01/18/1995 (2)
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MINUTES
ENVIRONMENTAL ADVISORY BOARD
Wednesday, January 18, 1995 - 4:00 P.M.
Commission Chambers, 112 South Osceola Avenue, Clearwater, FL
PLEDGE OF ALLEGIANCE
INVOCATION
Members Present: Mike Foley, Chair
Jill Melkonian, Vice Chair (left 4:30 p.m.)
Brian Morris
Anne Gams
Early Sorenson
Lisa Lanza (arrived 4:13 p.m.)
John Jenkins
Allan Stowell
Also Present: Tom Miller, Assistant Director, Engineering/ Environmental
Scott Shuford, Director, Central Permitting (arrived 4:50 p.m.)
Sally Demarest, Board Reporter
In order to provide continuity, the items will be listed in agenda order although not necessarily
discussed in that order.
A. The meeting was called to order by the Chairman Foley at 4:05 p.m.
1. Anrgy l of minutes
Motion was made by Ms. Garris to approve the minutes of the December 8, 1994 meeting
with two corrections. The motion was duly seconded and carried unanimously.
2. Confirm agenda
Ms. Garris asked that the Bayfront water plants issue be placed on the agenda for the
February meeting. Mr. Miller distributed copies of the format for the Advisory Board annual
report presentation scheduled for February 2, 1995. Chairman Foley indicated he will be
making a presentation before the City Commission on that elate which will conform to the
format the Commission requires.
Mr. Miller tuinounced a conflict in scheduling for the meeting room today and asked the
Board if it would be possible to leave by 5:30 p.m.; the Chairman agreed,
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D. Chair report administrative matters
I. Operating Bylaws
Ms. Melkonian distributed Suggestions for Policy Statement dated January 18, 1995. A brief
discussion offered suggestions for modification of the current EAC Bylaws, notably
changing the word "committee" to "board"; striking obsolete approval dates and reference
to standing subcommittees; deleting all references to members' terms in para 1; and the
change of quarterly meetings dates to monthly. A error was noted in the City Code section
referenced, which should read Section 2.066. It was agreed the edited Bylaws would be
prepared by staff and presented to the Board at its next meeting.
2. Powers and Duties
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Chairman Foley requested City Attorney Pamela Akin clarify the powers and duties of the
Environmental Advisory Board (EAB). Her reply stated the Board was created to provide
the City Commission staff with citizen insight on environmental activities within and
affecting the City. Ms. Akin said the powers of the Board are very limited; sec. 2.163 of the
code states the Board shall identify and assess significant environmental objectives, review
and provide recommendations to the City Commission on selected projects. She added the
Board may use staff only for projects requiring less than eight (8) hours without advance
approval of the City Commission. The Board serves in an advisory capacity, it does not have
regulatory or enforcement powers.
C. Reports of Staff
I. Comprehensive Plan (Lou Hilton)
Final changes to the Comprehensive Plan must be filed with the State by the end of
December, 1995. Mr. Miller offered to bring the draft language to the Board for
consideration as Central Permitting progresses through the development process. Although
Mr. Hilton was unable to attend the meeting today, the Chairman was assured the Board
would hear his presentation on the Comprehensive Plan, how modifications are made, its
impact on the City, and an overview for the benefit of new members. It was agreed that the
Board first concentrate on the conservation element,
2. Draft report on NEP Commuliity Action Plan (Tom Miller)
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For the information of the Board, Mr. Miller explained the City's associations with the
Tampa Bay National Estuary Program (TBNEP), other cities and counties, the United States
Environmental Protection Agency (USEPA), Department of Environmental Protection (DEP)
and the Southwest Florida Management District (SWFMWD). TBNEP is focused on
developing community strategies to address the following bay issues:. 1) Public health; 2)
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?-1 water and sediment quality (stormwater, municipal and industrial. wastewater, toxic
' contamination, atmospheric deposition); 3) habitat loss; 4) freshwater inflow; 5) dredge and
dredge material management; 6) spill prevention and response; and 7) fisheries and bay
wildlife. He distributed Potential Management Options, and described the program in
considerable detail noting particularly the "deal buster" and critical issues. He indicated
negotiations are now going on which will enable everyone to participate to the fullest extent
possible.
