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Minutes ADOPTED
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| Myakka
River Management Coordinating Council The meeting was called to order by Chair, Jono Miller, at 9:30 AM. Jono introduced himself and briefly explained the format of the meeting. Sarasota County Update – Laura DiGruttolo At the last meeting Laura DiGruttolo reported that the county had several permit applications under review for single family dock construction on the river at the Myakka Trail Subdivision. Eleven of those permits are nearing completion and almost ready to be approved. Also under review is a proposed boat ramp to serve that same subdivision. The boat ramp would be located within a small tributary that borders the south side of the Myakka Trails Subdivision. This permit will require authorization from the Board of County Commissioners (BCC). That application is still under review and is not yet complete. It will get scheduled for a public hearing before the BCC, staff will make a presentation, and members of the public are welcome to participate. Two concerns that the County has regarding the boat ramp: One, the tributary is shallow and the water depths, up and downstream, of this site are shallow in the Myakka River. Concern has been raised about the types of boats that would be used on the boat ramp. The second concern is related to the protection of manatee habitat. The County is in the process of working on a Manatee Protection Plan and the first phase is a Boat Facility Siting Plan. The Myakka River is recognized as a priority area for manatee protection in Sarasota County in the “draft” Boat Facility Siting Plan. Because of the importance of the Myakka River to manatees the “draft” Boat Facility Siting Plan does not recommend approval of additional boat ramps, marinas, etc., on the river. At this point in time the public hearing probably will not be scheduled before November. Members of the MRMCC will be notified when the public hearing is scheduled. Laura encouraged, and recommended formal comments from the Myakka River biologist. Jono asked if there were any county enforcement actions against native
vegetation buffer trimming violations. Laura answered that Chris Becker
took the lead on a lot in the Myakka Country Estates Subdivision, where
the lot was being prepared for sale and it had its Brazilian pepper and
all other wetland fringing vegetation cleared. Chris added that the property
owner was notified of the violation and had to replant the native vegetation
which had been removed (which was done in June). A discussion ensued about
the trimming violations in Sarasota County’s native vegetation buffer
zone. Vegetation clearing in the County’s 50-foot buffer zone was
identified as a future agenda topic. Myakka River Planning Advisory Council (MRPAC) Update – Matt Lewis The MRPAC has completed its recommendation on the earth moving and tree protection ordinances, which have not gone before the Board of County Commissioners. MRPAC has finishing its recommendations on the Zoning Ordinance. These will be included with an update of the entire County Zoning Ordinance. Right now, the Council is working on a grubbing and stripping standard. September 10 is the next meeting. Sarasota County’s Biosolids Ordinance Update – Michael Mylett, Natural Resources, Air and Water Quality Copies of Ordinance No. 2002-067 were distributed. On July 24, the BBC adopted provisions to the Water Pollution Control Code. Those provisions relate to the land spreading of biosolids (commonly known as sewage sludge). The ordinance increased the setbacks for the land application of biosolids from 1,000 ft. to 3,000 ft. on the Class I and OFW waterbodies (a map was displayed indicating these setbacks). Sarasota County has a 3,000-foot setback along the Myakka River, but upstream in Manatee County, there is only a 200-foot setback. The new ordinance also requires permits for land spreading sites and biosolid handlers. Becky Ayech added that the ordinance only allows sludge to be spread on lands zoned one unit/160-acres. In Sarasota County there are hardly any parcels zoned this way, so in effect, it has literally wiped out sludge spreading in the County. There was additional discussion about taking sludge to the landfill; a Sarasota County request for proposals for a treatment facility (to treat county and municipal biosolids to a class A product); the disclosure requirement, for land spreading activities, at the time of a property’s sale (on county permitted sites – not retroactive to all sites); and the sewage treatment facility off Singletary Road in Manatee County.
