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01/20/2016 ENVIRONMENTAL ADVISORY BOARD MEETING MINUTES CITY OF CLEARWATER January 20, 2016 Present: Chair Linda S. Varonich, Vice Chair Lynn F. Sumerson, Board Member Michael Engelmann, Board Member Lindsay Collins, Board Member Leann J. DuPont Also Present: Laura Mahony—Assistant City Attorney, Ed Chesney— Environmental Manager, Patricia O. Sullivan — Board Reporter 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. 2 —Approval of Minutes 2.1. Approve minutes of the October 16, 2015 Environmental Advisory Board meeting as submitted in written summation and reconsider minutes of the July 15, 2015 Environmental Advisory Board meeting. Member Sumerson moved to approve minutes of the October 16, 2015 EAB (Environmental Advisory Board) meeting as submitted in written summation. The motion was duly seconded and carried unanimously. Member Engelmann moved that in reference to Item 5 — Round Table Discussion for Future Focus in the July 15, 2015 minutes, to amend the motion on page 3, line 25 to read "I move that the Environmental Advisory Board supports the anti fracking ordinance." The motion was duly seconded and carried unanimously. Member DuPont moved to amend the minutes of the July 15, 2015 Environmental Advisory Board meeting that were adopted previously on October 21, 2015 so that page 3, line 25 reads "that the Environmental Advisory Board supports the anti fracking ordinance." The motion was duly seconded and carried unanimously. 3 —Citizens to be Heard re Items Not on the Agenda Lisa Lanza expressed concern re the tree ordinance and recommended an arborist review it with the board. She supported adoption of ordinances that: 1) ban plastic straw distribution at the beach; 2) prohibit wildlife feeding; and 3) prohibit fuel leaks when boats are fueled. She said the board should meet monthly, later in the day, and members should submit conflict of interest forms when appropriate. She requested information on the City's share of the BP settlement and how it would be spent. It was stated several beach establishments did not provide straws and that issue could be investigated. Support for the current meeting time was expressed to avoid late night adjournments and it was noted that board members could make concessions to attend four meetings a year. It was stated all boards would want to meet more often if the EAB met monthly. To make meetings more productive, it was recommended that background information be distributed in time for members to review and research agenda topics. Environmental Advisory 2016-01-20 1 Environmental Manager Ed Chesney said the City did not distribute noxious trees; staff provided guidance to residents who received trees on Arbor Day. The City could not stop people on private property from feeding birds or wild life. The City Council would determine the use of BP money. Harbormaster Bill Morris was investigating a fuel spill on Island Estates; no ordinance was proposed. Mr. Chesney did not know the outcome of an isolated fuel spill in Belleair. City management determined the frequency of advisory board meetings. 4—Coastal Resilience Vulnerability and Adaptation Pilot Study Mr. Chesney said the City was 1 of 3 Florida cities/counties to be awarded grants to conduct Coastal Resilience Vulnerability and Adaptation Pilot studies. The City will serve as a model community. Planner Kyle Brotherton will head the study with the help of consultants. Planner Kyle Brotherton said the study will assess management of sea level rise. Tomorrow's design meeting will determine which infrastructure issues will be studied. The City will provide final input for statewide policies. The study was scheduled for Council adoption in October 2016. Mr. Chesney said Clearwater designed its infrastructure to meet City needs over the next 30 to 50 years. Sea level rise will affect each department differently. A PowerPoint presentation will be scheduled for a future meeting to update the board on the study's progress. It was noted that sea level rise predictions for 2020 to 2050 varied significantly and it was questioned which model would be used to assess future infrastructure needs. Information was requested re anticipated sea level rise effects on the Clearwater Beach roundabout. It was stated future utility and stormwater decisions will be less difficult than planning department decisions. Concern was expressed that the City not be held liable when future development applications are denied due to anticipated sea level rise or when approved projects become affected by sea level rise. 5— Fracking Resolution Discussion, and Unfinished Business Discussion ensued regarding the board's July discussion re fracking. In response to a suggestion that both sides of an issue be presented before the board makes recommendations to the City Council, it was noted that board members will have time to research agenda topics before future meetings. Assistant City Attorney Laura Mahoney said every board member had the opportunity to contribute to each discussion. Discussion