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04/25/1994 CITY COMMISSION SPECIAL MEETING DUNEDIN PASS April 25, 1994 The City Commission of the City of Clearwater met in special session at City Hall, Monday, April 25, 1994 at 6:00 p .m., with the following members present: Rita Garvey Mayor/Commissioner Fred A. Thomas Vice-Mayor/Commissioner Arthur X. Deegan, II Commissioner Richard Fitzgerald Commissioner Sue A. Berfield Commissioner Also present: Elizabeth M. Deptula City Manager Kathy S. Rice Deputy City Manager William C. Baker Assistant City Manager Paul Richard Hull Assistant City Attorney Michael Walther Coastal Technology Deborah A. Getzoff Outside Counsel Cynthia E. Goudeau City Clerk The meeting was called to order at 6:00 p.m. Mayor Garvey led the Pledge of Allegiance, and the Invocation was offered by William C. Baker, Assistant City Manger. Mr. Walther was engaged by the City to pursue permits for the reopening of Dunedin Pass. He has submitted a draft Conceptual Development Report for the Reopening of Dunedin Pass, and the purpose of this public hearing is to receive public input on the project. Elizabeth Deptula, City Manager, stated this process began in October, 1993, when the contract with Mr. Walther was approved. She stated Phase I is almost complete. Phase I is the pre-permit application phase; Phase II will be the preparation and submittal of the permit application; and Phase III, the actual permitting process. Mr. Walther stated minimal surveys have been done and water quality samples have been taken. An analysis of available statistics has also been done. He stated the purpose for tonight's public hearing is to sample local opinion regarding the project. After tonight, he will be completing the conceptual development report which will include steps to be followed in obtaining the permits. He stated there will need to be an assessment of public benefit and cost of the project. The Commission will, at a later date, act regarding whether to proceed with pursuing the permits. Mr. Walther presented overheads that showed the history of Dunedin Pass, which was originally called Big Pass. He stated in 1926, a hurricane opened Hurricane Pass, and Big Pass began to close. He stated the closing was also contributed to by manmade activities such as dredge and fill projects, construction of Island Estates, Memorial Causeway, etcetera. He stated the Pass is now completely closed, and this is not a natural occurrence. The main benefits to be gained from reopening the Pass are improved navigation and reduced openings of the Memorial Causeway Bridge. Opening the Pass will also provide for safe harbor and improve water quality in the dead end of the Pass. He indicated violations of State standards for water quality have been found in the closed end. Mr. Walther stated the remainder of the harbor has relatively good water quality, in that it meets State standards. He stated the land bridge that now exists between North Clearwater Beach and Caladesi Island is not desirable to the State. He reported grass beds have developed in the closed Pass and are considered to be a bird habitat. Dredging would temporarily lower water quality and also result in the loss of habitat, which may be potential costs that would have to be mitigated. Where to open the Pass was studied and the location that makes the most sense is to open it in the location at which it closed. Cost alternatives will be investigated related to the location of the Pass, the dredge process to be used and the placement of the fill. Mr. Walther stated, currently, the best recommendation seems to be to dredge it where it closed, placing the sand on surrounding beaches and providing structures to maintain the Pass with the least amount of maintenance dredging. In pursuing the permits, it will be necessary to investigate the alternatives to demonstrate the most effective way to address the City's objectives for navigational improvement. Mr. Walther stated there has been talk of a new fixed level bridge for Memorial Causeway; however, that will be 10-15 years down the road. Changes to Hurricane Pass would need to be addressed; all natural resources and habitat will need to be documented, and it will have to be identified how those resources will be impacted and how to minimize, and possibly mitigate, the impact. It will be necessary to document the sediment processes; core borings and other tests will need to be taken. Ultimately, it will be necessary to provide assurances to the State that the City is prepared to maintain the Pass, mitigating adverse impacts to surrounding properties. He indicated there is a lot of work still to be done. Deborah Getzoff stated a dredge and fill permit will be needed from the State, as well as easements. She stated factors used to evaluate the feasibility of the project will be 1) impact on public health, safety and welfare on adjacent properties; 2) conservation of wildlife and habitats -she stated there is use of the area by wildlife, and that will be an important issue to the State; 3) Fishing and recreational value and the marine productivity in the area; 4) whether this is a temporary or permanent opening - she stated previous concerns have been expressed regarding the City being committed to keeping the Pass open; 5) impacts on navigation and water flow; and 6) current conditions and value of function provided. The ultimate criteria will be whether or not opening the Pass will be clearly in the public interest. Ms. Getzoff further reported Pinellas