Myakka River State Park has acquired 40-50 acres, at its south boundary, on the east-side of the river. On the western side of the river the County has had some discussions with Mr. Downs about acquisition or a conservation easement. The Green acquisition (Rocky Ford) is sort of old news. Chris Becker added, that an adjacent 8-acre parcel (Collett) had been acquired. South of I-75, on the west-side of the river, the Koch property has been acquired. We’ve been making good progress in the watershed. The County and SWFWMD, have closed on a conservation easement on a significant chunk of the Longino Ranch (3,800-acres). The Longino family will continue to operate it. It’s not open to the public, but the habitat values will be protected.
The Myakka River Addition - Resource Evaluation - was completed, and taken to the Basin Board, Wednesday. The Basin Board accepted the evaluation and staff recommendation, and is forwarding it to the Governing Board for acceptance and authorization. It is a little over 14,000 acres, running along the river, from the north boundary of Myakka River State Park, and includes Owen Creek to the Hardee County line. The second item discussed was the Pacific Tomato Growers’ Surface Water Exchange Project. Construction is complete, and the project area will use surface water and runoff, in lieu of groundwater, for irrigation. They are capturing the majority of their runoff and redistributing it on the farm, so that it does not go into Flatford Swamp. The third item discussed was on Myakka Comprehensive Watershed Management (CWM). The Myakka CWM Team was involved in a joint meeting with the Little Manatee, Manatee and Southern Coastal CWMs (four watersheds in the Manasota Basin). Basically, to come to a consensus on priority issues for the Manasota Basin as a whole. Several projects were discussed for these watersheds, and hopefully teams will develop these projects for 2004 cooperative funding. Lastly, Minimum Flows and Levels (MFL) were discussed, with the schedule remaining the same for the Myakka (upper river to be completed in 2003 and the lower, including Myakkahatchee Creek and Deer Prairie Creek, scheduled in 2005). An invitation memo was passed around for the annual MFL Schedule Public Input Workshop, September 4, at the Tampa Service Office. This meeting is held for the public to comment on the MFL schedules. There is an ecological monitoring project related to the establishment of the Myakka and Braden River MFLs, a request for proposals has been issued, and the top ranked consultant has been picked. SWFWMD staff will be doing most of the hydrological monitoring and data collection. So, work on MFLs within the Myakka River Basin will start very soon. Becky Ayech: “The South Florida Water Management District has decided that they are going to use the ‘reservation of water’ portion of their rule for one stream in their area. Would you consider, or has there been any discussion that perhaps SWFWMD might also want to use the ‘reservation of water’ portion of your rule for the Myakka? It means that the river would have a permit of its own, to make it a healthy and viable stream. Is the district contemplating any of that?” Dianne McCommons-Beck responded that there has been some discussion on a couple of water bodies, but was not sure which ones. . Becky added, that it could be something that this Council could be in support of, and ask the SWFWMD Governing Board to direct staff to look at a “reservation of water” for the Myakka River. It might be something that we would want to contemplate doing because it would help protect the river. More questions and discussion followed. Friends of the Myakka Update – Dr. Mary Jelks River Cleanup Day is scheduled for Saturday, September 28. Myakka River Biologist’s Report – Chris Becker Chris passed around an “ugly fish” a South American armored catfish, which is a species now established in the river. He also distributed a summary of his activities for the last four months. He explained that every month he does a river inspection, which includes a wildlife observations, shoreline structure inventory, boat docks, tree trimming, recreational use, and permitted activities. The summary highlighted some of the more interesting aspects of his river inspections. FWC Manatee Update – Mike Massieu (Florida Park Service) for Margie Barlas A manatee named Tamari, by the FWC biologists, lost her transmitter around the 29th of May. It was unusual because she lost the belt and transmitter intact. Currently, two animals are still being monitored in the Salt Creek area. Both were released, after being raised in captivity, and are staying near the release site. This coming winter will be the last year for the Salt Creek Manatee Study (capture, satellite transmitter tagging, and release). On May 25th a dead manatee was recovered from Salt Creek. She was identified from her scars as Pizza, because her tail had several wedges missing. The cause of death was undetermined due to the level of decomposition. This manatee had been documented in the Salt Creek area since 1995, and was observed with at least two calves during that period of time. Chris Becker added that at the next Florida Fish and Wildlife Conservation
Commission meeting, they are going to discuss for adoption, additional
manatee speed zones in Charlotte and Sarasota Counties. Salt Creek is
a proposed refuge, north of US 41. It is the warm water refuge for a large
number of manatees in Sarasota County. Up to 68 individuals have been
observed there at one time. Because of this well documented use, the Florida
Park Service has sent letters supporting the creation of this refuge.
