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03/15/1995 MINUTES ENVIRONMENTAL ADVISORY BOARD Wednesday, March 15, 1995 - 4:00 P.M. Commission Chambers, 112 South Osceola Avenue, Clearwater, FL Members Present: Mike Foley, Chair Jill Melkonian, Vice Chair Early Sorenson Lisa Lanza John Jenkins Allan Stowell Members Absent: Anne Garris Also Present: Rich Baier, City Engineer Tom Miller, Assistant Director, Engineering/Environmental Mike Quillen, Water Resource Engineer/Environmental Miles Ballogg, Environmental Specialist Supervisor Sally Demarest, Board Reporter, City Clerk Department The meeting was called to order by the Chair at 4:00 p.m. In order to provide continuity, the items will be listed in agenda order although not necessarily discussed in that order. A. Call To Order 1. Approval of minutes Motion was made by Ms. Melkonian to approve the minutes of the February 15, 1995, meeting with corrections. The motion was duly seconded and carried unanimously. 2. Confirm Agenda Mr. Sorenson indicated the City Commission, at its March 13, 1995 meeting, discussed the closing of the SR 60 Causeway and suggested that the board prepare a Resolution. Mr. Sorenson recommended that the board add this topic for discussion to the agenda, to be scheduled for later in the meeting at a time when Rich Baier, City Engineer, is present; the Chairman agreed. Addressing the second item under New Business, Water regeneration - a concept to consider, which SWFWMD is proposing for the County, Ms. Lanza said that she talked with Mike Hammond (SWFWMD) who indicated he may be able to attend the meeting today and she asked, if he does come, to make this a discussion item; the Chairman agreed. B. Chair Report Administrative Matters 1. Reminder about Appreciation Day Dinner Chairman Foley said all City board members are invited to Appreciation Day, and if any EAB members have not yet received their invitation, they may contact the City Manager's office. 2. Number of members on EAB The number of allowed members for the EAB is ten (10) members; the current number of board members is seven (7), and it was suggested that the number of allowable members be reduced. It was noted that all other City boards have seven members or less. In the ensuing discussion it was noted that business would be more easily conducted with seven members, and an odd number of members would be more expedient for voting purposes. A motion was made by Mr. Stowell that the Environmental Advisory Board recommend endorsement to the City Commission that the EAB be comprised of seven (7) members. The motion was duly seconded and carried unanimously. The qualifications required of members for the newly-formed Design Review Board (DRB) were briefly discussed. A motion was made by Ms. Lanza to recommend to the City Commission that they adopt guidelines for the membership of the Environmental Advisory Board (EAB). It was suggested that prospective EAB members have a sincere interest in environmental issues, and two of the members of the EAB should have professional or academic background. The motion was duly seconded. Calling the vote, Ms. Lanza and Mr. Jenkins voted "aye"; Chairman Foley, Ms. Melkonian, Messrs. Morris, Sorenson, and Stowell voted "nay". The motion did not pass. The Chairman said he would put this item down for New Business at a future meeting. 3. Meeting time limits - overtime Chairman Foley stressed that every effort will be made to move quickly through the agenda in order that the meeting be concluded by 6:00 p.m. C. Citizens with items not on the agenda The Chairman indicated that future board meetings will allow citizens with items not on the agenda three minutes each to speak and citizens are encouraged to bring forward items of concern. D. Reports of Staff 1. Driveby property report Assistant Environmental Director Tom Miller distributed a drive-by list of 15 properties which were drawn from the extensive list of 93 environmentally-sensitive properties prepared by Ms. Melkonian. Noting the City Commission had originally requested only information relative to tree cover, Mr. Miller said staff inspected Ms. Melkonian's list of properties for 1) viability of use for regional stormwater treatment; 2) presence of wetlands for off-site benefits; 3) suitability for park property; 4) presence of specimen trees or significant tree canopy; 5) other unique environmental features; 6) effect of environmental development on the surrounding environmental features. This resulted in the list of 15 properties which includes two additional properties recommended by staff, Carlouel and Bricks Management, Inc. These two properties had been introduced by members at prior EAB meetings. Properties which are not within City limits and those currently under development were not included. The