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08/21/1996ENVIRONMENTAL ADVISORY BOARD CITY OF CLEARWATER August 21, 1996 Present: Jill Melkonian Chair Whitney Gray Vice Chair Anne Garris Board Member Mike Foley Board Member Allan Stowell Board Member Leslie Dougall-Sides Assistant City Attorney Mike Quillen Water Resource Engineer Gwen Legters Board Reporter Absent: Alan Smith Board Member Lisa Lanza (resigned) Board Member To provide continuity, the items are listed in agenda order although not necessarily discussed in that order. The Chair called the meeting to order at 4:00 p.m. in City Hall. Minutes Approval -- July 17, 1996 Member Stowell expressed concern the specific wording of Comprehensive Plan changes was not reflected in the minutes and the town lake presentation was omitted from today’s agenda. He was informed the summary minutes are intended to record topics and motions, not specific language. Additional discussion regarding Comprehensive Plan readoption and the town lake presentation appears on pages 4 and 5 below. Member Foley moved to approve the minutes as submitted in writing to each member by the Board Reporter. The motion was duly seconded and carried unanimously. Confirm Agenda -- Establish Consent and Regular Agenda Items Correspondence Discussion ensued regarding Member Lanza’s resignation and follow-up correspondence with the City Clerk. Consensus was for Member Gray to send a card, on behalf of the board, thanking Ms. Lanza for her service. In an August 15 memo, Assistant Director of Engineering/Environmental Tom Miller forwarded to the EAB copies of a proposed Tampa Bay National Estuary Program (TBNEP) Intergovernmental Agreement. The proposed agreement establishes a framework for an interlocal Comprehensive Conservation and Management Plan (CCMP). Mr. Miller and Ms. Dougall-Sides will meet with the TBNEP policy committee Friday, August 23, to finalize details. Board members were asked to review the document for consideration at a future meeting. Mr. Quillen invited board members to attend the September 9 dedication of Coopers Bayou Park, at 2:00 p.m. Consent Agenda 1. Edgewater Drive Shoreline Restoration Project -- Terry Finch, Environmental Program Supervisor Ms. Finch reviewed a brief history of this project, stating $6,000 is needed for Coastal Environmental, Inc. to complete permitting and finalize design, construction plans and specifications. It was indicated their performance has been excellent. Ms. Finch displayed graphic representations of the project plan and how it is anticipated to look one year after construction. She will make a presentation to the City Commission early in September. A question was raised how the County can instruct the City to cut back mangroves when the State law says mangroves on public property cannot be trimmed. Ms. Finch indicated legislative authority regarding mangrove trimming is being delegated to Pinellas County for this project. She said this is a high profile project with broad City, County, and public support. The project cannot be done unless the mangroves are trimmed back to six feet in height and, without the project, the mangroves cannot grow. It was not known how this decision relates to the State rule regarding not cutting mangroves on public properties. Member Foley moved to recommend that the City Commission approve payment for additional services in the amount of $6,000, bringing the total expenditures to date to $50,000, to Coastal Environmental, Inc. of St. Petersburg, Florida, for the final design and permitting of the Edgewater Drive Restoration Project, and authorize staff to move the project forward through construction. The motion was duly seconded and carried unanimously. Member Gray stated she will attend the City Commission meeting when this item is heard and urged the board and public to attend, to provide strong support for the project. Member Garris moved to authorize Whitney Gray to speak on behalf of the Environmental Advisory Board at the City Commission meeting when the Edgewater Drive Restoration Project item is heard. The motion was duly seconded and carried unanimously. Regular Agenda 1. Old Business a. Tree Protection -- Mike Quillen Mr. Quillen distributed copies of a newspaper article featuring one innovative way a City crew implemented a new Engineering/Environmental policy. The policy urges making every reasonable attempt to protect trees from unnecessary damage or pruning to meet sidewalk elevation codes for public safety. When trees are on private property, the City requests minimal financial participation by the property owner to cover the cost of materials. Board members thanked staff for addressing this issue. b. Park Place / Tree Bank Policy A question had been raised at the June EAB meeting, whether tree bank money could be used to purchase property for preservation of upland habitat. It was pointed out, when tree canopy is removed and cannot be replaced due to space limitations, habitat is lost. As payment into a tree bank does not provide for replacement of the habitat area, Urban Forester Alan Mayberry and other staff members researched whether such use of tree bank funds is possible under the existing code. It was determined current language does not lend itself to habitat purchases and would need to be changed. Considering recent history, it was indicated $80,000 existing in the tree bank fund is excessive for tree replacement needs, but is not sufficient for a significant property purchase. Matching funds from the City or other agency would be needed to purchase property if the proposed code amendment is approved. A concern was raised that the money might be misused to purchase property for reasons other that habitat preservation. It was indicated land purchased as a result of the proposed amendment would be required to have documented habitat value, and most of the properties on the undeveloped properties list would qualify. Member Garris moved to recommend that the City Commission direct staff to revise Section 52.38, Clearwater Code of Ordinances, to allow tree bank revenues to be used to acquire property that provides habitat benefits beyond just tree protection. The motion was duly seconded and carried unanimously. c. Clearwater Brownfields Project -- Whitney Gray Member Gray submitted and reviewed a detailed report of the July 30 Brownfields orientation meeting she attended on behalf of the board. She explained the City’s Economic Development and Environmental Management departments will work together to encourage cleanup and development of contaminated and economically blighted areas. She stated half the $100,000 grant money will be used for site assessments. She reviewed how the balance of the funds is proposed to be divided to help stimulate environmentally sound economic development within the designated downtown area. It was indicated Economic Development will administer the funds. Staff will apprise the board of site appraisal costs and other details as they occur. Concern was expressed the Brownfields money is being used to fund additional studies rather than actual cleanup. Member Gray responded the intent is to provide a springboard for development, and some of the cleanup cost has to be absorbed by the developers. The Chair thanked Member Gray for an excellent report. 