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Minutes ADOPTED |
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Myakka
River Management Coordinating Council April 18, 2003
Charlotte Harbor Environmental Center’s (CHEC) Projects Update – Betty Staugler This is the first MRMCC meeting CHEC has participated in. They have a few projects in the Myakka Watershed: 1st Project – The Septic Tank Project that was funded by the Charlotte Harbor National Estuary Program (CHNEP) is nearing completion. They are mapping and investigating the number of septic tanks along the river. 2nd Project – Water Quality Status and Trends has been completed. It was funded by the Southwest Florida Water Management District (WMD) and consisted of monthly water quality sampling to determine status and trends. A report was produced and copies are available from CHEC. 3rd Project – Tidal Myakka River Water Quality Monitoring data are being collected on a monthly basis, for the river in Charlotte County. 4th Project – Restoration Needs Assessment, which is a part of a much larger project that is being funded by the CHNEP, that will look at restoration needs such habitat, hydrologic, water quality, and potential opportunities including land acquisition. 5th Project – Public Outreach also funded through the National Estuary Program. This is a new residence packet available at the office and at County level; one for Manatee, Sarasota and Charlotte Counties. Packets were passed around. Chris Becker added that CHEC produced a publication for homeowners on identifying invasive exotic plant species and ways of controlling them. 400 copies have been made for distribution to homeowners. Maran Hilgendorf mentioned that as part of the project CHEC is hosting two workshops, both in Charlotte County, for property owners about invasive, exotic species.
There has been little change since the last MRMCC meeting. Currently 14 minor work permit applications are on review for various reasons and one major work permit which was also discussed at the last meeting for a boat ramp in Myakka River Trails area. Ten permits for individual homeowners in the Myakka River Trails (MRT) are still on hold pending Army Corps of Engineers approval same as last meeting. A couple of permits are under review but the applicant needs to submit additional information. A permit near Starfish Circle is near completion and is likely to be issued soon. The boat ramp permit for the lots in the MRT subdivision that don’t have riverfront property is essentially complete now, and a date will likely be set for a Board of County Commissioner’s Hearing some time next week. It will probably take place sometime in June/July. People in the area will be contacted, and it will be advertised in the Sarasota newspaper prior to the public hearing for the boat ramp. Two permits have been issued since the last meeting, one in the Myakka Country Estates area for a dock and boatlift, and a permit was issued or is ready for issue in Brentwood Drive for a Canoe/kayak launch. Two new applications have been received, one in the Myakka Country Estates area. It is likely to be issued soon pending Army Corps of Engineers approval. There is a fairly new permit application in the MRT area for Lot 51 that is likely to require some additional information. Questions and answers followed. Sarasota County’s Environmentally Sensitive Lands Program Update – Nancy Edmondson Of the 34-miles of the Myakka River in Sarasota County, more than half of the shoreline is under public ownership - over 22 miles. It falls under the jurisdiction and management of several different agencies, including Sarasota County, the Florida Department of Environmental Protection (DEP), the Southwest Florida Water Management District, and the Division of Forestry. Since the last MRMCC meeting there have been a few new properties acquired through Sarasota County’s Environmentally Sensitive Lands Protection Program (ESLPP). One property is adjacent to the Pinelands Reserve and at the intersection of Myakka River State Park and the Carlton Preserve, called the Schmidt/Hines property, which is an 8-acre parcel. It is mostly a riverine hammock with cabbage palms, oaks and quite a few epiphytic plants. Another small parcel is the Vitton Property just south of the intersection of Myakka River with I-75 that is also river frontage. A few parcels with pending contracts include the King Property, which is north of River Road, and would make the property continuous with Carlton Preserve. Another small property with a pending contract, on Salt Creek (Warm Mineral Springs Creek), is a part of the priority protection site for manatees near Warm Mineral Springs. It is a small, undeveloped parcel referred to as the Hordienko Property. There are still ESLPP priority properties (more than nine miles of river frontage) that Sarasota County is interested in procuring. In addition to these acquisitions, Sarasota County has been able to hire staff to help with the land management activities on ESLPP lands, and also the Carlton Reserve, Pinelands Reserve and the Jelks Preserve. Exotic