County has been designated as an aquatic preserve. Whether or not the State grants the easement that would be needed for the dredging will also be based on whether or not the project is clearly in the public interest. She stated the Corps of Engineers will also evaluate the project, and their criteria gives greater weight to navigational improvements. She stated it is extremely important to determine public support for the navigation and recreation aspects of the project. Mr. Walther indicted he will be making notes of the comments made at tonight's meeting and include them in his report. Bob Henion, representing the Sand Key Civic Association, stated they favor opening the Pass as it would improve water quality and navigation. He also expressed concerns regarding the large amount of water going through Clearwater Pass at this time, and felt the opening of Dunedin Pass would result in less tidal flow and less turbulence. Marjorie Prism, representing the League of Women Voters, stated they are opposed to the opening of Dunedin Pass. She stated the project does not meet the criteria and is not consistent with the Coastal Management Plan. She stated there are also environmental issues as this is an aquatic preserve with flourishing wildlife. Ms. Prism also expressed concerns that it will cost over $2 million, not including maintenance. She did not feel the opening is in the public interest. Bill Stephan, representing the Marine Advisory Board, stated they are in favor of opening the Pass. He agreed the navigational opportunities to be provided would be significant. He stated they are also concerned about the environment; however, the Pass closed due to manmade actions. He stated it is important that the water quality at the end of the Pass is deteriorating. He indicated the bird and fish life in the area have changed. He felt the birds are taking the opportunity of the accreted land; however, it is a temporary home. Mr. Stephan reported grass flats in that area were larger than they are now, fishing no longer exists in the Pass, and it has become a mud flat. They support opening of the Pass as they feel it will help nature to restore the activity and water quality in the area. Mayor Garvey questioned if the Marine Advisory Board had reviewed Mr. Walther's draft report. Mr. Stephan indicated they had not. Sheila Cole, representing the Island Estates Civic Association, stated they are in favor of opening the Pass. She stated this is not an artificial opening, but it is an artificial closing. Phil Henderson, representing Clearwater Chamber of Commerce, stated their position in 1988 has not changed to date, and they are in support of the opening. He reported there was strong support from the voters for the opening. He felt there would be positive impacts on the environment and the public well being, as it would reopen a 100 year old navigational pass, improve water quality, increase light for the grass beds, and the sand could be used to build back the beaches. He also felt it would increase the integrity of the Clearwater Pass Bridge. Another benefit would be the decrease in the openings of the Memorial Causeway drawbridge, and the resultant reduction in auto pollution. He stated rangers in Caladesi Island have reported that, when the Pass closed, birds left the area. Joyce Kane, representing St. Petersburg Audubon Society, stated there is an ecosystem in the Pass that supports plant and animal activity that needs to be protected from human activity. She stated the opening of the Pass would be thoroughly damaging, and the full impact has not been studied. She stated the cost would be too high in environmental destruction. Ms. Kane stated Florida Fish and Game has designated Dunedin Pass as an important habitat. She did not feel habitat should be destroyed in order to solve a traffic problem. Andy Nicholson, representing the Clearwater Marine Science Center, stated they passed a resolution to support opening Dunedin Pass. He indicated they own the private property that would be most affected by the project. He stated with the closing of the Pass and people walking between Clearwater Beach and Caladesi Island, the habitat is placed under continued stress. He stated the Marine Science Center is available to work with the City in the project. He reported heavy metals testing in Clearwater Bay have indicated copper levels do not meet State standards. Loretta Harding, Clearwater Audubon Society, stated Coastal Technology is using data out of context regarding original public support for the opening. She referenced reports by other individuals regarding loss of seagrass coverage, stating some of the loss has been the result of dredging in St. Joseph Sound. She stated these studies do not support Coastal Technology's conclusions regarding seagrasses. Tom Reese, stating he is legal counsel to several residents, indicated they are opposed to the opening as it will cause erosion to private properties. He stated he has litigated other pass openings and has been successful. He stated Hurricane Pass is available for navigation. He felt the City would never obtain the permit needed. Joseph Wagner, representing the Suncoast Sierra Club, stated he agreed with Mr. Reese that the City would not obtain a permit. He felt the Pass should remain as nature has closed it. He felt the costs would be extremely high in order to open it, and it would be a burden to taxpayers. He stated the Sierra Club is investigating the cost of hiring an attorney to challenge the City's application for a