01/14/1993
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ENVIRONMENTAL ADVISORY BOARD,
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7 Janua.:y 1993
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AGENDA
ENVIRONMENTAL ADVI~ORY COMMITTEE
,Thursday, 14,Janu~ry 1993.i..~ ~;OO PM.
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Routine Agenda...... .'..:........ ~ .Hunt.... <10
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M i n\..lt es Approval' '
'Cclnfirrn Agenda' ,
lntrodu~e new' members (Sharp~/Harris)
Min)
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rI., Old Business......................Miller'..'.
-' COL\nty CClo'fdinatic.n Meeti.ngs/Issues S,tatLls
+ NPDES ' ' "
+ Alleris Creek (inclusive of EM emphasis)
+ Mid-Pinellas RIan
~i,::,;p
';~ .'
-.Stormwa~er fynd'ing utiliiation
-1- EnviY"Mgt. IIshol"t list"c.f 'feasible, r~eaY
term candidates for Clearwatey emphasi5.
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I!I~ Ne~'Business~.....................Hunt....
e:~C empha.$is recommendations fe.y (:.i tyC'ommi ssion
<Prelim comments and fJY~I;)rities... final 11 'Fe,b)
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Establish EAC Long Teym Agenda Topics
+ Updat~s/Additions t6 August Brainstoyming.~ssues
+ Endorsement of '93 budget utilization plan~ ' .
+ Prioritization of Issue~ addyess/M~eting dates
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Other'
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ADJOURN (by 6 PM),
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ENVIRONMENTAl, ADVISORY 'COMblITTEE
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Meeting . Da:te :
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Attendees
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TO: Clearwater City Commission
P.O.. Box 4748, Clearwater, Fl. 34618
FROM: Environmental Advisory Commit~ee (EAC)
SU~JECT: EAC actions at 14 January 1993 meeting.
1. The EAC was advised_.._~of City Commission interest in
receiving a b~ief summary presentation addressing current
EAC recommendations during their 16 February work-session.
Pyeliminary suggestions for fLI,ther', (11 Feb.) di$cussion and
potential inclusion in the 16 Feb. update listing included:
+ City emphasis on moving forward as rapidly as possible
on the Mid-Pinellas Regi6nal (Watershed Management) Plan.
+ City establishment of ~ commendation award program
providing for pubLic recognition and patronage of '
'environmentally aware (green) businesses.
+ Increased publicity addressing poilution ~f ~tormwater
system by citizens ill-advised contaminant discharges. (The
EAC reitt~rate~ its Willingness to support. city sponsored
public updates of environmental issues.)'
-The EAC continues to recommend initiation of .enforceable
regul~tions prohibiting contaminant discharges into
the stormwater system (via streams as 'well as pipe~).
-City attention to improved control of discharges at its
own t~uck maintenance area~ would s~t a good example.
+ Emphasis on physi~al ~nvironmental improvement effort~
as soon as requisite permitting can be achieved. (This may
entail .selected efforts within Cle~\rwater pre,:eeding County-
wide obj~ctives such as support of AlIens Creeek 'efforts.)
+ Emphasis on reduction of water run-off quantity problems
thrclugh retention PQnds and fl.;:,w,attenuation, in prefeY'ence
t~ concr~te chanriels which ~anno~ ~nhance water quality.
2. Comprehensive Watershed Management Plan Statu~ Updat~M
City Environmental Mgt. Staff,was unable to complete
their, generat ion of a ushor'~-tl ist" of feasible near term
candidates for Clearwater emphasis. This list has again
been promised for the next, EAC meeting. The EAt anticipates
substantial con,:urrenct? with 1;11e list,' in view clf pl'"i'.::.r '
discussions and Staff advisory that recent recommended ,use'
0f stormwater Utility Funds remains substantially unchanged.
The EAC anticipates providing prioritization orde~ comments.
cc: T. H. Miller, Ass't Oir. PW/Environmental
VG =It 1 (of 8)
18 \Ji-\n '33
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ATTACHMENT A - Page I of 4
EAC RESPONSIBILITIES
+ Provide citizens insight to City Commission and Staff on
environmental actIvities within and affecting the City.
+ Identify and assess significant environmental objectives.
+ Review and provide recommendations on selected projects.
PRESENTATION OVERVIEW......(10 ~inutes)
+ Prior Activities..,... (Routine endorsements...handout only)
'~ Prior Re~ommendations...,...(Si~nificant effo~~ activities)
+ Implementation Approaches...CFor Commission Consideration)
+ Emphasized Recommendations...... (Watershed focus + budget)
VG # 2 (of 8) 25 Jan '93
(NOTE: It was suggested that a historical record of prior
,ar~as of EAC effort might be beneficial to recent appointees
...This t~bulation identifies these actions....Clt is not
expected that this chart witl be included 1n the City
!Commission worksession presentati6n....will be handout only)
PRIOR ACTIVITIES.... CEAC initiated Nov.'90)
Reviewed/Endorsed on-going/expanding City'Staff programs:
+ Encouraged closer County-City environmental co-o~eration
(including Clwtr contribution to funding AlIens Creek plan)
, '
+ Contihue participation- Tampa Bay National Estuary Program
+ Maintain, expand and improve existing parks and retention
. areas in an environmentally sensitive manner (Specifically
inclusive of Aquatic Weed Control at Cliff Stevens Park and
city-wide S~r.am/Ditch maintenance actions.'
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+ ~rban forestry/mangro~e trimming control programs
+ Implementation of water-use restrictions within Clearwater
+ Har'bor pC,lluti,:)n spill ,:on'bi;\inmemt plans
+ Lake Chat aqua (Boy Scout Camp) pollution--CountyProblem
+ Beautificmtion....Billboard elim/adopt-a-yoad/Xeriscapes.
(specifically inclUding enforcement of 1985 sign ordinance)
+ Encouraged request for DOT landscaping restoration funds
+ Initiation of curb-side recycling pi~ot program'
+ Offered support to City envir information/publicity effort
+ Clarified, administrative operational details inclusiv~ of
Sunshine Law adherence, minimization of staff support effort
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A~T^CHMENT ^ - PAGE 2 OF 4
VG 4t 3 (, 0 f ,8)
18 Jan' 93
PRIOR RECOMMENDATIONS,
Reviewed/Endorsed on-going/e~panding City Staff programs:
Selected topics:..enumerated below..(see also VGD2 handout)
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+ Reviewed Stormwater Master Plan and endorsed NPDES Permit
Application plan/contract.... (Provided ~on5tructive comments
on administrative ,cost-effectivity opportunities...suggested
cost be considered as a competitive factor in evaluating
'futul"e c,:.ntrB.:toY' pr.:,posials t,::1 the ,::ity).
+ Recommended Commission apprqval of Comprehensive 'Watershed
Management Mas~er Plan (extending NPDES requirements effort)
+ E~couragedpublicity a~d expanded regulatory authority to
enforce prevention of pollutant' discharges into stormwater
system. (Specifi~ally ~eeking simplified/expanded disposal
locations to achieve foyecast voluntary 50% reduction of
hazardcIL\S pOllutants;. .Consider institution of envirctnmen'\;i:\l
compliance as requirement for occupation~llicensing...have
recommended legal te~~ for NPDES compliance inclusion)
+ Establishment of Re-development retention pond design
criteria (opposed exemption of downtown de~elopment area)
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VI3 U 4 Cof 8)
18 .Jan 93
PRIOR RECOMMENDATIONS..... (con't)
+ Recommended further yeview of Stevenson Creek Phase II
effort to minimize concrehe usage through stormwater runoff
attenuation and retention techni'ques. (Specifically
suggested Glen Oaks G. C. and Marshall St. pr6perty a~
6verflow ponds as ~ell~s consideration of flood-pione
property acquisitions.)
'+ Endorsed Landscape/Retention Pond Env. Reinspection effort
+ Re-opening of Dunedin Pass assessed as environmentally
neutral. (Reco~mended uee of available funds to address
reduction of pollution discharge into Clearwate~ Harbor.)
+ Continue efforts to identify future cost-effective
opportunitfes to utilize recycled waste, water foY'
non-potable purposes.
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ATTACHMENT A - Page 3 of 4
VG1~5 (()f 8)
PLAUSIBLE IMPLEMENTATION APPROACHES
28 Ji.\n
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+ Increased publicity addressi~g pollution of st9rmwater
system by citizens ill-advised contaminant discharges...The,
EAC reitterates its willingness to support city spbnsored"
public updates of environmental issues....Convenient City
procedures for dj5posal of hazardQus materials are essential
+ Utilize occupational license requirements to enforce
environmental requirement compliance within Clearwater.
+ Place, specific emphasis on environmental efforts within'
Clearwater boundaries and on prioritization of,City and
Joint funding obligations.....apply pYioriti~s during the
recently initiated review of the Pinellas County AlIens
CI"eel~ plan.
+,Pursue Florida Coastal Managemen~ Program Grant of funds
for land acquisition to improve .water quality.
+ Establish a City c6mmendation award program..;.providing
fer public recognition and patronage of environmentally
awar~ (green) businesses.
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+ Identify desirable environmental programs meriting
specific City Co~mission endorsement of required state'
legislative action foy impl~mentation.
+ Expand the sllccessfLII (status???) curb-side recycl ing , t
pick-up program to encompass additional areas. ~
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VG :>>: G (0 f' 8)
7 January 1'393
(NOTE: This tabulation documents currently recognized City
'funding utilization plans....to be provided as handout only
expected to have been pre5~nted by Staff~..not by EAC)
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, Currently Recommended Use of Stormwater Utility
+Storm Drainage R&R,(Arcturas Pond@Cleveland)....$
+Habitat Restoration and Improvement (Various)...$
+Clearwater contribution to prior Courity expend-
itures in pr8paration clf AlIens Creek Plan. .,..$
+Stormwater Quality Improvm~nts required by
. EPA/NPDES (addt'l operational staff reqm'tsS..$
+Mid-Pinellas Comprehensive Watershed Mgt. Plan..
(Clwtr providing 1/2 est $800,000 plan costl..$
+All~ns Creek Water quality improv physical effort
at Dlruid Rd. /AlrctLII'" CIS Ave. (Bridge l?lnd culvert
repairs accomplished utilizing other fundsl...$
+Harborside Ponds Project......Prelim Plan funds.$
(PW recognizes funds reqm't for $1-10,000,000)
~Continuing ~ccyual of funds for future physical
efforts when plans/permitting available.......$
(May include Storm Drainage/Purchases etc)
Available Budget Utilization
500,000
F'unds
500,000
25,000
115,000
100,000
400,000
60,000
100,000
$1,800,000
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'ATTACHMENT A Puge 4,of 4
VI::! ",7 (t~f 8)
28 J arl ';?J::':
EAC EMPHASIS RECOMMENDATIONS..... (WATERSHED FOCUS)
+ Emphasize moving forwa~d as rapidly as possible on the
Mid-Pinellas Regional Watershed Management Plan....this is
the avenUe for continuing address of the objectives of the
original City Comprehensive Watershed Management Plan
+ Concurrence with Stormwater Utility Fund useage plan....
inclusive of allocation of planning funds to'define feasible
Downtown area'e5thetic/e~vironmental improvementg ???
~llocate matchinq funds for Florida Coastal, Manaoement
. - -
Program Grant and address purchase of'Norman B., property???
+ The EAC continues ,to recommend initiation of enforceable
regulations prohibiting contaminant discharges into the
stormwater system (via streams ,as well as pipes). Legal
authority EAC recommendations for incorporation into ~he
cdunty-wide ofdinances have been provided to NPDES via Ci~y
Staff; Provision of simple non-ambiguous low-cost hazardous
waste and contaminant disposal instructions/procedures and'
convenient accessible stations for citizens are required.
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VG 4t8 (e,f 8)
28 Jan 93
E~C EMPHASIS RECOMMENDATIONS.. ... (WATERSHED FOCUS..con't)
+ Emphasize initiating physical environmental improvement
efforts as soon as requisite permitting can be achieved.
(This may entail selected efforts within Clearwater
preceed~ng completing County-wide obJectives such as support
of Allens Crsesk efforts.... Total AlIens Creek effort:
...Alt #1=$27M;...Alt #2=$46M;....Alt #3=$67M.)
+ Emphasize reduction of water run-off quantity problems
through retention ponds and flow'attenuation...in prefer~nce
to con~rete channels which cannot enhance water quality.
(Capital fund expenditures should be directed at acquisition
of property for establishmerit of additional retention ponds
and the elimination of lawsuits for structural flooding.)
???. .Oppose continuation of Stevenson creek I'flood control
c1nly" effort pending water qual ity considerat ions.... ???