A brief discussion ensued; it was decided the shortage of time precluded discussing each
Potential Management Options item individually. Mr. Miller explained a chart indicating
improvement of water quality in Tampa Bay mainly due to an AWT process used by
treatment plants. He said much of the information presented to the Board today will be
included in the Comprehensive Conservation and Management Plan (CCMP), due as a first
draft at the end of April, 1995.
3. Matershed_Management (Terry Finch)
It was noted watershed management is both scientifically complex, economically expensive,
and a long and difficult process. Terry Finch, Environmental Programs Supervisor in charge
of the watershed programs, gave a comprehensive presentation followed by an exchange of
questions and answers. Ms. Finch specifically reported on the status of the Alligator Creek
Watershed Management Plan, the implementation project in the Allen's Creek basin and the
City's efforts with Safety Harbor in the Mullet/Bishop Creek basin. She described the
difficulties encountered when using water quality testing in an attempt to pinpoint pollution.
The City has applied to the Federal Government for an NPDES stormwater facility permit
draft; it has not been received. The Chairman asked Ms. Finch to keep the Board closely
appraised of water quality testing and the baseline water report. Ms. Finch said she would
be sure the Board members receive copies of all appropriate watershed flyers, and will bring
some for distribution at the next EAB meeting.
D. Citizens' Reports (Items for Referral) Public
I. PRIDE DF representative - St. Joseph Sound
Irene DeWitt, 2274 Edythe Drive, Dunedin, Co-Chair, and Joe Bryant, were present
representing People Restore In Dunedin Every waterway (PRIDE). Ms. DeWitt distributed
packets and copy of a letter to Michael Perry, SWIM Director, placing St. Joseph Sound (the
north part of Clearwater Harbor) into nomination on their SWIM Priority Waterbodics list.
At the request of the Chairman, Ms. DeWitt detailed the SWIM Priority Waterbodies list
process, saying she is meeting with Mayors for endorsement. She explained in considerable
detail the correspondence and her efforts in behalf of PRIDE regarding the pollution and silt
accumulation in St. Joseph Sound and resultant flooding in area communities. The Chairman
suggested a Resolution endorsing this effort.
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rti, Ms. Garris made a motion to have the Chairman appoint a Board member to provide a draft
` Resolution for endorsement of the application of St. Joseph's Sound as a SWIM priority
water body for Board consideration at its January 15, 1995 meeting and subsequent
submission to the City Commission. The motion was duly seconded and carried
unanimously. Chairman Foley accepted Mr. Sorenson's offer to provide the Board with a
draft Resolution to be presented at the EAB February 15, 1995 meeting.
2. Cllian to be Heard - Jack Alvord
Jack L. Alvord, 606 Bayview, Clearwater offered the history of the well on his property and
said the 100-year old well is in danger of infiltration with gasoline from an operating FINA
filling station at the corner of Bayview and Gulf to Bay. A photograph of the subject area
was displayed and explained by Mr. Alvord.
Responding to a question from the Chairman, Mr. Miller said staff is aware of this condition
and it is being addressed through meetings and the site planning development process,
adding the owner is required to clean up the site. The County Health Department has tested
Alvord's potable water well and it it appears to have turned up clean for the past several
years. Mr. Alvord said he is aware of these efforts, and doubted if FINA submitted required
reports. He offered a document signed by the Mayor saying it is against the law to put
polutants in groundwater running downstream. A question was raised whether the FINA
station had installed fibreglas tanks as required by Federal law.
A motion was made by Ms. Garris to adjourn due to the 5:30 p.m. deadline and reconvene
in the City Manager's conference room. There was no second. It was noted Board meetings
are required to be held "in the sunshine".