ensued. The negative consequences of fracking in Pennsylvania and Texas were reviewed. Concern was expressed that prohibiting fracking in Florida could have unintended consequences if, for example, an important resource is discovered underground. It was felt that fracking should be allowed in Florida if done responsibly with safe substances and by operators that divulge the chemicals they use. While it was agreed technology may change in the future, it was stated that restrictions could be lifted if safe fracking methods could be implemented. Mike Flanery spoke in opposition to SB 318 that would prevent Florida communities from regulating fracking. He said fracking could cause sinkholes and be hazardous to Florida's aquifer by releasing bacteria and arsenic. In response to a question, he said Florida had no laws to prevent fracking; fracking could be done in south Florida to obtain oil and natural gas. He said fracking chemicals that seemed harmless could turn out to be unsafe. He said operators also fracked to obtain helium. Environmental Advisory 2016-01-20 2 Ms. Lanza said information re SB 318 was available, Florida cities had passed resolutions banning fracking, and fracking chemicals could contaminate the City's recharge program. It was commented that laws prohibiting oil drilling near Florida's coast would outlaw fracking in Florida. It was stated the MSDS (Material Safety Data Sheets) included little or no information re effects, mitigation efforts, etc., for most chemicals used for fracking. Discussion ensued re Pinellas County's fracking resolution which was limited to oil and natural gas. It was noted that Senate Bills could be amended and competing bills on fracking were being considered. Member Sumerson moved that the EAB supported the anti-fracking resolution. The motion was duly seconded. It was suggested that the motion was not specific and should reference Pinellas County's resolution or one at least as stringent. Member Engelmann moved that the EAB support a resolution at least as stringent as Pinellas County's resolution titled Support for Ban on Well Stimulation Resolution for BOCC dated 10/20/15 and not be limited to natural gas and oil. Concerns were expressed that operators may want to frack for uranium, a new cure for cancer, etc. It was recommended the motion ban all fracking. It was stated that fracking for gold in Finland was disastrous after uranium was discovered. The motion died for lack of a second. There was no action on Member Sumerson's motion. Mr. Chesney request board review of unfinished business that may require follow-up. Member Sumerson questioned how residents will know when the City Council considers the Sand Key Marriott's dock application; residents will want to encourage neighbors to address Council at the meeting. Mr. Chesney said he would keep the board apprised of the status of the request. City authority re dock approval was limited to setbacks. Anyone could contest a dock decision by FDEP (Florida Department of Environmental Protection) or the Army Corps of Engineers. It was questioned when the washed out bridge at Moccasin Lake Nature Park would be replaced. It was stated the Parks & Recreation Department did not care about the nature park and had presented plans that never happen. It was felt Parks & Recreation Director Kevin Dunbar did not have the courage to speak to the EAB. Mr. Chesney said the boardwalk would be replaced. It was recommended the board follow-up on unresolved topics the EAB presented to the City Council last February. Concern was expressed that the State's discontinuance of the vehicle inspection program had put the environment at risk. A resident said vehicle inspections also were important to ensure vehicle safety and she was looking for new EAB members. Environmental Advisory 2016-01-20 3 Comments were made that the board's visit to Cooper Point had not been scheduled and the eagles were nesting and eaglets were visible. Mr. Chesney will schedule a date for the visit. 6 — Agenda topics for April 20, 2016 meeting Mr. Chesney said beginning in April, EAB meeting agendas and all associated documents will be loaded into Granicus /Legistar and available for review by board members and the public at least one week prior to meetings, avoiding confusion associated with handout distribution at meetings. Board members may request inclusion of items on the agenda and submit related documents; the public may not list items on the agenda. Mr. Chesney will review the agenda with the Chair prior to its publication. With consensus, the board can schedule items not listed on the agenda for discussion at future meetings. It was recommended that board members submit suggestions for April meeting topics to Mr. Chesney by March 20, 2016. 1) Mike Flanery's letter 2) Recharge program implementation update. 3) Clearwater Christian College wetlands acquisition. 4) North Marina Area Master Plan /Downtown Comprehensive Boating Plan 7 — Adjourn The meeting adjourned at 5:50 p.m. Attest* oard Rep U L/X Chair Envir• mental Advisory Board Environmental Advisory 2016 -01 -20 4