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01/18/1995 MINUTES ENVIRONMENTAL ADVISORY BOARD Wednesday, January 18, 1995 - 4:00 P.M. Commission Chambers, 112 South Osceola Avenue, Clearwater, FL PLEDGE OF ALLEGIANCE INVOCATION Members Present: Mike Foley, Chair Jill Melkonian, Vice Chair (left 4:30 p.m.) Brian Morris Anne Garris Early Sorenson Lisa Lanza (arrived 4:13 p.m.) John Jenkins Allan Stowell Also Present: Tom Miller, Assistant Director, Engineering/Environmental Scott Shuford, Director, Central Permitting (arrived 4:50 p.m.) Sally Demarest, Board Reporter In order to provide continuity, the items will be listed in agenda order although not necessarily discussed in that order. A. The meeting was called to order by the Chairman Foley at 4:05 p.m. 1. Approval of minutes Motion was made by Ms. Garris to approve the minutes of the December 8, 1994 meeting with two corrections. The motion was duly seconded and carried unanimously. 2. Confirm agenda Ms. Garris asked that the Bayfront water plants issue be placed on the agenda for the February meeting. Mr. Miller distributed copies of the format for the Advisory Board annual report presentation scheduled for February 2, 1995. Chairman Foley indicated he will be making a presentation before the City Commission on that date which will conform to the format the Commission requires. Mr. Miller announced a conflict in scheduling for the meeting room today and asked the Board if it would be possible to leave by 5:30 p.m.; the Chairman agreed. B. Chair report administrative matters 1. Operating Bylaws Ms. Melkonian distributed Suggestions for Policy Statement dated January 18, 1995. A brief discussion offered suggestions for modification of the current EAC Bylaws, notably changing the word "committee" to "board"; striking obsolete approval dates and reference to standing subcommittees; deleting all references to members' terms in para 1; and the change of quarterly meetings dates to monthly. A error was noted in the City Code section referenced, which should read Section 2.066. It was agreed the edited Bylaws would be prepared by staff and presented to the Board at its next meeting. 2. Powers and Duties Chairman Foley requested City Attorney Pamela Akin clarify the powers and duties of the Environmental Advisory Board (EAB). Her reply stated the Board was created to provide the City Commission staff with citizen insight on environmental activities within and affecting the City. Ms. Akin said the powers of the Board are very limited; sec. 2.163 of the code states the Board shall identify and assess significant environmental objectives, review and provide recommendations to the City Commission on selected projects. She added the Board may use staff only for projects requiring less than eight (8) hours without advance approval of the City Commission. The Board serves in an advisory capacity; it does not have regulatory or enforcement powers. C. Reports of Staff 1. Comprehensive Plan (Lou Hilton) Final changes to the Comprehensive Plan must be filed with the State by the end of December, 1995. Mr. Miller offered to bring the draft language to the Board for consideration as Central Permitting progresses through the development process. Although Mr. Hilton was unable to attend the meeting today, the Chairman was assured the Board would hear his presentation on the Comprehensive Plan, how modifications are made, its impact on the City, and an overview for the benefit of new members. It was agreed that the Board first concentrate on the conservation element. 2. Draft report on NEP Community Action Plan (Tom Miller) For the information of the Board, Mr. Miller explained the City's associations with the Tampa Bay National Estuary Program (TBNEP), other cities and counties, the United States Environmental Protection Agency (USEPA), Department of Environmental Protection (DEP) and the Southwest Florida Management District (SWFMWD). TBNEP is focused on developing community strategies to address the following bay issues: 1) Public health; 2) water and sediment quality (stormwater, municipal and industrial wastewater, toxic contamination, atmospheric deposition); 3) habitat loss; 4) freshwater inflow; 5) dredge and dredge material management; 6) spill prevention and response; and 7) fisheries and bay wildlife. He distributed Potential Management Options, and described the program in considerable detail noting particularly the "deal buster" and critical issues. He indicated negotiations are now going on which will enable everyone to participate to the fullest extent possible. A brief discussion ensued; it was decided the shortage of time precluded discussing each Potential Management Options item individually. Mr. Miller explained a chart indicating improvement of water quality in Tampa Bay mainly due to an AWT process used by treatment plants. He said much of the information presented to the Board today will be included in the Comprehensive Conservation and Management Plan (CCMP), due as a first draft at the end of April, 1995. 