April
18, 2008
Draft
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Myakka River Management Coordinating Council
Colonial Oaks Park
5300 Colonial Oaks Blvd.
Sarasota, FL 34232-6844
April 18, 2008
9:00 A.M. – 12:37 P.M.
Draft
MINUTES
Introductions were made and Jono Miller explained the procedure.
Teresa Payne – City of North Port –
EAR Comp Plan Amendments, MRPZ Ordinances
Stacia Hetrick and Teresa have been working with
the assistance of Sarasota County on the Myakka River Protection
Zone Ordinance for the City of North Port. They have a draft that
will be submitted to Council members when finalized. Then they
will begin public workshops and public hearings for eventual adoption.
Teresa had requested comments from the MRMCC through
Stacia for their EAR (Evaluation and Appraisal Report) Comp Plan
Amendments. The City received comments from DEP and the Plan went
for the first public hearing with the Commission on Monday, April
21. It has gone through two reviews by their Planning and Zoning
Board. In the second review they took no action and sent it directly
to the City Commission. The two major issues have been the flood
plain and the City’s population projection.
Questions and answers followed.
Don Caillouette – City of Venice Comp Plan
Update, Venice Myakka Park
The Venice City Council is working on updating their
Comp Plan. It is still projected that they should be submitting
their Comprehensive Plan amendments to Tallahassee in May.
The design plans for the Venice Myakka Park are
close to being finished and the City is getting ready for the
bid of it. Conclusion is expected in 2009.
Jono asked Don to present the plans for the park
at the next meeting.
Discussions occurred regarding canoe launches on
the Myakka River.
Charlotte County Update- Bill Byle was not present
Manon Lavoie explained that Charlotte County is
redoing their entire Comp Plan. They just began their efforts
and Manon believes their deadline is sometime in the fall of 2009.
Susan Hochuli – PRMRWSA – Feasibility
Study and pipeline project update
Handouts of PowerPoint information and fact sheets
regarding projects were available at the back table.
The Source Water Feasibility Study is a project
that her agency’s board of directors approved moving forward
to look at water supply opportunities. Flatford Swamp, Shell Creek,
and Dona Bay have been identified as potential future water supply
sources.
The Source Water Feasibility Study is projected
to be completed later this summer. July or August is when they
expect to have the analysis complete with respect to how much
water may be available, what kind of impacts it would have and
what kind of opportunities there are to site facilities. Facilities
would include reservoirs, treatment facilities, pipelines, etc.
They would begin the discussion that needs to happen with their
governing board probably in September.
The timeline for getting new water supplies online
may be stretched out in order to reflect the slowdown in population
growth.
They are also working hand in hand with the water
management district on the Flatford Swamp/Upper Myakka River,
in particular. They are following their lead as far as the Myakka
River Watershed Initiative (MRWI).
Dianne Davies commented that the MRWI was supposed
to have a public outreach component and that the MRWI has been
put on hold until there are some deliverables. There isn’t
a timeline for this.
Diane Davies commented that there is supposed to
be a public outreach component to the MRWI. They were supposed
to use the CWM (Comprehensive Watershed Management) as the public
forum but CWM has been sunsetted.
Stacia asked Susan to summarize the presentation
on the feasibility study for the Flatford Swamp that was presented
at the last PRMRWSA Board meeting.
Susan stated that efforts include quantifying water
available at the site as well as finding potential sites for a
reservoir. At least 6 potential sites have been identified for
a reservoir, including Tatum Sawgrass They anticipate to complete
the study in July or August.
The other project is a pipeline project that the
PRMRWSA has underway. A potable water transmission main that would
start at the Carlton Water Treatment Plant (WTP) site, travel
across the river westward, onto Laurel Road, turn north on Knight’s
Trail and go to a location very close to where the existing landfill
is. It is a large diameter pipeline; it’s on the order of
48” to 54” – 4 to 4 ½ feet in diameter.