EAC MARCH AGENDA EMPHASIS
+ Review and provide update recommendations to 1989 City
LCOfllPrehenSive Pl<:\n Environmental Objectiv(;?s and PI~lil::ies
??? Recommended, ad~ition5/re-pr{oritizations/deletions ???
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??? Recommended additions/re-prioritizations/deletions ???
January 29, 1993
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Tampa Bay
. Regional
Planning
Council
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, ., 5t: Potersburg, FL 33702.2491
:,' '(813) 577-5151fTampa 224.9360
':!1" ; "., ,:; ~uncom 566.3217
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Orncers
city of Clearwa
c/o Michae . Taylor, P.E.
, camp & Mcl<een ,Inc.
193 U.S. 19 North, suite 300
earwater, Florida 34624
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"", . ChaIrman
';,' Councilman Robert B. stewart
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;':: ,'~" Mayor Charles A. Mclntosh, Jr,
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;, Secretary/Treasurer
Mayor Barbara H, Gilberg
Dear Mr. Taylor:
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Reconnnendation for DENIAL, IC&R 41257-92
stevenson creek Channel Improvements Phase 2, '
FDER #521993529, city of clearwater
. The enclosed agenda item regarding the above-referenced matter "
is being reconunended for denial. comments and recommendationS
will be presented to the Tampa Bay Regional Planning Council at
its February 8, 1993 meeting.
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SUbject:
, Executive Director
,', Julia E. Greene
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Please contact me if further information regarding this item, is
desired .
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Project Manager
Coordinatlon & Revievl
Enclosure
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Tampa Bay
, Regional
Aarn1ing
CooociI
FEBRUARY COUNCIL MEETING
~~[fi)cQJCID
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Tampa Bay Regional Planning Council
9455 Koger Boulevard
St. Petersburg, Florida
9s30 a.m.
February 8, 1993
The Council, in accordance with its adopted rules of procedura, may only
take action on matters not on the printed agenda involving the exercise of
agency discretion and policy-rooking upon a finding by the council of an
emergency situation affecting the public's health, safety, and welfare.
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Council meetings are Public Meetings within the context of Section 286.011
Florida Statutes. Council meetings are not Public Hearings within the
context of Section 120.54, Florida Statutes. The Chairman has full dis-
cretion as to whether or not to recognize speakers other than Council
m'embers or staff, and is not required to recognize individuals to speak on
issues before the Council. Public Hearings on issues before the Council
are conducted by individual local governments, and are the proper forum for
public' comment.
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Please note that if a person decides to appeal any decision made by the
Council with respect to any matter considered at the above cited meeting or
hearing, he will need a record of the proceedings, and for such purpose, he
may need to ensure that a ve~batim ~ecord of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be
based.
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Persons wishing to speak at a Council meeting are required to complete the
form provided at the entrance to the meeting room. The formr after being
completed, must be given to the Recording Secretary.
* *. THIS HEETING IS OPEN TO THE PUBLIC * * *
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Agenda Item #1
CALL TO ORDER
Chairman Stewart
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Agenda Item #2
DNOCATION AND PLEDGE
Selected Council Member
d
. Agenda Item #3
ROLL CALL
Recording Secretary
. Agenda Item #4
APPROVAL OF
MINUTES
Secretary/Treasurer Gilberg
1
Additional Materials
January 11, 1993 Heeting Minutes.
Action Recommendedt
Approval of Minutes.'
olliff?
9455 Koger Boulevard. Sl. Petersburg. FL 33702' (813) 577~5151/Tampa 224.9380
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Agenda Item #5
BUDGET COHHITTEE
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Secretary/Treasurer Gilberg
A, FINANCIAL REPORT FOR THE PERIOD ENDING DECEl-fBER 31, 1992,
Additional Material:
Financial Statements ending December
31, 1992.
Action Recommended:
Motion to receive and
Financial Report,
file the,
B. EXTENSION OF ORI TRANSPORTATION CONTRACTS
Due ,to the uncertainty in the DRI process, staff'recommends
approval of a one year extension to the existing consultant
contracts with the following consulting firms:, ,Florida
Transportation Engineering, Reynolds, Smith and Hill, Inc., and
Tampa Bay Engineering, Inc.
Additional Material:
None.
Action Recommended:
Hotion to authorize Chairman to sign
contract extension.
C. RESPONSE TO AUDITOR' 5 HANAGEHENT LETTER
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The FY 1992 Annual Audit Report was
Council meeting, ,The audit contained
the ,Council's auditors which has been
action proposed. '
presented at the January
a number of comments from
evaluated, and corrective
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Additional Material:
Response
comment.
to
auditors'
advisory
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Action Recommended:
Hotion to accept the response and
forward to the Auditor General of
the State of Florida.
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Agenda Item #6
CLEARINGHOUSE REVIEW
COHHITrEE REPORT
Vice-Chairman McIntosh
A.
DRI STATUS MATRIX
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Additional Material:
DRI Status Matrix.
Action Recommendedl
None. Information only.
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B. DRI DEVELOPHENT ORDERS
1. Pending Development Orde~s
The final Development Orders for these projects have not been
issued. When the Development Orders are received, they will '
be reviewed for consistency with the Council's approved ORI
Report 'and appropriate recommendations prepared for
co~sideration by the Clearinghouse Review Committee and the
Council.
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DRI #213
nlCF Mine Consolidation Substantial Deviation
(Consolidation Phase ), Hillsborough County
GATX Tampa Terminal Expansion, Substantial
Oeviation, City of,Tarnpa
, DRI #224
, Additional Material:
None.
Action Recommended:
None. Information only.
2. Development Order Amendments
a.
DRI #181
Tri-County Business
County
Park,
. ,
Hillsborough
The Development Order amendment issued by Hillsborough
County for above-referenced DRI has been reviewed. It
has been determined that the changes to the project, do
not create a substantial deviation.
Additional Material,
Development Order Amendment
Report.
Action Recommended:
Hotion to' concur with the
Development Order amendment.
b.
DRI #19.1
Fish Hawk Ranch, Hillsborough County
, The Development Order amendment issued by Hillsborough
County for above-referenced DRI has been reviewed. It
has been determined that the changes to the project do
not create a substantial deviation.
Additional Materialc
Development Order Amendment
Report.
Action Recommended I
Hotion to concur with the
Development Order amendment.
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c.
DRI #198 -
Four Corners Mine Substantial Deviation,
Hanatee County
The Development Order amendment issued by Hanatee Coun'ty
for above-referenced DR! has been reviewed. It has been
determined that the Development Order amendment satis~
factorily addresses the issues raised in the Council's
appeal of the project's Development order.
Additional Material;
Development Order .Amendment
Report.
Action Recommended:
Hotion to concur with the
Development Order amendment. .
c.
FLORIDA';3 INTERGOVERNHENTAL C09RDINATION AND REVIEW PROCESS (IC&R)
REPORT
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1. During January, 19 reviews, including grant requests total-
ling $1,980,499, were processed by the Council's Clearing-
house Review Committee. (CONSENT AGENDA)'
,Additional Material,
Summary of the reviews for the month
of January.
Action Recommended:
Hotion to approve the Clearinghouse
Review Committee's action ,for
January.
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2. The Clearinghouse Review Committee (CRe) refers projects
recommended for denial to the full Council for consideration.
IC&R #257-92 - Stevenson creek Channel Improvements-Phase 2,
City of Clearwater
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Applicant proposes dredging and lining portions of Stevenson
Creek. The project length is 6,696 feet, of which 4,040 feet
are proposed to be channelized and lined with concrete.
Additional Material I
,
IC&R #257-92 Report.
Action Recommended:
Hotion to' concur with
Clearinghouse ,Review
mittee's recommendation
IC&R #257-92.
the
Com-
to deny
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. Agenda Item #7
AREA AGENCY ON AGING
Mayor Levine
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A. The Aging Policy Committee held its regular monthly meeting
Monday, January 25, 1993, and a report 'will be presented.
Additional Material:
Non'e.
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Action Recommended:
None. Information only.
8. OEPARTHENT OF ELDERLY AFFAIRS DRAFT BILL/HEALTH AND REHABILITATIVE
SERVICES-AGING AND ADULT SERVICES DIVESTITURE
The D~partment of Elder Affairs (DOEA) has created a bill which
addresses the divestiture of Health and Rehabilitative Services
(HRS) aging programs to be transferred to OOEA. This bill also
addresses the status of Area Agencies 'on Aging, ,(AM) in their
creation as quasi-governmental entities. At it's January meeting,
the Aging PolicX Committee voted to, oppose the DOEA draft bill.
Furthermore, it voted to have TBRPC/AAA grandfathered into any
bill regarding AAA placement. Serving as the AAA, 'TBRPC has had
exemplary quality assurance and monitoring reports' by its funding
sources. Additionally, we have enjoyed the many benefits of an
incorporated local. government and exist already' as a quasi- .
governmental entity.
Additional Material:
Department of
Bill/Heal th
Services-Aging
Divestiture.
Elderly Affairs .Draft
and ' Rehabilitative
and Adult Services
. Agenda Item #8
LOCAL GOVERNMENT
COMPREHENSIVE p~
AMENDMENT REVIEWS
Chairman Stewart
Action Recommended:
Hotion to have TBRPC grand- fathered
into any mechanism developed in the
future for the role of th~ AAA in
Planning Service Area 5.
Hotion to oppose the DOEA draft
bill.
A. CONSENT AGENDA - l\DOPTED LOCAL GOVERNMENT COMPREHENSIVE PLAN
AHENDHENT REVIEWS
The following local government comprehensive plan amendment
reports are recommended for approval by Council staff. Discussion
of individual reports requires a request of any Council member to
have those reports removed from the Consent Agenda. Such requests
must be made prior to the motion to pass this Consent Agenda.
Reports removed from this Consent Agenda will be, discussed, in
order of appe~rance, as Agenda Item #8.0.
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In accordance with Section 9J-l1.011, Florida Administrative Code,
reviews of the following" adopted local government comprehensive
plan amendments have been prepared for Council consideration, and
include a final determination of consistency with Future 'of the
Reqion. A Comprehensive Regional Policy Plan for the Tampa Bay
Reqion (FRCRPP).
1.
,
City. of Clearw~ter (92-2 FIN)
The City of Clearwater has adopted one map amendment to its
Comprehensive Plan." It has been determined that the amendment
is consistent 'with the FRCRPP.
,
,Additional Material:
Report on
Clearwater
amendment.
the adopted "City of
Comprehensive Plan
2. City of Largo (92S-2'FIN)
The City of Largo has adopted a small scale map amendment to
its Comprehensive Plan. I It has been determined that 'the
amendment is consistent with the FRCRPP.
'Additional Material:
Report on the adopted City of Largo
Small Scale Comprehensive Plan
amendment.
3. City of Pinellas Park (93~1 FIN)
The City of Pin~llas -Park has adopted five amendments (one
text and "four map) to its Comprehensive Plan. It has been
determined that the amendments are consistent with the
FRCRPP.
" !
Additional Material:
the adopted City of
Comprehensive Plan
Report on
Pine lIas Park
amendments.
4. City of Plant City (92-2 FIN)
The City of Plant City has adopted four amendments (one text
and three map) to its Comprehensive Plan. It has been
determined that the amendments are consistent with the
FRCRPP.
Additional Material,
Report on the adopted City of Plant
City Comprehensive Plan amendments.
6
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S. Hillsborough County (93-1 FIN!
Hillsborough County has adopted four amendments (two text and
two map) to its Comprehensive Plan. It has 'been determined
that the amendments are consistent with the FRCRPP.
Additional Hateriall
Report on the adopted Hillsborough
County Comprehensive Plan amend-
ments.
6.' Hanatee County (925-2 FIN)
Manatee County has adopted a'small scale map amendment to its
Comprehensive Plan. It has been determined that the amendment
is consistent with the FRCRPP.
Addition~l Hateriali
,Report on the adopted Manatee County
Small Scale Comprehensive Plan
amendment.
, I
,7. Pasco County (93-1 FIN)
Pasco County has adopted one text amendment to its
Comprehensive Plan. It has been determined that the amendment
is consistent with the FRCRPP.
Additional Material:
Report on the adopted Pasco County
Comprehensive Plan amendment.
a. Pinel1as County (92S-4 FIN)
Pinellas County has adopted a small scale map amendment to
its Comprehensive Plan. It has been determined that the
amendment is consistent with the FRCRPP.
Additional Material:
'Report on the adopted Pinellas
County Small Scale Comprehensive
Plan amendment.
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Agenda Item #8.A.
Action Recommended:
Motion to approve Consent Agenda and
forward ,the reports to the Depart-
ment of Community Affairs.
