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En~ironmental Advisory Board
Minutes
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MINUTES
ENVIRONMENTAL ADVISORY BOARD
Wednesday, February 15, 1995 - 4:00 P.M.
Commission Chambers, 112 South Osceola Avenue, Clearwater, FL
Members Present:
Mike Foley, Chair
Jill Melkonian, Vice Chair (left 6:48 p.m.)
Anne Garris (left 6:42 p.m.)
Early Sorenson
Lisa Lanza
John Jenkins (left 6:42 p.m.)
Allan Stowell
Also Present:
Tom Miller, Assistant Director, Engineering/Environmental
Scott Shuford, Director, Central Permitting
Rich Baier, City Engineer
Lou Hilton, Senior Planner, Central Permitting
Sally Demarest, Board Reporter, City Clerk Department
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The meeting was called to order by Chairman Foley at 4:03 p.m. In order to provide continuity, the
items will be listed in agenda order although not necessarily discussed in that order.
A. Call To Order
I. Approval of minutes
Motion was made by Ms. Melkonian to approve the minutes of the January 18, 1995,
meeting as submitted. The motion was duly seconded and carried unanimously.
2. Confirm agenda
Chainnan Foley introduced the agenda and asked for comments or changes. Ms. Melkonian
indicated she will make comments later, under New Business. It was noted, given the time
constraints of past meetings, it was difficult to get to the New Business portion of the
agenda.
A citizen to be heard was recognized and it was agreed he will make his presentation under
the Old Business segment of the agenda. The Chairman indicated Ms. Garris may speak
briefly with regard to two issues under Old Business as well.
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B.
Chair Report Administrative Matters
1. Corrected Bylaws
Chairman Foley offered the redrafted the Bylaws corrected by staff. Several changes were
noted, Le. replace Itcommittee" with "Boardll, change the word "rule" to "rules", and the
number of the applicable ordinance. Ms. Garris made a motion to accept the By]aws of the
Environmental Advisory Board as corrected. The motion was duly seconded and carried
unanimously.
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2. St. Joseph Sound. wrap up report
The Chairman noted several Board members attended the City Commission meeting and
presented the Resolution prepared by the Board in support of the PRIDE request that SWIM
place St. Joseph Sound into nomination on their SWIM Priority Waterbodies list in an effort
'to improve the habitat and water quality in that area. It was agreed that, in addition, Mr.
Sorenson will draft a Jetter to be prepared by the Environmental Department for the signature
of the Chairman supporting this concept. Chairman Foley expressed enthusiasm for the
Board's involvement and support of this very worthwhile endeavor.
C. Reports of Staff
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1.
Comprehensive Plan Overview (Lou Hilton)
Senior Planner Lou Hilton, Central Permitting, gave an overview of C]ealWater's
Comprehensive Plan process, due for revision this year. Offering background, Mr. Hilton
described the Local Government Comprehensive Planning Act (LGCP A), enacted by the
State legislature in ]975 and the Growth Management Act (GMA) and its amendments. He
detailed the complex effect each statute had upon the Pinellas County/Tampa Bay region,
particularly describing the essential services, government structure, economy and natural
resources of the area.
To illustrate, Mr. Hilton offered a blueprint map, part of the Comprehensive Plan, identifying
protected areas and potable water wells, drainage corridors, shoreline courses and water
basins and described the process of change.
Mr. Hilton explained the Comprehensive Plan is evaluated and appraised every five years
using five different criteria, with the report on objectives due in July, 1995; the completed
update and rewrite of the Comprehensive Plan is due in August of 1996. The Chairman
thanked Mr. Hilton for his presentation. Mr. Stowell made a motion that EAB participate
and make recommendations to that part of the Plan which involved environmental and
conservation concerns. The Board agreed and the Chairman asked to have "Discussion of
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the Comprehensive Planlt as a frequent agenda item. The need to discuss contamination of
wellfields, potable and reclaimed water, and the importance of citizen input was stressed,
The point was made that the EAB is an advisory board and it was not within the purview of
the Board to ttmicrowmanagelt or evaluate specific areas and that it serve only to advise the
Commission of any environmental concerns with the Comprehensive Plan. The Chairman
asked the Board to bring any specific concerns regarding the Plan to the March 15, 1995
meeting, and that Mr. Hilton keep the Board apprised of the evaluation appraisal process.
Responding to a request from the Chainnan, there was no second and Mr. Stowell withdrew
his motion.
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2. CCMP Charting the course (Tom Miller)
An overview of the action plan for the Tampa Bay by the National Estuary Program (NEP),
which addresses the water quality and natural fauna dynamics of the area, was presented in
considerable detail by Mr. Miller. He indicated the three managing bodies, 1) an advisory
committee; 2) a management committee; and 3) a policy committee.