permit. David Little indicated he was the Chairperson of the task force which supported the reopening of Dunedin Pass. He stated in 1988, the voters overwhelmingly supported the reopening. He presented pamphlets and bumper stickers that had been produced during that time. He stated he is surprised that environmental groups are against the opening as the purpose of the project is to help the environment. Mr. Little stated the task force, in supporting the opening, focused on the Pass closing was manmade. He felt it is the responsibility of the City to reopen the Pass. He reported the Memorial Causeway and Island Estates severely impacted nature and caused the closing of the Pass. He stated many members of the task force belong to environmental groups. He stated he was amazed at the wildlife that went through the Pass when it was open. Bill Wallo stated the majority of people voted in favor of opening the Pass. He stated the State did not notify the City of any objections. At the time of the vote, the City wanted the County and the State to pay for the dredging. However, influential residents had the application pigeon-holed. He stated Clearwater Pass is slowly dying, and Hurricane Pass is also silting in. Mr. Wallo expressed concern that the currents in Clearwater Pass are hazardous to swimmers. Joe Butler indicated he has lived on Island Estates for 30 years and, at the time Island Estates was constructed, the City was told the closing would occur. He stated the City should take care of the waterways. He reported this is not a political situation. The closing is manmade because of the islands. He reported the bottom of the bay is full of slime. He stated the City has a responsibility to open the Pass, and that money and politics should not enter into the picture. Nancy McClellan referenced a study by Dr. Davis stating Dunedin Pass has a large amount of mud. She stated Coastal Technology's report is implying that is bad. She stated, however, the presence of mud pellets represents a deep and protected environment. She reported Dr. Davis' analysis of the sediment reveals it is alive and healthy. Ms. McClellan further report that, although the current is slow, there is a distinct tidal flow. She opposes the dredging as it would be damaging to plants, animals and taxpayers. Joshua Magidson stated he lives in the area of the Pass, and the number of people walking from North Clearwater Beach to Caladesi Island has been overblown. He stated the people that impact the area are the boaters that walk across the nesting areas. He stated the cost of the project is important in that the taxpayers will have to pay for it. He felt this was a government boondoggle that will go on for many years, and it would be irresponsible to pursue the permits. He requested the Commission look at the data and vote on the project as if they were having to pay for it. Dennis DeFlamming stated there are many considerations for opening the Pass. He felt the one that was paramount was the pollution aspect. He stated the City owes it to the children to open the Pass. He stated if the water in Clearwater Bay turns brown, the tourists will no longer come here. Keith Laden stated if the metal levels are too high in the water, the source of those metals should be addressed instead of dredging. He stated the money for the dredging should be used to prevent runoff into the bay. He stated mother nature does not need our help. Marsha Daniels read a letter from Professor Hind into the record. His letter indicated dredging would be a useless exercise and a waste of money. Improvement of the water quality is a red herring, and the source of the pollution should be addressed. His letter also indicated inlets open and close naturally. He did not feel the opening was justified or cost beneficial. Kent Rowe stated he is opposed to the opening. Only a maximum of six people walk across to the park on Caladesi Island in a day, and there is no revenue lost to the State. He stated claims of feral cats and dogs crossing over to Caladesi Island is also false as there are none on Clearwater Beach. He stated he is concerned regarding the damage by the dredging. He felt it would harm the ecology. Dorothy Berg stated she is against the dredging. She stated Coastal Technology is using misinformation regarding the vote to open the Pass. The question began with "if environmental concerns are addressed." She stated the wording of the question was structured in order to influence the result. The straw vote was too small a percentage to say the people of Clearwater support the opening. She referenced a 1989 letter from the Secretary of the Department of Environmental Regulation which referenced the favorable vote by the City of Clearwater, but also stated there were other criteria to be evaluated in the permitting process. She stated there are five environmental groups that are against the opening of the Pass. Opening it would be, as cited in a Clearwater Times editorial in 1983, "expensive and foolhardy." Ellen Pfau stated she is not interested in having the Pass dredged. She stated this project has been studied and studied. Since the closing, there has been a greater number of species of birds in that area. She stated 1988 and 1989 studies used by Coastal Technology were both done by Biological Research, which was more interested in doing more studies. Ms. Pfau stated Biological Research did not have a lot of experience in documenting bird habitat and, at the time of their study, it was not nesting season. She stated