ! ;j. ~,:" ~... f' GOVERNMENT IN THE SUNSHINE LAW I. The "Government in the, Sunshine Law,lI in one sentence: I I 1 A 11 meet inQs of any board' or commi ss ion of any state agency or authority or of any agency or authority of any county, munici~al corporation, or political subdivision, except as otherwise provided in the Constitution, at which official acts are to be taken are declared to be public meetinQs open to the -.public at all times, and no resolution, rule, or formal action shall , be considered binding except as taken or made at such meeting. Section 286.011(1), Florida Statutes (1991). ' I 'i II. The rule is broader than it appears from the statutory language: I I A. IIBoard or commission" includes advisory committees. B~. IIMeetjng" includes any discussion of public or official 'business by two or more members of the same board or committee, whether or not a formal meeting has been called, even if official acts are not proposed to be taken (such , a s a II wo r k s e s s ion II ) .' " '. 1. An informal meeting or even a telephone call between two members is a "meeting" if the business of the board or committee is discussed. A non-me~ber cannot be used as a conduit or go-between, telling Member B what Member A t~;nks,or Member C what A and B think. 2. There is even some authority that a single member can conduct allmeetingll if the member has been delegated authority.to act for the board or committee, such as to negotiate a contract. ' III; A proper meeting requires notice to the public, a location which is open to public access, and a set of minutes for recording in records open for public inspection. A. A tape recording is not required, but if the meeting is taped, the tape isa public record. B. A public meeting cannot be held at a facility or location which discrimihates on the basis of sex, age, race, creed, color, origin, or economic status or which operates in a manner which unreasonably restricts public access to the facility. ' IV. Each member in attendance is required to vote on official decisions and acts of the, board or committee, and may not abstain. A vote must be recorded or counted for each member present. ~286.012. A.' The exception is when there would be a special private gain to the member or to the member's employer, business associate, or relative, in which case the member is to publ icly declare a voting confl ict before the vote is . taken, avoid trying to influence the decision, and then file 'a conflict disclosure form. ~112.3143. B. There is an exception to the exception, and that is when the salary, C9 VPff) I' ,e (' A/>'J, ~\ It" " expenses, or other compensation of a public officer is on t~p. a~onua, in which event the public officer shall not be prohibited from voting. ~112.313(5). . C. Care is necessary if a bare quorum is present. Declaring a voting conflict means that the member is not counted present; the quorum will be lost. . D. When a board member is being considered for reappointment, the number and nature of voting conflict memoranda of conflict previously filed are to be considered by the appointing authority. ~112.3143(5). . V. The statute does not prohibit a member from meeting with city emp10yeesl or meeting with a member of a different board or committee. The law does not prohibit all social contact between members of the same board or committee, but experienced members refrain from social contacts except at public functions. VI. Exemptions from the law are few in number and are generally unavailable to city boards and committees. VII. A violation of the law carries a criminal penalty, and the act of the board or committee may be deciared void. A Couple of Tvpica1 Questionsl Q: C,an a subcommittee of a