plant control is one of the big land management activities. Quite a bit of exotic plant control can be accomplished in-house, but in some cases, work will be contracted. Archaeological surveys are underway, and there is a completed report (in a draft form) for the North River Road Property, a 200-acre piece at the intersection of North River Road and the ramp for I-75. Archaeological surveys are also underway on properties east of the Myakka River identified as the Eagle Ridge Properties, which are jointly management with SWFWMD. The Schmidt/Hines parcel and the Collette property, adjacent to part of the Myakka River Trust Site, are also undergoing archaeological surveys. Over 1500 acres of prescribed burns have been carried out on the Carlton Reserve and Pinelands Reserve. Fire preparation is being done on the Jelks Preserve and Manasota Scrub and the Lemon Bay Preserve in anticipation of growing season and summer burns. Because some of these smaller parcels are occluded properties, meaning there are high residential areas surrounding them, smaller burn zones will be used to minimize the impact and inconvenience to the surrounding neighborhood. At the Jelks Preserve for instance there is North River Rd. and I-75 to be sensitive to. The area has already been divided into burn zones. Hard lines have been put in. Several small burns will be employed on the Jelks Preserve this growing season, and may total close to 100 acres. At the North River Rd (Koch) site and Jelks Preserve, mechanical fuel reduction is done in the understory vegetation. This process will provide a clear buffer as well as permanent access. Staff is involved with monitoring on the different properties. An Environmental Specialist I has been hired to monitor listed species, including the Florida scrub-jay, the American bald eagle, gopher tortoises and indigo snakes. In addition, he will monitor land management activities and habitat restoration projects. Questions and answers followed. Marlene Guffey asked if we were still negotiating for the Rollins property at the intersection of Blackburn Canal and the river. Jono Miller replied, “Yes, the Nature Conservancy is talking with them and trying to agree on the price and the terms.” FDOT Update on the Englewood Interstate Connector – given by Chris Becker for Gwen Pipkin Last time Ms. Pipkin was at the meeting she brought a map showing two different routes being looked at. Chris received an e-mail from Gwen saying that they had decided to go with the existing River Rd. route. Public meetings and workshops will be held sometime in September. Gwen will give us an update on this process in August. The 2nd item Ms. Pipkin was working on was to get someone from the maintenance crew to attend these meetings to answer questions about mowing the vacated rest area. Manatee Update – given by Chris Becker Lucy Keith, FWC marine mammal biologist, was unable to give an update on the manatees in the Myakka. She has been busy recovering manatee carcasses, which are most likely the result of red tide. In January they and tagged a few more manatees for the satellite telemetry study. City of Venice Update – Donald Caillouette The Venetian Golf and River Club on Laurel Rd at the Myakka River was annexed several years ago, as part of the Pre-annexation Agreement, with the first Certificate of Occupancy, the city received $250,000. The Pre-annexation Agreement also required a city park on the Myakka to provide passive, environmentally sensitive recreation. There should be no boat ramp developed, other than a canoe launch, and no recreational fields. At the end of next year, they will be doing park design, and the park plan approval process will go through the City’s Parks and Recreation Board, Planning Commission, and finally, to City Council for final approval. Jono Miller asked if the park planning would be done inside the City of Venice? Would a consultant do it, or would the City? Mr. Caillouette stated that it would probably be done in house. Jono added that he thought this group would be happy to provide some input before the plan is finalized. Mr. Caillouette stated the process invited input. It is going to be a very natural type of park without much impact to the environment. The concept includes parking, and trails will be very limited. No motorized boats will be allowed. Jono Miller mentioned that Sarasota County has a draft master trails plan which includes “blueways”. The whole Myakka River has been identified as blueway, including north of Upper Myakka Lake. Mary Jelks asked if a Carrying Capacity Study had ever been done on the Myakka. Ken Alvarez replied that such a study was investigated but that there were too many variables for a reliable scientific survey. Jono Miller stated that we need to revisit that. Ken replied that we could but would come to the same conclusion. Discussion followed this. Diane McCommons-Beck mentioned that the National Park Service does carrying
capacities in order to develop their visitor experience and resource protection