opening the Pass would destroy the habitat and the ecosystem, and she felt the cost was too high. The meeting recessed from 7:31 to 7:40 p.m. Walt Walker, who stated he was a member of St. Joseph Sound Ecology Association, recommended the Pass be relocated as far south as possible, and that a sand bypass pump be used in lieu of hardening the Pass. He stated marine habitat is not flourishing in the area, it is dying. He also reported boat propellers are tearing up the grass. Mr. Walker stated the grass is barely living and, if the water quality were improved, the grass would flourish. He agreed that stormwater quality should be addressed, but he felt the opening should also be accomplished. He reported rangers on Caladesi Island are saying people are crossing over the land bridge from North Clearwater Beach. He congratulated the City for hiring an attorney to assist them with this project. He reported if the opening of the Pass is large enough, the Pass will be stable. He felt opening the Pass would also improve the water quality. Mr. Walther indicated a bypass pump had been considered, but a mobile dredge would be more cost effective. Clark Lee stated he lives at the north end of the beach, and that water quality has deteriorated. He stated years ago, when the Pass was open, it was one of the best areas for fishing. He felt the City should consider doing more to prevent boats with propellers from being around the islands in order to protect the grass beds. Charles Pfau, referencing a 1986/87 Pinellas inlet study done by Dr. Ross of the University of Florida, stated Dr. Ross's report indicated the Pass could be stable conditioned on its size and the water prism being improved. He stated Dr. Ross's study used inaccurate information regarding the tides and, therefore, was invalid. Mr. Pfau opposed opening the Pass. John Meek, Jr. stated he has lived here since 1953. He reported that 25 years ago they were able to camp out on the north side of the Pass, and the water would be crystal clear. He stated they use to catch fish and stone crabs in that area. He stated, now, his 14 year old son will spend countless hours along the seawall because the muck in the bay is so terrible. Mr. Meek stated birds were there when the Pass was open. He asked that the Commission help the ecosystem and tourism by opening the Pass. Ike Eisenhower stated he has looked down on the west coast of Florida for over 30 years, and the bay is in sad shape. He stated if birds do not like a location, they can move; however, humans can not. He requested the Pass be opened. Page Shuman stated she is a science teacher at St. Paul's School. She read a letter from Ralph Heath, of the Suncoast Seabird Sanctuary, in opposition to the opening of the Pass into the record. Mr. Heath's letter stated the area was a fertile, productive habitat. Shore and wading birds are there and the area is attracting more birds. The letter reported the habitat is disappearing throughout the County, and to open the Pass would damage the population of birds as they have nowhere else to go. It also reported maintenance dredging would cause siltation, which would damage the grass beds. He felt if the Pass were open, it would subject the area to greater hurricane and storm damage. He did not feel the Pass should be opened because wealthy and influential people are too lazy to go to another pass for boating. Vevie Dimmit stated she is tired of coming back to address this issue. She stated it is in the Marine Science Center deed that they have to be in support of opening the Pass. She stated when she was a child in the 1950s, Florida had the same population as Delaware. Pinellas County now has more people than Delaware and five other states; therefore, more cars and boats. Ms. Dimmit stated she has never known a hardened pass that did not cause beach erosion. She requested the monies for the dredging be put into a fixed bridge for Memorial Causeway. Ray-Paige stated that Coastal Technology's claim that water quality will improve is false. She stated Dr. Dean has reported that opening the Pass would result in minimal flushing action, and it would be limited to the Pass area. She challenged the validity of the water quality sampling, as they were done at different depths and temperatures. She stated there are birds at the Pass, and the Pass will not remain open even with hardening. Bill Albright stated he has waterfront lots on the beach. He stated Hurricane Pass is not an alternative as any boat with more than a 3-1/2 to 4 foot draft is marginally able to pass through that opening. He stated people are walking to Caladesi Island in order to avoid the entrance fee into the park. He stated there is congestion in the Clearwater Pass area, and there would be a 40% reduction if the dredging were to take place. Mr. Albright stated the sand from the dredging could be used for beach renourishment. Don Cochran stated he was born here in 1918. He stated the best evidence that the water quality is diminishing is visual. Fishing inside Caladesi Island is good where the water is beautiful. The gulf is trying to get into Clearwater Bay. He stated there is a new pass at Hurricane Pass. Mr. Cochran sated the current through Clearwater Pass is terrible, and opening Dunedin Pass would reduce the current. He stated Carlouel Yacht Club is now a mud flat. He is in support of opening the Pass. Vic Wakeman stated he has lived on the water north and south of the causeway for over 50 years. He stated all the studies are short term studies. The wildlife