board or committee be appointed as a "fact finding". subcommittee? A: There is a very limited exception for a cO!TImittee established I1strictly for fact finding.1I For example, in Cape'Publications. Inc. v. City of Palm Bav, 473 So.2d 222 (Fla. 5th DCA 1985), a staff committee with two non-employees sat in while the city Jmanager interviewed three candidates for police chief. The city manager performed the interv iews, but the committee members asked technical questions and offered comments on the qualifications of the applicants. They were delegated no authority, and the city manager did essentially everything. If they had been given the authority to screen, interview or recommend applicants to the city manager, there would have been a violation of the Sunshine Law. By contrast, in Biqelow v. Howze, 291 So.2d 645 (Fla. 2d DCA 1974), two county commissioners, were appointed by the county commission to go on a. fact-finding trip to interview Tennessee officials who had worked with two firms competing for a contract. They agreed to recommend one of the firms and met, with a representative of the firm, not in a public meetingl to discuss the firmts proposal. The committee then recommended that the county commission hire the firm, and it did. The contract was declared void because of a Sunshine Law violation, although the trip had,been publicized in advance. Q: Does the Sunshine Law govern a trip to inspect development projects and gather information that may be useful later ;n evaluating a development project? A: ' Yes. The tri p wi 11 const i tute a "meet i ngU from the time the members gather until they disperse following their return. Trips are allowed if the minimum requirements have been met; see AGO 71-361 (inspection trips) and AGO. 76-141 (bus tours of city. projects) ~ . 2 ~r::i{(:>'{~"~':;:~'.::~:~ ,,' , , ,; , '. i. ~ /: . ,', ~\., J'.'; 0, J. , , . .~ . ' " ,~.' ~. " of . ~, ',' , >';ll( ~~t f' 12 July 1992 ~Mr. Tom Miller ~.Mr Mike Foley " Dear Tom and Mike; As I believe I mentioned 'previously I will not be ,available for the 12 Aug meeting of the EAC. This is to remind Mike Foley (vic~:chairma~)' that the ball is in his cOLlY't...I can't call hi.m t.:- tell him since it wOI.lld be a. business discussion and I don't want to be'hauled off to jail . I wish to offer the comments and bylaw implementation suggestions below' for committee eonsideratie'n.... .perha?s Tom might distrib~te them'with the minutes to enable the memb'ership to give them th'oLlght... If convenient, 'Tom might illustrate the changes with gray backgY'ound as he qid for the'commission...'w~s easy'to grasp..... I have also updated the Long Term Agenda (enclosed) Since the c6mmi~sion seems to int~nd to continue the EAC through Oct. '93 we need to determine the reappointment desires, of those whose terms expire in Oct.'92, by our 9 Sep't. meeting. The Clearwatey City Commission Policy ,Manual' states,that they will make yeapp6intments 30 days prior to ' the expiyation, ie: by 30 Sept. We need to know 50 that we can no~{riate new officer's iri Oct. and elect them in' Nov. from those on the continuing list. My understanding is that the terms of the following end effecti~e 10/31/92: Desiye to Continue? Dav is, Gee.,.... ge Donovan, Ann Foley, Mike Hunt, Ha~old ' Yes Peyry, ,Will You should also confiym that those with continuing terms feel that they will have enough time to participate etc. I am suye that all of us would like to spend some time during the coming year addressing actual' enviYonmentally related topics~....now that our peysanal leayning curves and some portion of the administrative distractions'may be behind us.... , , See you 9 Sep \ <t:~ , , Hare.l . ~;, :">i-~,,(},,:(:,,"'i:: ,,'::.