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B. CONSENT AGENDA PROPOSED LOCAL GOVERUHENT COHPREHENSIVE PLAN
AMENDHENT REVIEW
The following local government comprehensive, plan amendment
reports are recommended for approval by Cow1cil staff. Dis-
cussion of individual reports requires a request of any Council
member to have those reports removed from this Consent Agenda.
Such 'a request must be made prior to th~ motion to, pass this
Consel'lt Agenda.
"
In accordance with Section 163.3184, Florida Statutes, a review of
the following' proposed local government comprehensive plan
amendments has been prepared for Council consideration, and,
includes a preliminary determination of consistency with the
FRCRPP~
"
'1.' City of Safety Harbor (93-1)
The City of Safety Harbor has submitted proposed text and 'map
amendments to its Com~rehensive Plan. ,The text and map
(consisting of 68 separate areas} amendme~ts are associated
with the City's efforts to bring its Comprehensive Plan into
consistency with the Pine lIas Planning Council's CountyWide
Future Land Use Plan. It has been determined that the
amendments are consistent with ~1e FRCRPP.
Additional Material;
Report on the
Safety Harbor
Amendments:
proposed City of
Comprehensive Plan
2. City of Seminole (93-1)
The City of Seminole has submitted proposed text and map
amendments to its Comprehensive Plan. The text and map
(consisting of 37 separate areas) amendments are associated
with the City's efforts to bring its Comprehensive Plan into
consistency with the,Pinellas Planning Council's Countywide
Future Land Use Plan. It has been determined' that the
amendments are consistent with the FRCRPP.
Additional Material:
the proposed
,comprehensive
City of
Plan
Report on
Seminole
Amendments.
8
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3. City of Tarpon Springs (93-1)
The City of Tarpon Springs has submitted a proposed text
amendment to its Comprehensive Plan. It has been deter-
mined that tho amendment is consistent with the FRCRPP.
Additional Material:
Report on the proposed City
Tarpon Springs Comprehensive
Amendment.
of
Plan
. Additional Materiall
Report on the proposed City of
Treasure Island Comprehensive Plan
'Amendments.
4.
City of Treasure Island (93-1)
I ' ,
The City of Treasure Island has submitted proposed text ,~d
map amendmonts to its Comprehensive Plan. The text and map
(consisting of 18 separate areas} amendments are associated
with the City's efforts to bring its Comprehensive Plan into,
cons~stency with the Pinellas Planning Council's Countywide
Land Use Plan. It has been determined that the amendments are
consistent with the FRCRPP.
, 5,.' Town of Belleair (93-1)
The To~ of Belleair has submitted proposed three text and
map ,amendments to its Comprehensive Plan. Two text and map
(consisting on 12 separate areas) amendments are associated
with the Town's efforts to bring its Comprehensive Plan into
consistency with the Pinellas Planning Council's Countywide
Future Land Use, Plan. It has' been determined that the
amendments are'consistent with the FRCRPP.
Additional Material:'
Report on
Be lleair
Amendments.
the proposed ,Town of
Comprehensive Plan'
6. Pasco County (93-2)
Pasco County has submitted four proposed text and one
proposed map amendments to its Comprehensive Plan. It has
been determined that the amendments are consistent with the
FRCRPP.
Additional Material:
Report on the proposed Pasco County
Comprehensive Plan 'amendments.
Agenda #8.8.
Action Recommended:
Hotion to approve the Consent Agenda
and forward the reports to the
Department of Community Affairs.
9
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c. LOCAL GOVERNHENT . COtlPREHENSIVE PLAN AHENDHENT REVIml (NOT
CONSISTENT)
Additional Haterial:
None.
, .
The City of Gulfport has adopted three arnendments(two text
and one' map, consisting of 18 separate areas) to' its
Comprehensive Plan. 'The ,text and map amendments are
associated'with the City's efforts to bring its Comprehensive
Plan into consistency with the Pinellas Planning Council's
Countywide Future Land Use Plan. The additional text
amendment, ,adopted subsequent to the Council's preliminary
review, addresses an' objection raised by DCA on the proposed
,land use amendment associated with the Town Shores
Condominium Complex. It has been determined that the
amendments are consistent with the FRCRPP.
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Action Recommended:
'Dependent upon discussion.
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D. LOCAL GOVERNHENT COBPREHENSIVE PLAN AHENDHENT REVIEWS REHOVED FROB'
THE CONSENT AGENDA - DISCUSSION
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1. City of Gulfport (93-1 FIN)
, ,
Additional Hater~alc
Report on
Gulfport
amendments.
the adopted
Comprehensive
City of
Plan
Action Recommended:
Motion to approve and forward the
City of Gulfport report to the
Department of Community Affairs.
10
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2. City of St. Petersburg (93-1 FIN)
The City of St. Petersburg has 'adopted six amendments (one
text and five map) to its Comprehensive Plan. The text ,and
one map (consisting of 61 separate areas) amendments are
associated with the City's efforts to bring its Comprehensive
Plan into consistency with the Pinellas Planning Council's
Countywide Future Land Use Plan. An additional map amendment
(PC-S44-A{1)) was adopted subsequent to Council's preliminary
review. This amendment is contained in the staff report as
Item #6. It has been determined that the amendments are
consistent with the FRCRPP.
Additional Haterial:
Report on
Petersburg
Amendments.
the adopted City of St.
Comprehensive Plan
Action Recqmmended:
Hotion to approve and forward the
City of St. Petersburg report to the
Department of Community Affairs.
.
Agenda Item #9
AGENCY ON BAY MANAGEMENT
Commissioner Platt
TAHPA BAY DAY IN TALLAHASSEE'
,The Agency on Bay Management will co-sponsor Tampa Bay Day in
Tallahassee to meet with our Florida Legislators on environmental
initiatives. The event is scheduled for February 24, 1993. A report
on the Tallahassee event will be provided to Council.
"
Additional Materiall
None.
Action Recommended:
None. Information only.
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Agenda Item #10
NATIONAL ESTUARY
PROGRAM ( TBNEP )
Chairman Stewart
A. AtrrHORIZATION TO ENTER COOPERATIVE FUNDING AGREE}!ENT WITH U. S.
ENVIRONMENTAL PROTECTION AGENCY FOR DEVELOPHENT OF A BAY QUALITY
INDEX
At its November 20, 1992 meeting, the Policy Committee voted to
authorize the TBRPC to contract with Coastal Environmental
Services for the development of a Bay Quality Index. The intent
of the BQI is to provide a sound, reliable composite indicator of
the overall quality of the Bay in a straightforward, simplified
way that will be useful to public and private officials in the
Tampa Bay area and to the public at large.
11
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The cost of developing the Bay Quality Index will be funded
entirely through EPA.,
Additional Hateriall
Non2.
Action Recommended:
Motion to enter into cooperative
agreement 'with U.S. Environmental
Protection Agency for development of
a Bay Quali"ty Index in an amount not
to exceed $15,000; and to authorize
Chairman to sig~ agreement.
B ~ AUTHORIZATION TO At.IEND CONTRACT "11TH COASTAL ENVIRONHENTAL
SERVICES FOR IMPLEMENTATION OF TAHPA BAY MODELING STRATEGY.
Coastal Environmental Services, Inc. (CES), is currently under
'contract with the TBRPC to conduct the TBNEP. project entitled
"Implementation of Hodeling Strategy for Tampa Bay:" Under the
contract, CES will update estimates of pollution input to Tampa
Bay, and then develop a model to predict how much we can expect
water quality to improve as pollution to the bay is reduced.
Since entering the contract with CES, TBNEP has identified the
need to develop interjm Pollution Load Reduction ,Goals for the
bay. The interim goals can be developed most efficiently with the
predictive models being developed by Coastal through their,
existing modeling contract.
Authorization is requested for the Chairman to sign an addendum to
the CES Contract to develop interim load reduction goals and to
increase the amount of the contract by $9,997, bringing the
contract total to $59,985.
Addi~ional H~terial:
Proposed contract addendum.
Action Recommended:
Hotion to aut.horize Chairman to sign
Addendum to contract for Implemen-
tation of Modeling Strategy in the
amount of $9,997; ,and to authorize
Chairman to sign addendum.
. Agenda Item #11
LEGISLATIVE COMMITTEE REPORT
Dr. Judson, Jr.
A report will be given to Council on a~tivities of the Legislative
Committee.
Additional Material:
None.
Action Recommended I
None. Information only.
12
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Agenda ~tem #12
OTHER COUNCIL REPORTS
Chairman Stewart
A. HURRICANE RECOVERY TASK FORCE - "OPERATION GET READY"
Subcommittees of, the TBRPC'regional task force have been meeting
to address. the key recovery issues highlighted in south Dade
. County fallowing Hurricane Andrew. A status report will be given
by the Task Force chairman, Dick Fl~tcher. Reports from the Task'
Force Hill go ,to the full Council with recommendations for
appropriate lead agencies, the Governor and the legislature in
February 1993.
Additional. Hateriall
None.
Action Recommended I
None. Information only.
,;
B. ~'lATER USE CAUTION AREAS
)'
Peter Hubbell, Executive Director, Sou,thwest Hater Hanagement
District, will discuss the water use caution areas.
Addi tional J(a terial:
None.
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Action Recommended:
None. Information only.
. Agenda Item #13
i ,
r . Agenda Item #14
. Agenda Item #15
. Agenda Item #16
CHAIRMAN'S REPORT
Chairman Stewart'
EXECUTIVE DIRECTOR'S REPORT
Ms. Greene
COUNCIL MEMBERS' COHHENTS
NEXT MEETING
Chairman Stewart
A. March 8, 1993 - 9:30 a.m.
TBRPC Offices
9455 Koger Boulevard
St. Petp.rsb~rg, Florida
B. Tentative Agenda For March 8, 1993
To be distributed at the meeting.
,C. Events Calendar for the period of
February 8, 1993 to Harch 8, 1993
To be distributed at the meeting.
. Agenda Item #17
ADJOURN
Chairman Stewart
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Agenda Item U6.C.2.a.
2/8/93
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'ampa bay
fCC)IonaI
planning'
coundl
~~@@[(DIT1J@[fu@(ill@@ ~@WD@W.
S'I'EVENSON CREEl< OIANNEL rnPROVEl1ENIS - FtlASE 2 D/F PERMIT APPLICATION,
FDER #521993529, CTTY OF CLEARWATER, IC&R #257-92
'!he Florida Deparbne.nt of EnvirornrenW Regulation (FDER) , has requested
review and canment on a proposal by the city of Clem:water to dredge
and line portions of stevenson creek in Pinellas County ~ ,
Counci 1 Comments/concerns
'!he total length of the stevenson Creek R1.ase 2 channel improvement
project,' equals 6,796 feet. 'lhese pt'O}.XlS€d iJnprovements include
'recontour:irq and so:lding the channel from pierce street to Court, Street
for a distance of 1,339 feet., A portion 'of the proj~ calls for
runn.i.n3' the stream urdergroun:l through culverts. Other channel
bnprove:rrents includ.e lining the channel with rigid ,concrete pavement 'or
fabriform for a total distance of 4,040 feet. '!be remaining 1,417 feet
consists. of the e.>';pansion of the lake ard littoral zone within the Glen '
Oaks Golf Course bEi:tween court Street an:! Druid Road from 1.4 acres to
3.97 acres.
An investigation by the project consultant identified a vegetated
wetlarrl area impact for Fhase 2 activities of 6.'75 acres, of which 3.98 .
acres will be temporarily ,disturbed and 2. 77 acres .will be perrranently
ilupacted. TenrfX:n:cuy wetlarrl disturbance will occur jn the lCMer chan-
nel reaches between Pierce street and Druid Road due to the expansion
of the earthen ch.annel section an::i the 2.57 acre expansion of the lake
and littoral zone in Glen oaks Golf Course. An additional 1.89 acres
.of temporary impact will result fran the dredgi.n3 of Linn I.ake south of
Druid Road.
'!he vegetated \\'€!t1an::l areas permanently disturbed in the 'upper channel
reaches is propose;:1 to be mitigated by the reestablishlrent of wetlarrl
vegetation in the 2.57 acre expansion of the lake and littoral zone at
the golf course an::i in the exp:mded earthen channel between pierce and
Court streets which create an additional 1.32 acres of jurisdictional
area .
A site inspection was accomplished on January 15, 1993. The corrlition
of the creek varies due to urban and residential encroachments. '!here
are many areas where natural vegetation has been na.intained along the
creek ard man-made lake areas. Very little erosion was observed alorY3"
the creek, banks. Conversations with area residents after the site
visit identified the use of the tributary by nunerous wildlife, inclu-
din:~p otters, wadirq birds, birds of prey, frogs arrl others.