plans. Ken Alvarez stated that a carrying capacity on the Itchetucknee River focused on the damage to bottom vegetation. Southwest Florida Water Management District Update – Dianne McCommons-Beck Staff is establishing the FY 2004 budget. The tentative millage rate will be set. The only new cooperative funding project that came in was the Curry Creek Hydrologic Restoration project. The PGT and the Faulkner Farms project that are ongoing as well as the City of North Port’s ASR (aquifer storage and recovery). Jono Miller asked what aquifer does North Port’s ASR use, and how does it relate to the aquifers that contribute to the Warm Mineral Springs? Dianne responded that she wasn’t sure, but would look into it. A new 5-year land acquisition plan is available, and copies were distributed, with the Myakka River addition included. Sonny Vergara retired as the SWFWMD Executive Director. Dave Moore is the new director. The Manasota Basin board has lost two members within the past two months Brenda Reeder and Ed Rathke. Brenda Reeder was replaced with a former state legislator, Julie McClure. Chris Becker added that work was being done on the upper Myakka minimum flows and levels (MFLs). Surveys and transects are being done during the week of April 21. Jono asked if the MFLs were going to be based on what was presently happening. Dianne responded that MFLs are based on historical data as well as current data and field data. Jono continued, “If we know we’ve got a chronic problem with Flatford Swamp…it’s like getting a fever and then coming in to establish a baseline temperature.” Dianne responded that, “Because of the situation in the Upper Myakka, minimum flows are not going to be the problem. It’s going to be maximum flows. The Myakka is being approached a little bit differently.” It was suggested that Jonathan Morales update at the next meeting on the status and the methodology of the MFLs project for the Myakka. Charlotte County Update – Bill Byle Charlotte County has spent about $3,000,000 trying to protect the Myakka River. The mines that Charlotte County is challenging are the Altman tract and the Manson-Jenkins tract which lie just outside the Myakka Basin. These mining projects, which totally devastate the function of the surficial aquifer, are located in the headwaters of the hydrologic divide of the Myakka River. They replace 40% of the land mined with solid clay, 80 feet thick. Rainwater goes into the ground in the rainy season and provides the base flow for streams in the dry season. When mining companies reduce the amount of surficial aquifer storage at the headwaters of the streams, it has an environmental impact all the way down that stream to the harbor. In 1996, 150 manatees died in Charlotte Harbor because of red tide. This year 60 manatees have already died because of red tide. There is a relationship between phosphate mining and red tide. Red tide is a saltwater organism that did not regularly occur in Charlotte Harbor in the past. The reason we see more red tide in Charlotte Harbor is because there is less fresh water coming down the to the harbor to keep the salinity low enough that red tide does not occur. As projects occur in the Myakka Basin, like the mines that are being challenged now, it will reduce flow that is coming down the Myakka River, thus you can expect salt water and red tide to move further up the Myakka River. While it appears that most of the phosphate battle is about protecting the Peace River, keep in mind the Myakka River is not immune or protected from this battle. This is a heads up, this group needs to start following the phosphate battle very carefully, because after DEP and the Corps of Engineer push through those mining permits, the Pine Level Mine which is 30,000 acres in the headwaters of the Big Slough, is next. If you want to see twelve square miles of land turned into clay in the headwaters of Big Slough, just do nothing. This is what Sarasota County did during these hearings. Sarasota County decided not to intervene on this latest set of hearings, and the authorities for the Manasota water supply decided not to intervene. This group might want to consider that it is next in the phosphate war. Some experts believe the red tide organism is connected to the nitrogen levels. As the phosphorus levels rise by mining activities they raise the nitrogen fixing plankton populations to the point that they fix the nitrogen at much higher levels. So be aware that it is coming to the Myakka. Agencies still refuse doing the cumulative impact studies that are necessary to determine if each one of these mines is going to be the straw that breaks the camel’s back. The water management district will tell you that they are doing a cumulative hydrologic impact analysis of the Peace River. Bill spoke to the board a few months ago and asked Mr. Moore “Did their hydrologic impact analysis include the billions of gallons of surficial aquifer storage that have been displaced by mining. No, it did not! Did it include the amount of surficial base flow blocked from the river? No, it did not! Did it include the amount of rainfall that is reduced, probably by the land changes from