10/21/2009
ENVIRONMENTAL ADVISORY BOARD MEETING MINUTES
CITY OF CLEARWATER
October 21, 2009
Present: Anna Fusari Chair
D. Michael Flanery Board Member – arrived 4:20 p.m.
Richard Packman Board Member
R. Peter Stasis Board Member
Absent: Mary Morrow Board Member
Also Present: Leslie Dougall-Sides Assistant City Attorney
Ed Chesney Environmental Manager
Patricia O. Sullivan Board Reporter
The Chair called the meeting to order at 4:00 p.m. at the Municipal Services Building.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
1 - Approval of Minutes
– January 21, 2009
Member Packman moved to approve the minutes of the regular meeting of January 21,
2009, as submitted in written summation to each board member. The motion was duly
seconded and carried unanimously.
2 – Citizen Comments
Sand Dunes, Sea Oats, and Sea Grapes
Five members of the CBA (Clearwater Beach Association) expressed concern regarding
activities at Eldorado Avenue properties, seaward of the CCCL (Coastal Construction Control
Line). They reported that gulf front homeowners are removing sea oats, using a bobcat to
flatten sand dunes, and towing personal watercraft across the dunes. They said homeowners
also widened to 30 feet a walkway to the beach and installed boulders, pavers, and landscaping
where the dunes once stood. They said one homeowner who rents out the property for
weddings claimed to have permits for large tents erected on the dunes. They said illegal work is
done during the day. They said they witnessed trash cans full of sea oats.
CBA members said they have provided photographic evidence of damage to the dunes to
City administrators and the FDEP (Florida Department of Environmental Protection), and filed
complaints with C-TRAC (Clearwater Task Response and Communications System) and the CRT
(Community Response Team) during the day when unlawful actions were underway. CBA
members expressed concern that nothing had been done to stop these actions or to restore the
dunes, a natural resource essential to protect island homes from flooding during tropical storms
and hurricanes. They expressed concern that the CRT had reported not seeing any evidence of
illegal activities. They want to prevent further destruction of the dunes. It was felt that the actions
of homeowners who live closest to the beach are criminal as they are destroying protected sea
grapes and sea oats as well as the island’s first line of defense against a rising sea.
Environmental Advisory 2009-10-21 1
A CBA member stated that local government is responsible for protecting the dunes. It
was requested that the City take a proactive role to stop illegal activities west of the CCCL. It
was noted that subject homeowners know the location of the CCCL as State law requires every
sales contract for beachfront homes to identify it. CBA members questioned who owns the land
west of the CCCL and which governmental entities are responsible for enforcing protection of
sand dunes and requiring remediation by those who destroy them. It was questioned how these
problems could be remedied. Help from the EAB (Environmental Advisory Board) was
requested along with an invitation to a future meeting.
Due to software problems with C-TRAC, Environmental Manager Ed Chesney
recommended that residents call Environmental Technician Brett Gardner if illegal actions
warrant an immediate response. Unlike the CRT, Mr. Gardner has a scientific background and
is familiar with the location of the CCCL. Mr. Gardner’s only authority though is to issue a Stop
Work Order and report the activity to the State; he cannot require homeowners to restore sand
dunes nor threaten them with legal action. The City has no power to address after the fact
destruction. Steve West, the City’s environmental contact with the State, is stationed in
Sarasota and has enforcement power. The City has no mechanism to fine those who break
State law. The State is responsible for enforcing its laws. Also, the City has not issued tent
permits for any of the subject properties.
Discussion ensued regarding Florida communities, such as Palm Beach County, which
are proactive in protecting sand dunes and sea oats and arrest those who damage them.
Recommendations were made: 1) That Clearwater accept responsibility for protecting the
dunes; 2) That the EAB research other cities to see how they protect sand dunes and sea oats;
and 3) That the City seek State delegation of these responsibilities and keep a portion of
resulting fines to cover City costs. It was felt that dune destruction would stop if fines were
imposed or liens were placed on offending owners’ property.