9455 Koger Boulevard. St. Petersburg. FL 3'3702. (813) 577.515,1 ITa
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IC&R #257-92
Page 2
Tidal tributaries are critically important communities that provide
inp:n:tant juvenile fishe.ty habitat, distribute freshwater to the
estuary ard buffer water quality. Harden.ing of tributaries by concrete
anj fabrifonn linirg rerroves the vegetated habitats vital to fish and
wildlife systems, and diverts stormwater directly to do.-mstrearn systems
which prevents natural pollutant re.rroval by vegetation. Tidal tribu-
taries, are unique systems where freshwater is mixed with saline waters
prcxiuci.n;J coixlltions favorable to juvenile fisheries habitats, which
are eliminated by channel hardening.
'The expansion of Linn Lake an:1. creation of additional vegetated
littoral zone alol'XJ the golf course will help to reduce flcxxiing and
enhance water quality, am should be SUPPJrta:L HCMever, COncen1S for
the remairrler of the project include: ,
,. water quality ~cts, created by dredging' an::1 spoiling activities;
I>> pennanent loss of water quality l::.enefits from the dredging an:i
concrete stream linin;J activities;
. pennanent loss of tributary habitats from ~e:1ging and concrete
lining activities; an.:l
. potential:impacts to the dcwnstream Pinellas County Aquatic
"Preserve, an outstarrling FlorIda Water.
Reo::ln1Irel-rltions for' the proj ect design include:
. Eliminat.in:J' the, c:orcret.e li.ni.rg of st:evenscn creek frcm the
project design. Olannel li.ni.ng should only be allCMed in areas
directly around bridge abutments an:l stOl::1Th<later outfall pipes to
prevent erosion. In all rerna:ining areas, vegetated slopes and
channel bottcms Im..1St be maintained to prevent loss of tributary
functions. '
. Flcxxl abatement, activities should concentrate an reduction of
stormwater at the source ,(subbasins) of stevenson Creek to
el.iJninate problems of erosion an:i floodin;} along the tributary.
. Proper construction procedures an:! techniques (Best Managezrent
Practices) should be illlplemente:l duri.rg all construction activi-
ties arrl spoil disposal operations to reduce turbidity and other
PJllution discharged to surface waters.
. Hei:baceous, mitigation areas shall be zoonitored for at least three
years an:l forested mitigation areas shall be m:mitored for at
least five years, twice each year, to ensure proper revegetation.
At least 80-85 percent natural CXJVer shall be required at the errl
of the m::mitoring pericd. A conti..n:Jency plan is required to
assure successful recreation of 'the mitigat€rl area.
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IC&R #257-92
Page 3
. 'l11e CLmlUlative aspects of all wetlarrl impacts should be consi-
dered. , '
. A determination must be I1'8de that impacts to preservation/conser-
vation areas are unavoidable ard are within the public interest.
. If necessary, dredging activities must be tiJned to prev~t impacts'
to West Irrlian manatees, and any bird nestirq or foragi..rq
activities. '!be applicant, or contractor, must conform with
Florida Deparbmnt of Natural Resources (FCNR) ard U.s. Fish am
wildlife Service requirements for construction activities within
areas providi.rq habitat for lista:l species.
'!be Tampa Bay Regional Planning Council supports efforts to nanage
drainage in the region; hOliever, tributaries are vitally important
environmental sy~tems that have been signifiCantly impacted by develop-
ment'. Remaining tributaries must be maintained to protect their natu-
ral .functions for fish an::l wildlife arrl water quality benefits.'
In I'eSJ.X'nse to tributary protection the' council has adopte::l the
follCMing specific !,X>licies related to hardening of streams:
10.4.1 Policy:
New channelization, harden:ing, or other unnatural structural lining
shall be prahibite:l except when required by a cowprehensive watershed
arrl,Ior stonnwater management plan that, has demonstraterl that such
channelization will optimize the pveservation and restoration of
natural systems. '!his policy shall not be applie:l ,to barrier islands.
10.4.4 RJlicy:
Channelization solely to create new ,larrls for developnent shall be
prohibited. Channelization to create new navigation acceSs or to
increase the rate of drainage shall be discouraged unless it is in the
interest of, arrl provides for, environmental enhancement.
,10.4.5 Policy:
In cases where l1f?W channelization for flood drainage protection has
been fully analyzed arrl justified, such projects shall be carried out
with maximum protection to water quality arrl wildlife habitat.
10.4.6 Policy:
'!he natural functions of riverine systems shall be protecte::l, preserved
or restored.
Additional !,X>licies with which the proposal appears to be inconsistent
are listed helCM.
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IC&R #257-92
Page 4
It appears the applicant interrls to resolve floo:ling problems through a
straightfotward engineerin;r solution--channel hatdening. The City of
Clearwater nee:ls to evaluate the resolution of the flcx:rli.ng problem by
reducing the source, trainly attenuation of stormwater within subbasin
of Stevenson Creek. '!his will reduce the need to control erosion in
the triJ?utal:y by concrete lining.
'!he application was previously reviewed in 1989 (rC&R #217-89) and
, recaimerrled for apprcval upon eliminati.ng the creek hardening where not
essential for public health or safety. '!he ,current application, how-
ever, continues to request extensive channel lining activities. In
addition, the' Council, has adopted numerous policies which address
tributaxy impacts since the 1989 review.
Recommendation
'!he penni.t: is recamrrended for denial.
'Further,' it is recamrrended that any additional c:ornrrents addressing'
local concerns by considered prior to final act~on. '
Committee' adopte:l January 25, 1993.
Council adopted, February 8, 1993.
"'\ /11
( '/1!f-.. jp /J!
Charles A. McIntosh, Jr., Ola
Clearinghouse Review Committee
Robert B. stewart, d1ainnan
Tarrpa Bay Regional Planning Council
,
rnris project has' been reviewed for consistency with the Council's
adopted growth policy, Future of the Region. A Comprehensive Regional
Policy Plan' for the' Tampa B3.v Region. ,Until the aforementioned
concerns are reconciled, this proposal is not consistent with Council
policies: 8.6.2, 8.9.1, 8.9.3, 9.4.1, 9.5.9,9.6.1, 10.'1.2, 10~4.1,
10.4.4, 10.4.5, 10.4.6 and 10.5.2.
I..or"'...al Conunents ReQuested From:
h;]ency
Request
Date
Clearwater Plamin:.J Dept.
Pil'1ellas CO. Env. M:Jmt.
Pine11as CO. En;J. Dept.
1/25/92
1/25/92
1/25/92
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IC&R #257-92
Page 5
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::PI..EASE 00l'E:. Unless, notified of additional' consideration by the, full
,: Counc'il, action by 'the cleari.nghouse Revie'\'l Conunittee is final; Please
apPen::l a copy to your application to indicate compliance with cleari.rg-
hCA.lSE! i:equ.irements. , fue > Commi.ttee 's ,c:ormr.ents conStitute', compliance, ' I
with Florida's Intergove.tTlIl'leJ1tal COOrdination and Review process only.
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LEGEND
G It if
COUNTY BOUNDARY
CITY OF CLEARWATER
PROJECT LOCATION
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STEVENSOt04 CREEK FLOOD CONTROL
PROJECT LOCATION MAP
CITY OF CLEARWATER
PIHELLAS COUNTY, FLORIDA
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L,EAG,UE OF WOMEN VOTERS
NORTH PINELLAS COUNTY
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January 19, 1993
I.
Congratulations on,your editorial opposing further "hardening" of
stevenson's Creek.
. Letters to the Editor
St. Petersburg Times
P.o. Box 1121
St. Petersburg, FL 33731
Re: Stevenson's Creek, January 17
"
When the City of Clearwater proposed Phase 1 of its "Flood
Control project" for the Creek, the League of Women Voters of
North Pinel1as County testified before the Ancrote River Basin
Board. Our Natural Resources Committee had studied the proposal
and found it was inconsistent not only with Basin Board pOlicies,
but als6 with the siate, regional and loC~l comprehensive plans.
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The Department of Environmental Regulation'S field specialist
reported: liThe proposed creek modifications will have the
combined effect of increasing siltation downstream and increasing
the pollutant loading into Clearwater Harbor." We oppose Phase 2
and any further hardening'of the Creek because of the impact on
vater quality in the harbor.
The DER appraisal recommended that flood control CQUld and should
be accomplished without any concrete lining or fabri-forming,
that property and 'right-of-way exist to widen'the creek where
needed. The League of Women Voters endorses this solution.
Sincerely,
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Margery Cridland
Natural Resources Chair
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, President
P.O. BOX 6725 . CLEARWATER, FLORIDA 34618 · 813-447-1564
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Mike Foley
1811 Apache Trail
. Clearwaterl Florida 34615
(813) 461.9382
January 11 t 1993
Mr. Peter Clark
. Tampa Bay, Regional Planning Council
9455 Koger Blvd.
St. Petersburg1 FL 33702 '
,RE: Stevenson Creek and DER Permi~ Application No. 521993529
,Dear Mr. Clark,
Today's paper alerted me to your TBRPC Clearinghouse Revieyt of the Stevenson
Creek Project Phase 2: As you may recall, my brother John and I visited you several
. years ago just after the TBRPC Review of Phase 1. A lot has'happened since then.
At this time I want to inform you that TBRPC comments in that review have proven to
be accurate, and that Clearwater engineers did not foll.ow your ~ecommendations at that
time. The result has been a terrible mess in the estuary and in Clearwater, Harbor. I
have prepared a report about thIs (included). .. Phase 1 confirmed that incolT)petence
can ruin enyironmentally sensitive areas.
, .
Concerning Phase 21 here is a short list of facts which I ask that you consider.
· The primary cause of flooding on Stevenson Creek was a pipe under the Court
Street Bridge. Every time the creek ftooded that pipe and the trash it caught
blocked the creek completely, causing a backwater condition through the flooded '
areas. I have eye witnesses and photos to support this statement.
(see sketch and photos enclosed)
· The pipe is still there under court street. Repeated requests to fix it have bee'n
ignored. Why? ,
· A new maintenance program (trash removal) has prevented flooding for 3.5 years
under severe storm conditions throughout the City.
· I believe that city engineer Mr. Bill Baker misinformed commissioners. state
regulators, Plnellas-Anclote River Basin Board and your agency about the number
of homes that were "coded. He presented a listing of 168 'properties 'With water in
the building" that has been found to be a gross exaggeration of fact. I believe that
, he made numerous other misstatements of fact. He is a dangerous man and
should not be allOW'ed to direct waterway projects.
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· 19 homes flooded in 1984. Each of those houses took from 1" to 6" of water. Some
had water In the garage only. Each is behind the blockage at Court Street. Each is
valued at $601000 maximum, All were built in a former wetlands or in a filled pond.
Some have structural damage (rom settling. Most owners expressed a willingness
to sell.
, Stevenson Creek does not need to be paved to provide flood relief. It also affords many
opportunities to economically restore habitat and improve water quality. It has been
and is stillbclng terribly mismanaged under the direction of Mr. Bill Baker. A firm NO to
phase 2 will ensure that an acceptable urban stream watershed management plan will
be developed. .
,
The newspaper states that your staff may be touring the creek I have written the city
managers office and asked to be advised of that tour. I hope to be able to attend. I .
have given many tours of Stevenson Creek to small groups. I know the best and worst
places' to see. and 1 know people all along'the creek who let us cross their property.
I have been gratified by thl:! PJnellas county efforts on McKay Creek. Church Creek, and
Allenls Creek. Now that 'th~= purchase of property is acceptable as a flood control
management practice Oust,\~s it is in street widening projects) I think that many creeks
and the estuaries in this County will be protected.
What has really excited me is the large number of people who support environmentally
wise ncod projects. The Itsilent majority" is clearlY in favor of restoration. You probably
talk with folks regularly, but it knocks me out when I get a call from someone across the"
county who is asking for help to fight channeliz'ation in their neighborhood. I will go
anywhere to speak wfth people about this. Last Sunday evening I attended another
living room meeting with some interested people. Fortunately, on McKay Creek and
Church Creek we were able to mobilize early when the hard lining plans were still just
alternates 1 and 2.
, '
Please share the Hi turbidity report and enclosed information with your associates. I
would welcome the opportunity to deliver a short message to the committee if you think,
it would be appropriate. .
If you have any information or questions please do not hesitate to call or write me.
Thank you.
Mike Foley
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Stevenson Cr~ck
High Turbidity Incidents
, January to May 1992
by Mike Foley, Rjparian resident of Stevenson Creek.
4(..1... Cf 38 2...
The City of Clearwater project called Stevenson Creek Phase [was permitted in Febnwy of 1991. Work
was started by Scarboro Construction Company. Violations of turbidity M'o frequent that Scarboro was
dismissed from the job in November of 199].. The City then hired Kinunins Construction to complete the
work.
