09/20/1995 ENVIRONMENTAL ADVISORY BOARD
September 20, 1995
Members Present: Mike Foley, Chair
Jill Melkonian, Vice Chair
Allan Stowell (4:02 p.m.)
Lisa Lanza
Alan Smith
Members Absent: Anne Garris
7th seat vacant
Also Present: Tom Miller, Assistant Director of Engineering/Environmental
Lou Hilton, Senior Planner, Central Permitting Department
Gwen Legters, Board Reporter, City Clerk Department
In order to provide continuity, the items will be listed in agenda order although not necessarily discussed in that order
A. Call to Order - 4:00 p.m., City Hall Commission Chambers
1. Minutes Approval - August 16, 1995
Member Melkonian moved to approve the minutes of August 16, 1995, as corrected by staff. The motion was duly seconded and upon the vote being taken, Members Foley, Melkonian, Lanza,
and Smith voted "Aye"; Mr. Stowell was not present. Motion carried.
Alan Smith was welcomed as a new member. Mr. Stowell arrived at 4:02 p.m.
2. Confirm Agenda - Establish Consent and Regular Agenda Items
B. Citizen's Agenda - None
C. Consent Agenda - None
D. Regular Agenda
1. Old Business
a. Goals, Objectives and Policies of the Comprehensive Plan - Lou Hilton, Senior Planner
Mr. Hilton listed the changes to the existing plan. In response to a question, he reviewed Goal #24, which includes an objective and policies regarding use of the Historical Overlay
Zoning district.
Discussion ensued regarding a City tree inventory, prohibited parking on sand, discharging toxic waste into waterways, and contamination of private potable wells. In response to a question,
Mr. Miller stated Environmental Management enforces regulations regarding toxic runoff, however, extra staff is not available to regularly monitor this. He requested Board and public
input if they see something of concern.
A question was raised regarding Policy 22.2.2 regulating construction and development in natural drainage channels. It was indicated the language had been amended in 1989 pursuant to
consideration of hard lining Stevenson’s Creek. Mr. Hilton was requested to determine what the original language had been and amend the policy to revert to that language. Staff is
to investigate.
Member Stowell moved to amend Objective 22.8 to read, “To protect all City and privately owned and maintained potable water wells from contamination…” The motion was duly seconded and
upon the vote being taken, Members Foley, Lanza, Stowell, and Smith voted "Aye"; Member Melkonian voted "Nay." Motion carried. Mr. Hilton is to check with the legal department to see
if private wells can be included in this objective.
Mr. Hilton stated he will submit to the Board an updated copy of the Comprehensive Plan Goals, Objectives and Policies for final approval at the next meeting.
A handout was distributed with information regarding the City of Dunedin’s Conservation Plan Evaluation and Monitoring Committee.
Member Stowell moved to recommend to the City Commission that the City of Clearwater consider having a Comprehensive Plan evaluation and monitoring committee as a standing committee,
using information provided by the City of Dunedin as a guide, by the end of the 1995 calendar year. The motion was duly seconded and carried unanimously.
b. Reclaimed Water Update - Rich Baier, City Engineer
Mr. Baier discussed current and future transmission lines, 50 percent homeowner participation, and consideration of a temporary short term lease of the City’s reclaimed water to Pinellas
County.
One member expressed concern that certain homeowners are not interested in using the utility as they do not irrigate, or irrigate from shallow wells. She indicated homeowners need to
be aware certain plantings will not grow with reclaimed water. She had been told shallow wells are not included in the Southwest Florida Water Management District’s (SWFWMD) potable
water restrictions. Mr. Baier stated they are and interest could increase as water restrictions tighten up in the future.
A question was raised if any grants are available for innovative methods of reclamation. Mr. Baier stated the City is in meetings with the Pinellas Anclote Basin Board and is requesting
an approximate two million dollar grant for completion of transmission lines in Clearwater and beefed up funding of residential distribution facilities.
c. Beach Tower
Discussion ensued regarding the proposed tower location and possible rezoning of the area. In response to a question, Mr. Baier did not think the issue would go to referendum.
A concern was expressed regarding the tower’s structural integrity related to wind loading and the corrosive beach environment. Mr. Baier indicated a thorough engineering analysis will
likely include x-rays and examination of the paint. It was not thought Environmental Management would be involved in the decision whether or not to go forward with the tower.