phosphate mining? No, it did not! This group could renew its efforts to insist on a cumulative impact study. Concerning wetlands that are being mined in the upper part of these watersheds, a bill exists, I believe, that suggests the mining companies meet the wetlands mitigating requirements by creating reservoirs. Jono Miller added that Pine Level is going to be really important. Questions and answers followed. Law Enforcement Update – Chris Becker for Lt. Todd Hand Since the Wild & Scenic River Rule was adopted in 1991, with its slow speed/minimum wake zones within Sarasota County, upstream of US-41, and the 1992 slow speed/ minimum wake zones adopted downstream of US-41, to protect the manatee population, 581 warnings and citations have been issued to non-compliant boaters. Law enforcement has been active, but it’s cyclical. Since the December 13th meeting there have only been three warnings issued. A slow period as far as law enforcement goes. One was south of US-41, and two north of US-41. Discussions followed. Friends of Myakka Update – Dr. Mary Jelks A canoe was donated to the Friends of Myakka, for use by park staff on the wild and scenic river. The Friends purchased a Boston Whaler, and donated it to the Florida Park Service, for patrolling the Myakka River (pictures of the boat were displayed). A Friends newsletter was displayed that showed all their accomplishments since 1993. Charlotte Harbor NEP Update – Maran Hilgendorf Maran thanked Chris Becker, Jean Ost, Mike Egan and Mr. Cotton, for the March 28 CHNEP’s Citizen Advisory Committee (CAC) meeting at Snook Haven. There was a great boat ride on the Myakka with Chris narrating. Jean Ost is doing a great job representing this area on the CAC, but she is the only person representing Sarasota or Manatee County for this part of the study area. The CAC is open to anybody who is interested in protecting the resources of the harbor. Our program is specifically concerned with estuaries and watersheds that drain into the estuaries. The CAC needs more people like Jean to join them. They meet eight times a year. They are starting to plan their 4th Annual Nature Festival and are hoping to hold it at the Charlotte County Stadium again, probably January 31st. Maran is seeking volunteers to help plan the festival. Last year they had 1400 people. In the fall they will celebrate National Estuaries Day. Last year, Chris Becker was able to offer a guided canoe trip. Last year they hosted part of the Estuaries Live Program, an hour-long
program broadcasted over the Internet and cable. They will be hosting
again this year. She had brought brochures from NEP, including posters, sample of a newsletter. This year includes an article that Martin Black submitted. The next issue will include an article about Flatford Swamp and will list grants that were awarded in February. The technical advisor committee issued a contract that addressed water quality. A summary will be available. Maran mentioned again (it had been discussed at the Dec. 02 meeting) that the NEP has budgeted $3,000 for the MRMCC. A home school group had been discussed at the last meeting to inform the property owners on the Myakka, and also a MRMCC Website. Jono expressed his interest in a one-stop web page where people could be directed for everything from recreational opportunities to exotic plants, minutes to these meetings and Chris’s River reports. Southwest DEP District Update – Peggy Morgan TMDL work is in phase II, data collecting, and managing monthly water quality. Myakka River Biologist’s Report – Chris Becker Chris reported that we had lots of water in December from El Ninõ. December is when the Great blue heron starts nesting at the wood stork Rookery Island which is south of US-41. Chris distributed a summary from his river inspections (Dec. 02 to April 03). New exotic species of fish have been showing up in the Myakka River. A new species of fish was found in February: Brown hoplo – a bubble nest builder. Some researchers are afraid of this fish. Unlike the sucker-mouthed armored catfish, which eats algae, the brown hoplo eats invertebrates, snails and smaller fish. It seems to be spreading throughout the state of Florida where water temperatures stay warm. This is the first for the Myakka. They have been found in the Peace River. They grow up to 22 cm. Pictures, distribution maps, and descriptions from the USGS non-indigenous aquatic species website http://nas.er.usgs.gov were displayed. Lunch Break – 11:37 am to 1:00 pm It was decided to postpone the roll call, the minutes and the election of officers at this time until there was a quorum present. Report on the Chairperson/Vice-Chairperson’s Activities – Jean Ost Jean reported that she had received a call from Jack Creighton who is the District Conservationist for the Sarasota Soil & Water Advisory Group. He said that they cut the Soil & Water district completely out of his budget: $60,000. The County has $30,000, but they want it to be administered under the Environmental Group, where it could be used to do land management things like running a roller-chopper.