This report does not show the many violations in ]991 Ulat resulted in the dismissal of Scarboro
Construction. Kimmins began work in January of 1992 and this report is of the 1992 test data only.
Numerous recommendations and comments by the test technician are rellected in the his worksheets., '
Letters by the test tectmician show his frustration with efforts to communicate to the contractor and,
engineering department. Subsequent to my review of this matter the test technician was reprimanded for '
his efforts lo control turbidity. This action was later reversed by a City,Commissioner.
, ,
Tests were taken al three locations where roads cross. Each data sheet reflects one site. The three barS on
the chart show the background test reading, the+ 29 NlU allowable turbidity, and the compliance or actual
reading downstream from the project. Background readings were consistently low at the farthest upstream
location. High ba~kground readings,where measured,are indicative of work being done upstream from th~,
background test Slte. , '
o b servattons
Prior to the beginning of any work on Ph~ 1 citizens efforts had cleaned up the creek and forced the city
to correct some bad plumbing. TIlcse actions and reduced rainfall had resulted in improvements in the '
waler clarity. Increased nwnbers of many species of fish were seen in the creek for the firsl time in a decade
or more. Native vegemtion was expanding in area. Manatees began migrating back into the creek to about
one mile inland. Huge schools of immature fishes were commonly seen by 1991. Large schools ofmulJet,
snook and trout attracted many sport tishennen and commercial fishermen. Then charmel was navigable by
small boat at mid tide.
JUst after the beginning of the Phase I project by Scarboro Construction in May 1991 the water colWlUl
became very turbid and has remained so until the present time (January 1993). Nearly all tish have left
creek system. Large mud bars have accumulated in the estuary and have changed the channel morphology.
Navigation of the channel is now impossible without causing "prop dredge". SeveraJ huge mud flats are
visible at low tide.
An extensive mud bar or alluvia! delta has began 10 migrate into CleiUWaler Harbor. R.ain.slorms on severa!
occasions were plainly seen to cause the, transport oflong colwnns of "smoky" dark mud far out into
Clearwater Harbor towards ~t. J~iPh Sound. Work in the channel was seen 10 proceed during rain events. '
The shoreline ofCtearwaler.:r,~~ame dark gray within a week 'of Ihe stann events and remained so for
weeks. These events were reported 10 ClelUWater Environmental Department. '
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TBRPC Revt~w Fort<:art AcCuracy
In the review of Phase ,I of tile Stevenson Creek Flood Control Project (Clearinghouse Review, 10/30/89,'
IC&~ #217.89), the Tart;lpa Bay Regional Planning Council commented: . ,
Realigrnnent of the creek will eliminate existing resources
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further hardening and channeling of Stevenson Creek may promote sedimentation in downstream,
systems inchiding developed areas an'd st: Joseph Sound ' ' ','
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These comments have proven to be very accurate. The reoommendations ,suggested by TBRPC, were not,
, implemented, i.e. Hardening was not e1iminated where possible., Restoration ofhabitat was never
considered. Mitigation compensation 'was of the least amount possible., No chemical analysis of sediments
was,ever done. . '
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'Stevenson Creek - High Turbidity Incidents'
January to May 1.992
Data compiled by City of Clearwater
Requirement of DER Permil 1521619369
Turbidity in Nephelor:netr;c Turbidity Units (NTU)
BackGround. Test before construction location
Compliance - Test downstream from construdion
, Palmetto Sl Test site 86+08 . 4G+ 75
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Date
01/06192
01/07/92
0'1/09192
, 01/31/92
02104192
02105192
02107/92
,03116/92
0'3131/92
04108192
04108I92
04109/92
04/14/92
t'~1b s-r
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BackGround Compliance
, 4.50 39.50
4.32 43.10
4.08 33.40
2.92 56.40
6,26 ' 32.10
34.60 141.00
36.00 ' 51.00
6.15 47.70
,5.,20 32.10
24.20 146.00
23.60 159.00
27.30 83.30
8.60 55,60
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High Turbidity, Incidents 1992 I Palmetto Street
160.00
140,00
::> 120.00
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:e 60.00
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Drew Sl Bridge Test site 103+08.81 +91
, Date . BackGround Compliance
03127/92 2.60 42.90
04/06192 3.20 56.30
0~/08l92 2.98 34.40
04f08l92 2.70 30,20
04109f92 3.30 76.10
04110192 3.30 97.30
04110192 3.80 32.10
04(13192 3.53 4' ,60
041'4192 5.40 71.90
04/15/92' 3,50 68,70
0.4/15192 3,'0' 75,70
04/16192 3.50. 200.00
04116/92 2.70 40.'0.
04/31192 3.70 82.70
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St,even50~ Creek ~ High Turbldlty'ii1~lde~ts
January to May 1992
Data compiled by City of Clearwater
RequiremJlnt of DER Permit 1521619369 ,
Turbidity in Nephelometric Turbidity Units (NTU)
BackGround. Test belore construction localion
Compliance. Test downstream from construction
High Turbidity Incidents 1992 I Drew Street
200,00
180.00
160.00
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Z 120.00
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Compliance
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Stevenson Creek - High Turbidity Incidents
January to May 1992
Data compile~ by CIty 01 Clearwater
Requir~menl of DER Permit '521619369
TurbIdity in Nephelometric Turbidity Units (NTlJ)
BackGround. Test before construction loca.tion
Compliance'. Test downstream from construction
Cleveland Sl Bridge, Test site 103+080.81 +60
, '
Date
02104192
02105192
02107/92
02107/92
0211 0/92
, 02110192
02111/92
02/11192 .
0211 1/92
OGl1 2/92 :
02/12192
02113192
02/14/92
, 02/25/92 '
04/07192
04108192
04120192
04122/92
BackGround Compliance
3.38
5,17
5.00
6.00
.. 2.85
31.50
3.02
2.86
. 31.50
11.20 '
11.00
10.00
7.30
54,50
8,60
2.98'
4.40
3.90
ZOO.OO'
49.00
185.00
33.00
173.70
52,70
200.00
142.20
52.00
49.00
36,30
200.00
, 32.20
71.20
200.00
26.00
46.00
53.60
High Turbidity Incidents 1992 I Cleveland Street
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CITY OF CLEARWATER
Interdepartment Correspondence shee~
TO:
William C. Baker" Director 0-.[ Public Works J ~
'rerry Finch"" Environmental Program supervisor$
FROM :'
COPIES:
Kathy Rice, Deputy City Manager
Torn Miller, Asst. Director of PW/Environmental
Michael Quillen, ~ater Resources Engineer'
SUBJEC~: NPDES Municipal Coordination MeetLng
DA.TE:January 7, 1992
The 'subject meeting was held with Pinellas County and other
municipalities on January 5, 1993. Attached for your review
information s' a copy of' 'the agenda for that meeting and the
m~~utes from the previous mee~ing of December, l, 1993.
The following represent~ 'issues or actions raised by ~genda
discussion:
and
"
1.
Approval of/Corrections to December 1, 19,92
- Minutes approved 'as presented.
2.
Source Identification: Progress
~ Of 1300 letters questionnaires sent to' ~industrial
facilities", approximately 23% r~sponded with varying levels
of detail. These "industrial f~cil{ties~ will '~~ added to
the GIS database. A no. further action will be ~dken'with
re~ard to notification of these facilities. ,
,'- The mapping effort for Part, 2 is 22% complete; however,
with ,present staffing levels this task will not be completed
by the May submittal deadline. Jeannie Mcneil has indicated
that this will be acceptable as long as effort has been
demonstrated.
")
3.
Scope of Consultant Services: Status
- Scope of services for IIdischarge characterization~ has
,passed ~hrough County in-house review and will be put 'out to
short listed consultants.
-,.
" I
; . 4.
,
Role and Responsibility of Each'Legal Entity
- Tabled, due to need to define management programs' prior to
determination of roles and responsibilities.
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w. C. 'Baker
NPDES Municipal Coordination Meeting
January, 7, 1993
...
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6.
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,5. Legal Authority Committee: Update
- Alternatives of 'legal authority/stormwater ordinance were
presented to Fred Marquis~ Mr. Marquis would like to have
the cornmitt~e members and staff "buy inlt to 'an ordinance
that can either be adopted in whole or incorporated into
existing ordinances before it is presented to 'City Managers.
The~ust published Part 2 Guidance Document re~ognizesthat
this'legal authority/ordinance might not 'be in,place by the,
submission deadline. 'Joe Morrisey presently working' on a
framework for ordinance based on Pinellas County',
pretreatment, ordinance.: This ~rdinance will satisfy the
MINIMUM required by legislation, and no more, ie. will
sati'sf'y protection of MS4 systems only,. and will prC?bably be
a no permit, no discharge process.
"Techn~cal Manage,ment Coinmittee" 'Concept
,,-,Carried forward, see item ,7 of'December l, 1992, minutes.
Guidance Manual: Discussion
- Commitment from members'to'review a forward any comn\ents
to Don Moores before February meeting.
Miscellaneous
No comment.
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NPDES PART, TWO REQUIREMENTS
"
1. Demonstration of adequate legal authority to
A. control discharges
B., prohibit illicit discharges
C.' require compliance ,
D. carry out inspections, surveillance,
and monitoring.
2. Source identification indicating the location of any major
outfalls and inventorying the principal products or services
, prqvided . by each facility disqharging storm water associated
with industrial activity to the municipal separate storm sewer.
,A. Methods used to gather data
B. Methods proposed to update data
C. List of sources by subbasin .
3. Discharge characterization data including:
A. quantitative data from 5-10 representative locations
in' approved sampling plans;
B.' for selected conventional pollutants and heavy'
metals, estimates of the annual pollutant load and
event mean concentration of system discharges;
c. proposed schedule to provide ,estimates of seasonal
pollutant loads, and th~ mean concentration for
certain detected constituents in a 'representative
storm event, and '
,D. proposed monitoring program for representative data
collection.
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(2) planning procedures to
enforce controls for areas
significant redevelopment;
develop "
of new
implement,
development
and
and
4. Proposed management program including descriptions of:
A. structural and source control measures that ,are to be
implemented to reduce pollutants in runoff from commercial 'and
residential areas including: '
(1) maintenance activities;
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(:3) practices for 'operating and maintaining pUblic
streets
(4) procedures to assure fl60d management projects assess
impacts on water quality;
(5) program to moni tor pollutants in runoff from
'operating or closed municipal landfills (or other
facilities for municipal waste); and
'!
(6)' progr,am to reduce pollutants in discharges associated
'with the application of pesticides, ~erbicides, and
fertilizer;
B. program to detect and remove illicit discharges including:
(1) program to implement, and enforce an ordinance or
order;
I
1
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(2) procedures to conduct ongoing field screening
,activities;
(3) procedures to be followed to investigate potential
illicit discharges;
'.
, ,(4) procedures to prevent, contain, and respond to spills;
(5) pr9gram to promote, publicize, and facilitate public
reporting; ,
(6) educational activities for management of used oil and
toxic material; and
(7) controls to limit infiltration of seepage from
sanitary sewers;
c. Program to monitor and control pollutants from municipal
landfills; hazardous waste treatment, disposal, and recovery
facilities; SARA Section 313, Title III facilities; and
other priority industrial facilities including:
(1) priorities and procedures for inspection and
enforcement;
(2), monitoring program; and
(3) program to implement and maintain structural and
non~structural BMPs;
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D. 'program to control pollutants in construction site runoff
including:
(1) site planning requirements;
(2) non-structural and structural management practices;
.(3) procedures for identifying priorities for inspecting
sites an~ enforcement actions;
(4) educational and training measures for' construction
site operators.
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5.' 'Estimat~d redu'ction in' loadings of pollutants as a result' of
~he management program; and
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,Fiscal, analysis of necessary
, maintenance ~xpenditures.
capital
and
operation
and
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. '7,.
Description of the 'roles and responsibilities of each legal
entity submitting an application, and procedures to ensure
effective'coordination. '
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PEMWATER873a
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EXII r.I.rrr n
LEGAL AU'l'HOIUTY ALTERNATIVES '
, ,
.The Legal Authority Subcommitte~ met on November 19, 1992 and
developed two promary alternatives to dealing with the question of
enforcement of the NPDES requirements. There are inurnerable
,varia~ts of each ,and flexibility is essential.
AL'l'ERNA'l'IVE OI~E
1. Pinellas' County adbpts an ordinance which embraces the
entire county (PCe).
2. The pea is used as a model for municipali~ies ~hic~ wish
to participa te. "
, '
3. The PCO requires discharge permits for all inputs into
th~ MS4 system operatea by, the County.
4 .
