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07/15/1998ENVIRONMENTAL ADVISORY BOARD MEETING CITY OF CLEARWATER July 15, 1998 Present: Whitney Gray Chair Alan Smith Vice Chair Jill Melkonian Board Member Anne Garris Board Member Leslie Dougall-Sides Assistant City Attorney Tom Miller Assistant Director Engineering/Environmental Keith Bush Public Works Controller Patricia O. Sullivan Board Reporter Absent: David Rhame Board Member The Chair called the meeting to order at 4:00 p.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #A - Approval of Minutes In reference to the regular meeting of June 17, 1998, page 2, paragraph 2, Assistant Director Engineering/Environmental Tom Miller stated the dollar amount should read $3.4-million, not $600,000. The revised Land Development Code is scheduled to go into effect on January 1, 1999. In reference to page 2, paragraph 3, concern was expressed current plans are to fund environmental projects from fees, rather than from Penny for Pinellas taxes as approved by voters. It was noted Leslie Dougall-Sides was not present at the June meeting. Member Melkonian moved to approve the minutes of the regular meeting of June 17, 1998, as amended. The motion was duly seconded and carried unanimously. Approval of the minutes of the regular meeting of May 20, 1998, to be considered on August 19, 1998. ITEM #B - Commission Liaison Report - None. ITEM #C - City Correspondence 1) Memorandum from Rich Baier to Mike Roberto re EAB status Mr. Miller said he had not received written confirmation from the City Manager in response to Public Works Administrator Rich Baier’s June 29, 1998, memorandum requesting verification that the duties of the EAB (Environmental Advisory Board) would not be changed by the revised Land Development Code. ITEM #D - Monthly Site Plan Assessment Review Summary Mr. Miller reported negotiations are underway with IMR for the final sale of the former annex property. Most environmental issues have been brought to closure. The City has removed 8,600 tons of contaminated materials from the property’s North end. Minor solvent related contamination continues to impact ground water. The City’s position is that the solvents are related to the previous petroleum contaminates. The State will determine if the low levels of contamination can be addressed by natural attenuation. Conditions for property use may include a prohibition of potable water wells in the area of contamination. In response to a question, Mr. Miller stated the City Commission had approved the clean-up which cost approximately $462,000. He estimated the total clean-up will cost less than $600,000. In response to a question, Mr. Miller will check the accuracy of the distributed project assessment sheet dated July 7, 1998. ITEM #E - Confirm Agenda 1) Consent Agenda - none recommended. 2) Old Business a) Thank-you to City Manager for Resolution Mr. Miller reported the City Manager had taken a leadership role in the landscaping project at the East AWT (Advanced Water Treatment) Plant. A previous recommendation had suggested the board issue a resolution thanking the City Manager for tackling a problem on the EAB agenda. Consensus was to write the City Manager a letter of thanks. b) PD&E Program Mr. Miller stated the PD&E (Project Development & Environmental) Program, created to assist the City’s overall development of projects and associated environmental concerns, has been expanded to include programs such as water quality, watersheds, site plan development, hazardous and toxic wastes, etc. The program will bring environmental issues to bear on all projects. Beginning in November 1997, public meetings were held to identify issues and stakeholders, assemble data, complete a concept analysis, issue a feasibility report, evaluate alternatives, and produce a final report. The process has redefined some projects. When a project is 30% complete, goals will be reviewed. As no other City has a similar program, the City is using FDOT (Florida Department of Transportation) procedures as a model. Staff representation in the PD&E program includes a real estate and an environmental specialist, an engineer, a traffic calming engineer, and a research environmentalist. A multi-page check list covers issues such as archaeology, water quality, etc. In response to a question, Mr. Miller said 51 projects under consideration must undergo the full PD&E process. Once data is gathered, a cost benefit analysis and feasibility report will be completed for each project and submitted to the City Commission for consideration. The process will ensure all issues, including environmental concerns, are addressed. Projects, such as repaving roads, likely will not require this process. The Town Pond is the first project that will adhere to this process. Departments are working to identify goals, the project’s scope, individual responsibilities, and costs. Concern was expressed regarding the development of the former Sunshine Mall site as a stream once traversed the property. Mr. Miller said the PD&E process is not required for private development. Assistant City Attorney Leslie Dougall-Sides said the developer was advised of the stream during the site plan review and may move some buildings, although the stream may fall in an area already scheduled for landscaping or a retention pond. It was suggested the City identify in a historical record all of the City’s inventive accomplishments such as being the first Florida city to protect its trees by ordinance. Mr. Miller said the 6-member PD&E team is busy working on the 51 projects. The PD&E process will result in accurate oversight of permitting