One of the pipelines would start at the Carlton WTP and cross
the Myakka River. It is predicted that the crossing method would
be jack and bore, which is the same method used for the existing
pipeline under the river.
Responding to a question raised by Marlene Guffey
about taking water from the Myakka River, Susan explained that
they would pull water off the river when the flows are high enough
that they can scalp what is considered excess flow. The health
of the harbor is primary. There needs to be a mechanism to scalp
those high flows so that you have enough to sustain the needs
all calendar year so that you are not in a bad position in the
dry season.
Discussions continued regarding reservoirs being
built above-grade and aquifer storage and recovery wells.
Maran Hilgendorf – Charlotte Harbor National
Estuary Program Update
At the last meeting Maran mentioned they had their
triennial Charlotte Harbor Watershed Summit. They had more than
50 people give presentations. All of the presentations are posted
on their website at www.chnep.org.
Maran’s program operates by what they call
Comprehensive Conservation and Management Plan or CCMP, which
was just updated.
The children’s book they’ve been working
on is completed. It helps children understand the natural environment
in southwest Florida. All seven school districts have agreed to
distribute the book to the 3rd grade students that live within
the study area (18,000 copies). Manatee County might opt to give
it to 5th grade students.
Greg Blanchard and Stacia are listed as reviewers.
CHNEP became an official publisher with this book. Their hope
is to try to do this every year.
At the last meeting Maran also mentioned that in
June they are having a three-day workshop called Public Issues
and Conflict Management. The details are on the website.
Stacia Hetrick- Council Membership and Sunshine
Laws Update
At the November meeting the Council passed a Motion:
Responding to attrition in representation, the Council requests
support from DEP staff in filling a total of four voting riverfront
resident seats on the Council: one from above Snook Haven (currently
Marlene Guffey), one from between Snook Haven and US 41, one from
the Five Parks south of US 41 on the east side of the river and
one from the west side of the river south of US 41.
The first location was listed as above Snook Haven
in the Motion. Currently our member is Marlene Guffey. The second
location was between Snook Haven and US 41 which includes Myakka
River Trails and Rambler’s Rest. Stacia has been attending
homeowners’ association (HOA) meetings and has sent a letter
to Myakka River Trails HOA. The HOA board for Myakka River Trails
designated Ms. Cheryl Picken to represent them. Stacia suggested
a brief biography of Ms. Picken be given at the next meeting.
Another location was on the east side of the river
south of US 41 which includes the Association of Myakka Communities
(AMC). The AMC is composed of several different neighborhoods:
Lazy River, Harbor Cove (south of the 41 bridge on the east side
of the river). She attended some of their meetings and sent a
letter. Their Board designated Mr. John Dziuba to represent them.
John Dziuba is a past president of his HOA of over 800 residents.
He is also the Executive Director of the AMC which represents
five communities with a total of 2,900 homes and about 5,000 residents.
He was also privileged to serve with Jono Miller on the Myakka
River Planning Advisory Council prior to the adoption of the Sarasota
County MRPZ ordinances.
The next location is the west side of the river
south of US 41 which includes Myakka Country and Tarpon Point
and others. There were no official HOAs that she knew about for
these communities. Therefore, she sent individual letters to each
of the riverfront residents that lived in these areas (27 total
mailings were sent) and heard back from two. One expressed interest
in the Council but wanted to attend a Council meeting before they
agreed to be part of the Council.
The last one is a member-at-large. There has been
interest from a few people; one Marlene will tell us about during
the Motions. There is interest from people from Venetian Golf
and River Club as well as Hidden River north of Myakka River State
Park.
Stacia showed a map that showed the number of riverfront
residents in the different sections of the river.
Marlene Guffey stated she was getting ready to retire
from the Council soon. Mike Chouinard lives in Myakka River Estates.
She would like him to take her place on the Council and until
this Board gets someone she would like to be appointed as a member-at-large.