:Discharge standards rire the to~icity relited elements of
the Florida Administrative Code.
,. "
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The pca, issues a general permit (no paperwork) to all MS4'
,operators whichdischa.rge to the County, system upon
addption of a resdlution,o~ MOD' by the discharger:
, to pursue violations ~p-pipe when they are
ipenti f'ied by the County,', the Hurlicipal {ty I 'or .the
state; and
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to enforce the discharge limitations within their
jurisdiction.
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The pca shall provide an opportunity for any municipality
to elect to not be ~mbraced by the peo but, should that
occ~r, the municipality general ~ischarge permit shall
not ~e' in force'and the discharge will be required to
meet discharge standards or the MS4 operator will, be in
violation of the PCO.
NOTE: As each municiipality adopts their version of ~he pea,
the roles are ~eversed between, the, County and'the Municipality.
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PEHDERl1 21 J
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l\LTERNl\1'IVE THO
~ineilas County adopts an ordina~ce which embraces the
ent!re county (PSO).
.
The pea is used as a'~odel for municipalities whiph wish
to participate.
The PCD requires all discharges from any property, either'
,into any MS4 system operated within the legal boundaries
'of the County or,to the surface waters of ,:the county,' to
meet discharge standards. '
Discharge standards aie the toxicity related elements ~f
'the Florida Administrative Code.
5. Each participating municipalit~ will adopt simil~r
ordinances.
, '
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Each p~rticipating municipality will submit, as part of
their, PART 'II appl ica tion" a program cammi tting to:
pursuing'violations up-pipe ~hen they are id~~tified
by the County, th~, Municipality, or the state; and
enfor~e the'd{sch~rge ,iimitations within thei~
jurisdiction. ' '
, ,
The pea shall provide an opportunity for any municipality
to elect to not be embraced by the pca but, should that
occur, the Nuniriipality must adopt a municipal code which
is at least as strict as 'the peo and the municipality
must enforce its own code and will be subfect ~o
enforcement by any other MS4 operator should the quality
of the discharge fall belo~ the peo standards.
. . .~
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PEl1DERN 213
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CITY OF CLEARW^TER
PUBLIC 'WORKS DEPARTNENT/ENGINEERING '
SENDING LOCATION FAX NUMDER: (813) 1162-66111
,
OFFICE TELEPHONE NUMBER: (813) 1"62-6970"
" TO:
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LOCATION: CJ7 ;m~~
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FAX NUMBER: ,~ 7.2 D
FROM:
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DATE:_ )-;:- 4-1-3
MESSAGE:
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NUMBER OF 'PAGES TillS HESSAGE (INCLUDING TIllS COVER ,PAG'E)
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FAX ME S S A G,E
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CITY OF CLEARWATER
PUBLIC WORKS DEPARTMENT/ENGINEERING
SENDING LOCATION FAX NUMBER: (813) 462-6641
OFFICE TELEPHONE NUMBER: (813) 462-6970
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MESSAGE: dw~~.
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NUMBER OF PAGES THIS MESSAGE .<INCLUDING THIS COVER PAGE) '3
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17 Jan 93
thought~ seem t~ be h~ading toward four
five VG' s--absol LIte max) wh ich fTlE\Y have I:clnten'h i I a/w
following.~.to be established by EAC @11 Feb meeting.
me know your content guidanc~ thoughts ,and confirm our
~ogetheY plan for 11 AM Wednesday 27 Jan.
Draft Inputsfo~ 16 Feb Presentation to Commission
(N':fmin~11' fot"mat.. .20 min+qLlest Mi 11 ar. . . 10 min+Q EAC)
"
\
VG #l....EAC RESPONSIBILITIES
+ Provide citizens insight to City Commission and Staff on
environment~l activities within and affecting the City.
+ Identify an~ aS$ess,~ignificant environmental objectives.
+ Review andpro~ide t"ecommendati6ns on ~elec~ed projects.
,
PRIOR 1992 RECOMMENDATIONS...~,'.(Alltopics) .
+ Empha~ize reduction of pollutant discharge into harbor
.
+ Uti~ize' occupational license requirements to ~nforce
envi~onmental require~ent ~9mpliance within Clearwater.
. '. ~
'of- Enfor.:e Sign, Environmental rules and Watet"ing reqmt"5,
+ Maintain, expand an~ improve: existing park~ and
retention areas in anenvironment~lly sensi~ive mannet"~
+ Continue efforts to utiiiz~ re~cycled waste water
,VI3 #2. .'. CURRENT, RECOMMENDATIONS.. ~ (WATERSHED Emphasis Focus)
+ ~ity emphasis on moving fo~ward as rapidly as possible
on the Mid-Pinellas Regional (Watet"shed Management) Plan.
+ The EAC continues to recommend initiation of enforceable
regulations p~ohibiting contaminant discharges into the
stormwater system (via streams as well as pipes). Legal
authority ~acommendations have been provided to NPDES via
City Staff. City attention to improved contt"ol of discharges
at its own truck maintenanc~ areas would set a good example.
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" + Emphasis on physical erivironmental improvement efforts
as soon ~s requisite permitting can be achieved. (This may
entail selected effot"ts within Clearwater preceeding County-
wide Objectives such as support of AlIens Cree~k efforts.)
Total AlIens Creeek Alt #1=$27M; Art #2::':$"lGM;"Alt 1t3::.:~!i67M..
+ Emphasis on reduction of water run-off quantity problems
through t"etention ponds and flow attenuation, in' preference
to concrete channels which cannot enhance water quality.
(Capita~ fun~ expenditures should be directed at acquisition
of property for establishment of additional ietention ponds
and the elimina~;ion of lawsuits fel)" strul:tur,al fll:II::.ding.)
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17 Jan ''33
Page 2
VG#3....C~RRENT RECOMMENDATIONS.. ..... COther/Admin Issues)
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+ City establishment of, a commendation award program
providing for public recogrition and patronage of
environmentally aware (green) businesses.
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+ Increas8d publicity addr~ssihg pollution of st6rmwater
iystem, by citizena ill-advised contaminant dis~harges. (The
EAC'reitterstes its willin~ness to support city sponsored
publ Ie updates ,;:.f f:!nvirl::.nmental issLles.') Convenient ,
procedures ,for disposal of hazardous materials arerequired~
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+ Expand the succes~ful (st~tus???) curb-side,recycling
pick-;up prl~gl'"am'to enconipass additional ar~as,.
+ City'end6rseme~t of de~irable'envirorimental programs,
requiring state 'legislative action for impleme~tatio~.
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VG4t4. ~. CURRENT PRIORITIZATION EMPHASIS.... (F'easible scope)'
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+ Concurrence wi~h Storm~ater Utility Fund useag~ plan???
+ Recommended additions/l'"e-prio~itization/del~tion~???
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+ Short-simple non-ambiguous ccintaminant dis~osal,
procedures/stations provisions for citizens??
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+' Oppose continuation of Stevensons cr~ek flood control
, only effort pending water quality considera~ions??
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+ Implementati6n of law suit redu~ti6n activitfes...'
Storffiwater' erosi on of pr i'~ate property??
Gas~ification Plant ecological Clean-up??
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Minutes
ENVIRONMENTAL ADVISOR Y COMMl1~rEE
December 9. 1.992
Members Present:
Chairman Mr. Hunt, Ms. Melkonian nnd Messrs. Foley and Davis
Member Excused:
Ms. Donovan ~lI1d Ms. Garris
Members Absent:
Ms. Lanza
Also l)resent:
T. H. Miller, Assistant Director, Public Works/Environmental; Tc;rry Finch,
Environmental Program Supervisor, Michael E. Ouillen, Water Resources Engineer,
llnd Viola Wasilewski. Recording Secretary. '
The meeting was caned to order al 4:05 P.M. by the Chairman, Mr. Hunt, in Conference Room B in the City
Hall Annex on OClober 7. 1992. '
I. ROUTINE AGENDA
A. REVIEW MINUTES FOR APPROVAL
MOlion was made by Mr. Foley to approve minutes as submiltcd~ and seconded by Ms. Melkonian. The motion
carried unanimously.
n. CONFIRM AGENDA
No changes to the agenda as presented lo the Environmental Advisory CommiUee.
C. Illtl'odllCC new members
Mr. Hunt notified the committee that the a new member'had been selected, a Ms. Ina Sharpe. All members
look forward to her ~Iltendance at future meeting.
,11. Old Business
A. By hnv Revision
Mr. Davis made a motion that the Bylaws be chunged to read'''Each offieer shall be elected for the term of one
(1) year. The chairman shall nol serve more than two consecutive terms of office during appointmenlto the
committee." Seconded by Ms. Melkonian. Motio~ passed unanimously.
n: Ollicer Nomlnntlons llnd elections
Mr. Hunt opened the Ooor for nominations for next year chuirmon. Mr. Foley nominated Lisa LanZa, however
there was no second. Mr. Davis nominated Mr. Hunt. s(~eonded by Mr. Foley. No other nominations for
chairman. Malian was made to close. Nomination were opened for Vice-Chairman. Mr. Hunt nominated Mr.
Foley, seconded by Ms. Melkonian. No further nomination. motion was made to close. It was clected that Mr.
Hunt be Chuirman~ and Mr. 'Foley be Vice-Chairman. Motion carried unanimously.
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Wlltcr:;hcd Mllnngcmcnt Plun Endllrscuumts
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Mr. Hunt hrought the commiuee's allention to his mcmo of December 2, 1992, referencing to initiating priority
to environmcntal imp~ovement actions. Mr. Miller itemized pn:sent priorities, and stated that a list of projects
cxist that need to be resolved, tbnt arc presently being accomplished on an internal priority basis. A discussion
ensued on the resolutions presented by Mr. Hunt, and a decision was mllde to combine \)oth resolution. A
motion was made by Mr. Davis thnt "Cle:lnvater 5hclllld prioritize its environmentHl efforts and may rank other
efforts ahead of immediatc compliance with any COlmty recommendations. In addition, Clearwater should
emphasizc initiating actual physical environmental efforts." Moved and seconded. Motion passed unanimously.
. Thc next issuc discussed was environm~ntal improvements in Downtown Clearwater. Mr. Hunt referred to Mr.
Miller statements at previous meeting about various options to enhance downtown area. Mr. Miller stated that
thc City would like lO go with a regional lake lype system for downtown, with a central park theme.
Environmental management is concerned as to what is being discharge into Clearwater harbor, and the
presented system would treat thci water before it would run.off into the harbor. A motion was made by Mr.
Davis to accept Mr. Hunt's resolution, with amendments, to read t'Clearwater should expend appropriate
Stormwater Utility funds to definc feasible regional water quality environmental improvements int he Downtown
(Harborsidc) area and generate potcntial action plans." Moved and seconded. Motion passed unanimously.
Mr. DllVis jnquir~d if there has been allY further discussio~ about the decision on the landscaping of R.O.W. on
U.S. Highway 19. Mr. Miller stated that Mr. Ouillen is looking into this issue. Mr. Miller notified, tile
commitlee of the problems presently existing with the enforccment of the new sign ordinance, and how it is
affecting the survival of trees.
111. New Business
A motion was made by Ms. fylelkonian, La hold meetings on Thursday insteud of Wednesdays. Motion passed
unanimollsly.
A. Stntus Update
Mr. Quillen prcsented the members with some details on the design plans for the stormwater run-off control
at Druid Road and Arcturas Avenue. He e},:plained the various designs thut were considercd for this project,
with the importance of taking into consideration the erosion sedimentation problems that currently exist, Mr.
Quillen gave a brief description of the conceptual plan, and stated since the City owns land at the bridge sitc,
it was decided to crcate nn off. line detention pond, and provide a littoral planting area. The sitc will include
lhc bridge replacem,ent work which wiII slightly change the direction of now. The design will also minimizc
erosion and trap sediment. Environmental Management will lake the opportunity to add some environmental
enhuncements Lo the project. A discussion ensued. Mr. Miller stated that the present plan is more pcrmitable.
With thc present design, there will be accessibility for city crews to maintain the pond.
U. County CordinuUou lssucs/NPDES stutus'
, Mr. Millcr reviewed the status relative to the National Pollutant Discharge Elimination Systcm (NPDES) Permit
applicatiun that' was Jilod on May 18, 1992. Wheil this informntion was presented last year, it was presumed it
would be an improvement to the City of Clearwater's Ordinances, particularly in the urea of stormwuter control.
Response has not been n.~eeivcd from EPA on original submittal. EPA has acknowledged that their main
concern is improving und maintaining water quality issues. Mr. Miller gave some information on PartH of the
NPDES. The committee thut designed thesc alternative is being requested to give a presentation before the
Bonrd of County Commissioner carly in January, recommending alternatives at that time. It has been
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rccommcnded that a group effort move Corward to develop u stormwatcr ordinuncc. Counties and Cities have
~sked that thcse alternative be presented, llnd recommendations be mude. Mcm~crs received copies oC the
alternatives.