<" ;', , " , Ii . \".: ~~. , . +-'~ " ' 'I . ,. I," '.' I ':, : ,I I' . , 'I ,lJ l, , ' ~, . \ ", " , , ,1" \ > (" (B" Attachment D: LONG TERM (6 M6s) AGENDA--(@ 12 July 1992) 12 Aug Response to Commission comments on amended EAC Duties/Plans (Bylaw, revision) , Assessment/Action recommendations relative to' Comprehensive Wate~shed Management Plan Brainstorming Session (emphasis on previously unidentified future objectives/pl"ograms) + Tabulation of member suggestions/visions , + Prioritization of new 'and accr~ed issues +.Update/Revision of 6 mOQth agenda as applicable , , 9 Sap CI aaY" wat eY" HaY" b c,Y" 1 s sues + Invited'tomments on efficacy of re-opening , Duriedin Pass (T. Miller speaker recommendatfon) 'to reduce harbor pollution <p~eviou~IY recommended by B~ach Commiftee and Marine Advisory Board> , + Sand stab~lization throu~h Groin/Jetty control + Creek outfall pollution of harbor . + Causeway clean-up/underpass flush @ new marina 7 Oct" EAC Assessment/Recommendation relative to Clearwater , Harbor I~sue Presentation on 9 Sept. Officer nominations/Organizational update Document '92 accomplishments/Update '93 Plans Additional future topic candidates include: + Regulatory 'Enforcement implementation (codes)* -Expanded, pLlbl ieity on "how to" cc'mply -Expansion of licensing/code requirements? -Potential incentives for violation reporting?, + Beautification (inclusive of ~ign5/billboal"ds)** '-Rte 60 negates causeway/landscaping efforts -Regulation enforcement should not be deferred + ,Identification of progl"amEi requiring sLlpportive legislative action. ' ,11 Nov Election of Officers/Memberhip renewals/replacements + Updates on previously reviewed programs 9 Dec Agenda to be established...M.. ~~:;~F;f"~~,:;'1,:,'<: t'; ;':: ':' ',. , T {....I ~\. 1'~ I; I .. "{ ~;;l.:;}~:: ~ ;~..~~ -:'.;').'. .... " " :<~ . ~. ~"1 . : I '1 ,1 , " . ""I' -, ..; .. \r-' '..' . ..' . .' , } I I, . r"; " , I " .'-< t) ,,.,...., ( ," 12 July' 92 " .' ,I ' , , " .... . :':.f , ' J', , ' / , I :..",. ~ . .' " t. .:. pI.~\ f~ ' Bylaw Suggestions L'-. . : ~. 1. Amend ,last sentence of Bylaws IV. Duties 1st Parp. (as r~quested by'commission) to read........The committee will identify and'assess significant envi~onmental obJ~ctives and review and provide recommendations on selected projects, , including any designated by'the 'commission. . 1.',< . " '2. Amend Bylaws II. Meetings (a) to read: The committee shall meet at ~uch intervals as the board, by majority v6te, . may find necessary. 'Not more, than one regular ,meeting per mo~th shall be routinel~ sc~eduled. ~ ,:'.' ::; r' , , ."" ~':~: : ~ :.~ .' 1-,;'. . . ';.., : ' .. . ';;.', ," . ~ I ~ ~fT: :" 3. Amend Bylaws II Rul~s ee) adding 2nd sen~ence. subcommittees shall not be established. Standing , . r;, .....It does not appe~r necessary to modify any rules for item~ '5.and'7. of the '8 JulY City letter....these~tems are alre~dy adequately addressed in the existin~ text. .\:':: 1'J' i'. , ' ~~.: ~ '.. ,,' - ..' ~,. , )' Interpretat ieln: ~; . '; ~'. ~ 1 . . " , I, believe ,Attorl')ey Galbraith said that two or more committee members could meet (in an an~ounced public place) such as City offices and conduct a brainstorming session and '~iovide their own minutes of their discussion....ie: not mandat~~y that City staff b~ present and take m~nutes. , " : T ~ . ~". . '(; ,0 ~ ,"' ';,,"' '01 ~~ > , ~ ! . t ~ . .,~ ),',. ~~~ :.:~~';, ' 'l~~"l '.,~ .,'. "; ; .~' . ... , , i .~ ., .' '., ; ~ , . ,. .