Questions were raised regarding the potential financial success of the tower and if a recycling or disposal problem would arise if it is not successful. Mr. Baier indicated sufficient
bonds are required by the lease to take those points into consideration.
d. Sand Castle
Mr. Baier displayed an aerial photograph detailing the area where sand is to be skimmed to a depth of 1.7 feet to obtain several million tons needed to construct a sand castle attraction
on Clearwater Beach for the proposed Sand Blast ‘96. Discussion ensued regarding traffic management and parking at the attraction. Mr. Baier responded to questions regarding the sand
cuts being graded for pedestrian safety.
Concerns were expressed over disturbing sea turtle habitat and any long term effects of the proposed sand binding agent. Mr. Baier stated Department of Environmental Protection (DEP)
permits will be obtained to ensure the project is turtle friendly and the binding agent is biodegradable with no negative effects on children or wildlife. He said an initial task team
came up with a list of 19 questions related to the proposal, but did not issue a recommendation because it was not clear whether or not it would be harmful. A 20-member task team has
now been set up to monitor the effects on the beach.
e. FINA Soil Contamination
Mr. Miller stated one of the issues of concern is whether the City has authority to initiate a contamination assessment process or cleanup of the subject property prior to allowing construction
on the site. While the City cannot pre-empt the State requirement, staff has negotiated with the business and property owners to obtain a report of the extent of contamination and schedule
of cleanup activities as part of the site plan review process. He referred to a letter from Assistant City Attorney Dick Hull concerning jurisdiction in the matter. He indicated, in
the attorney’s opinion, it is not within the City’s jurisdiction to restrict or delay construction on contaminated soil through the building code process.
One member, having received correspondence from a DEP representative, did not agree with this opinion and felt a second opinion should be requested from a DEP legal department representative.
In response to a question, Mr. Miller stated all underground single-walled storage tanks have to be removed by 1998. Concerning leaking tanks, the requirement was for the State to be
notified to begin the cleanup process. He stated that program is currently on hold due to State funding problems and there is currently no cleanup process in place.
Member Lanza moved to request an opinion from an attorney in the Department of Environmental Protection, concerning whether the City of Clearwater can be restrictive with their building
codes on sites which are known to be contaminated. The motion was duly seconded and carried unanimously.
Mr. Miller expressed concern with requesting a State legal opinion regarding a City matter. It was felt Attorney Hull’s explanation of the statute was not clear. Consensus was for
Member Stowell to compile the documentation related to this issue and submit it to the DEP with a request for an opinion.
The meeting recessed from 6:00 to 6:02 p.m.
f. Mangrove Legislation Update - Lisa Lanza
Member Lanza reported the Pinellas County Urban Forestry Council formed a subcommittee that prepared a list of recommendations for amendments to recent legislation regarding the effects
of mangrove trimming. She stated the Urban Forestry Council wishes to be involved in setting the standards for continuing education and competence of licensees to trim mangroves. Ms.
Lanza presented a copy of a study regarding the effects of mangrove trimming and asked that it be copied to the Board.
Discussion ensued regarding requesting delegated authority from the State. Mr. Miller stated in an effort to avoid duplication, the decision was made to support work already being done
by the Urban Forestry Council, as they are in a better position to know the correct procedures for managing mangroves. Ms. Lanza agreed with not pushing the City to obtain delegation
at this time. Consensus was to prepare an agenda item to invite Heidi Lovett to address the Board in October.
As a separate item, Member Melkonian expressed the need to tighten up the agenda item preparation process. She stated, due to a number of pertinent issues involving the staff, they
are exceeding the Commission’s eight hour staff time rule. She reviewed the necessary steps involved in the process, stating the forms are available from Mr. Miller. Chairman Foley
concurred and strongly urged members to prepare their own items ahead of time.
g. Stevenson’s Creek Update
Mr. Miller stated a project is underway with City crews to correct a defect in a mitigation area in the Clearwater Country Club Golf course. He stated they are working with the City
of Dunedin, using an experimental concept that has been successful there. He expects the project to be finished before Thanksgiving and will report to the Board in November.
h. EAB Goals and Objectives
Due to time constraints, this item was continued to the next meeting. Member Melkonian requested members to review a packet of information background information prior to the
next meeting. Member Stowell also submitted information from Dunedin’s Environmental Board for inclusion in the next Board packet.
2. New Business - None
F. Establish Agenda for October 18, 1995
Address to the Board re Agency on Bay Management - Heidi Lovett
Completion of EAB Goals and Objectives
Stevenson’s Creek Update - Overview of Phase II
G. Adjournment
The meeting adjourned at 6:22 p.m.
Chair
Environmental Advisory Board
Attest:
Board Reporter