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Mr.Millcr presented Ms Finch, Director of the Watershed Divi~ion lUHJ in charge of NPDES efforts. Ms. Finch
proceeded to give some background on the issues on the' NPDES ordinance. Ms. Finch defined that Alternative
One discussed discharges to the stormwalcr system onlYt where Alternative Two talks of discharges to surface
wllters of the U.S. or stormwatcr systems. Ms. Finch presented the difference between the NPDES and
Watershed Management Permitting, and a sketch describing the various discharge systems. NPDES docs not
give the City authority to regulate what is being discharges into the streamt whereas Watershed Management
give the City authority to regulate what is being d~scharges into the streams. Ms. Finch discussed the negative
resulLs of the alternatives as presented. A County wide ordinance as presented, would not necessarily address
all of ~ily's concerns. A discus~ion' ensued. A discussion followed regarding Cees for discharge permits. Mrs.
Finch believes this process should be part of the Stormwater Utility Fee, not an additional charge: ,
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EAC endorses the selection of ALTERNATIVE TWO, items 1,2,5, and 7, and with amendment to items 3 and
6, as Collows:
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3.
The pca requires all discharges Crom any property, either into any MS4 system operated within
the legal boundaries of the county or to the surface waters of the County to meet State Water
Qu'ality Standards. '
6.-
Each participating municipality will submit, as part of their Part U application, a program
committing to:
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pursuing violations when they are identified by the County, the Municipality, or the
State and prohibiting discharges violating State Water Quality 'Standards within their
jurisdiction.
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The next meeting is now scheduled for WedncsdnYt December 9t 1992 at 3:30 P.M.
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MOlion was made for adjournment at 6:30, and seconded by Ms. Melkonian:
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Respectfl111y,su~miUcd by Viola Wasilewski, Staff Assistant II.
Attachments:
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10 DeceOlbei'r 1992
TO: Clearwater City Commission
P.O. Box 4748, Cleaiwater, Fl. 34618
FROM: Environmental Advisory Committee (EAC)
SUBJECT: EAC actions at 9 December 1992 meetirig.
1. EAC Recommendations
Clearwater 'Sh'='Llld prir:,'l'"i'tize' its environmental efforts.
and may rank other effor~'s ahead of immediate compliance
with any County 'recommendations. , In addition, Clearwater
should ,emphasize initiating actual physic~l environmental,
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Clearwater should expend appropriate Storrnwater Utility
fu~ds to define feasible regipnal, ~ater qualit~ environ-
ment~i improvements in the Downto~n <Harborside) area and
generate potentIal action plans.
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Relative to the NPDES ordinance enforcement' altern-
atives as,defined in 'document PEMDERM 213:, Cleaiwater'
should 'support selection of ALTERNATIVE TWO items 1~'2+5+7
~nd'mqdified restatement~ of 3 and 6, as follows:
3. The peo ~equires all discharges from'any propel'"ty,
either into any MS4 system operated within the legal
bC'Llndar ies of the county or ,to the SUY fa'ce waters of
the County to meet State Water quality Standards.
6. Each participating municipality will submit, as part,
'of their Part II application, a program c~mmitting
to:
..pur~uing violations when they are id~ntified
by the COLlnty, the ,MLlnil:ipal ity, Qr' the State
and prohibiting discharges violating St.ate
Water Quality S~andards within t~eir Jurisdiction.
2. Comprehensive Water-shed Management Pl,an status Update. '
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The EAC endorses the initial design plans presented for
snviYOllmental improvement and stormwat,er run-:-off l:ontYol at
Druid Rd. and Arcturas Ave.
dM)~.
Har'_1 d W. Hunt
EAC Chairman
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T. H. Miller, Ass't Di~. PW/E~vironmen~al
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ATTACHMENT II
7, J"'rluf;\'.Y 1993
LONG TERM AGENDA.... (REFERENCE INFORMATION)
A. Planned Meeting Dates
11 February 13 M8Y
11 March 10 June
8 April 8 July
B. Cur-rently Recommended Use of Stormwater Utility F'unds
+Storm 'Drainage R&R (Arctuyas Pond@Cleveland)....$
+Habitat Restoration and Improvement (Various)...$
+Clea~water contribution to prior Count~ expend-
itures in preparation of Allens Creek Plan....$
+Stcirm~ater Qualitylmprovments required by
EPA/NPDES (addt'l operational staff reqm'ts)..$
+Mid~Pinellas Comprehensi~e Watershed Mgt. Pl~n..
~ CClwtr providing 1/2 est $800,000 plan cost)..$
+Allens Creek Water- quality improv physical effort
, at Druid Rd./Arcturas Ave. (Bridge and culvert
repairs accompl;shed utilizing:other funds)...$
+H~rborside Ponds Pr6ject......Prelim Plan funds.$
(PW recogni~es fund~ reqm't for $1-10,000,(00) ,
+Continuing'accr-ual of funds ior future physical
efforts when plans/permitting available.......$
(May include Storm Drainage/Purchases e~c)
Available Budget' Utilization
500,0(>0
25,000
115,000
100~OOO
400,000
60,000
,100,000
500,000
!!; 1 , 800, 000
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C. B~ainstorming Issues...(ss Identified Aug~Nov 1992)
Wate~ Relat~d Issues
+ Utilization of stormwater assessment funds (status/plans)
+ Water reuse (Conservation) *75X water use=crop irrigation
+ Evaluation tests for alternative storm water trap designs
+ Reduction of fer~ilizers entering storm run-off system
+ Trash ~nd weed reduction along Alligator Creek .
+ Improved Clearwater Beach drainage
+ Downtown drainag~ pond aesthetic improvements
+ Responsibility for Stormwater erosion of private property
(Insuffficient Retention pond' attenuation of run-off)
Ecological Activities
+ Expanded green space and tree replacement
+ Coopers Pcdnt plreservat ion and reduced Sand I(ey mowing
Administrative' Activities
+ Regulation En10rcement Implementation (licensing/Code)
+ Promotion of Clearwater as environmental Mecca
+ Cost effective coordination of'titY-County activities
+ Oppose' ~eduction of public access to Gulf beaches
+ Expanded zoning ~egulations,along roadways
+ Inc~usion of environmental iss~e publicity in city bills
+ Expanded publicity favoring solar power and natural gas
+ Ident. of Programs requiring State Legislature Action
+ Implementation of Gassification Plant eC91ogic~1 clean-up
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ATTACHMENT C
AIJTERNATIVE TWO
l. pinellas County adopts an ordinance which embraces the
entire county (PCC).
2. The pca is used as a model for municipalities which w~sh to
'participate.
3. The pca requires all discharges from any property, either
into any MS4 system operated within the legal boundaries of
the GountY.",2E",Jg""~,h..~..:.,,~,~,;;!}:l~.~~,,..~aters of the County, to meet
diDoha~ge $.:~~:t.':~,F:w~t;$:;/~:QAClit\i;;i::yr! Standards.
..':"; ....-v...,...,;>.., .... ...-;<.x..... ..(.. ....."iI...... ~"...~..........'. .."-.~....'.................... c. ,";.,."" .
4 bioahargo Gt3nd~rdo arc tho toxicity rolatod'olcmcnto of tho
Florid~ ^dminiD~r~tivc Code.
5. Each part'icipating municipal! ty will adopt similar
ordinanl:es.
6. Each participating municipality will submit, as part of
their PART II application; a program committing to:
pursuing violations up pipe when they are
identified by the County, the Municipality,
or , the state; >:,:<,~~,q:,H,B!.};f.,?t~\,.<!:h~s,..<,,<;!/~g,Rh~'<<7}1,9,"1>:'*""""':"'>"
limitatioRD p~oliiB~~in~ta%scha~~e~&~x~]at~rt~
, ~~~~;!M~~~~~~~gg:~:~:.gx~1'~:~;~:~hq~);:.q:~I~~1:""';wit'flln'~~theT'r'.$>:"""
7. The pca shall provide an opportunity for any municipality to
elect to not be embraced by the pca but, should that occur,
the municipality must adopt a municipal code which is at
least as strict as the pca and the municipality must enforce
its own code and will be subject to enforcement by any. other
MS4 operator should the quality of the discharge fall below
the pca standards.
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ATTACHMENT D
OPERATING BYLAWS FOR ENVIRONMENTAL AIJVISORY COMMI1TEE
, ADOPTED BY TilE CITY COMMISSION .ON JULY 19, 1990
MODIFICATIONS 'fO BYLAWS RECOMMENDED BY COMMISSION ON JUNE 29,1992
AMENDMENTS RATIFIED BY E.A.C. ON DECEMBER 09, 1992
I.Mcmbcrshlp nnd Terms:
, Staff recommemls that a body of t~n (10) citizens who arc permanent residents of CI~nrwater be appointed by
the Commission. Following an ndvertisement for interested parties filed by the City Clerk, a pool of interested
citizens will be developed, Each Commissioner will appoint one (1) representative for n ~-year term. The
remaining five (5) members will be appointed by a vote of the full Commission. Three of the live (5) members
'selected from the pool and affirmed by a vote of the Commission shall serve for a 2-year term. Two (2)
remaining members selected from the pool and affirmed by a vote of the Commission shall serve for a l-year
term.
I1.Mectings, Officers nnd Rules:
(a)The committee shall meet quarterly and at such other times as the board, by majority vote, may find
necessary. Not more than one regular meeting per month shall be routinely scheduled. (Amended and
Approved by E.A.C. August 19, 1992)
(b)The committee shall select n chairman, vice chairman and such other officers as it may find necessary, from
its membership. , '
(c) The committee may adopt such rule of procedure as it finds necessary, which shall not be in
conflict with Florida law or ordinances of the, City. Standing subcommiltees shall not be
established. (Amended and Approved by E.A.C. August 19, 1992)
(d) &Gh uffic6r r.hall &or/~ for a torm..-ef..e.ne-yaar. The- Ghail'mflR shah be limited to a one year
~rnCB and !;haU not sorve-GGn&oc\llivB termE: of ohico during :Ippointmont to tllB
-oornmiHeB, (Approved by E,,^..C. May 15, 1991)
:bl'flccfs;;'sll'al1 ~;b'c';'olect&t::r6i:i"",fc6u;:or~(me::i(ir:''6iftmrHefelmrrmfi'Of~np.lli;~:aC~~rye::%orc::'tllii'n
I~~;;~9.n~~.~q.~Y~:J~r~~:!~:i:,(i.Yp.p.Iqy~~':;~r::g~;:gi~j~:M~~l::2r~Q.~~r"w~"";>""JL,>"...~.,:,;,, ", ,,", ,'". ,,<<;..',':,,;
III. Rcmovul:
The City Commission shall have the power to remove any member oC the Clearwater Environmental Advisory
Committee for misconduct, any conflict or neglect of duty. In addition, the City Manager shall have the power
to remove any member because of the unexcused absence of the member from meetings of the Committee as
provided, in Section 22.06 of the City Code (Le., three (3) unexcused absences in a calendar year).
IV. Duties:
The Environmenlal Advisory Committee of the City of Clearwater shall provide citizens insight to the ,City
Commission and City Starf on cnvironmental activities and issues within and affecling the city. Thc committee
wilt idenlify nnd assess significant environmental objectives and review and provide recommendations on selected'
projects including any designated by the commission~ (Amended and Approved by E.A.C. August 19, 1992)
City Staff support will be utilized in categorizing issues and prioriti7jng resulting recommendations for
Commission action. Requests for information and staff work shall be by consensus of the Committee and in
keeping with the Cily Commission policy regnrding projects and requests for staff work, i.e., staff projects or
reports genernted at the majority request of the Committee requiring more than eight (8) hours of work must
also be approved by u majority vole of the City Commission. (Approved by E,AC. June 10, 1992)
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ENVIRONMENTAIJ ADVISORY COMHITTEE
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Me~t:ing Date:
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Interdepartment Correspondence Sheet
TO:
William C. Baker~ Director of Public works , J~
Terry Finch, Environmental Program supervisor~
FROM: "
COPIES: Kathy Rice, Deputy City Manager
Tom Miller, Asst. Director of PW/Environmental
Michael Quillen, Water Resources Engineer
SUBJECT: NPDES Munic~pal Coordination Meeting
DATE:, January, 7, 1992'
~he subject meeting was held with pinellas County and qther
municipalities on January 5, 1993. Attached for your review,and
,information s a copy of the agenda for that meeting ,and 'the
minutes from the previous meeting of December I, 1993.