~" I [,'.. , ., . I (, , (' , ' PROGRAM TITLE:: Water Pollution Assessment and Report Development 92-3000 Terry Finch Ambient Surface Water Quality Monitoring 92-3101 Jorge Allwood PROGRAM NUMBER: PROGRAM MANAGER: PROJECT TITLE': PROJECT NUMBER: PROJECT MANAGER: PURPOSE: j' Support the prioritization of watershed management plans through the design, implementation, and reporting the results of a baseline water quality sampling program throughout Clearwater. 1 I I OBJECTIVE: To establish ambient monitoring stations, and coordinate wat~r qu~lity sampling and analysis, for the ,design of a watershed management plan to preserve, protect, restore, and manage the natural resources for the City of Clearwater. - Sampling stations [Approx. 30 stations], will be selected according to the following criteria: land use, drainage, outfall locations, and the review of the data collected on our prior monitoring program. ' Creation of specific watershed basin maps [7], which will include land use, drainage, and outfall location features. BACKGROUND: To comply with the Clean Water Act; 40 CFR; 17-3 F.A.C.; 17-302 F.A.C.; 17-43F.A.C. City policies 16.2.8; 16.3.2; 16.6.3; 16.6.6. i , , The City of Clearwater, Environmental Management Group initiated an ambient water quality monitoring program in January of 1982. The, program was suspended for revaluation in.the summer of 1991. The data collected from this program has been organized into a da~abase which will be used as the background information for a baseline water quality report for the City of Clearwater. There are nine drainage basins within City jurisdiction,' six lakes and s'ix' creeks systems were, sampled for a total of 29 stations. i t, PHASE I PROJECT DESIGN: (gVIl~ i,:,~ t.::: >',:,:~: "',~,',,",',\ " . I . ./ . ...r. i <. ;'" '. " ' , ; . . ~. (~>^ - Sampling stations will be categorized as, primary 'or . , secondary. ' , - Primary sampling stations will be monitored for pH, DO, temperature, salinity (for oligohaline systems), TDS (for freshwater systems), conductivity, BOD, fecal coliform bacteria, fecal strep. bacteria, oil & grease, ammonia, organic nitrogen, nitrate, nitrite, orthophosphate, chlorides, total kjeldahl nitrogen, total phosphorus. Secondary sampling stations will be monitored ,for pH, DO, temperature, salinity/TDS, and conductivity. All stations will be monitored in a monthly basis. '.- Trace metals will be analyzed only for primary sampling stations and this will be done quarterly. ' - Phase I will commence on May 15 1992 and end on Jun~ 15th 1992 ' PHASE I I PROJECT IMPLEMENTATION: " - Monitoring will start the second week of August 1992. - Flora and Fauna surveys will be made for all systems and the results will be included in the'watershed map and report.' . PHASE III - PERFORMANCE MEASURES: - Baseline water quality technical report [plausible deadl'ine May 1993], will include water quality data, flora/fauna surveys, drainage, and land use maps. This baseline study will enable the selection' of Best Management Practices to: ,* Improve water quality. *' Reduce stream channel stonmvater pollutant loading. * Reduce stream channel siltation. * Enhance the basin natural resources, by creation of wetlands, to benefit fish and wildlife. * Enhance public recreation, safety, and welfare. - Yearly water quality technical report [starting Jan.199~..] The yearly quality technical report'will enable City personnel to measure trends of the' water quality status within the City as well as measure effects caused by the implementation or the lack of setting in motion best management practices. >, ,< .;;.<.j,'M--. '!"~':,'II04.';,'llJ.;'C':~~'" :",: ' ~j~l(~J'''''~\~'''>".~~' ~r/~)~ .1... J t~ .t"fil'~ .,...t\t~,.~, '\"'''\ ,..,~, ,,,' *,,')r.\~l ,ie"',' ';;," , "" ' \/,<':',l.,',/: ::':~~' ,~.. :" ' 11:'t:,;r':~ . ~ . /.~/'~ , :~~1 ',: r . \) '} ~ > i\""l 'I :<'jJ.( I, ~ , . " ~;.:,.t. >. . ~~~i::;::/,', : (O~d /.... ~ " r\")~,, \ \ I r:,'.. p:; " f;)::\;.,' '. 