09/20/1995 (2)
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ENVIRONMENTAL ADVISORY BOARD
September 20, 1995
Members Present:
Mike Foley, Chair
Jill Melkonian, Vice Chair
Allan Stowell (4:02 p.m.)
Lisa Lanza
Alan Smith
Members Absent:
Anne Garris
7th seat vacant
Also Present:
Tom Miller, Assistant Director of Engineering/Environmental
Lou Hilton, Senior Planner, Central Permitting Department
Gwen Legters, Board Reporter, City Clerk Department
,In order to provide continuity, the items will be listed in agenda order although not necessarily
discussed in that order
A. Call to Order - 4:00 p.m., City Hall Commission Chambers
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1. Minutes Approval - August 16, 1995
Member Melkonian moved to approve the minutes of August 16, 1995, as corrected by staff.
The motion was duly seconded and upon the vote being taken, Members Foley, Melkonian,
lanza, and Smith voted "Aye"; Mr. Stowell was not present. Motion carried.
Alan Smith was welcomed as a new member. Mr. Stowell arrived at 4:02 p.m.
2. Confirm Agenda - Establish Consent and Regular Agenda Items
B. Citizen's Agenda - None
c. Consent Agenda - None
D. Regular Agenda
1. Old Business
a. Goals, Objectives and Policies of the Comprehensive Plan - Lou Hilton, Senior
Planner
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Mr. Hilton listed the changes to the existing plan. In response to a question, he reviewed
Goal #24, which includes an objective and policies regarding use of the Historical Overlay
Zoning district.
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A question was raised if any grants are available for innovative methods of reclamation. Mr.
Baier stated the City is in meetings with the Pinellas Andote Basin Board and is requesting an
approximate two million dollar grant for completion of transmission lines in Clearwater and
o beefed up funding of residential distribution facilities.
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Discussion ensued regarding a City tree inventory, prohibited parking on sand, discharging
toxic waste into waterways, and contamination of private potable wells. In response to a
question, Mr. Miller stated Environmental Management enforces regulations regarding toxic
runoff, however, extra staff is not available to regularly monitor this. He requested Board and
public input if they see something of concern.
A question was raised regarding Policy 22.2.2 regulating construction and development in
natural drainage channels. It was indicated the language had been amended in 1989 pursuant
to consideration of hard lining Stevenson's Creek. Mr. Hilton was requested to determine
what the original language had been and amend the policy to revert to that language. Staff is
to investigate.
Member Stowell moved to amend Objective 22.8 to read, liTo protect all City and privately
owned and maintained potable water wells from contamination..." The motion was duly
seconded and upon the vote being taken, Members Foley, Lanza, Stowell, and Smith voted
ttAyetr; Member Melkonian voted "Nay." Motion carried. Mr. Hilton is to check with the
legal department to see if private wells can be included in this objective.
Mr. Hilton stated he will submit to the Board an updated copy of the Comprehensive Plan
Goals, Objectives and Policies for final approval at the next meeting.
A handout was distributed with information regarding the City of Dunedin's Conservation Plan
Evaluation and Monitoring Committee.
Member Stowell moved to recommend to the City Commission that the City of Clearwater
consider having a Comprehensive Plan evaluation and monitoring committee as a standing
committee, using, information provided by the City of Dunedin as a guide, by the end of the
1995 calendar year. The motion was duly seconded and carried unanimously.
b. Reclaimed Water Update. Rich Baier, City Engineer
Mr. Baier discussed current and future transmission lines, 50 percent homeowner
participation, and consideration of a temporary short term lease of the City's reclaimed water
to Pinellas County.
One member expressed concern that certain homeowners are not interested in using the utility
as they do not irrigate, or irrigate from shallow wells. She indicated homeowners need to be
aware certain plantings will not grow with reclaimed water. She had been told shallow wells
are not included in the Southwest Florida Water Management District's (SWFWMD) potable
water restrictions. Mr. Baier stated they are and interest could increase as water restrictions
tighten up in the future.
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c. Beach Tower
Discussion ensued regarding the proposed tower location and possible rezoning of the area. In
response to a question, Mr. Baier did not think the issue would go to referendum.
A concern was expressed regarding the tower's structural integrity related to wind loading and
the corrosive beach environment. Mr. Baier indicated a thorough engineering analysis will
likely include x-rays and examination of the paint. It was not thought Environmental
Management would be involved in the decision whether or not to go forward with the tower.