Chris Becker gave a brief history of the MRMCC’s involvement in Myakka River protection, which led to Sarasota County’s proposed amendments to several County Ordinances to better protect the Myakka River. The MRMCC helped draft the Myakka River Management Plan, in 1990, which recommended the 220-foot upland protection zone. The recommendation in the Management Plan lead to the amending of the Designation Act 258.501 Florida Statutes, which identified Sarasota County (and the City of North Port) as the entities responsible for regulating activities in the uplands along the river. In 1995, the MRMCC reviewed and commented on the maps developed by DEP that depicted the extent of the river area and protection zone, before they were submitted for inclusion in the State-Local Memorandum of Agreement (MOA). In 1998, a state-local MOA was signed between DCA, DEP and Sarasota County, which outlined the responsibilities of each entity in the development of regulations by Sarasota County for the uplands along the river in the unincorporated areas of the county. During this process the Sarasota Board of County Commissioners’ appointed the Myakka River Planning Advisory Board and then later the Myakka River Planning Advisory Council (MRPAC) to make recommendations on regulations for the uplands along the river. Amendments were proposed by MRPAC to the Earth Moving Ordinance, Tree Protection Ordinance, Zoning Ordinance, and Land Development Regulations. Matt Lewis, Sarasota County Growth Management, talked about recommendations of Myakka River Planning Advisory Council with regards to zoning. Copies of the proposed ordinance amendments were distributed. In general, zoning is how land is used. Zoning will tell you whether or not you can build a structure on the land. Earth moving, tree protection and land development regulation tell how the structure should be built. The Myakka River Management Plan identified resource values, etc. that are associated with the Myakka River. Derived from that is Sarasota County’s Myakka River Protection Plan which is used to guide our implementing ordinances. Among those resource values are scenic beauty, water quality, etc. Uses that are acceptable within the river area and setbacks were discussed. There are provisions for 150-ft setbacks for lots of five acres or more. Relief is available for lots constrained by a wetland. Incremental relief is given to the point that a house could be built. This is consistent with the idea of balancing property rights with protection of the river. Discussions followed The zoning regulations will be taken to the Board of County Commissioners for final adoption on July 1st. The subject of boat ramps came up. Boat ramps are considered an accessory use and are allowed if the house is allowed. Kelly Pluta, Sarasota County Resource Protection, spoke next. This office will be administering these regulations, doing inspections, issuing permits, checking site plans for the proper buffer, checking that the house complies with the 150-ft. setback and determining that the wetlands are being adequately protected with the proper building permits. They have devised matrixes to help property owners in ascertaining what regulations apply to them (copies were distributed). The Grandfather provision allows for activities that were done before the regulations to be continued. For example, one can continue mowing at the edge of the river if that was practiced previously. (However, the neighbor who comes in after the regulations would not be allowed to mow in the buffer zone.) Whatever structures that are located in the protection zone before are exempt now. Discussions, questions and clarification followed. Marlene Guffey explained that she would like to see a 30-ft. buffer of no tree cutting as defined by Sarasota County. If you had a palm tree less than four feet or a tree less than four inches in your yard you could cut it. Selected pruning is allowed to enhance a view. Where there is a herbaceous wetland then trimming a few branches on your upland trees to get your view is allowed. But where there is hardwood wetland, trimming is not allowed. Topping trees is not allowed. Chris Becker stated that the River Rule prohibits trimming/cutting in the wetlands. Marlene asked about fill dirt. Repair or maintenance is an exempt activity. Earth moving to fill the land would be prohibited. Marlene Guffey asked to make a motion. If the Council had any recommendations to send to MRPAC now would be the time to do it. She would like for us all to correspond to the County Commissioner saying we support the proposed protection measures as it is. It was determined that there was a quorum present. Maran Hilgendorf moved to adopt the Minutes from December’s meeting. Jean Ost seconded. Discussion of the Minutes. Diane McCommons-Beck proposed a change to page seven, first paragraph, last sentence of the minutes. Specifically: …assigned to this park. It’s not a park; change park to state forest. The Minutes were subsequently adopted. Election of Officers Jean Ost was nominated as the Vice-Chairperson. Maran Hilgendorf moved