'j. ~~ ..', .~.:. .: . j, : \ ;, ~ ... . J r * .t '," . ., t ~ I ", I: ;.... I r, '. :j :, .. " " ',. ~ , , . Ii " I, . c I~' . " , , ". " I, ; , , . ,\1,", ,'. '. : \ t !. " 1, " {.l i "~ I" .'," .l ,to . " .', ,>~.J ,t ....': of.' . .i~" ~ I c, ".' .:" , . : . 0 0 0 0 0 ; Q 0 0 . M I"- " ~ Q) 0 ,... 0 0 0' t;: 0 ..... U1 r--- . N N M ~ (I)- (J) " I ; , " ..J .~. '" ~, H " H g I ' . H , ~ ~ U1 0 ,0 N 0 "0 ." III N M 'd' (I)- H H ~ t/) 0 0, 0 re Q) 0 0 0 0 ~ l.f'l en .-i ..... M (J) (I)- H ~ t/) ~ 0, 0 0 III 0 l.f'l 0 0 N .-i m ('I") (J) (I)- .. " ...... ....... 0:: 0::: 'P-l ~ ...... ...... 0:: 0:: .' ::z:: ::z:: ' " ~ ~ ~ 4f . ( es es ,....., . ,....., UJ t/) (J) (I)- ...... ...... ...... ...... '~ 0:: U) (/) 0 ~ 0 tI.l E-I H H tI.l H (.) ~~ H AI <(/) ~ AI Q ::J ,~ W E-IAI U) It! (.) Z::J Z II) ,0 tr:: ~.UJ r.LI t!) , 'MN ::E: ::I::::El z . en W :J ~ ~~ LIZ H r.LI .-i ...... 0 ~~ ~ ...:I +Jr--- ~ ...... U ,~~, 0 (/) E-I Ht!:l H a: W tI) ~g ~~ ~ :t: 0 0 ~, ~ Nit! 0- n: tJ r.LIllI J::::~ .::: 'n I .' : . C. \ ",--.' , . ~ t I. . , 0 :;'.:':"<:. ~': '; t~':}\:: ':' ::'.:':' :,. .' .' 1r . ~'. . ~ I , ! r. . . \ :;; ;. '. ~L~' .0' , .','1 ~ _ , .' .. TO: FROl\1: COPIES: " o . ' ..(": (" ,) )'., INTERDEPARTMENT MEMORANDUM CITY OF CLEAR'V ATER , Environmental Advisory Committee Michael J.,Wrig , Manager Kathy S. Rice, Deput City Manager; William C. Baker, Public Works Director; , Tom Miller, Assistant Director of Public Works/Environmental SUBJECT: . EAC Actions of June 10, 1992 Meeting Clearwater City Commission Follow-up , , DATE: r, July 8, 1992 " The City Commission would like to thank the members of the Environmental Advisory Committee for their response to the. Commission's inquiries concerning the EAC~ The'response to the 'Commission's concerns were discussed at Commission Work Session on June 29, 1992. The following modifications 'and/or requests represent th'e consensus of the Commission for EAC action. ' ' , , ' 2. ), ;, 3. 4, 5. 1. City Attorney Al Galbraith is to attend the next meeting and discuss the Sunshine Law as it applies to the EAC. ' Modify EAC proposed changes to Article IV (Duties), paragraph 1, to delete II ...through appropriate sponsorship of public !learings..." Other amendments to the Bylaws recommended by the EAC-are approved, Modifying the operating bylaws eliminating the use of subcommittees. The committee is to meet a maximum of once per month. The 8~hour rule will apply to ..requests from the full committee. Project requests will be requested by the full committee not from individual members. 6. The committee will provide an overview of specific projects as designated by the Commission. 7. ,The Commission requested that refined concepts agreed to by the full committee be brought forward to them. 8. The Commission requested that the first priority project be a review of the environmental impacts regarding Dunedin Pass. 9. The committee will continue for another year. At the end of this year, discussion will begin to determine if the committee should be established by ordinance. ". ('" of'" , ( ...1. f , " GOVERNMENT IN THE SUNSHINE LAW I. The "Government in the Sunshine Law, It in one sentence: A 11 meet inQs of any board or commi ss ion of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, at which official acts are to'be taken are declared to be public meetinQs open to the -.public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. Section 286.011(1), Florida Statutes' (1991). .' II. The rule is broader than it appears from the statutory language: A. "Board or commission" includes advisory committees. ,~ L . B. "Meeting" includes any discussion of public or official business by two or more members