Questions were raised regarding the potential financial success of the tower and if a recycling
or disposal problem would arise if it is not successful. Mr. Baier indicated sufficient bonds are
required by the lease to take those points into consideration.
d. Sand Castle
Mr. Baier displayed an aerial photograph detailing the area where sand is to be skimmed to a
depth of 1.7 feet to obtain several million tons nceded to construct a sand castle attraction on
Clearwater Beach for the proposed Sand Blast '96. Discussion ensued regarding traffic
management and parking at the attraction. Mr. Baier responded to questions regarding the
sand cuts being graded for pedestrian safety.
0,
Concerns were expressed over disturbing sea turtle habitat and any long term effects of the
proposed sand binding agent. Mr. Baier stated Department of Environmental Protection (DEP)
permits will be obtained to ensure the project is turtle friendly and the binding agent is
biodegradable with no negative effects on children or wildlife. He said an initial task leam
came up with a list of 19 questions related to the proposal, but did not issue a
recommendation because it was not clear whether or not it would be harmful. A 20-member
task team has now been set up to monitor the effects on the beach.
e. FINA Soil Contamination
Mr. Miller stated one of the issues of concern is whether the City has authority lO initiate a
contamination assessment process or cleanup of the subject property prior 10 allowing
construction on the site. While the City cannot pre-empt the State requirement, staff has
negotiated with the business and property owners to obtain a report of the extent of
contamination and schedule of cleanup activities as part of the site plan review process. He
referred to a letter from Assistant City Attorney Dick Hull concerning jurisdiction in the matter.
He indicated, in the attorney's opinion, it is not within the City's jurisdiction to restrict or
delay construction on contaminated soil through the building code process.
One member, having received correspondence from a DEP representative, did not agree with
this opinion and felt a second opinion should be requested from a DEP legal department
representative.
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In response to a question, Mr. Miller stated all underground single-walled storage tanks have
to be removed by 1998. Concerning leaking tanks, the requirement was for the State to be
notified to begin the cleanup process. He stated that program is currently on hold due to State
funding problems and there is currently no cleanup process in place.
Member Lanza moved to request an opinion from an attorney in the Department of
Environmental Protection, concerning whether the City of Clearwater can be restrictive with
their building codes on sites which are known to be contaminated. The motion was duly
seconded and carried unanimously.
Mr. Miller expressed concern with requesting a State legal opinion regarding a City matter. It
was felt Attorney Hull's explanation of the statute was not clear. Consensus was for Member
Stowell to compile the documentation related to this issue and submit it to the DEP with a
request for an opinion.
The meeting recessed from 6:00 to 6:02 p.m.
f. Mangrove Legislation Update - Lisa Lanza
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Member Lanza reported the Pinellas County Urban Forestry Council formed a subcommittee
that prepared a list of recommendations for amendments to recent legislation regarding the
effects of mangrove trimming. She stated the Urban Forestry Council wishes to be involved in
setting the standards for continuing education and competence of licensees to trim mangroves.
Ms. Lanza presented a copy of a study regarding the effects of mangrove trimming and asked
that it be copied to the Board.
Discussion ensued regarding requesting delegated authority from the State. Mr. Miller stated
in an effort to avoid duplication, the decision was made to support work already being done
by the Urban Forestry Council, as they are in a better position to know the correct procedures
for managing mangroves. Ms. Lanza agreed with not pushing the City to obtain delegation at
this time. Consensus was to prepare an agenda item to invite Heidi Lovett to address the
Board in October.
As a separate item, Member Melkonian expressed the need to tighten up the agenda item
preparation process. She stated, due to a number of pertinent issues involving the staff, they
are exceeding the Commission's eight hour staff time rule. She reviewed the necessary steps
involved in the process, stating the forms are available from Mr. Miller. Chairman Foley
concurred and strongly urged members to prepare their own items ahead of time.
g. Stevenson's Creel< Update
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Mr. Miller stated a project is underway with City crews to correct a defect in a mitigation area
in the Clearwater Country Club Golf course. He stated they are working with the City of
Dunedin, using an experimental concept that has been successful there. He expects the
project to be finished before Thanksgiving and will report to the Board in November.
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h. EAB Goals and Objectives
Due to time constraints, this item was continued to the next meeting. Member Melkonian
requested members to review a packet of information background information prior to the
next 'meeting. Member Stowell also submitted information from Dunedin's Environmental
, Board for inclusion in the next Board packet.
2. New Business - None
F. Establish Agenda for October 18, 1995
1. Address to the Board re Agency ,on Bay Management - Heidi Lovett
2.', Completion of EAB Goals and Objectives
3. ' Stevenson's Creek Update - Overview of phase II
G. Adjournment
The meeting adjourned at 6:22 p.m.
11,--,~/Lf Irt-;y/
Chair
Environmental Advisory Board
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