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02/15/1995 MINUTES ENVIRONMENTAL ADVISORY BOARD Wednesday, February 15, 1995 - 4:00 P.M. Commission Chambers, 112 South Osceola Avenue, Clearwater, FL Members Present: Mike Foley, Chair Jill Melkonian, Vice Chair (left 6:48 p.m.) Anne Garris (left 6:42 p.m.) Early Sorenson Lisa Lanza John Jenkins (left 6:42 p.m.) Allan Stowell Also Present: Tom Miller, Assistant Director, Engineering/Environmental Scott Shuford, Director, Central Permitting Rich Baier, City Engineer Lou Hilton, Senior Planner, Central Permitting Sally Demarest, Board Reporter, City Clerk Department The meeting was called to order by Chairman Foley at 4:03 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 January 18, 1995, meeting as submitted. The motion was duly seconded and carried unanimously. 2. Confirm agenda Chairman Foley introduced the agenda and asked for comments or changes. Ms. Melkonian indicated she will make comments later, under New Business. It was noted, given the time constraints of past meetings, it was difficult to get to the New Business portion of the agenda. A citizen to be heard was recognized and it was agreed he will make his presentation under the Old Business segment of the agenda. The Chairman indicated Ms. Garris may speak briefly with regard to two issues under Old Business as well. B. Chair Report Administrative Matters 1. Corrected Bylaws Chairman Foley offered the redrafted the Bylaws corrected by staff. Several changes were noted, i.e. replace "committee" with "Board", change the word "rule" to "rules", and the number of the applicable ordinance. Ms. Garris made a motion to accept the Bylaws of the Environmental Advisory Board as corrected. The motion was duly seconded and carried unanimously. 2. St. Joseph Sound, wrap up report The Chairman noted several Board members attended the City Commission meeting and presented the Resolution prepared by the Board in support of the PRIDE request that SWIM place St. Joseph Sound into nomination on their SWIM Priority Waterbodies list in an effort to improve the habitat and water quality in that area. It was agreed that, in addition, Mr. Sorenson will draft a letter to be prepared by the Environmental Department for the signature of the Chairman supporting this concept. Chairman Foley expressed enthusiasm for the Board's involvement and support of this very worthwhile endeavor. C. Reports of Staff 1. Comprehensive Plan Overview (Lou Hilton) Senior Planner Lou Hilton, Central Permitting, gave an overview of Clearwater's Comprehensive Plan process, due for revision this year. Offering background, Mr. Hilton described the Local Government Comprehensive Planning Act (LGCPA), enacted by the State legislature in l975 and the Growth Management Act (GMA) and its amendments. He detailed the complex effect each statute had upon the Pinellas County/Tampa Bay region, particularly describing the essential services, government structure, economy and natural resources of the area. To illustrate, Mr. Hilton offered a blueprint map, part of the Comprehensive Plan, identifying protected areas and potable water wells, drainage corridors, shoreline courses and water basins and described the process of change. Mr. Hilton explained the Comprehensive Plan is evaluated and appraised every five years using five different criteria, with the report on objectives due in July, 1995; the completed update and rewrite of the Comprehensive Plan is due in August of 1996. The Chairman thanked Mr. Hilton for his presentation. Mr. Stowell made a motion that EAB participate and make recommendations to that part of the Plan which involved environmental and conservation concerns. The Board agreed and the Chairman asked to have "Discussion of the Comprehensive Plan" as a frequent agenda item. The need to discuss contamination of wellfields, potable and reclaimed water, and the importance of citizen input was stressed. The point was made that the EAB is an advisory board and it was not within the purview of the Board to "micro-manage" or evaluate specific areas and that it serve only to advise the Commission of any environmental concerns with the Comprehensive Plan. The Chairman asked the Board to bring any specific concerns regarding the Plan to the March 15, 1995 meeting, and that Mr. Hilton keep the Board apprised of the evaluation appraisal process. Responding to a request from the Chairman, there was no second and Mr. Stowell withdrew his motion. . 2. CCMP Charting the course (Tom Miller) An overview of the action plan for the Tampa Bay by the National Estuary Program (NEP), which addresses the water quality and natural fauna dynamics of the area, was presented in considerable detail by Mr. Miller. He indicated the three managing bodies, 1) an advisory committee; 2) a management committee; and 3) a policy committee. Mr. Miller pointed out various elements, i.e. bay habitat, bay fisheries and wildlife, and water and sediment quality, dredging and spill prevention and response, and the action plans and strategies recommended by the NEP. He said the City may ultimately co-sponsor and sign the finished Plan, and at this point must evaluate and determine the value and appropriateness of the action plans and strategies, and make recommendations. He referenced "deal buster"/critical issues previously prepared by staff, his request to City departments for consideration of the Plan and how it relates to each department's operation. Mr. Miller indicated staff will advise Board members of the dates of the upcoming public meetings. The Chairman asked that "CCMP Comments by Board Members" be included as an agenda item for the March 15, 1995 EAB meeting. 