Additional suggestions were made: 1) That CBA member contact local media as
television could shine a bright light on these illegal activities: 2) That the insurance industry
would be interested in activities that increase its risks. Concern was expressed that the City’s
flood insurance exposure may be jeopardized if the City takes no action; 3) That a rapid
response is needed when environmental destruction is occurring; 4) That the City Council
should know that this gap exists; and 5) That a review of administrative processes could identify
a clear procedure to address damage to the shoreline and area west of the CCCL.
It was recommended the CBA be invited to attend the EAB’s January 20, 2010 meeting.
Assistant City Attorney Leslie Dougall-Sides said FDEP can designate authority to
another government entity. For it to enforce the law regarding sea oats and sand dunes, the
City would need to obtain delegation from the State and then adopt a local ordinance.
Board members will forward their research to Mr. Chesney: 1) Chair Fusari will contact
and report on Delray Beach; 2) Member Stasis will contact and report on Sarasota; and 3)
Member Flanery will contact and report on Pass a Grille. Chair Fusari also will make an
appointment to meet with the City Manager to discuss these issues. Consensus was that the
Chair will represent the EAB in these discussions.
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Member Flanery moved that in response to CBA residents bringing to the board’s
attention their frustration with what appears to be a dysfunctional process for reporting damage
to the coastal environment, the EAB recommends that: 1) The City review its process for
accepting reports regarding sand dune destruction and coastal protection; 2) The City seek and
obtain enforcement delegation authority from the State to safeguard the coast as Clearwater’s
dune system is vital to protect property and natural wildlife and to reduce beach erosion; and 3)
The City take action as federal flood insurance rates may otherwise be impacted. The motion
was duly seconded and carried unanimously.
Mr. Chesney said lands west of the CCCL can be both public and private. If the State
requires property owners to mitigate their property and return it to its original state, FDEP would
have to approve a plan for them to follow. While the County has State delegation to enforce
mangrove protection, the City Council would have to approve accepting State delegation for
protecting the sand dunes and sea oats.
Mr. Chesney will compile EAB research, review it for commonalities, and share it with
City Engineer Mike Quillen, who can discuss it at a staff strategy meeting. Mr. Chesney will
monitor activities in the 700 block of Eldorado and speak with FDEP to learn what steps are
being taken to address citizen concerns.
Protecting Seabirds – Dogs on the Beach
CBA members expressed concern that the number of dogs on the beach had increased;
many are not leashed. Disappointment was expressed that the City Council had ignored expert
opinion when approving the compromise position. It was felt the issue should be revisited as
problems with dogs on the beach have gotten worse.
The Chair reviewed EAB efforts to protect seabirds. It was stated that seabirds may
return to the beach if dogs are barred. It was noted that the Audubon representative’s testimony
to the City Council was accurate; looking up information to answer difficult questions from
Council members regarding private property rights took time. Concern was expressed that a
Councilmember had placed more weight on the opinion of a CBA member than expert
testimony. It was felt that the Council’s lack of concern regarding endangered species is
troubling. It was agreed that the EAB cannot address dogs on the beach at this time.
Concern was expressed that the quarterly meeting schedule extends the time it takes to
address issues.
Member Flanery moved that as the quarterly schedule results in excessively long gaps
between meetings, the Council should permit the EAB to meet monthly in order to perform
meaningful work. The motion was duly seconded and carried unanimously.
3 – Welcome New Members
4 – Discussion – “Clearwater & the Environment” - Continued
5 – Establish Agenda for January 20, 2010
EAB meetings in 2010 are scheduled for January 20, April 21, July 21, and October 20.
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Member Packman said he is resigning due to his frustration with the quarterly meeting
schedule, the board's inability to effect change, and the City's refusal to hire a sustainability
coordinator.
6 - Adjourn
The meeting adjourned at 6:03 p.m.
Environmental Advisory 2009-10-21
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Environmental Advisory Board
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