and Marlene Guffey seconded. Chuck Downs moved to close nominations. Mary
Jelks seconded. Jono Miller was nominated as the Chairperson. Mary Jelks moved and Chuck
Downs seconded. Mary Jelks moved to close nominations. Maran Hilgendorf
seconded. Other Agenda Items – Motions Chris Becker stated that for the next meeting he would have a DOT representative for the widening & staging area of the I-75 rest stop (1st phase widening of I-75 south of 681 to River Road). Dump trucks, constant activity, and noise are concerns raised by neighbors. Marlene Guffey, moved that the MRMCC, send a letter to the County Commissioner stating that the council supports the proposed amendment to the Earth Moving Ordinance, Tree Protection Ordinance, Zoning Ordinance, and Land Development Regulations, as presented during its meeting April 18, 2003, with the stipulation that further clarification of the reasonable pruning [section F(d)2.d.] be made. Seconded by Jean Ost. The motion was passed. Maran Hilgendorf discussed the $3,000 budgeted for the MRMCC by the Charlotte
Harbor National Estuary Program (CHNEP). The restriction on the funding
is that it must be used for public information or education initiatives.
Jono asked if anyone liked idea of a website. Some felt both could be done. Chris Becker responded that Tom Moralee has Myakka.com, and he is willing to help. Marissa Morr moved that we use the $3,000 available from CHNEP to produce the brochure for further education as well as work to develop our website. Seconded by Dianne McCommons-Beck. The motion was passed. New Business Bill Byle spoke about the book The Stolen Future by Dianne Dumanoski. It expounded about the hazards of fungicides, herbicides and pesticides used primarily for truck crops like tomatoes, strawberries and cucumbers. The active ingredient is a type of endocrine interrupter. It is a persistent chemical that does not break down. It has a very, very long active life. Pesticide chemicals that are used in South America are showing up in Polar bears. The chemicals show up in the ocean, then fish and salmon and then the bears. Considering that Florida has the world’s largest tomato operations in the headwaters of the Myakka River and that area…the concern here is that these chemicals are not picked up by standard monitoring for two reasons. (1), the levels at which they cause harm, BDL, below detectable limits, usually in parts per billion, and (2) the tests are very expensive. The impact and significance of this should not be downplayed. This is one of those silent killers. There is proof that we are getting a lot of water from these agricultural operations to Flatford Swamp and so on. Along with all of the water are chemicals that don’t deteriorate, degrade and break down and disappear. They’re still in the system and show up in the bald eagles, panthers, alligators, sea otters and then, even more importantly, in humans. The reason it is difficult for Dianne Dumanoski and others to find the health risk, is that it does not show up in the immediate generation. The impact it has on the human reproductive system does not show up until the granddaughter. This is happening in the watershed and needs to get into somebody’s monitoring program. Peggy Morgan wanted to know some of the pesticide brand names, but Bill said it was not easy to do that. Peggy suggested someone could write a grant to get some short term data but they would need to know what chemical to test for. Jono asked if Bill would be willing to come back with a motion for the next meeting that identified chemicals or breakdown products. Peggy will find out what chemicals are being used by the farmers in the Myakka. Mary Jelks brought up phosphate mining and concerns about Horse Creek. It was agreed that Mary would work on a document for voting at the next meeting. Discussions followed. The next meeting date was set for August 22, 2003 Marisa Morr moved to adjourn.
Phil Segerstrom Don Caillouette
Chris Becker Judy Meents |
For
information or questions concerning the MRMCC contact:
Natalie Balcer Environmental
Specialist II
Myakka Wild and Scenic River Management Program
1843 South Tamiami Trail
Osprey, FL 34229
(941)486-2052
Fax (941)483-5941
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