3. Watershed Management (Terry Finch) It was noted watershed management is both scientifically complex, economically expensive, and a long and difficult process. Terry Finch, Environmental Programs Supervisor in charge of the watershed programs, gave a comprehensive presentation followed by an exchange of questions and answers. Ms. Finch specifically reported on the status of the Alligator Creek Watershed Management Plan, the implementation project in the Allen's Creek basin and the City's efforts with Safety Harbor in the Mullet/Bishop Creek basin. She described the difficulties encountered when using water quality testing in an attempt to pinpoint pollution. The City has applied to the Federal Government for an NPDES stormwater facility permit draft; it has not been received. The Chairman asked Ms. Finch to keep the Board closely appraised of water quality testing and the baseline water report. Ms. Finch said she would be sure the Board members receive copies of all appropriate watershed flyers, and will bring some for distribution at the next EAB meeting. D. Citizens' Reports (Items for Referral) Public 1. PRIDE representative - St. Joseph Sound Irene DeWitt, 2274 Edythe Drive, Dunedin, Co-Chair, and Joe Bryant, were present representing People Restore In Dunedin Every waterway (PRIDE). Ms. DeWitt distributed packets and copy of a letter to Michael Perry, SWIM Director, placing St. Joseph Sound (the north part of Clearwater Harbor) into nomination on their SWIM Priority Waterbodies list. At the request of the Chairman, Ms. DeWitt detailed the SWIM Priority Waterbodies list process, saying she is meeting with Mayors for endorsement. She explained in considerable detail the correspondence and her efforts in behalf of PRIDE regarding the pollution and silt accumulation in St. Joseph Sound and resultant flooding in area communities. The Chairman suggested a Resolution endorsing this effort. Ms. Garris made a motion to have the Chairman appoint a Board member to provide a draft Resolution for endorsement of the application of St. Joseph's Sound as a SWIM priority water body for Board consideration at its January 15, 1995 meeting and subsequent submission to the City Commission. The motion was duly seconded and carried unanimously. Chairman Foley accepted Mr. Sorenson's offer to provide the Board with a draft Resolution to be presented at the EAB February 15, 1995 meeting. 2. Citizen to be Heard - Jack Alvord Jack L. Alvord, 606 Bayview, Clearwater offered the history of the well on his property and said the 100-year old well is in danger of infiltration with gasoline from an operating FINA filling station at the corner of Bayview and Gulf to Bay. A photograph of the subject area was displayed and explained by Mr. Alvord. Responding to a question from the Chairman, Mr. Miller said staff is aware of this condition and it is being addressed through meetings and the site planning development process, adding the owner is required to clean up the site. The County Health Department has tested Alvord's potable water well and it it appears to have turned up clean for the past several years. Mr. Alvord said he is aware of these efforts, and doubted if FINA submitted required reports. He offered a document signed by the Mayor saying it is against the law to put polutants in groundwater running downstream. A question was raised whether the FINA station had installed fibreglas tanks as required by Federal law. A motion was made by Ms. Garris to adjourn due to the 5:30 p.m. deadline and reconvene in the City Manager's conference room. There was no second. It was noted Board meetings are required to be held "in the sunshine". Mr. Miller offered that DRC (Environmental) has provided language into their site plan review process and has several requirements, i.e. prior to certificate of occupancy, the information must be submitted to Environmental Management which assures that operation of the retention area will not increase the flow of contaminated ground water offsite to the south. This data must be in the form of a contamination assessment report and/or other equal groundwater analyses to verify that no offsite impacts will occur. Mr. Miller said staff is aware of and working on this issue and will protect Mr. Alvord's interest as it would any Clearwater citizen. The Chairman asked that this item be agendaed for the next EAB meeting. It was offered that DEP is concerned about the removal of soils and how it might affect surrounding properties and 289 parts Benzine/billion was evident in test results. Motion was made by Mr. Stowell to ask the City to postpone action until the EAB has had time to review this matter. Mr. Sorenson declined to vote because he lived next door to the premise in question. In the ensuing discussion, Central Permitting Director Scott Shuford pointed out that regardless of action by the DRC, this item is the subject of a rezoning request with a February 28, 1995 hearing scheduled with the Planning & Zoning Board (P&Z). Mr. Shuford offered to relay the EAB's comments to the P&Z and to the City Commission (CC) for CC review in March and ordinance reading in April. He emphasized the Board will have future opportunities to address this issue. Mr. Miller stressed the importance of the Board members hearing facts and recommendations from technical staff so that the Board can make an informed decision. Mr. Stowell's motion was duly seconded and carried with six members voting "aye" ; Mr. Morris voting "nay"; and Mr. Sorenson abstaining. The meeting adjourned at 5:45 p.m., with agenda items E, F and G not considered due to the shortage of time.