Stacia continued that for the last couple meetings
this Council has been talking about Sunshine Laws and whether
the Council was required to operate under them. This Council is
an advisory council created by the Florida Legislature that provides
non-binding, advisory opinion. Stacia has consulted with the DEP,
Office of General Council and the determination is that this Council
is subject to the Sunshine Laws. Under the Sunshine Laws Council
members are not to talk about official Council business outside
of the meetings. Stacia will try to have an agenda item for the
next meeting for someone to give an overview of how the Sunshine
Laws apply to this Council.
Discussions and clarifications occurred.
Stacia Hetrick – Myakka Wild and Scenic River
Biologist’s Report
Stacia is reviewing a couple applications in the
permitting program; nothing out of the ordinary. There have been
several incidences within the past several weeks. There was a
large incident involving a wetland clearing as well as bromeliad
poaching.
There will be another Exotic Removal Day. Two have
been conducted already at Rambler’s Rest. The next will
be at Venice Campground. There will be a Trash Removal Day in
April targeting several properties that have tire rip rap in the
river. Stacia has been working with the property owners and they
have agreed to remove the tires and plant native vegetation on
the shoreline.
Sarasota County has removed two derelict vessels
from the river and they have also started to conduct a bathymetric
survey of the river. They have gone from US 41 Bridge to the Charlotte
County Line. They will revisit some of the shallower areas to
find if there are other places along the width that are deeper.
One of the main things Stacia has been doing is
reviewing the different Comprehensive Plans and ordinances from
the cities and counties. Teresa said DEP has provided comments
on the North Port Comp Plan EAR amendments. The city has been
very receptive to those comments and incorporated many of them
if not all of them into their Comprehensive Plan.
Stacia is also working on reviewing the Venice Comp
Plan Update. Some of the language regarding the river has changed.
Bureau of Park Police- River Patrol Update
Lieutenant Hand was not present and so Stacia gave the update.
The Myakka Task Force is composed of Sarasota County Law Enforcement,
City of North Port, City of Venice Law Enforcement, Fish &
Wildlife Commission Law Enforcement as well as our DEP Division
of Law Enforcement. It was created to coordinate between all these
agencies to get representation from law enforcement on the river.
They want to try to have at least one of the agencies out there
during the important times which are weekends and holidays.
They will have their official shoeveoff ceremony
on May 17th at 10:00 a.m. at the Marina Park (public boat ramp
on Myakkahatchee Creek) in North Port. DEP’s law enforcement
went out with Sarasota County a couple of weeks ago on the weekend
and gave out many speeding tickets.
Questions and answers followed.
Belinda Perry – Sarasota County Environmentally
Sensitive Lands Update
Since January Sarasota County closed on the Green
Property which was an 8 acre inholding within Rocky Ford. They
are also closer in negotiations on O Bar O Ranch conservation
easement. It is anticipated approximately 162 acres along the
river.
Almost 1,200 acres have been burned in the Myakka
River Basin since January on three different sites: the Carlton,
Deer Prairie Creek and the Pinelands Reserve.
They are in the process of removing exotic plants
along Warm Mineral Springs Creek as part of a US Fish & Wildlife
Service grant they obtained. Over the next year they will be phasing
exotic removal in association with transplanting native plants
in order to keep the shading of the creek consistent for the manatees.
Jono added that in addition to the County’s
Environmentally Sensitive Lands Acquisition Program the park program
that he mentioned earlier is looking for a site in the US 41/Myakka
River crossing area. If these negotiations are successful a canoe/kayak
launch might be available.
Identify Candidates for Chair and Vice-chair of
the MRMCC.
Stacia stated that at the last meeting six potential
candidates were identified. They were going to check with their
boards/supervisors to see if they were approved. Maran Hilgendorf
is the only one who is interested.
The Council took a 10 minute break.
Belinda Perry for Kris Fehlberg – Sarasota
County North River Road Regional Offsite Mitigation Area (ROMA)
Kris Fehlberg is in the County’s Roadway Mitigation
Program and was not able to be present. Belinda gave the update.