3. New construction of stormwater discharges to natural water bodies (Rich Baier) This item was prompted by a citizen who protested a drainage problem caused by the construction of a home in the flood plain on Harbor Drive. The Chairman noted the book entitled Design Criteria and City Engineer Rich Baier explained the City's criteria for discharges to natural water bodies, water quality in the design of stormwater drainage projects for streets and roads, and overland runoff. The Chairman presented a diagram of a water quality device that could be implemented with such a plan. Specifically, the Harbor Drive project is a rehabilitation of an existing outfall and Mr. Baier reported the subject problem was in the garage area of the house. It was noted that the City will spend $110,000 to correct this problem; the responsible builder will install a positive outfall and regrade the garage and driveway, installing a slotted drain, limiting future flooding. He explained the criteria differences between new and rehabilitative construction. Concern was expressed for erosion control and flooding conditions during an evacuation. Mr. Baier opined that a basin or entire water body approach (rather than an individual pipe rehab or "bandage approach") would best address this type of situation. Preference for a master plan, as opposed to piecemeal development for larger sites, was indicated and the Bayview Gardens Nursing Home site was cited as an example. Mr. Baier agreed, adding relative to the redevelopment dollar value threshold, Central Permitting requires a dollar value estimate be included prior to a permit issuance. The Chairman stated that, because the City does not have a watershed management plan at the present time, internal design standards may serve in lieu thereof. D. Citizens Reports Citizens reports were addressed at the end of the meeting, following Mr. Stowell's Fina presentation (see p 5). Jack Alvord, 606 Bayview Avenue, Clearwater, spoke at length regarding his 125-year old private well. He cited his February 6, 1995 letter, distributed to the members, and noted the absence of reference to private wells in the City Comprehensive Plan. He displayed engineering diagrams of the way pollutants enter well water. At 6:48 p.m. Ms. Melkonian left the meeting. Mr. Alvord questioned the accuracy of records kept, and questioned how his well could be kept safe from benzene, lead and other chemicals. Responding to a question from the Chairman Mr. Alvord said his well was adjacent to the Fina site, and he has had his well tested. Mr. Alvord said his water tests clear right now, adding that a CAR would explain how close the contamination was to his well. He requested a map or other data of the proximity of contaminated sites to groundwater. Mr. Alvord held up the yellow pages from the telephone book, saying contractors will clean up the Fina station and it would not cost the City or the owner "a dime", explaining the State will ultimately pay for the cleanup with funds called from the sales of gasoline (it was noted this plan is called "reimbursement"). Mr. Alvord expressed approval of the motion to address contamination (see p 5). At this point Mr. Alvord was asked by a Board member whether he had informed the Fina representatives or the City Engineer that the site can be cleaned up without cost to the Fina station. He said he did not relay this information to Fina or the City Engineer. Mr. Miller offered that staff relayed this information to Fina's representatives, who are now working with staff to determine a reasonable solution. The Board expressed pleasure at this prospect. E. Old Business 1. Annual report (Mike Foley) The Chairman indicated he filed the Annual Report of the Environmental Advisory Board, indicating that, because the Board has only met only three times, the report was brief. It was noted the City Commission charged the Board with preparation of a list of undeveloped properties having significant environmental value to the City to determine which properties are most appropriate for protection. Ms. Melkonian prepared the list and suggested the properties be visited; it was agreed that the necessary identification of land characteristics and vegetation would need the expertise of staff. Mr. Miller offered the services of staff; the Chairman indicated only a cursory review was desired, not a detailed review, to narrow the list. Mr. Miller said staff will conduct the survey and he will bring the results to the next Board meeting. Bayview Gardens was cited as an example, and concern was expressed that the City sufficiently identify and protect environmentally sensitive lands. Ms. Garris reported that she will be unable to address the Wetland Setback ordinance agendaed for first reading at the February 16,1995 City Commission meeting; Mr. Stowell volunteered to address the Commission on the wetland setback ordinance. Mr. Miller added a letter of support has been received from Morton Plant Hospital and he will supply Mr. Stowell with a copy of that letter as requested. On behalf of the Board, Mr. Sorenson thanked Mr. Scott Shuford, Central Permitting; and Mr. Miller and Mr. Quillen, Environmental Management, for their significant efforts in the preparation of the draft ordinance amendment. Ms. Melkonian expressed appreciation to the Chairman for his timely preparation of the Annual Report. 