Vessels would be prohibited on Salt Creek between November 15 and March
15, north of US 41 bridge. Those that have boats and live on Salt Creek
may still commute through the refuge. Jono added the County’s Environmentally Sensitive Lands Program has identified the land adjacent to the Warm Mineral Springs Creek (Salt Creek) for acquisition. The County is moving forward trying to acquire undeveloped parcels, and contacting owners and potential partners.
Mr. Nelson discussed the Venetian Golf and River Club Development (formerly the Henry Ranch), which is just over 1,000 acres on Laurel Road near Myakka River and I-75. The development master plan calls for preserving the hammocks and wooded areas (displayed on a map), and not developing the wooded buffer along the river, which ranges from about 240 to about 1600 feet wide. The buffer includes a 10-acre park that has been deeded to the City of Venice. The park will be restricted to passive recreation. Seventy acres are being put into a conservation easement, to be recorded by the City. Within the conservation easement there are walking trails planned, made with a shell that allows for water percolation. Also planned are a canoe launch, and a river club adjacent to the edge of the oak hammock. The 70-acre easement will be deeded to the homeowner’s association. Of particular note on this project is that WCI (the development company) has entered into an agreement with Audubon International, a non-profit group that works with developers on certifying communities. Some of their recommendations were a wider golf course corridor, creating scrape down areas to become wetlands (planted with native species), plus, 50% of the plants installed will be native species. One challenge was to maintain the Myakka River’s hundred-year floodplain and maintain predevelopment flood storage on the property. Jill Green asked Gary Nelson about the dirt hills that are eroding along the easement. Gary responded that they have been planted, and were installed to provide a buffer from the sand/shell mine. Jono Miller asked if WCI monitored activities on the other side of the river. Gary states they have not been, but have been working with the City of Venice Police Dept. by hiring off-duty policemen to come and monitor the site at night, primarily to prevent vandalism. More questions and discussion between members of committee Gary offered to provide a copy of the documentation providing protection on the 80 acres along the river. Additional questions and discussion followed. Law Enforcement Update – Chris Becker; Lt. Todd Hand; Officer Rachel Shirley; Officer Steve Merrick; Officer Steve Stewart; and Officer Andy Polaszek Chris introduced the Florida Park Patrol (FPP) Officers Rachel Shirley, Steve Stewart, and Lieutenant Todd Hand. He then introduced Florida Fish and Wildlife Commission (FWC) Officer Andy Polaszek. Lastly, Officer Steve Merrick, Office of Agricultural Law Enforcement, introduced himself. He is assigned to the Myakka State Forest. Chris described how the Florida Park Service keeps up-to-date records of all the boating violations (warnings and citations) on the Myakka River, for the law enforcement officers. This information is used during patrols (boaters warned in the past get citations when stopped again). Chris stated that since 1992 there have been 576 warnings and citations issued on the river. Officer Shirley reported that since the last meeting there have been 21 warnings/citations for speeding violations in the Manatee Zone or the Myakka Wild Scenic River Zone. The FPP issued 14 citations or warnings, and the FWC issued seven. The FPP patrolled the 1st Annual Catfish Fishing Tournament that was held in early July. Seventy-eight people entered the tournament. The weather was pretty bad, and it rained on and off. The tournament ended at 3:00 PM when they had the weigh-ins. The officers left about 1:00 PM. The North Port Rotary Club will probably hold it again next year. The event was held at the North Port Boat Ramp, near the Coast Guard Auxiliary on Myakkahatchee Creek. Kathryn Rexford asks about a sandbar in the river at Bird Bay, and if there could be a designated channel? Officer Shirley responded that it was outside law enforcement jurisdiction, so she had no comment. Jill Green asks about the law regarding guns on boats. Officer Shirley responds that the law regarding guns on a person in a boat is the same as they are on the land. If you are carrying a gun on your person you have