The North River Road Offsite Mitigation Area is
really officially called the Myakka Regional Offsite Mitigation
Area and is 72 acres. This is the 3rd ROMA for the County to provide
mitigation for county infrastructure projects. The Myakka ROMA
was set aside with permits and agreement between the SWFWMD and
the US Army Corp of Engineers for mitigation for the Englewood
interstate connector which is under design (North River Road Extension/Expansion
Project). The location is North River Road south of the Jelks
Preserve. A portion of property between the highway and the ROMA
site is for a potential fire station for the County.
ROMAs (the county’s have programs since 2001)
were designed for mitigating proposed future and existing county
infrastructure projects. This is not floodplain compensation.
It’s designed to enhance and preserve, to mitigate in this
case, the Englewood Interstate Connector. The property is intended
to be managed as part of the Jelk’s Preserve after the mitigation
is complete.
Stacia Hetrick – Council Bylaws – Quorum
The definition of Quorum in the council Bylaws was
discussed at the last meeting. Stacia brought several definitions
to review.
Jono proposed that before the next meeting Stacia
could get some guidance from Tallahassee on the activities of
subcommittees. We could identify people today that would be willing
to serve on a subcommittee for the Bylaws but that wouldn’t
start until we had a clear direction on what they can and can’t
do within the Sunshine Laws.
Peggy Morgan and Tom Moralee volunteered to serve
on the subcommittee.
Rachel Herman – Sarasota County-Myakka Ordinance
Compilation Update
The public hearing on the MRPZ will be held on Tuesday,
April 22nd at the South County Administration Center in Venice
in the afternoon.
Since the last public hearing there haven’t
been a tremendous number of changes to the draft ordinance. They
added an allowance for accessory structures and residential expansions
within the 50-ft buffer area on properties that are less than
five acres. They also did maintain the requirement to get written
approval for non-native and nuisance and invasive species removal
within the MRPZ. They cleared up the language that allows the
removal of poison ivy when it’s a public health threat.
They also clarified the language about the fees for the variances.
It was decided to not include another diagram in the code, but
to include it in the educational brochures. The entire packet
that the Board received is available on the FTP site that Stacia
emailed the members.
Clarifications to the amendments were made.
Rachel responded that they will begin the educational
campaign with a brochure and a website with all the relative information.
They are planning on doing it by the end of this summer. The Council
will be kept up to date on their progress.
Stacia asked if there will be any workshops or training
for those who live along the river.
Rachel responded that at this point they hadn’t
thought about doing workshops, but if any river folks wanted to
request a meeting they would be able to do that.
John Dziuba asked about trimming of the mangroves
on the river.
Howard Berna answered that the mangroves are regulated
by the state. Stacia stated that since 1991 there has been a rule
in place in the Florida Administrative Code that prohibits cutting
of native vegetation in the River Area which is the Myakka River
and its wetlands.
Discussion continued.
Belinda Perry – Myakka River Protection Zone
Ordinance Compilation Council Subcommittee
The subcommittee consisted of Stacia Hetrick, staff;
Marlene Guffey; Jono Miller; Tom Moralee; Peggy Morgan; Teresa
Payne and Belinda Perry. At the January Council meeting the subcommittee
had brought their suggestions to the Council that were approved
and forwarded to the County for discussion. Since that time some
of the suggestions were incorporated into the revision that is
currently going to the Board on April 22nd. However, there are
still some items that were not incorporated. For example, there
isn’t a definition for non-native nuisance species, although
noxious species was taken out. While poison ivy was added other
nuisance species were not included. There is still no definition
for reasonable selective pruning and window.
While the County has included the acronym for Myakka
River Protection Zone it is still read as Myakka River Area Protection
Zones and the subcommittee had suggested eliminating Area in that
title.
Additionally, the language, “top of bank”
has been used in the document and it’s recommended that
another term such as jurisdictional wetland line be used instead.