2. New Business a. Adopt-A-Street Program -- Gary Johnson, City Engineering Project Coordinator Mr. Johnson gave a brief history of the program, stating the City received permission and adapted a copy of DOT’s adopt-a-street application form for the City’s use. This form has been approved by the City Manager and Legal Department, and is available to the public through the City Engineering offices. During the August 12 kickoff, citizens worked with Clearwater Police Department and the Solid Waste Division to clean up areas of the Memorial Causeway. The City provides safety vests, traffic control signs and garbage bags to citizens involved in cleanup efforts. Mr. Johnson invited interested families and groups to call him at 562-4779. Discussion ensued regarding the different programs and agencies through which various public areas are “adopted” for cleanup by concerned citizens. One member noted cleaner cities have lower crime rates. Another praised the City’s excellent Solid Waste collection program. b. Jet Ski Impacts -- Mike Foley Mr. Foley submitted a report entitled Personal Watercraft -- Exciting Fun and Recreation or the Final Assault on Coastal Ecosystems. Mr. Foley provided details regarding the popularity of personal water craft (PWC), engine specifications, fuel and oil tank designs, and engine emissions. It was reported, according to EPA certification division testing, between 8.3 and 25 percent of the fuel used in two-stroke PWC engines is blown out, unburned, with the engine exhaust. The amount of unburned fuel depends on the riding habits of the users and research indicated most like to operate PWC’s at full throttle, which expends the maximum amount of unburned fuel. Mr. Foley referenced a variety of publications addressing various aspects of the topic, especially the seriousness of oil contamination in the marine environment. Other problems resulting from PWC use include increased shoreline erosion due to wave action, high noise levels, disturbance and damage to remote habitat areas, and seagrass damage due to increased water turbidity and shallow water launching. Discussion ensued regarding characteristics of two-cycle versus four-cycle engines and the long term effects of propeller and jet dredging on seagrass beds. The Chair thanked Mr. Foley for a wonderful report and opened the floor for discussion. Discussion ensued regarding what the board can do to help alleviate the problem. In response to a question, Mr. Foley was not aware of any local PWC manufacturers who might be contacted to address the board, stating the most popular PWC brands are made in Japan. He noted clean 4-stroke engines with catalytic converters are under industry review, but are not available on the market. Mr. Quillen will investigate suggestions to test water quality at two popular launch sites near grass flats in Clearwater Harbor and restrict PWC use to designated areas. Mr. Foley noted the problem must be quantified to begin effecting change, and he was not sure whether this is being done yet. He indicated most of the available information is speculation based on scientific studies. Staff will send copies of Mr. Foley’s report to the City Commission, TBNEP, and the Agency for Bay Management. Establish Agenda for September 18, 1996 Responding to Member Stowell’s concern about two items omitted from today’s agenda, Chair Melkonian indicated the rules state the Chair will meet with the liaison the week prior to the EAB meeting to finalize the agenda. During her meeting with staff, including the City Clerk, it was determined the town lake research is not ready to present to the board. A mutual decision had been made to postpone this item until after it is presented to the City Commission. Member Stowell requested a legal opinion regarding formal disposition of the items established for today’s meeting, but omitted from the agenda. Assistant City Attorney DougallSides verified, according to the board’s rules of procedure, agenda items established at the last meeting should be continued, tabled, or acted upon. It was understood Central Permitting Director Shuford will bring the Comprehensive Plan amendments forward when the changes are incorporated and ready for EAB review and readoption. Member Stowell requested staff to advise Mr. Shuford of his desire for a report at the next EAB meeting. Member Stowell moved to agenda the town lake presentation for the September EAB meeting, and requested the City Commission to defer any action until after the EAB reviews the presentation and makes a recommendation. The motion was duly seconded. Chair Melkonian expressed concern, stating it was her understanding such a presentation may not be possible unless the City Commission refers the issue to the EAB for a recommendation. She requested the motion be amended to indicate the EAB would agenda the town lake presentation for their September 18 meeting, if feasible. Member Stowell amended the motion on the floor to agenda the town lake presentation for the September EAB meeting, if feasible, and clarified his intent to ask the City Commission to defer action on the town lake and refer the town lake presentation to the EAB for a recommendation. The seconder concurred with the amendment. The motion carried unanimously. Member Garris requested an item regarding the proposed parking lot on Memorial Causeway, stating she felt it is of more immediate concern than the town lake. Member Stowell concurred, stating his interest in hearing a town lake presentation is to be permitted the opportunity to make a recommendation prior to the City Commission voting on the issue. He agreed to postpone the town lake presentation to a future EAB meeting in favor of EAB review of the Memorial Causeway parking lot, if necessary to hear both issues. Mr. Quillen indicated the drawings are not ready, but when they are, this item will be brought to the EAB and two other boards for review. Member Garris moved, in light of the importance to the environment of any activity on the Memorial Causeway, to request the City Commission not to make any decision on parking lots on the Memorial Causeway until the EAB has the opportunity to study the issue and make a recommendation. The motion was duly seconded and carried unanimously. Concern was expressed with considering a parking lot when it is not known what will be done with the new bridge. Member Garris requested an update from City Engineering Director Baier on new bridge routes under consideration. Member Melkonian suggested presentation of staff’s stormwater treatment video, and Mr. Miller’s adopt-a-pond information at the next meeting, if the town lake item is not available. Consensus was to agenda the suggested items if the town lake presentation is not available. Board members were urged to attend the City Commission special meeting regarding the town lake presentation on Tuesday, September 10, 1996 at 9:00 a.m. Adjournment The meeting adjourned at 5:31 p.m.