to have a weapons permit. Officer Polaszek added that there is no law or provision that says you cannot carry firearms in boats. For protection you have the right to carry a gun on a boat. Chris Becker reported that he is planning a meeting between law enforcement officers and land managers along the Myakka, to better coordinate law enforcement and land management issues. Poaching, vehicular trespass and other issues will be discussed. Lieutenant Hand discussed the new state radio systems from Collier County to Manatee County to Highlands County that will be dispatched out of Ft. Myers. There will be one number to call for state law enforcement agencies. Charlotte Harbor National Estuary Program (CHNEP) – Jean Ost – for Maran Hilgendorf Jean Ost (Citizen Advisory Committee Member) gave an update on CHNEP activities. The CHNEP is hosting a workshop on Wetland Mitigation on Clay Settling Areas, in Venice, November 12 and 13th. Details on the workshop are available at www.charlotteharbornep.org, or on page 12 of the newsletter Harbor Happenings. Natural Estuary Day will be held on October 5, to celebrate the importance of estuaries as coastal resources. This is the third year Charlotte Harbor has participated with marine exhibits and other programs that offer opportunities to learn about estuaries. Friends of the Myakka will offer a canoe/kayak trip on the Myakka River, lead by Chris Becker. October 5th is the official date to celebrate National Estuary Day, but because of the number of programs to be offered the CHNEP is extending the celebration for several weeks. CHNEP is also participating in a guided tour of our nation’s estuaries through Estuary Live on October 3 and 4. CHNEP has $3,000.00 allocated to support the Myakka River Management Coordinating Council for the further awareness of issues, which concern the Myakka River Watershed. The MRMCC needs to submit a proposal to the CHNEP by October 1, for approval, before funds will be made available. Three types of grants will be available to help implement the Comprehensive Conservation and Management Plan. The first, Research and Restorations Partner Grants require a 50% match on projects and are for up to $20,000 per participating partner. Funding is for projects, which directly benefit the natural resources and increase technical knowledge in the watershed. The second, Mini-grants up to $3,000, help multiply the number of people who are aware of the importance of estuaries and watersheds. Lastly, Micro-grants are for up to $250, and are used to help establish and maintain environmental education efforts. The grant applications packages are available on the program website www.charlotteharbornep.org or by contacting the program office. Jean Ost is on the Committee that reviews the Mini-grants. The CHNEP has contracted Janicki Environmental to analyze water quality data collected through the year 2000, and compare it to previous trends in the Charlotte Harbor study area. The report should be completed this fall. In July, CHNEP contracted with the FWC Marine Research Institute to update and compare the 1995 analysis of sea grasses from Venice to Estero Bay to current conditions. Recent aerial photography will be used to determine the extent, location, severity of boat propeller scarring, and changes to sea grasses in the NEP’s study area. A report is expected. There was additional discussion on these subjects. The roll was taken and it was determined that there was a quorum present. A motion was made by Jill Green to accept the minutes from the last meeting. Jean Ost seconded this motion. Dianne McCommons-Beck made correction to the minutes. She was not included as being in attendance (yet she was present) at the last meeting. Change DOD to DOF in the Myakka State Forest Update. Change Charlotte Harbor Environmental (Council) to Center in the CHNEP Update. The vote on the adoption of the minutes with corrections was unanimous. Chairperson/Vice-chairperson Activity Report – Jono Miller Jono reported he has continued serving on the County’s Environmentally Sensitive Lands Oversight Committee and the Myakka River Planning Advisory Council. As you may recall a couple of years ago the county had identified the Myakka River and other waterbodies as potential water sources. But now there is clearly new thinking in the County. A comprehensive look at water resources (storm water, flooding, wastewater, reused water, and potable water) and matching the right water source for the right