The subcommittee also recommended that non-native
nuisance species should not require written approval. Just that
the removal must not impact native vegetation.
Removal of the vegetation within the 50-ft. buffer
area requires written approval, however, currently there is no
penalty for non compliance. The subcommittee suggested developing
specific criteria for monitoring and a method of action for removal
without written approval.
Belinda submitted the subcommittee’s comments
to Judy for the record. Jono reiterated that it would be helpful
to have the graphic for small lots.
Questions and clarifications took place.
Peggy Morgan stated that she felt the one diagram
that was included should be made clear that it is for a large
lot and a new building. It presently does not explain that.
The Business Meeting was called to order at 11:50
a.m.
Call to Order and Role Call was taken. There was
a quorum.
The Minutes from the previous meeting were reviewed.
There were several changes; Green only has two e’s in it.
Remove the e on the end (page 9). On the same page Belinda stated
that the County’s partnership was 31 million, not 31,000
under the Environmentally Sensitive Lands Update.
Maran Hilgendorf said the CC meeting was Bowling
Green; not Balling Green.
At the previous meeting she said that she could not serve as Chair
without approval from her program director. Right now it just
says she can’t serve as Chair.
Chuck Downs moved to adopt the Minutes. Manon Lavoie
seconded. The Motion passed.
New Business
Jason Utley – Southwest Florida Regional Planning
Council (SWFRPC)
The Gottfried Stewardship Village is located on
the south side of US 41 and is part of Taylor or Thomas Ranch.
Kimley Horn is going to come in with a development of regional
impact (DRI), but they are not going to do that for around five
years.
The Isles of Athena project (IOA) is 5,800 acres
and they propose 13,000 dwelling units with over 4 million square
feet of non-residential. SWFRPC will be meeting with the agent
because they owe them about $5,000. One of the city council members,
Councilman Blouchard had a conversation with their Executive Director
Ken Heatherington and they’re coming in to bring a check
and talk about moving forward after the outcome of the April 22nd
meeting with the City of North Port.
Teresa stated that City of North Port staff recommended
denial for the proposed
Comp Plan amendment for IOA. The city’s Planning and Zoning
Board made no recommendation to the Board regarding the amendment.
Discussion continued.
Ed Flowers – Division of Forestry
Forestry received a letter from North Port Council
requesting to allow ATVs on the Myakka State Forest. The response
from their director was that it would not be considered.
Discussion continued.
Valinda Subic – Florida Park Service, District
Bureau Chief for Southwest Florida.
On behalf of the Department of Environmental Protection
and the Division of Recreation and Parks, Valinda thanked Jono
Miller for his long service as Chairman of the Council and recognized
all his time, effort and energy put forth to lead the Council
and its many accomplishments.
Valinda read a letter from Mike Bullock, Division
Director. She then presented Jono with a Florida State Parks passport
as token of their appreciation. Valinda read another letter from
Mike Sole, Secretary of DEP.
On behalf of the Charlotte Harbor National Estuary
Program and the Council, Maran Hilgendorf presented Jono with
a signed, framed print of an Osprey by Diane Pearce to thank Jono
for his years of service.
New Business
Motion by Suzanne Cooper: For the Council to send
a letter to the Sarasota County Commission thanking them for Council’s
comments that were included and pointing out those that were not;
also send a representative to the Commission meeting.
Tom Moralee seconded the Motion.
Discussion followed.
Suzanne Cooper volunteered to attend the Commission
meeting on behalf of the Council.
Jono asked Rachel why the draft of the window definition
didn’t get done.
Rachel responded that it was left vague for interpretation
purposes.
Jono stated that the Council’s opinion is
that the definition would improve it and the staff’s position
is that leaving it vague allows for more discussion. It’s
a balance between enforceability and discretion.
Stacia stated that written approval is required
for cutting vegetation in the window. Stacia recommends that there
be set criteria for that approval for the County to grant so that
it is consistent for whoever is doing the approval; some set criteria
and guidelines for what can be approved and what can’t.
