04/21/2010
ENVIRONMENTAL ADVISORY BOARD MEETING MINUTES
CITY OF CLEARWATER
April 21, 2010
Present: D. Michael Flanery Board Member
Mary Morrow Board Member
R. Peter Stasis Board Member
Michael Engelmann Board Member
Empty Seat Board Member
Also Present: Ed Chesney Environmental Manager
Patricia O. Sullivan Board Reporter
The meeting was called to order at 4:12 p.m. at the Municipal Services Building.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
ADMINISTRATION
1 - Approval of Minutes
– January 20, 2010
Member Flanery moved to approve the minutes of the regular meeting of January 20,
2010, as submitted in written summation to each board member. The motion was duly
seconded and carried unanimously.
2 – Citizen Comments
: None.
ACTION ITEMS
3 – Resignation of Chair Fusari
Environmental Manager Ed Chesney reported that Chair Fusari had resigned; she
moved out of the City. It was commented that Ms. Fusari was very knowledgeable about
environmental issues, was an asset to the board, and had been an excellent chair.
4 – Miscellaneous Discussion Items
Election of Chair
Member Flanery moved to appoint Member Stasis as Chair. The motion was duly
seconded.
Member Engelmann moved to appoint Member Morrow as Chair. There was no second.
Upon the vote being taken to appoint Member Stasis as Chair, the motion carried
unanimously.
Environmental Advisory 2010-04-21 1
North Beach Sand Dunes
Mr. Chesney said according to the Legal Department, the State retains jurisdiction of
sand dune protection and does not delegate that authority anywhere in Florida; the disturbance
of sand dunes on private land also is prohibited. The State sends warning letters to offenders
only after habitual complaints and does not follow-up on mitigation requirements. Sarasota
County wrote its coastal ordinance in 1979 and enforces dune protection; residents are aware of
consequences if sand dunes are altered. Clearwater can enforce dune protection without new
laws. Code Enforcement has a skeleton crew during weekends. Staff hears about sand dune
destruction after the fact. While permits are required to rake sand behind beach front homes,
the City cannot control raking. Damaged sand dunes can be repaired over time. A beach
resident recently called the City to inquire about a permit to remove other dunes.
Discussion ensued regarding the importance of sand dunes. Concern was expressed
that dunes and vegetation have been altered seaward from four houses on Eldorado Avenue. It
was felt without City action to stop weekend sand dune removal activities and the weekend
erection of tents where dunes once stood, all sand dunes could disappear. It was stated that it
would be preferable if the City addressed this issue before the Audubon Society and Sierra Club
protest it. Concern was expressed that a lack of dune protection would jeopardize the City’s
FEMA (Federal Emergency Management Agency) rating as sand dunes are necessary to
protect the environment and limit erosion and damages to nearby property.
Recommendations were made to evaluate aerial photographs of the sand dunes, taken
every two years, to benchmark current conditions, track future damage, and also to require
property owners responsible for dune destruction to mitigate dune and vegetation damages
prior to the property’s sale or be subject to a lien that covers mitigation costs. It was suggested
that citations could be based on photographs and other evidence that exists. It was stated the
City needs to bring offenders to the attention of State regulators and to work closely with the
State to verify State follow-through. Mr. Chesney said he had not been advised regarding the
ability to use stormwater funds to pay for the enforcement of sand dune protection.
Discussion ensued regarding Code Enforcement staff, with concerns expressed that
staff may not recognize the importance of sea oats and enforcing sand dune laws, especially on
weekends when illegal activities occur. It was recommended that Environmental Management
work with Code Enforcement officers and educate them regarding important sand dune issues.
It was noted that the City depends on the Code Enforcement Team prioritizing the protection of
sand dunes over citations for knee-high grass and garage sale signs. It was stated these efforts
are necessary for the City to retain its natural beauty that attracts tourists.
Consensus was for the Chair to write a letter to the City Manager and City Council
regarding these issues.
Member Flanery moved to recommend that the City also work with Pinellas County
regarding a countywide approach to coordinating regulation regarding the alteration or
destruction of sand dunes and sea oats. The motion was duly seconded and carried
unanimously.
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It was suggested that neighborhood watch groups could be helpful. Mr. Chesney said
sand dunes provide an important sea bird habitat. Concern was expressed that City staff drives
on north beach past people with unleashed dogs without stopping to counsel or cite them.
INFORMATION ITEMS
5 - Establish Agenda for July 21, 2010
Discuss north beach sand dunes and sea oats.
6 - Date of next meeting - July 21, 2010
Mr. Engelmann indicated he cannot attend the meeting.
8 - Adjourn
The meeting adjourned at 5:10 p.m.
Chair
Environmental Advisory Board
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