was more extensive with the Pass open. He stated manmade spoil banks have more bird life as there is greater tidal flow in those areas. He stated the City is in this fix because of actions of the City Commission's predecessors. Mr. Wakeman stated it was not mother nature that closed the Pass, but lack of foresight and irresponsibility. He further reported he is a staunch environmentalist and conservationist. For safety, there is a need to open the Pass, and the Commission has a responsibility to undo what their predecessors did. Glen Warren stated he has also spent 50 years on the bay, and it is now nothing but mud. He stated man closed the Pass with the causeway and Island Estates. He felt the Pass needed to be open in order to give the bay some "ventilation". He also stated partially treated effluent has been dumped in the bay for years, and this needs to be addressed. Roland Ware stated he was born in Clearwater in 1928, at which time the name Clearwater was appropriate as the bay was pristine. He stated the water quality will only get worse if the Pass remains shut. He felt if the opening was done correctly, there would not be a need for maintenance dredging. He felt it should be kept narrow so that it would flush itself. David Perkins stated he came to Clearwater in 1925. He stated that, until the Corps of Engineers adopted Little Pass as the one to keep open, Big Pass remained open by itself. He stated the degradation of the water quality is terrible. There is lots of sand in the Pass, and beach renourishment is needed. He hoped the Commission would open the Pass. Ward Rogers stated scientific issues are being clouded by politics and emotion. He stated all should want what is best for the area. He stated opening the Pass would cause loss of nesting grounds, but the benefits would be improved water quality, decreased water flow through other passes and healthy fishing areas. Don McFarland stated he has lived in Clearwater for a long time and has seen the deterioration of the bay. He is convinced the curtailment of water flow is responsible for that. He felt opening the Pass should be pursued with all diligence. He said good things are expensive, and the City should be prepared to go all the way in order to get the permits. Mayor Garvey thanked the public for attending and showing their interest in this project. She stated Coastal Technology will come back with recommendations regarding the best way to proceed. She stated there are still a lot of questions to be answered. Mayor Garvey stated the cost and the chances of getting the permits are things Coastal Technology will review in their report. She stated, at some point, the City Commission will decide whether or not to go forward with the project, but no decision will be made tonight. Mr. Walther indicated he hopes to have his report completed within the next two weeks. Commissioner Thomas questioned the steps to be taken in order to go through the permitting process. Mr. Walther indicated his final report will identify the requirements and the cost to obtain the permits, construct the Pass and maintain it. At that point, all efforts will stop until the Commission directs him to proceed. He stated if the direction is to proceed, he will prepare the application for the reopening. He does not know all of the data that will be required, and there may be additional costs. Commissioner Thomas questioned if the next step was the report and the Commission deciding a go or no go. Mr. Walther indicated this was correct. Commissioner Thomas questioned, if direction is to go forward, whether or not there would be more public hearings. Mr. Walther indicated there would be no public hearings required in the permitting process. Ms. Getzoff indicated there would be none at the local level, and the consultants would come back at the City Commission's request. Commissioner Thomas questioned if the City Commission was in the permitting loop. Ms. Getzoff indicated that Coastal Technology has been designated as the City's agent. She stated because she foresees a strong issue regarding wildlife, it will be important that the City Commission be strong in supporting the project. She stated it will be a close call in balancing the factors. Commissioner Thomas questioned, if the vote was three to proceed and two not to, whether or not that would weaken the City's position. Ms. Getzoff indicated the vote would stand as the City's position. She indicated there may be a need for Commission members to personally interface with the other agencies to express their support. Commissioner Thomas questioned the number of steps that would be required if the permit is denied and the City decides to litigate. Ms. Getzoff indicated there would be a hearing with the State with a recommended order to the State agency. She stated that could be appealed to the District Court of Appeal, and would take 8-18 months. If it is appealed, that could take 1-3 years for a final decision. Commissioner Thomas stated this would be a five year process if it were the worst case, and questioned the cost. Ms. Getzoff indicated this would be difficult to predict, but she would estimate between $3-400,000. Commissioner Deegan questioned what was voted on in October. The City Clerk indicated the contract with Mr. Walther. Commissioner Deegan stated he felt it is on the record that this City Commission was planning to go forward with the process to administrative hearing, if necessary. The City Clerk will check the record. The meeting adjourned at 8:49 p.m.