Chairman said it was now feasible for board members to inspect those properties considered most sensitive. Mr. Stowell objected to inclusion of his property, said indication of his address and the acreage was misleading, and stressed that he would neither consider sale of his property nor welcome persons inspecting his land. He noted there are a total of eight homes on his property; it could not be considered "undeveloped". Mr. Miller noted that the City is looking for undeveloped property with environmental value in the interest of contacting the owners. Mr. Sorenson particularly thanked staff and Ms. Melkonian for their efforts in this regard and said it was a big step forward for the City Commission to have this information. He mentioned a neighboring mobile home park from which homes are being removed and suggested the five-acre tract might be included in the list of environmentally-sensitive lands. The Chairman emphasized the current list of 15 Undeveloped Properties with Environmental Features is a draft list only, and no board decision has been made. Ms. Melkonian suggested that the EAB members inspect the 15 suggested properties, their findings be agendaed for the April 19, 1995 meeting, and a recommendation by the board to the City Commission be formulated; the members agreed. It was suggested that the purchase of development rights, mentioning specifically the northern tip of Clearwater Beach, also be considered. E. Old Business 1. Bayfront salt marsh planting The area of discussion is located west of City Hall, on the shoreline. It was noted by Mr. Miller that the item was introduced by Ms. Garris and, in her absence, the board agreed to continue this item to the April 19, 1995 board meeting. 2. Contaminated Site Status a. City Attorney letter A memorandum from Dick Hull, Assistant City Attorney, dated February 28, 1995 was introduced. This memo indicated that, in his opinion, FS 376.317 supersedes local law with regard to the regulation of underground petroleum product storage tanks, and as a result, questioned the authority of the EAB to take the action sought as noted in the minutes of the February 15, 1995 EAB meeting. b. FDEP letter Remarks contained in the Department of Environmental Protection letter to Mr. Stowell dated February 27, 1995 re Movement of Contamination into Previously Uncontaminated Areas were discussed. c. Staff position and processes being followed Mr. Robert A. Leighton PE, and Ms. Robin L. Neiman, representing Dow Environmental Services, Inc., the City's consultant on underground tank problems; and Mr. Miles Ballog, City underground tank specialist, were introduced by Mr. Miller. In response to concerns, Mr. Miller gave a detailed overview of the efforts of staff, the opinion of Assistant City Attorney Hull and the letter from FDEP with regard to this issue. Mr. Miller's presentation used visual aids and addressed shallow aquafir fluctuation, plume, and groundwater flow and the jurisdiction and concern of the City with over-ground water flow. A 95-page map list indicating 200 sites with underground petroleum contamination problems was offered by Mr. Miller, who also distributed educational brochures, prepared to inform the public. He explained the potable water line conversion program instituted by Mr. Ballog, who works with construction crews in the installation of steel pipe with special over-ring gaskets, used to prevent contamination into the potable water supply. Mr. Miller explained that Limited Environmental Site Audits insure that properties are free of contamination before the City purchases or sells property. He also detailed the citizen complaint process. d. DEI reimbursement program Ms. Robin Neiman, Dow Environmental, reported Dow has been working with the City since June, 1994. She explained how the Florida Petroleum Cleanup Program (EDI, ATLP, FPLRIP and the Good Samaritan programs) functioned until March 9, 1995, funded by a $.02/gallon tax and relayed the various options for reimbursement. She noted a moratorium and backlog due to a shortage of funding. Mr. Miller relayed the City's satisfaction with the performance of Dow Environmental staff and personally complimented their efforts to "stay on top" of the cleanup issue which, he said, changes at an incredible rate of speed. He noted the contamination ranking scale of 0-100 (100 being the highest rate of contamination) on Ms. Neiman's chart. He cited the Executive Airpark ranking of 57 and the Fina Station ranking of 2 or 3, adding lack of funding will place projects with a ranking of less that 25 on hold, with further work requiring DEP approval. Mr. Miller said to the best of staff's knowledge, there are no petroleum contaminated sites within a 200 ft. radius of City wells. Meetings with Environmental staff produced concern with completion of the work in progress, and Ms. Neiman said factors other than public and potable water should be expanded as contamination cleanup criteria. The Chairman opined that the board action in this regard would be limited to a recommendation of prohibition of construction on contaminated property. Mr. Stowell made a motion to suggest that the City Commission look into building code regulations that would prohibit any construction on contaminated property. It was agreed that related ordinances of other municipalities be included with the recommendation. The motion was duly seconded and carried unanimously. 