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07/27/1998BROWNFIELDS ADVISORY BOARD MEETING CITY OF CLEARWATER July 27, 1998 Present: Gary Gray Interim Chair Stephen Fowler Interim Vice-chair Mary Miller Board Member Brian Flaherty Board Member Thomas Noble Board Member Willa Carson Board Member Renu Khator Board Member Absent: Robert Washington Board Member Amy Lovett Board Member Also present:: Miles Ballogg Brownfields Coordinator Cynthia E. Goudeau City Clerk Leslie Dougall-Sides Assistant City Attorney Gwen Legters Board Reporter To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 1-4. Call to Order, Invocation (silent meditation), Pledge of Allegiance, and Introductions Brownfields Coordinator Miles Ballogg called the meeting to order at 3:00 p.m. at the Municipal Services Building. He led a moment of silent meditation followed by the Pledge of Allegiance and introduction of board members. City Clerk Cynthia Goudeau explained brief summary minutes are prepared to reflect concerns and topics of particular interest, but not conversations. She explained the importance of having board members review minutes prior to approval to ensue any action is correctly reflected. Sunshine Law Briefing – City Clerk Cynthia E. Goudeau The City Clerk gave a general overview of the Sunshine Law, stating the board and any subcommittees are subject to the law. Business that may come before the board may not be discussed without notice and minutes. The board coordinator may not serve as a conduit to relay information to another board member. Violation of the law can negate a board action or a City Commission action based on a board recommendation. Members can be held personally liable if they violate the law. Assistant City Attorney Dougall-Sides affirmed it is sometimes difficult to determine what may come before the board, so it is best not to discuss topics that could come forward for substantive action. As board documents are subject to Florida public records law, any correspondence received at home or at a member’s place of business should be on file with Mr. Ballogg. In response to questions, it was indicated an individual board member may receive input and/or speak to outside parties. Members are advised not to sit together if more than one member attends a function where topics of board interest may be discussed. Ms. Goudeau left the meeting at 3:30 p.m. 6. Staff Reports -- Miles Ballogg, Brownfields Coordinator Review of Materials Mr. Ballogg reviewed a lengthy packet of documents contained in the board members’ reference book. He asked members to review the materials and contact him regarding any questions, omissions, or updates. b. Brownfields Overview Mr. Ballogg reviewed a map of Brownfields geographic boundaries and gave a slide presentation: 1) defining Brownfields; 2) identifying types of contamination; 3) highlighting June 1996 EPA Regional Pilot; 4) listing 1997 and 1998 Brownfields legislation; 5) relating City, economic development, jobs and job training tools; 6) additional resources; 7) projects; 8) advisory board role; and 9) board projects (EPA plan). He stated successful Brownfields redevelopment is that which benefits the economy, community and environment. In response to questions, Mr. Ballogg said lack of public participation can be a problem, and is sometimes due to skepticism that Brownfields is another government project that may not happen. Another reason for reluctance to participate could be due to the board’s records being open for public inspection. Some businesses are sensitive and don’t want their projects disclosed. Ms. Dougall-Sides said exceptions exist and requests for proprietary information would be considered. Mr. Ballogg said attaining objectives as identified to the State and members of the public would be considered benchmarks of success. The City can help with environmental issues faced by existing businesses wanting to expand. The Brownfields program is not set up to benefit existing businesses that are not planning to redevelop. The main focus is to bring new business into the community. Tax credits and redevelopment incentives were discussed. Mr. Ballogg said policy covers the gamut of liens, environmental studies, and waste removal issues. 7. New Business a. Selection of Interim Chair and Vice-Chair Consensus was to elect interim officers until a full board is present. Member Fowler nominated Gary Gray as Interim Chair. Mr. Gray accepted the nomination. Nominations for Interim Chair were closed and Mr. Gray was elected by unanimous consensus. Mr. Gray nominated Stephen Fowler as Interim Vice-Chair. Mr. Fowler accepted the nomination. Nominations for Interim Vice-Chair were closed and Mr. Fowler was elected by unanimous consensus. Mr. Gray chaired the remainder of the meeting. b. Selection of Meeting Dates, Time, Place, and Frequency Mr. Ballogg stated the board is required to meet six times per year, but he recommended meeting monthly until a routine is established. Board members agreed holding meetings in the Brownfields area would be beneficial and left meeting locations to Mr. Ballogg’s discretion. Consensus was to schedule regular meetings on the last Monday of every month until further notice. Mr. Ballogg tentatively scheduled the next meeting for 3:00 p.m., July 31, 1998 at Martin Luther King Recreation Center, but noted it may be necessary to move the meeting to August 31, 1998 subject to availability of EPA representatives to make a presentation. If a board reporter is not available, it will be necessary for Mr. Ballogg to arrange to have minutes taken by someone else. c. Rules of Procedure – Assistant City Attorney Leslie Dougall-Sides Ms. Dougall-Sides drafted rules of procedure based on those typically used by other City advisory boards. She reviewed rules with the board. In response to questions, she stated the legislature is working toward determining whether ex parte communications taint the process and violate the due process principle. The City is not currently telling board members not to have site visits or correspondence, but advises informing Mr. Ballogg of such visits or correspondence. 8. Other Business a. Future Presentations Mr. Ballogg will schedule presentations by the US Environmental Protection Agency (EPA) and the Florida Department of Environmental Protection (DEP) as schedules permit. b. Tour of the Brownfields Area Consensus was to arrange a one-hour group tour on Monday, August 10, 1998., 3:00 p.m., leaving from the Municipal Services Building. It was indicated such meetings must be noticed and minutes taken. Suggestions were made to post additional meeting notices at Martin Luther King and Ross Norton Recreation Centers. Member Khator introduced guest Tom Ward, University of South Florida liaison. 9. Public Comments – None 10. Adjournment The meeting adjourned at 4:45 p.m.