01/19/2011
ENVIRONMENTAL ADVISORY BOARD MEETING MINUTES
CITY OF CLEARWATER
January 19, 2011
Present: R. Peter Stasis Chair
D. Michael Flanery Board Member
Michael Engelmann Board Member
Absent: Mary Morrow Board Member
Patricia Power 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 - Administration
1.2. Approval of Minutes - October 20, 2010
It was noted that Mr. Engelmann’s name had been misspelled and sentence 4,
paragraph 3, on page 2 should be deleted.
Member Engelmann moved to approve the minutes of the regular meeting of October
20, 2010, as corrected. The motion was duly seconded and carried unanimously.
2. Citizens Comments: None.
2 – Action Items
2.1. Discussion with Code Enforcement representative with respect to disturbance of sand
dunes and other protected natural resources.
Frustration was expressed regarding the City’s inability to require mitigation of sand
dunes destroyed by north Clearwater Beach residents. Assistant City Attorney Leslie Dougall-
Sides reviewed related provisions in the flood section of City Code. The State has not
delegated authority to the City to enforce State Statutes related to sand dunes.
Code Compliance Manager Terry Teunis said he would respond to a call by assigning a
staff member to view and photograph damage to sand dunes. Staff is on duty during weekends.
Planning & Development Director Michael Delk said the City does not have an expert witness
on staff who could testify that alteration of dunes increased flooding. Environmental Manager
Ed Chesney said sand dunes are always in flux; latest aerials are from 2009 or 2010. Staff
could benchmark current conditions of north beach sand dunes if so directed by City
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management. He reviewed current State enforcement practices. The City cannot enforce or
review mitigation plans.
It was recommended that Code be amended to protect sand dunes and sea oats as a
natural resource and wildlife habitat. It was stated that the City should offer the same protection
to sand dunes as it does for trees.
Ms. Dougall-Sides said Code language imposing restrictions on private property must
have a public health and safety purpose. It is difficult to determine beachfront property lines.
Before the Code can be amended, a legislative record must be compiled, proving destruction of
sand dunes affects public health and safety.
Recommendations were made to research east coast state efforts to protect sand
dunes, that Clearwater adopt State language, and that the City order daily fines until sand dune
alteration is mitigated. It was stated that the goal is to stop the destruction of sand dunes and
sea oats. It was suggested a countywide interest in dune protection may be a better alternative.
2.2. Green Print Update- Lauren Matzke.
Planner III Lauren Matzke reviewed progress by the Stakeholders Steering Committee.
A presentation to the City Council is planned for February 15, with adoption of amendments
scheduled for April 7, 2011. She requested that the next EAB (Environmental Advisory Board)
meeting be rescheduled to March 30, 2011, to provide the board an opportunity to make
recommendations to the City Council. In response to a question, Ms. Matzke said staff is
planning for monitoring once the committee is disbanded. The committee has expressed a
desire to update the gas inventory and document as necessary.
It was recommended that information in the City's two "green" websites be combined. It
was felt the City also needs to plan for its response and adaptation to sea level rise and for a
green rebuild of City structures destroyed by a storm. It was recommended that the City partner
with USF (University of South Florida) as these problems are region wide.
3 - Information Items - Attached
3.1 - Next Scheduled Meeting - March 30, 2011.
Member Flanery moved to reschedule the April 20 EAB meeting to March 30, 2011. The
motion was duly seconded and carried unanimously.
The Clearwater Marine Aquarium was acknowledged for their efforts and thanked for
attracting the movie production about dolphin, Winter.
4 - Adjourn A- 4
Th ting adjourn at 5:40 p.m. /7"
Attest: j Chair
Environmental Advisory Board
Board Repo
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