2. Fina station issue (Allan Stowell) Mr. Stowell explained the Fina gas station is in the neighborhood in which he lives, at the corner of Gulf-to-Bay and Bayview Avenue. He said the planned redevelopment of the site will involve rezoning a residential property to commercial and amend the Comprehensive Land Use Plan to encroach commercial property into residential. He said he asked DEP whether the Fina station, groundwater and soil was contaminated; DEP indicated it was, adding the property was in the Early Detection Incentive (EDI) program to clean up gas stations that are known to have become contaminated. Mr. Stowell offered a site plan of the existing gas station showing the location, monitoring wells placed to test the groundwater and the indication that this site is included in the 10,000 known contaminated sites. He said State representatives have said there are not enough funds for cleanup of this site "in our lifetime". He mentioned a reimbursement program, preferred by the State, whereby a private contractor cleans up the site and bills the State. Continuing, Mr. Stowell said the redevelopment site calls for demolition of the existing building and relocating a new building/convenience store, adding fuel pump islands and a retention pond. He expressed concern relative to the moving of earth, existing pavement and contaminated soil, and the possible rerouting of contaminated groundwater through the aquafir. He said the City and State do not know specifically where the contamination is located, and a CAR report (a technical Contaminated Assessment Report) would indicate the plume and extent of contamination. Mr. Stowell said a laboratory analysis in 1987 proved the carcinogenic benzene is present in the soil, adding his concern was for all gas station sites in Clearwater and the State, and he was using the Fina site as an example. He referenced a letter dated January 18, 1995 by the City Engineer recommending 1) a CAR report prior to final site plan approval; and 2) that Environmental Management review the CAR report to ensure that an appropriate cleanup method is utilized, rather than a mere treatment; Mr. Stowell made a motion that the above recommendations by the City Engineer, the same criteria as are required for the Fina Station, be required for all known contaminated sites in the City of Clearwater. A discussion ensued as to how "known" contamination would be determined; Mr. Stowell replied that DEP could be consulted. The motion was duly seconded. In the ensuing discussion, Mr. Stowell emphasized he wanted the above two criteria which were suggested by the City Engineer for the Fina Station to be established as City policy. Responding to a question from the Chairman, Mr. Miller said the City does not have any jurisdiction over groundwater as long as it remains in the ground; the City only has jurisdiction when the water comes out of the ground and enters the surface water system. Jurisdiction is under the State DEP, administered through the Department of Health. Mr. Miller suggested a City ordinance mandating a CAR and remediation would give policy direction, but not be enforceable if a developer were in compliance with the State law process. Addressing the Fina situation, Mr. Baier said caveats had been suggested to indicate that a CAR report (or similar report containing the same information) determine the type of contamination and that Environmental do a complete site plan assessment prior to site plan approval. A meeting with Central Permitting and Fina's attorney produced agreement by the developer to address the contamination in 1995, which is prior to the year 2010 mandated by EDI. It was suggested that the City Attorney be consulted on this issue. The Chairman called for a vote on the motion; it was unanimously carried. It was noted by Mr. Miller that Scott Shuford, Central Permitting Director, had met with Environmental and Fina's attorney and planned to make a presentation to the Board on this matter today, indicating a "mid-ground" decision. (Mr. Shuford left the meeting earlier due to the length of the meeting and time constraints, and was unable to make his presentation in this regard.) The need for an opinion from the City Attorney was repeated. Ms. Garris and Mr. Jenkins left the meeting at 6:42 p.m. At this point the Board entertained Citizens to be Heard (see p 4), after which the Chairman said, due to the shortness of time, the Bayfront planting issue will be rescheduled to the March 15, 1995 meeting. The remaining agenda items were waived and, by motion duly seconded, the meeting adjourned at 6:56 p.m. ____________________________________ Mike Foley, Chairman