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Mr. Miller pointed out various elements, i.e. bay habitat, bay fisheries and wildlife, and
water and sediment quality, dredging and spill prevention and response, and the action plans
and strategies recommended by the NEP. He said the City may ultimately co-sponsor and
sign the finished Plan, and at this point must evaluate and determine the value and
appropriateness of the action plans and strategies, and make recommendations. He
referenced ttdeal buster"/critical issues previously prepared by staff, his request to City
depm1ments for consideration of the Plan and how it relates to each departmentts operation.
Mr. Miller indicated staff will advise Board members of the dates of the upco,ming public
meetings.
The Chairman asked that ItCCMP Comments by Board Members" be included as an agenda
item for the March IS, 1995 EAB meeting.
3. New construction of storm water discharges to natural water bodies (Rich Baier)
This item was prompted by a citizen who protested a drainage problem caused by the
construction of a home in the flood plain on Harbor Drive. The Chairman noted the book
entitled Design Criteria and City Engineer Rich Baier explained the City's criteria for
discharges to natural water bodies, water quality in the design of stormwater drainage
projects for streets and roads. and overland runoff. The Chairman presented a diagram of
a water quality device that could be implemented with such a plan.
Specifically, the Harbor Drive project is a rehabilitation of an existing outfall and Mr. Baier
reported the subject problem was in the garage area of the house. It was noted that the City
will spend $110,000 to correct this problem; the responsible builder will install a positive
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outfall and regrade the garage and driveway, installing a slotted drain, limiting future
flooding. He explained the criteria differences between new and rehabilitative construction.
Concern was expressed for erosion control and flooding conditions during an evacuation.
Mr. Baier opined that a basin or entire water body approach (rather than an individual pipe
rehab or "bandage approach") would best address this type of situation.
Preference for a master plan, as opposed to piecemeal development for larger sites, was
indicated and the Bayview Gardens Nursing Home site was cited as an example. Mr. Baier
agreed, adding relative to the redevelopment dollar value threshold, Central Permitting
requires a dollar value estimate be included prior to a permit issuance. The Chairman stated
that, because the City does not have a watershed management plan at the present time,
internal design standards may serve in lieu thereof.
D. Citizens Reports
Citizens reports were addressed at the end of the meeting, following Mr. Stowell's Fina
presentation (see p 5). Jack Alvord, 606 Bayview Avenue, Clearwater, spoke at length
regarding his 125-year old private well. He cited his February 6. J 995 letter, distributed to
the members, and noted the absence of reference to private wells in the City Comprehensive
Plan. He displayed engineering diagrams of the way pollutants enter well water.
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At 6:48 p.m. Ms. Melkonian left the meeting.
Mr. Alvord questioned the accuracy of records kept, and questioned how his well could be
kept safe from benzene, lead and other chemicals. Responding to a question from the
Chairman Mr. Alvord said his well was adjacent to the Fina site, and he has had his well
tested. Mr. Alvord said his water tests clear right now, adding that a CAR would explain
how close the contamination was to his well. He requested a map or other data of the
proximity of contaminated sites to groundwater. Mr. Alvord held up the yellow pages from
the telephone book, saying contractors will clean up the Fina station and it would not cost
the City or the owner Ita dimetl, explaining the State will ultimately pay for the cleanup with
funds called from the sales of gasoline (it was noted this plan is called "reimbursement").
Mr. Alvord expressed approval of the motion to address contamination (see p S).
,At this point Mr. Alvord was asked by a Board member whether he had informed the Fina
representatives or the City Engineer that the site can be cleaned up without cost to the Fina
station. He said he did not relay this information to Fina or the City Engineer. Mr. Miller
offered that staff relayed this information to Fina's representatives, who are now working
with staff to detennine a reasonable solution. The Board expressed pleasure at this prospect.
E. Old Business
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1. Annual report (Mike Foley)
The Chairman indicated he filed the Annual Report of the Environmental Advisory Board,
indicating that, because the Board has only met only three times, the report was brief. It was
noted the City Commission charged the Board with preparation of a list of undeveloped
properties having significant environmental value to the City to determine which properties
are most appropriate for protection. Ms. Melkonian prepared the list and suggested the
properties be visited; it was agreed that the necessary identification of land characteristics
and vegetation would need the expertise of staff. Mr. Miller offered the services of staff; the
Chairman indicated only a cursory review was desired, not a detailed review, to narrow the
list. Mr. Miller said staff will conduct the survey and he will bring the results to the next
Board meeting. Bayview Gardens was cited as an example, and concern was expressed that
the City sufficiently identify and protect environmentally sensitive lands.