of the same board or committee, whether or not a forma 1 meeting has been called, even if official acts are not proposed to be taken (such as a "work session"). " 1 . An i nf orma 1 meet i ng or even a telephone ca 11 between two members is a "meeting" if the' business of the board or committee is discussed. A non-member cannot be used as a conduit or go-between, ~elling Member B what Member A thinks, or Member C what A and B think. , I 2. There is even some authority that a singie member can conduct a "meeting" if the 'member has been'delegated authority to act for the board or committee, such as to negotiate a contract. 111. A proper meeting requires notice to the public, a location which is open to public access, and a set of minutes for recording in records open for public inspection. A. A tape recording is not required, but if the meeting is taped, the tape is a public reco~d. B. A publ ic meeting cannot be held at a facil ity or location which discriminates On the basi~ of sex, age, race, creed, color, origin, or economic status or which operates in a manner which unreasonably restricts public access to the facil ity. IV. Each member in attendance is requi~ed to vote on official decisions and acts of the board or co~"ittee, and may not abstain. ^ vote must be recorded or counted for each member present. ~286.012. A. The exceptlon is when there would be a special private gain to the member or to the member1s employer, business associate, or relative, in which case the member ;s to publicly declare a voting conflict before the vote is taken, avoid trying to influence the decision, and then file a conflict 'disclosure form. 9112.3143. B. There is an exception to. the exception, and that is when the salary, r,:< ~ .,... /)4"c ,.. ,. , :. 1.: '.1.~.<.'1 J~ .'.' Ir. ~ ,...l: I. ~. :,.' + c -'.'; t. , , ) , .,... . , ~; I ' " . (~c:.. J' , r~ 1.' (-' I' 1,'/, CITY OF CLEAR'VATJt:R ENVIRONMENTAL ADVISORY COMMrTTI~E , August 19, 1992 , Brainstonning Session Notes , In a round table di~cusgion e:tch member conttibuted ideas and comments related 10 environ~cntal conccms. The following is a summary of that session. . I' . Water Conservation There is a water crisis on the horizon, and people nced to bc kopt awarc of this fact. We need to be moving on waler reuse projects more quickly. All the squabbling over who pnys for what now'will only cause the crisis to occur sooner. We need to bc sending treated water back to inland Jakes and in'igation systems for infiltration or be storing it in deep wells, if practictl~ as soon as possible. ' Lawn wa'tering rules continue to need to be'cnibrccd. Encourage consci"Vation of water in the home by insulation of hot watcr pipes to prevent wasting.nuUling wnlel' when waiting for the hot water to'reach Ihe faucets, toilt:t dams, and by other methods that r~ducc , consumptio~. " Coopers Point , Restore and preserve undeveloped areas on Coopers point. Remove the Brazilian pepper and ~xotic weeds that arc proliferating there. fvlaybe a program with the college to enable them to restore the area through their'science/environmental class program could be ' established. ' Alligator Creek , " ' Tmsh, weeds, and siltation in lhe creck arc a problem. Ivlorc green space along the creek should be preserved. ' Green Space !