use. Jono suggested to the County that someone should initiate a study of maximum flows in the river (because of the dry season flooding caused by upstream crop irrigation). A water monitoring station should be placed at the boundary between Manatee and Sarasota County, so water quality and flow variations can be accounted for at the border. Sarasota County would then know what flows and water quality problems they were responsible for vs. what was being inherited from Manatee County. Likewise, good data are needed about the discharge from Warm Mineral Springs. It is crucial for manatees; both the flow and temperature are important. It is entirely possible that changes several counties away, or nearby, could effect the temperature and discharge of the springs. Jono reported that Manatee County has an excellent program in the Tax Assessors Office, where agricultural exemptions are mapped with a GIS system. Different agriculture categories have different exemption rates attached to them. From Manatee County we can get fairly detailed maps of the agriculture land uses. This is not available in Sarasota County. In the future it might be possible to assign ranges or numbers to give some understanding of what kind of water comes off a watermelon field or citrus grove, and so when we see land conversion taking place, we might be able to predict what the impact should be. Jono reported that Steve Suau (Sarasota County’s Stormwater Manager) contacted him about the Myakka River Management Plan and id trying to better integrate the Council’s goals with what the county is trying to do. Regarding an Agenda item from the last meeting: Marlene Guffey was worried about development on the eastside of River Road, and whether it was going to be zoned for multiple family housing. It turned out that it was not zoned for multifamily. Jono reported that he sent a letter to EPA regarding the TMDLs, and he sent a copy to Becky. On the 20th of July Jono was able to canoe down the Myakka River with his wife, and the County Administrator and his wife. Becky Ayech responded about extending the deadline for the TMDLs development on the Myakka River. It would have required changing what the court ordered. She took it to the ECOSWF Board, and they voted unanimously no. “We’ve been waiting 30 years and we’ve waited long enough.” Appointment of Bob Johnson as MRMCC Representative of the Myakka River Planning Advisory Council MRPAC. Matt Lewis reported that Bob Johnson’s term on MRPAC expired in June of 2002. The appointment must come from the MRMCC, and confirmed by the Board of County Commissioners (BCC). Matt was hoping to get a retroactive appointment from the MRMCC as confirmation that Bob Johnson would be one of the MRMCC representatives on MRPAC. Chris stated that it did not seem appropriate to call a MRMCC meeting prior to the BCC appointment, so to avoid having a June MRMCC meeting for this one issue, we decided it might be best for Bob Johnson to continue to serve. Further discussion and questions on this subject. Jean Ost asked if Bob is a member of the MRMCC? Jono Miller responded yes. Mary Jelks moved to have Bob Johnson as the Myakka River Management Coordinating Council’s Representative on Sarasota County’s Myakka River Planning Advisory Council. Ernie Estivez seconded the motion. Jean Ost, Becky Ayech, and Jill Green abstained. Jono asks if there is any other business or actions. Ernie Estevez responded that soon the SWFWMD will request the pre-proposals for 2004 Cooperative Funding Projects. Mote and Sarasota County have been discussing doing an ecological study of Blackburn Canal/Curry Creek. Mary Jelks moved that the Myakka River Management Coordinating Council support a study on the influence of Blackburn Canal and Curry Creek. Becky Ayech seconded the motion. Further discussion and questions by the Council members. Ideas for the next agenda 1. Presentation from SWFWMD on the 14,000-acre Myakka River Addition. It was decided that the 13th of December would be the next meeting date. Dianne McCommons-Beck moves to adjorn the meeting. Gwen Pipkin seconded the motion. The motion was carried unanimously. Members in Attendance Kathryn Rexford Phil Segerstrom
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For
information or questions concerning the MRMCC contact:
Natalie Balcer Environmental
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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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