Mr. Miller offered that DRC (Environmental) has provided language into their site plan
review process and has several requirements, i.e. prior to certificate of occupancy, the
information must be submitted to Environmental Management which assures that operation
of the retention area will not increase the flow of contaminated ground water offsite to the
south. This data must be in the form of a contamination assessment report and/or other equal
groundwater analyses to verify that no offsite impacts will occur. Mr. Miller said staff is
aware of and working on this issue and will protect Mr. Alvord's interest as it would any
Clearwater citizen. The Chairman asked that this item be agendaed for the next EAB
meeting.
It was offered that DEP is concerned about the removal of soils and how it might affect
surrounding properties and 289 parts Benzine/billion was evident in test results. Motion
was made by Mr. Stowell to ask the City to postpone action until the EAB has had time to
review this matter. Mr. Sorenson declined to vote because he lived next door to the premise
in question. '
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In the ensuing discussion, Central Permitting Director Scott Shuford pointed out that
regardless of action by the DRC, this item is the subject of a rezoning request with a
February 28, 1995 hearing scheduled with the Planning & Zoning Board (P&Z). Mr.
Shuford offered to relay the EAB's comments to the P&Z and to the City Commission (CC)
for CC review in March and ordinance reading in April. He emphasized the Board will have
future opportunities to address this issue, Mr. Miller stressed the importance of the Board
members hearing facts and recommendations from technical staff so that the Board can make
an informed decision.
Mr. Stowell's motion was duly seconded and carried with six members voting "aye" ; Mr.
Morris voting "nay"; and Mr. Sorenson abstaining,
The meeting adjourned at 5:45 p.m., with agenda items E, F and G not considered due to the
shortage of time.
Mike Foley
Chairman
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FORM 86 MEMORANDUM OF VOTING CONFLICT FOR 1
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
AST NAME- FIRS1 NAME - MIDDLE NAME ,
Sd?J ?dILL
MAILING ADDRESS
5/ 8-A /U/,0_1/
CITY COUNTY
NAME OF HOARD. COUNCIL. COMMISSION, AU1 HORITY, OR COMMITTEE
AJrh T A vl,5o/Z
THE BOARD. COUNCIL, COMMISSION, AU111ORI1Y OR COMM11-1 EE ON
WHICH I SERVE IS A UNIT OF:
CITY O COUNTY O OTHER LOCAI. AGENCY
NAME OF POLITICAL. SUBDIVISION:
DATE ON 4CH VOTE OCCURRED
MY POSITION IS:
0 ELECTIVE A7/ APPOINTIVE
WHO MUST FILE FORM 813
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board.,
council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law 'When faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before complcting the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST A13STAIN from voting on a measure
which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure
which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent
organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special
private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and
officers of independent special tax districts elected an a one-acre, one-vote basis arc not prohibited from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mathcr-in-
law, son-in-law, and daughter-in-law, A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowncr of property, or corporate shareholder (where the shares of the
corporation arc not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for
recording the minutes of the meeting, who should incorporate the form in the minutes,
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However,
you must disclose the nature of the conflict before making any attempt to influence the decision, whethcr orally or in writing and
whether made by you or at your direction. `
1F YOU INTEND TO MAKE ANY ATTEMf T TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WLL BE TAKEN:
You must complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
Cr FORM all . 10-91
1k5l:i! M
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You'must disclose orally the nature of your conflict in the mthsure before participating.t
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of
the meeting, who roust incorporaic the form in the minutes. A copy of the form must be provided immediately to the other
members of the agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
hereby disclose that on , I9 ,
(a) A measure came or will come before my agency which (check one)
inured to my special private gain;
inured to the special gain of my business associate,
inured to the special gain of my relative, ;
inured to the special gain of , by
whom 1 am retained; or
inured to the special gain of , which
is the parent organization or subsidiary of a principal which has retained me,
(b) The measure beforc'my agency and the nature of my conflicting interest in the measure is as follows:
Date Filed
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 ()991), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY- BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMOD, OR A CIVIL PENALTY NOT TO EXCEED 55,000,
Pr veNv) &o YB , in Pa