\10rc green space needs to be preserved in the city where cver possible. More trees need to be planted in arcas where too many have been removed, Zoning \Ve need shicler zoning along roadways to provide and preserve as mueh green space as possible. Bench Community ,South end of beach has little or no drainage in rainstonns. An environmentally safe drainage system to keep slreets from Hooding would help. . , '!",... ('" . . '. r '. '. ~. , '" " ~ Sand Key ,Park at North l'ud of Sand Kt?)' A large area there which is mowed could be restored to a more nntuml hnhitnt for the many , birds which havc no refuge whcn migrating through this area. Habitat rcstor:J.tion would require less mowing and could be scenic improvement. Turf nnd Garden Chemicals 'and Fertilizers , The use of fertilizers and sprays ill Clemwater should be looked at to detc!n1inc the level of use. Is excess u~e a probh:m nod, if so, how serious is it'? How many tons of those chemicals are sold in Cleanvatcr each year and how n'melt if! entering the water systems? Are some types of chemicnls that are now being used just not appropliate for a beach , community? ' " Cleanvnter as an Environmcntull\'lecca Ideally, Clemwater will encourage a strong environmental ethic by promoting ideas, projects and institutions which will bring attention to this Cityfor its en\iironmentnl achievements. The :tvlmine Science Center is regularly portr~ycd by local and national ne'ws rorits unique accomplishments. The sailing center and the world fnmous be3ch also invite visitors. Clearwaler has been quick to establish recycling. More environmental , ncWevcmexlts of this order will only increase this cities value. .,. ,Storm \-Vater Traps and B('st l\1nnagclllcnt PrncUces Surface water improvcnient systems such as structural1ll1derground dry \\'ells, french drains, silt basins, and 13MP's need to be designed and tried out in selected locations so that we can study Ulcir effects and rate them. This will enable us to decide which systems should be implemented on a city wide scale. Small projects implemented quickly and at low cost will have long tcnn benefits when eity wide syslems are planned. Our unique soils and ground water hydrology will causes some designs to work better than others and we need to know ~hich systems pro\ide the best solution. Naturnl Gas Recent scientific articles on natural gas show that it has fewer cnviromncntal problems then gasoline. How could we encourage more people to install nalural gas systems in their homes arid cars. Government Coopel'ution There needs to me more cooperation hetween governmenls. Locallnxes have steadily risen and lhe lack of cooperation only brccd~ waste. The dty and county should work closely and cooperate to avoid wasting money and time. Storm \Vater Utility Fee The stoml water utility lee is becoming an issue again becauso many people Jail to see perfonnancc. Where are thc clean water pr~iects'! Every wtltel' body Jtlils to meet minimum clcnn watcr standards. What L'i being done'? Clemwater is in danger attracting mcdia attention if Ihis gcls 0111. Clcanvatcr must hc know 101' the way in which it solves it's clean watcr issues. Pngc 2 (, .1 ? ~ \ I ..! . /~(.'t.,~~{;';~~':;~~",,~,";:t.;.~: ~ it}."' .;,\. t.jl., ... . ~. I')'~ . . c . T ' ;.{'~(r:\,;''':!~.:' ".~/<;:",,', - I . ,. ./ .,'~ /\~. }. ff '-'I , ,. 0. "~, , . ~, . . -r".;: [ .. .': 1 . ~.. + , .' . < ~ , ,;r... ,:'. :>~ 'j. d, , I~' " (C , I" , I .' V"\ : > ,~. .t Cj, ~ t i- " , .~ ' '. ~'}.' , I " ." . . " " I, " 'I , , , / ", r. '. I l. ,",'" , , , l~).;J; ~ l.'. ""'c'.' .: .~, , I 1- . . l L'. > , ,~+". . , \,,,.' ~', (to, ... Public Educntlon Continue to put,inSet1s in chy bills about environrnental issues and thing people can do to ~Ican up the citycnvil'onmcnt. Dring environmental issue~ to city public workshops. I: I', . " /, Sola.. Power" , , " ' , " Recent iinpt:ovemcnts in solnr pnncl perf01mnncc make them economical and practical. , New devices that c'onccntratc solar power arc available, and are ideally suited to FlOlida, " The City should be encouraging their use by implementing them into city designs where possible. . , " f.