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05/18/2011 ENVIRONMENTAL ADVISORY BOARD MEETING MINUTES CITY OF CLEARWATER May 18, 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. Citizens Comments: Ron Delp discussed destruction of north Clearwater Beach sand dunes and requested EAB (Environmental Advisory Board) support by recommending the City pursue accepting State authority and enforce protection of sand dunes and beach vegetation. 2 —Action Items 2.1. FDEP Dune Regulation Discussion. Support was expressed for City enforcement of dune protection. Discussion ensued regarding the tractor bobcat on north Clearwater Beach. It was stated the State should be obligated to correct damage to the dunes that occurred under State permit. Environmental Manager Ed Chesney said the State usually provides a copy of its permits to the City. Assistant City Attorney Leslie Dougall-Sides said Assistant City Attorney Rob Surette had indicated the Police Department can enforce State sand dune protection law and make a criminal arrest without a warrant if they witness a violation. If Police do not observe the offense, they can submit a report to the States Attorney for investigation. Causing damage or destruction to a dune without permit is a 1St degree criminal misdemeanor; driving a vehicle across a dune is a 2nd degree criminal misdemeanor. She will report if videos are acceptable as proof of an offense. Discussion ensued with comments that dune destruction would stop as soon as the City started enforcing the law and large fines would discourage violators. It was suggested that the City adopt requirements similar to Flagler Beach's for dune walkovers. It was felt that City management needs to determine how it can enforce laws against dune destruction. It was noted less than 10 property owners are destroying dunes. It was questioned why the City had Environmental Advisory 2011-05-18 1 sent letters to beach residents when violators ignored previous letters from the State. It was recommended that a rewrite of the ordinance related to dunes should omit language related to flooding. Member Drayer moved to recommend that the City Council direct law enforcement to immediately enforce criminal penalties, which can be assessed for destroying or altering sand dunes and sea oats. The motion was duly seconded and carried unanimously. 2.2. Greenprint Discussion. Concern was expressed that the Council's reaction to Greenprint committee recommendations indicated little interest in establishing environmental policy in Clearwater. Continued EAB support for committee recommendations was encouraged as many opponents were heard. It was felt the Council's decision to focus on cost is shortsighted and lacks an understanding of the recommendations. Disappointment in City Council inaction on Greenprint and dunes was expressed. It was stated Greenprint would provide a framework for future growth and consider green issues when projects are constructed; for example, the City failed to consider green issues, such as bicyclists, when constructing its streetscape projects. Member Power moved that the Environmental Advisory Board supports Greenprint recommendations as they would provide an effective framework for the City's future, provide better ways to use land and resources, and is the only way the City will be competitive and thrive. The motion was duly seconded Discussion ensued regarding the importance of a City Council buy-in for Greenprint, which would encourage and offer options for green building and resident participation. It was commented that major costs in the plan relate to future solar cell installation and the City needs to consider efficiencies and life cycle costs. It was recommended that the Code be amended to permit xeriscape instead of grass. Ms. Dougall-Sides reviewed the City's commitment to operational changes such as purchasing fuel efficient vehicles and reducing electricity use. Upon the vote being taken, the motion carried unanimously. 3—Information Items 3.1 - Next Scheduled Meeting—July 20, 2011. 4 -Adjourn The meeting adjourned at 5:23 p.m. (Pia"-Gt- Chair Attest:,011, Environmental Advisory Board Board Repo der Environmental Advisory 2011-05-18 2