The Motion passed unanimously.
Belinda will email the changes that the County did
not incorporate to Jono who will put it into a letter, sign it
and scan it and get it to both the County and Suzanne.
Motion: Council recommends to DEP that John Dziuba
be added to the membership. Diane Davies moved that he be recommended
and Susan Hochuli seconded. The Motion passed uniamously.
Marlene Guffey moved to put Mike Choiunard in her
place representing Myakka River Estates. She would like to be
appointed as member-at-large until another member-at-large is
appointed. Terry Green seconded. The Motion passed unanimously.
Future Agenda Items
Don Caillouette will bring a map of the park at
the end of Laurel Road.
There will be a presentation on the Sunshine Laws.
Susan Hochuli will get a PowerPoint or some more focused presentation
on the Flatford strategies.
Update on North Port.
Marlene Guffey brought up increasing kayak access for the river.
Jono stated that we need to get back to our management
plan and determine carrying capacity for the river.
Elections for Chair and Vice-Chair
Susan Hochuli nominated Maran Hilgendorf. Belinda
Perry seconded.
Maran had two conditions: she wants the more traditional
responsibility of just chairing at the meetings. The second is
that the Council have a schedule for elections.
Stacia stated that there is a schedule for elections
in the By-Laws. It is supposed to be the first meeting each year.
It was tried at the January meeting but the Council was not prepared.
Dr. Jelks moved to close the nominations. Chuck
Downs seconded. The Motion passed unanimously.
Marlene moved to elect Belinda Perry as Vice-Chair.
Terry Green seconded.
Dr. Jelks moved the nomination be closed. Chuck Downs seconded.
The Motion was unanimous.
Schedule Meeting Dates for 2008.
It was decided that September 12, 2008 would be
the next meeting date. We would then meet again in January and
April.
Chuck Downs moved adjournment and Peggy Morgan seconded. The meeting
ended at 12:37 p.m.
MEMBERS IN ATTENDANCE
Peggy Morgan- Florida Department of Environmental Protection
Manon Lavoie - Florida Department of Transportation
Paul Thomas- Florida Fish and Wildlife Conservation Commission
Kevin Kemp- Florida Fish and Wildlife Conservation Commission
Ed Flowers- Dept. of Agricultural and Consumer Services Division
of Forestry
Dianne Davies- Southwest Florida Water Management District
Jason Utley- Southwest Florida Regional Planning Council
Greg Blanchard- Manatee County
Belinda Perry- Sarasota County
Don Caillouette- City of Venice
Teresa Payne- City of North Port
Susan Hochuli- Peace River Manasota Regional Water Supply Authority
Andy Neuhofer- Sarasota County Farm Bureau
Maran Hilgendorf- Charlotte Harbor National Estuary Program
Terry Green- Dona & Roberts Bay Environmental Society
Dr. Mary Jelks- Friends of Myakka
Gregory Nowaski- Manasota-88
Gaines Finley- Save Our Bay Association
Jono Miller- Sierra Club
Suzanne Cooper- Tampa Bay Regional Planning Council
C.H. Downs- Rancher
Marlene Guffey- Homeowner
Thomas Moralee- Venice Campground, Inc.
INTERESTED PARTIES
Rachel Herman- Sarasota County
Kathy Meaux- Sarasota County
Diana Donaghy- Department of Environmental Protection, Florida
Park Service
John Dzuiba- Association of Myakka Communities
Bernie Milosky- Charlotte County Utilities
Louis Kovach- Venetian Golf and River Club
Mike Chouinard- Homeowner
Olga Smith- Manatee County
Becki Babb- Myakka Country Estates
Valinda Subic- Department of Environmental Protection, Florida
Park Service
Stacia Hetrick- Department of Environmental Protection, Florida
Park Service
John Chassey- Department of Environmental Protection, Florida
Park Service
Judy Meents- Department of Environmental Protection, Florida Park
Service