~' " ' . Summary , The discussion ~as ended .with members seeking to add morc conm~cnls. By no means . wcre these'the only ideas that members were willing to offer, but in the intercst of.brevity 'the session was' ended' after ,this list was compiled: Hopefully, this Brainst01lnmg session' . will proveusefullo City Leaders, and future sessions mny bc desired, ' , , , ',- ': :~ f;,t:'/ .1:" '.'<' , ~\{\'::'. Y,'., I I./.. Cj ~~' " ,r'l . ~ '~f Ij' ' , :':'.. " . .' '.. , , " .', " .~} ? i ' .' ...,.... ~ , " J; ~'. :~ . ,,~ J 't, .' iX:', ;......, I c, , 'J. . ,,, , I " -II.,' ~., r' .' ~: 1 ,I . I, h.. f ':/(:.' ;. C , "," " . , I ~~..: . I' ,,~ r- . .-i".c 'c' ..1. S~:.~:T/, < ! , '(::'c'!: ,I r" ; 'J'>;' , " " ,/ j, , " Pago, 3 ~ : " . , ~:,~::'.{: ,::~';.;\ '~: " I .,' \ .c c .'". , ' r, ,} I" I. ' ;. , ( , 1 ("'" J ~'" ~ ~ .........- ......-- ......- -tI'ilIa DVNEBS Ltd. ~ ..........----4 Jim Parks Ph.D., PG P~Bldcnt Cynarnic Equilibrium Systems , I I , I Mr. Dill Stephan, 1540 Walnut St., ClearWater, FL 34615 17 August 19H2 Dear Mr. Stephan: Following on our phone conversal:.ion of las't. week, my "ball-park figure" estimate of $595,000 to' Jim 'l'erry for opening and . t,' I ~ai~tainine Dunedin Pa5~ was for one particular version of fluidiz~d sand bypassi:ng. Ac'l:.u,ally, with new' improvements I can shave that amount a bi-t. I should probably have used the approach I did with Doctors Pass in Venice, where I offered them 3 versions wi th diff eren'l:. est.imates. For Dunedin Pas 5, thi s would look like: " 1. - "GOOD" (bare minimum. no frills, manual operation, one pipe system designed to keep pass open for water circulu'l:.ion and lmproved lagoon water quality, small boat passage only) Capital C05.t5 (design, engineeri.ng, construction) = approx $265~000. .~ ~. . ;. 2 - "BE'l"l'ER" (2 parallel pipes 'to provide navigable channel for modera~e size boats, no frills, manual operation) Capital Costs (design, engincerine. construction) = approx $350,000. 3 - "DES'r" (deluxe version, aut.oma I:.ic compu'ter controls, bypusutng in either direction) , Capital COf'rta ( design, engineering , con5'truc1~lon ) = npprox Ui545,000. P.O, Box 2043 · TumpEI, FL 33601 · 813/254.6645 F^X 813/254.6283 -~~: ~;'::{.I~;! ':';'J'~J.~'<.~~1. .~. ~~ ",", :j I' ~~~!~~"{':~"'''~':;/ll~ . t"l; "~." ./ ,~~/"... /j :., \ " . . I... . . ". . "h', ,. . . ~ :j' " ,. . i I .. t ' . .!' ". : j~ ~ I:' , , , , " ' I' ~ '< . I' . . ~. ,,~. '. j ~';:; ~ ,c . ' . ,... !~: ~l~::' , . ~ I . ....., ' ~", , ': j, , ' , . c ~ t, ~ ,r , I' : ~. .. I" , : I ,.r ~r > ~J c:<> ; . L (;~ ~ .'" . :. . < ~ ~ : ..r f ~ . I,~F . ".:! 'I.. , , " ,.r 'c \::..,' '" ~ ~, , , ( /' I " i ,!' l.'here are many possible varia:tions and permut.a'tions that could , affect those cost estimat.es either up or down. My preferred mode of operatio~s would qe: '( 1) to ',discuss 'the va~ioun op'tions with, a steering conuni'ttee to find out what is actually wanted; (2) perform a concep.t.ual des'ign and, modily i.t till .the s.teering' :comm~ttec accepts it. at a reasona~le fee of 'approximately $4,500; , , (3) farm out the engineering nnalysis ond design [probably in the range of $25-50.000], .to include specifications and construction drawing~ to allow any contractor to construct; , . , (4) obtain the necess'ary permits [either by me or county]; (5) put the construction out for bids to marine 'contractors with their price to include' a license/royalties on my paten'ts; and (6) contractor performs ,the construction of the sys'cem and operates till acceptance '[30 days or terms agreed on]. " ;', I'would, be pleased to discuss this further at any.time. " :ri:/tr~B ~,r5. G ,11'\ /4#<J--- J' Parks .- .~~J , '. . I> r j