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The following represents issues or actions raised by agenda
discussion:
1. " Approyal of/Corrections to December 1, 1992
- Minutes approved as presented.
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2. Source Identification: Progress
- Of 1300 letters questionnaires sent to "industrial
faeili ties" , ~ approximately 23 % responded ",.i th varying leve;.s
of detail. These' "industrial facili tieq"v ;.,.i11 be added to
the GIS database. A no. further action w~ll be taken with
,regard io notification of these facilities.
- The mapping effort for Part 2 is 22% complete; howevert
with 'present staffing levels this task will not be completed
by the May submittal deadline. Jeannie Mcneil has indicated
that this will be acceptable as long as effort has been
:demonstrated.
Scope of Consultant Services: Status
-,Scope of services for "discharge characterization" has
passed through County in-house review and will be put'out to
short listed consultants. ,
3.
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4. Role and Responsibility of Each Legal Entity
- TaBled, due to need to define management programs prior to
determination of roles and responsibilities.
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to
w. C. Baker
NPDES Municipal Coordination Meeting
January 7, 1993
, ,
Legal Authority Committee: Update
- Alternatives of legal authori ty/stormwater ordinance \',l~re
presented to,Fred Marquis. Mr. Marquis would like to have
the committee members and staff "buy in~' to ,an ordinance
that can either be adopted in whole or, incorporated into
exist~ng ordinance~ before it is'presented to City Managers.,
The just published Part 2 Guidance Document recognizes that,
this legal authority/ordinance might not ~e,in place by the
submission, deadline. Joe Morrisey presently working on a
f~amework for ordinance based on Pinellas County "
pretrea~ment ordinance., This ordinance will satisfy the
MINIMPM required by 'legislation, and no more, ie. will
satisfy protection of MS4 systems only, and will, probably be
a no per~it, no discharg~ process. ' '
"Technical Management COinmittee" Concept
-Carried forward, see item 7' of December'l, 1992 minutes.
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5.
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, 'Guidance Manual:, Discussion
- Commitment from members to review a.forward
to Don Moores Defore 'February meeting.
any COinments
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8. Miscellaneous
- No comment.
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CITY OF CLEAUWATER
Intcl'dcpllrtmcntul Mcmorundum
ADM02-06.()2
TO:
Michael J. Wright, City Manager
TIIRU:
W.C. Baker, Publie Works Director
FROM:
T.H. Miller, Assistant Director, Public Works/ENV
COPIES:
Kathy S. Rice, Deputy City Manager
Terry Finch, Environmental Programs Supervisor
DATE:
December 15, 1992
SUUJECT:
,NPDES Part II Permit Application; Legal AUlhority i
Lust May, the City of Clearwater submitted in conjunction with Pinellas County and other local municipalities,
the NPDES Part I permit applieution to the USEPA. As 11 requirement of the permit process, one scction of
the application required a description of the City of Clearwater's current legal authority to protect "Waters of
the, United States't from pollution through stormwater discharges. Although a response from the USEPA
regarding the Part I submittals have yet to be formally provided, verbal comments from the USEPA gcncmlly
recognize the need to strengthen local ordinance controls county wide and within each municipality.
J n anticipation of this requirement to further strengthen our existing ordinances, and to specifically comply with
the NPDES Part II requirement to have instituted ordinance controls to protect "Waters of the U.S." by May
of 1993 (Attachment A, 40 erR ParL 122.26 (d) (2)), Pinellas County arid the other participating cities have
uevelopelllwo llfuinancc alternatives ror policy review. The two ordinance alternatives arc attached for your
consideration liS AUuehment B.
It WllS determined at lust meeting of the NPDES Steering Committee that these alternatives would be presented
to the Pinellas County Administrator and City Managers at the next "Breakfast Workshop" in early January. In
anticipation of thut upcoming meeting, I have taken the liberty of providing copies of the alternatives and staff
recommendation (modified Alternative II) to the Environmental Advisory Committee (EAC) their consideration
and recommendation.
Attachment e describes the combined recommendations of Staff and the EAC. Changes from the original
document arc rClltined in typical ordinance development fashion. It is recommended that a modified version of
Alternative Two be given serious considerntion al the policy levcl. Alter~ntive Two provides a model ordinance
that is succinct und fle"ible enough so liS to be incorporated into each municipal ordinance in a timely manner.
In addition, budget enhancements should be minimizcd by this modified version, even over the original
Alternative Two, ilnd even more so over Alternative One. Environmental Stafr lire presently working on a
comparative table that outlines the nature !lnd effect of this ordinunce On budget and operations. However, this
information maY,nol be available in time for your meeting due lo the holidays.
I would be pleased to discuss this with you at your convenience prior lo the upcoming meeting in January.
Pleasl~ let me know when your schedule would permit such a discussion. Olhcrwise, as soon as our analysis has
been completed, I shall submit it to YOIl for further review und consideration.
Attachments
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If:\DATAWPFlI.ES\TOM\tIPDESII.ENV
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ENVIRONMENTAL ADVISORY COMMITTEE
OVERVIEW OF COMMITTEE
ACTIONS AND RECOMMENDATIONS TO THE CITY COMMISSION
FY 1991~PRESENT
COMMITTEE ADMINISTRATION
1. Encouraged City Commission to identify specific areas of
concern in which EAC review may be beneficial (2,3/15/92;
4/9/92).
2. EAC improved communications to Commission (4/9/92).
3. EAC plans efforts to increase environmental awareness
(2/15/92).
SOLID WASTE RECOMMENDATIONS
~ ~'"-~/I~Vt /.;(" ~o)~' Endorsed on-going Staf~ activity directed at conducting
~ d',;; {)J(v.i I"v- a curb-side recycling pick-up pilot program (3/15/92).
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2. Recommended additional emphases on simplifying citizens
options for disposal of hazardous materials, particularly
through community education emphasis (4/9/92).
A:
Initiate actions at the State level to encourage greater
recycling (4/9/92).
ENVIRONMENTAL REGULATION
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1.
RecoJlDl1ends Connnission request the State to provide owners
of businesses impacted by DOT construction with
replacement landscaping elements as required by City Code
(4/9/92; 11/27/92).
A.
Believes it would not be unreasonable to hold contractors
liable for their environmental violations just as they
are now responsible for performing to code; institute
mandatory competence demonstrations as pre-requisite for
renewal of occupational licenses and certificates
(4/9/92).'
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3. Strongly endorses Commission determination to enforce the
1985 sign ordinance (10/13/92).
4. Existing City ordinances do not provide adequate
enforcement authority to insure prevention of stor.mwater
system pollution; should be a NPDES consideration;
emphasize voluntary compliance through education;
incorporate County ordinances where possible (12/2/92).
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5. Endorses initiation of'the Environmental Re-Inspection
Program and adoption of watering restrictions (2/15/92).
WATERSHED MANAGEMENT AND STORMWATER ISSUES
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Recommends Commission opprove the Comprehensive Watershed
Management Master Plan beyond NPDES (2/15/92).
2. Maintain Cliff Stevens Park in an environmentally
sensitive manner (2/15/92).
3. EAC recommends that NPDES activities be minimized through
additional staff or County efforts to comply in lieu of
contracted efforts to reduce contract, costs (3/15/92).
.A.
Define and prioritize principal watershed management
project expenses to facIlitate long range p~anning; seek
parallel funding; promptly initiate physical
environmental efforts within direct City control and
consider allocating planning funds of approximately
$100,000 for downtown improvements (4/9/92; 11/27/92;
12/10/92).
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5. ,
EAC concerned about water quality problems in the
vacinity of the Marine Science Center and the gradual
closure of Hurricane Pass that reduces flushing. Sand
by-pass should be considered (9/10/92). ,
6. Endorsed prompt City initiation of physical environmental
imiprovements with required permitting; AlIens Creek @
Druid Road and Arcturas Avenue (11/27/92; 12/10/92).
7. Support Pinellas County AlIens Creek, plan at an
approximate level of $100,000 (11/27/92).
8. EMG Staff encouraged to continue to pursue cost-effective
joint efforts with others, emphasizing smaller scale
projects totally within City jurisdiction in timely
fashion (10/13/92).
9~ Clearwater should prioritize and rank its environmental
efforts, even to the extent that they should be
prioritized before others actions (12/10/92).
10. Recommend modified County-wide stormwater ordinance
(12/10/92).
WASTEWATER REUSE
1. Proceed with plans for wastewater reuse (2/15/92).
2. Continue efforts to identify future cost-effective
,opportunities to utilize recycled waste water for non-
potable purposes (11/27/92).
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LEGAL AUTHORITY ALTERNATIVES
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:.Thp Legal Authority Subcommittee met on November 19, 1992 and
developed two promary alternatives to dealing with the question of
en{oi-tement of the NPDES requirements. 'There are 'inurnerable
varlarits of e~ch and flexibility is 'essential.
1.
2.
3.
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ALTERNATIVE ONE
pinellas County adopts 'an ordinance which embraces the
entire county (PCa). .
The;PCO is used as a model for municip~lities which wish
to participate.
The pca requires discharge permits for all inputs into
the MS4 system operated by" the County.
, ,
Discharge standa'rds' are the toxicity related elements of
the Florida Administrative Code.
,The PCO issues a general permit (no paperwork) to ,all MS4',
operato+s which discharge to the,Countysy~tem upon.
,~doption'of a resolution or Meu by the discharger:
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to pursue violations up~pipe when they are ,
identified by the,Co~nty, the Municipality,' or the
State; 'and
to enforce the discharge limitations within their
jurisdiction.
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The PCO shall provide ~n~ pportunity for any: municipality
to elect to'not be embraced by the peo but, ,should that
occu~, the municipality general discharge permit shall
not be in force and the discharge will be required to
meet discharge standards or'the MS4 operator will'be in
violation of the,pce.
NOTE: As each municipality adopts their version of the pca,
the roles are reversed between the County and the Municipality.
PEMDERl1 213
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ALTERNATIVE TWO
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Pinellas County adopts an ordinance which embraces' the
ent;re county (PCO).
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.The pca is used as a model for municipalities which wish
, to participate.
The'PCa requires all discharges from'any property, either
'into any MS4 system opera~ed~within th~~legal boundaries
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of the County or to the surface waters '~f' the county, to ,
'meet discharge standar.ds. ", : '
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Discharge standar~s '~re the taxi~ity related elements of
t.he Florida Administrative Code. 0' i
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Each participating municipality will submit, as part of
their PART II application, a program committingt~:
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pursuing violations up-pipe when they" are id~ntified
by the Coun:tY'I, the Muni.cipali1;.y, or the stat.ej and
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enforce the discharge lirni tation,s wi thin the$.r
jurisdiction. ' ' ;
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Th~ PCC shall provide an opporblnity for any muni~ipality
to elect to not be embraced by the PCO but, shoula that'
,occur, ,the municipality must adopt a municipal code which
. is a~l~ast as strict as,~he PCO and the municipality
must enforce, its own code and will be subject to
enforcement by any other MS4 operator should the qualit~
of 'the discharge ~all belo~ the PCO'standards.
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PE11DERM 213
I.
Pinellas County adopts an ordinance which:embrace~ the
entire county (PCa).
2. The pca is used as a model for municipalities which w~sh to
participate. '
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ALTERNATIVE fl'Wa
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3. The pca requires all discharge~ from any property, either
into, any MS4 system operated within the legal boundaries of
the County or to the surface waters of the Co~nty, to'meet
d~' [j o\":l~ F'l~~-!"'AY;S'''~'''Pe'~'{f:;~1JWy.;;;;!ifAt'9W~fU'~~7f~{+f'''W Standards. '
tot ~Ejfe ~~~~:~~:t':'::L~~~c:\~'::~=.~t(:t~ritl~~'r~1{~1t~~~~:.~~Jk1tJf:~;,~.
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4 Diooh.J.rgo ct.J.nd~rdo :lre the tonioity related clomeR4;o of the
Florida ~dminictr.J.ti7c Code.
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5. ~. Each particip~tingmunicipality will adopt similar
ordinances.
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6. Each participating municipality will submit, as part,of
: . their PART II application" a program committing to:
pursuing violations, up pipe when they are
identified 'by the County, the Municipality,
or the Sta te ;~,?P:<~",""Sp."~g~SP~~:;:~~S,,,S!'}i1>9.~~~g~~.~<",,,^,,;/.ww' '
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,,7. ,The pca, shall provide an.opportunity for any municip~Iity to
elect to not be embraced by the pca but, should that 'occur,
the'municipality must adopt ,a municipal code which is at
least as strict as the pca and the municipality must enforce
its own code and will be subject to enforcement by any other
MS4 operator should the quality of the discharge fall below
the pca standards.
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