requirements. c) Rate Study Recommendation Mr. Miller distributed a copy of the November 15, 1990, agenda item related to the Stormwater Management Program. The City Commission had approved a stormwater utility fee at that time to reduce flooding occurrences, meet national pollutant discharge requirements, resolve permit compliance issues, limit erosion, improve water quality, provide habitat restoration, and implement Commission approved projects. On July 13, 1998, a consultant provided an update of the program to the Commission. Staff was ordered to evaluate and rank stormwater projects. A baseline standard for different storm levels is being developed. The Alligator Creek basin does not meet the 25-year storm minimal level of service established by the City. Areas where homes flood will be ranked highest. Public health issues could result when the sewer system overflows. Watershed specific management plans will be developed. In response to a question, Mr. Miller indicated homes had been built on the flood plain before current rules were developed. Mr. Miller reviewed a map, noting the location of the most serious flooding problems in the City. Most are related to Alligator Creek and Clearwater beach. Twenty planned projects will be ranked. Most of the projects are to be funded by recommended stormwater fee increases. The fee increase would cover the cost of implementing all slated projects and is comparative to fees charged by other cities in the State. Concern was expressed the City Commission also will consider a significant increase in sewer rates on July 16, 1998. Public Works Controller Keith Bush stated the water and sewer increase of 3% will enable the City to maintain its bond and accomplish mandated construction. Mr. Miller said residents experience drainage problems so infrequently, they are unaware of the cost to maintain the system. He requested the board’s support of the stormwater fee increase. In response to a question, Mr. Miller said the increase will raise $30-million. He indicated more than 100 stormwater issues need to be addressed. Without the increase, some residents would have to wait many years before their neighborhood flooding problems are solved. He reported a loss of revenue is due to a lawsuit won by the Pinellas County School Board that absolved them of this fee. Ms. Dougall-Sides stated the City is dealing with the School Board’s request for a refund of fees previously paid. In response to a question, she said other non-profit organizations in the City have not raised similar arguments. The Board felt the City should not have used General Fund monies for other purposes when the stormwater fee increase was initiated in 1990. In response to a question, Mr. Miller estimated the fee had spent approximately $18-million since its inception on Stormwater Maintenance and Operation. He said the Wastewater Utility Fund covers street sweeping to remove sediments before they are washed into the sewer system. In response to a suggestion, he said staff will continue to apply for grants. The Board felt it is more important to save the City’s environment than to build a new Memorial Causeway Bridge or library. It was suggested increasing the fee is preferable to raising property taxes. It was recommended the City investigate other funding sources before resorting to a fee increase. As these projects originally were to be funded by the new Penny for Pinellas tax, concern was expressed all fees approved be tracked. In response to a question, Mr. Miller said the cost for many Penny for Pinellas projects had been underestimated. In response to a question, Mr. Miller estimated the City has spent hundreds of thousands of dollars in developing these projects. It was recommended the City return money used from the General Fund for other purposes following the 1990 rate increase. In response to a question, Mr. Miller said the Town Pond project remains on the Penny for Pinellas list. Other projects that now require a different funding source include the $13-million Kapok Tree project. It was felt supporting the “lesser of 2 evils” was not beneficial. It was felt alternative cuts to the Penny for Pinellas list should be considered. Member Garris moved that whereas the EAB (Environmental Advisory Board) is reluctant to recommend any fee increase, and whereas projects in the stormwater utility rate study are very important and must be done as hundreds of thousands of dollars have been spent already on planning and due to the projects’ interconnectiveness and benefit to all citizens of Clearwater, the EAB recommends: 1) money previously taken from the Stormwater Utility Fund to fund services that should have been paid by the General Fund should be returned to the Stormwater Utility Fund; 2) alternative and additional sources of funding for the rate study project must be investigated thoroughly; 3) projects included on both the rate study and Penny for Pinellas list (#14, #21, #24, #40, and #41) should be funded by Penny for Pinellas taxes as requested by the voters; and 4) when all alternatives have been exhausted, the rate increase could then be implemented at a minimal rate. The motion was duly seconded and carried unanimously. Member Garris stated she would present the motion to the City Commission on July 16, 1998. 3) New Business - None. a) Tampa Bay Watch - Postponed. b) TBEP Action Plan - Postponed. ITEM #F - Citizens Agenda - None ITEM #G - Establish August 19, 1998, Agenda a) Tampa Bay Watch b) TBEP (Tampa Bay National Estuary Program) Action Plan It was recommended next month’s agenda begin with “Old Business.” Adjournment The meeting adjourned at 6:13 p.m.