3. Comprehensive plan comments This item was not discussed. F. Regulatory Matters 1. Park Place This item was not discussed. G. New Business 1. Closing of SR 60 Causeway The Chairman gave the background of the agenda item and Mr. Miller presented the staff recommendations, stressing this is a FDOT project. He listed the four basic purposes: 1) erosion protection against hurricane damage; 2) public safety; 3) traffic concerns; 4) public health including lack of restroom facilities. Mention was made by Mr. Miller that the City did not want "overdesign" of the project which might increase liability, and wanted to continue public use of the beach area. Mr. Sorenson read and distributed a draft of a Resolution he authored (see attached) in conjunction with FDOT, whose major area concerns are safety and liability. The Chairman noted the Causeway is a man-made causeway which has acquired environmental aspects over time. City Engineer Rich Baier offered to answer any questions the board may have with regard to the FDOT Causeway project, proposed by an environmentalist and a professional geologist. He explained the proposal to take a State strip of right-of-way, currently being overused for recreational activities, and restructuring the recreational activities into a safer area. Mr. Stowell offered an aerial photograph and explained the history of the man-made causeway beach area used by the public. He described the useable area as a white, sandy beach, one-half mile in length. Mr. Stowell noted the entrance way, suggesting a traffic light at the corner of the Causeway and Demascus for the safety of the public. He cited both the Dunedin and Belleair Causeways as examples and suggested orderly, designated parking and added that boating and jet skiing should not be allowed for safety reasons. Ms. Lanza opined that the Parks and Recreation Board should review this project. A motion was made by Mr. Sorenson to forward his Resolution in behalf of the EAB to the City Commission; the motion was duly seconded. Ms. Melkonian suggested the board members take time to peruse the Resolution; Mr. Baier relayed FDOT's desire to maintain a "balance" between safety and controlled use as a type of preserve area and requested suggestions from the board as to its recommendations to FDOT for "balance" without the City over-dictating, since it has no actual jurisdiction. Responding to a question from the board, Mr. Baier said the major environmental concerns with the current use are: 1) The small and steady erosion problem and a revetment at mean high water to limit the erosion; 2) fecal matter from animals and birds; 3) tidal effect of oil and grease caused by cars parking on the beach. Upon the vote being taken, the motion carried unanimously. 2. Water regeneration - a concept to consider Mark Hammond, Manager of the Conservation Project Section of SWFWMD, offered a presentation on the Pasco Rainbow Project (water reuse) for reclaimed water and cited a feasibility study for cost effectiveness. The existing water transmission line, owned by Pinellas County, brings potable water into the County and the possibility of resleeving the existing line when it is abandoned and using it for reclaimed water was discussed. The conceptual cost of the entire Pasco Rainbow Project is $50 million, with the actual cost addressed in the feasibility study. Lines into Pinellas or Hillsborough Counties would be an additional cost. Responding to a question from the board, Mr. Hammond reported that reclaimed water could probably be moved to both Clearwater Beach and Pasco County. The Chairman asked whether virology and bacteriology aspects would be part of the initial study for adverse impact to the wellhead areas; Mr. Hammond said they would be part of several other projects, adding there is also a pilot project (Section 21) which will address permitting and getting stormwater and reclaimed water on top of wellfields. 3. Agenda items for April, 1995. This item was not discussed. The several agenda items listed above were waived due to time constraints. By motion duly seconded, the meeting adjourned at 6:10 p.m. _______________________________________ Mike Foley, Chairman