04/20/2011
ENVIRONMENTAL ADVISORY BOARD MEETING MINUTES
CITY OF CLEARWATER
April 20, 2011
Present: R. Peter Stasis Chair
D. Michael Flanery Board Member
Michael Engelmann Board Member
Patricia Power Board Member
Elizabeth Drayer 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 – January 19, 2011
Member Engelmann moved to approve the minutes of the regular meeting January 19,
2011, as submitted in written summation to each board member. The motion was duly
seconded and carried unanimously.
2. Citizens Comments: None.
2 – Action Items
2.1. Discussion and Update on FDEP Dune Regulations.
Environmental Manager Ed Chesney referenced the March 14, 2011, letter from Michael
Barnett, of FDEP (Florida Department of Environmental Protection) Bureau of Beaches and
Coastal Systems. Mr. Chesney said the first step would be for Council to direct staff to draft a
Land Development Code ordinance for FDEP approval and Council adoption. The ordinance
would need to be coordinated with Pinellas County’s agreement with Florida. It was stated that
Pinellas County’s delegation only covers Zones 2 and 3; the State retains its ability to permit
construction and landscaping in Zone 1, seaward of the CCCL. Mr. Chesney said the City does
not have the expertise or staff to permit dune mitigation but may want authority only to regulate
dune disturbances in Zone 1. Enforcement would only be required for a small isolated area. It
was noted that enforcement costs will be reduced as water front land owners are educated and
become familiar with related rules. It was stated enforcement of the Code would have little or
no cost and fines could cover any expenses.
Discussion ensued with comments that all beach front residents are provided an aerial
photo and CCCL description when purchasing their property and the 700 and 800 blocks of
Eldorado Avenue have the most documented dune disturbances, which is clearly shown on the
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aerial photographs. Concern was expressed that dune removal is a safety issue that could
harm nearby residents by reducing storm protection of upland homes. Mr. Chesney reviewed
Code Enforcement concerns about their ability to cite residents for disturbing public lands. It
was suggested that residents disturbing dunes seaward of the CCCL should be charged with
trespassing and vandalism, a criminal offence, as their actions destroy public dunes on State
land and waste taxpayer money spent on beach renourishment. Assistant City Attorney Leslie
Dougall-Sides will investigate the City’s ability to criminalize this behavior.
In response to questions, Ms. Dougall-Sides said the City can fine up to $15,000 for
irreversible violations. Technically, no alteration of a dune is allowed, not even maintaining a
path to the beach. Mr. Chesney expressed concern regarding the City’s ability to enforce dune
protection unless perpetrators are caught destroying dunes. Sand Key has few dunes and lost
significant beach last year. He suggested the City could adopt the State’s reasons for
protecting dunes.
Concern was expressed that future problems will occur if this issue is not addressed
now. Discussion ensued with comments that protecting the dunes will shield the barrier island
and beach from tides and wind, reduce beach renourishment requirements, keep sand in place,
prevent erosion, and protect nesting seabirds. With no funds available for beach
renourishment, it was stated sand will wash away faster without dunes. It was suggested the
City adopt rules established by other coastal communities.
It was noted that rules restricting dune disturbances will affect the City’s ability to
bulldoze and maintain City accesses at street ends. Ms. Dougall-Sides said the City could
obtain permits to construct walkovers. It was suggested that beachfront homes could share
walkovers.
Concern was expressed that after a resident recently scolded a neighbor for cutting sea
oats, the neighbor threatened to shoot the resident. It stated an effective enforcement
mechanism is necessary.
Consensus of the EAB was to recommend that the City Council direct staff to draft an
ordinance that would permit the City to regulate dune disturbances in Zone 1.
3 – Information Items - Attached
3.1 - Next Scheduled Meeting – May 18, 2011. (Scheduled after this meeting adjourned)
Dune regulations
Greenprint Update
Community garden progress
Mr. Chesney will email to members an update on Stevenson Creek
Items not on the Agenda
Stevenson Creek
Mr. Chesney updated the board on issues related to Stevenson Creek. While the City
hosts the project, it has no active involvement with its operation.
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Member Dryer moved that the EAB recommends that the City investigate how to speed
up the process and complete the project to dredge Stevenson Creek. The motion was duly
seconded.
Discussion ensued regarding the contract, the defaulted contractor, the bonding
company, and the need to complete the project. Mr. Chesney will email an update to board
members from the City's project manager. It was stated the current status is not acceptable,
many residents are upset by delays, and the City should exhaust every option to complete it.
Upon the vote being taken, the motion carried unanimously.
Complaints of Trash in bodies of water in the City
It was stated the residents have complained about thrash in City bodies of water such as
Maple Swamp and Stevenson Creek and the City should take responsibility for regularly
removing trash. Concern was expressed that clean-up work may be dangerous for volunteers
as they are not aware that water may be unhealthy. It was suggested that lower summer
populations could free up some staff to handle other assignments, such as this.
Clearwater Christian College
Mr. Chesney said Clearwater Christian College is working to obtain necessary State
permits. Ms. Dougall-Sides reviewed changes that reduced the project's size.
Greenprint
Mr. Chesney said the City Council had questioned costs associated with reducing green
house gasses and anticipated resident savings. A group has met regarding community
gardens. The City will not be involved with establishing gardens but those with plans may be
able to contract use of City land. The City completed USF's (University of South Florida)
recommended carbon baseline study, which was useful for improving energy efficiency at City
buildings and ball fields. Some green building items are included in Greenprint.
Ms. Dougall-Sides said the Council wants more cost benefit information before they are
willing to establish carbon reduction goals. It was stated adoption of a guideline will provide an
important environmental blueprint for the future and most costs are tied to installing solar
energy. To be effective, it was recommended that an energy czar oversee the program.
4-Adjourn ;9
The meeting adjourned at 6:00 p.m.
Chair
Attest: / Environmental Advisory Board
Board Report:
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