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()
Ms. Garris reported that she will be unable to address the Wetland Setback ordinance
agendaed for first reading at the February 16,1995 City Commission meeting; Mr. Stowell
volunteered to address the Commission on the wetland setback ordinance. Mr. Miller added
a letter of support has been received from Morton Plant Hospital and he will supply Mr.
Stowell with a copy of that letter as requested. On behalf of the Board, Mr. Sorenson
thanked Mr. Scott Shuford, Central Permitting; and Mr. Miller and Mr. Quillen,
Environmental Management, for their significant efforts in the preparation of the draft
ordinance amendment.
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Ms. Melkonian eXiJressed appreciation to the Chairman for his timely preparation of the
Annual Report.
2. Fina station issue (Allan Stowell)
Mr. Stowell explained the Fina gas station is in the neighborhood in which he lives, at the
comer ofGulf-to-Bay and Bayview Avenue. He sai~ the planned redevelopment of the site
will involve rezoning a residential property to commercial and amend the Comprehensive
Land Use Plan to encroach commercial property into residential. He said he asked DEP
whether the Finn station, groundwater and soil was contaminated; DEP indicated it was,
adding the property was in the Early Detection Incentive (EDI) program to clean up gas
stations that are known to have become contaminated.
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Mr. Stowell offered a site plan of the existing gas station showing the location, monitoring
wells placed to test the groundwater and the indication that this site is included in the 10,000
known contaminated sites. He said State representatives have said there are not enough
funds for cleanup of this site "in our lifetime". He mentioned a reimbursement program,
preferred by the State, whereby a private contractor cleans up the site and bills the State.
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Continuing, Mr. Stowell said the redevelopment site caIls for demolition of the existing
building and relocating a new building/convenience store, adding fuel pump islands and a
retention pond. He expressed concern relative to the moving of earth, existing pavement and
contaminated soil, and the possible rerouting of contaminated groundwater through the
aquafir. He said the City and State do not know specifically where the contamination is located, and
a CAR report (a technical Contaminated Assessment Report) would indicate the plume and extent
of contamination. Mr. Stowell said a laboratory analysis in 1987 proved the carcinogenic benzene
is present in the soil, adding his concern was for all gas station sites in Clearwater and the State, and
he was using the Fina site as an example.
He referenced a letter dated January 18, 1995 by the City Engineer recommending 1) a CAR
report prior to final site plan approval; and 2) that Environmental Management review the
CAR report to ensure that an appropriate cleanup method is utilized, rather than a mere
treatment; Mr. Stowell made a motion that the above recommendations by the City
Engineer, the same criteria as are required for the Fina Station, be required for all known
contaminated sites in the City of Clearwater. A discussion ensued as to how "knownlt
contamination would be determined; Mr. Stowell replied that DEP could be consulted. The
motion was duly seconded.
In the ensuing discussion, Mr. Stowell emphasized he wanted the above two criteria which
were suggested by the City Engineer for the Fina Station to be established as City policy.
Responding to a question from the Chairman, Mr. Miller said the City does not have any
jurisdiction over groundwater as long as it remains in the ground; the City only has
jurisdiction when the water comes out of the ground and enters the surface water system.
Jurisdiction is under the State DEP, administered through the Department of Health. Mr.
Miller suggested a City ordinance mandating a CAR and remediation would give policy
direction, but not be enforceable if a developer were in compliance with the State law
process.
Addressing the Fina situation, Mr. Baier said caveats had been suggested to indicate that a
CAR report (or similar report containing the same information) determine the type of
contamination and that Environmental do a complete site plan assessment prior to site plan
approval. A meeting with Central Permitting and Fina's attorney produced agreement by the
developer to address the contamination in 1995, which is prior to the year 2010 mandated
by EDI. It was suggested that the City Attorney be consulted on this issue. The Chairman
called for a vote on the motion; it was unanimously carried.
It was noted by Mr. Miller that Scott Shuford, Central Permitting Director, had met with
Environmental and Fina's attorney and planned to make a presentation to the Board on this
matter today, indicating a II mid-ground II decision. (Mr. Shuford left the meeting earlier due
to the length of the meeting and time constraints, and was unable to make his presentation
in this regard.) The need for an opinion from the City Attorney was repeated.
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Ms. Garris and Mr. Jenkins left the meeting at 6:42 p.m.
At this point the Board entertained Citizens to be Heard (see p 4), after which the Chainnan said, due
to the shortness of time, the Bayfront planting issue will be rescheduled to the March 15, 1995
meeting. The remaining agfmda items were waived and, by motion duly seconded, the meeting
adjourned at 6:56 p.m.
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