DRAFT. MINUTES OF THE MEETING of the HARRIS CHAIN OF LAKES RESTORATION COUNCIL

Transcription

1 DRAFT MINUTES OF THE MEETING of the HARRIS CHAIN OF LAKES RESTORATION COUNCIL The regular meeting of the Harris Chain of Lakes Restoration Council (Council) was held at 9:03 a.m. on Mar. 1, 2019, at the Lake County Board of County Commissioner Chambers, 315 West Main Street, Tavares, Florida. 1. CALL TO ORDER Chairman Grow called the meeting to order at 9:03 a.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE Council Member Nicholson gave the invocation. The Pledge of Allegiance followed. 3. COUNCIL ROLL CALL Chairman Grow called the roll. Council members present Sid Grow, Chairman Keith Truenow, Vice-Chairman Robert Johnson, Secretary Stephanie Bishop Wade Boyette Joe Dunn Skip Goerner Don Nicholson John Stump Council members absent None Technical Advisory Group (TAG) Members present Mike Perry, Lake County Water Authority (LCWA) Scott Bisping, Florida Fish and Wildlife Conservation Commission (FWC) TAG Members absent Mark Hoyer, University of Florida (UF) Kevin Coyne, Florida Department of Environmental Protection (FDEP) Rolland Fulton, St. Johns River Water Management District (SJRWMD) Vacant, Florida Department of Transportation (FDOT) Vacant, Army Corps of Engineers (ACOE)

2 Page 2 of 8 Chairman Grow requested Council Administrative Support to contact Kevin Coyne and request a temporary FDEP representative to attend Council meetings during his absence. 4. APPROVAL OF MINUTES A motion to approve the November 2, 2018, minutes was introduced by Secretary Johnson, seconded by Council Member Nicholson. THE NOVEMBER 2018 COUNCIL MINUTES WERE UNANIMOUSLY APPROVED. A motion to approve the January 18, 2019, workshop minutes was introduced by Council Member Dunn and seconded by Council Member Nicholson. THE JANUARY COUNCIL MINUTES WERE UNANIMOUSLY APPROVED. A motion to approve the February 1, 2019, meeting was introduced by Council Member Nicholson and seconded by Council Member Stump. Council Member Bishop requested a word search to verify the names Bishop and Bisping were not cross-referenced. Chairman Grow requested the February 1, 2019, minutes be revised to reference the Emergency Watershed Protection Program administered by the U.S. Department of Agriculture under 10(a) of the minutes. THE FEBRUARY 1, 2019, MINUTES WERE UNANIMOUSLY APPROVED AS REVISED. 5. FOR INFORMATION Council discussion on SJRWMD nonconformance to Florida Statute (1)(b). Review and approval of letters to the Lake County Legislative Delegation, Florida Senate President and Florida House Speaker Chairman Grow opened the discussion, suggesting SJRWMD was in nonconformance with Florida Statute (1)(b), as the statute says to supply a technical advisor that is a current science type advisor and have not done so in the past year and one half. Secretary Johnson and Council Member Goerner agreed with Chairman Grow s assertion. Vice-chairman Truenow suggested someone should be in attendance to go over issues as they arise. If the issue is to be addressed by specific personnel, then the appropriate should be in attendance. Vice-chairman Truenow indicated one specific person at all times is not the answer. Council Member Bishop noted in her review of the statute there is no language stating the advisory group members are required to attend Council meetings. Secretary Johnson noted there have been two meetings where Council needed an answer to a particular question and Dr. Roland Fulton was not available. Council Member Bishop reiterated her statement that TAG Members are still not required to attend Council meetings. Council Member Goerner indicated it was the intent of the legislation to have TAG in attendance at Council meetings. Council Member Goerner also indicated that Council cannot talk to TAG members outside of scheduled meetings as it is a violation of Sunshine Laws. Council Member Stump believed Council could contact anyone at SJRWMDor LCWA during the work week. Council Member Goerner reiterated the intent of legislation was to have TAG members attend Council meetings. Council Member Boyette, indicated he did not think the Sunshine Law would prohibit Council from talking to TAG members. Council Member Goerner feels the intent of the legislation was to have the TAG members team present at each meeting. Council Member Boyette suggested the statute was unclear, but he could not see where the statute says TAG members are required to attend Council meetings. Council Member Goerner

3 Page 3 of 8 reported Council has operated for 17 years under the premise that Council would have TAG members in attendance. Council Member Bishop suggested the issue should be addressed legislatively and asked Secretary Johnson if he was going to provide an update. Secretary Johnson reported he had spoken with Senator Stargel s aide the night before the Lake County Legislative Delegation meeting and did attend the meeting the next day and spoke for three minutes on this matter. Additionally, Secretary Johnson said before the delegation meeting, he did send s to three of the members of the delegation on what he was going to be talking about at the delegation meeting. Council Member Nicholson suggested it was common sense to have someone like Dr. Fulton on hand who has knowledge. Council Member Nicholson expressed concern that Council was not solving issues, just bickering. Council Member Bishop noted that for every presentation Council requested SJRWMD has provide the appropriate personnel. Council Member Goerner indicated Dr. Fulton has done everything at SJRWMD and Council always got an immediate response from him. Council Member Goerner expressed concern that since SJRWMD is not providing a TAG member, other agencies will follow suit. Because District does set the pace and others follow suit, noting the FDEP representative has not been in attendance. Council Member Goerner added that if he has a question for the FDEP he cannot call without violating sunshine laws. Chairman Grow did state the administrative support from the SJRWMD has been excellent. Chairman Grow requested a motion that Council considers SJRWMD in nonconformance to Florida Statute (1)(b). Council Member Goerner made the motion. The motion was seconded by Secretary Johnson. Chairman Grow asked if anyone wanted to abstain from the vote and no one responded. Chairman then requested a voice vote and show of hands in favor of the motion. Chairman Grow, Secretary Johnson, and Council Members Nicholson and Goerner voted in favor of the motion. Vice-Chairman Truenow, and Council Members Bishop, Dunn, Stump, and Boyette voted against the motion. THE MOTION FAILED BY A VOTE OF 5 TO CONSIDERATION Approval and adoption of letters to the Lake County Legislative Delegation, Florida Senate President and House Speaker concerning nonconformance of Florida State (1)(b), as it relates to the TAG by the SJRWMD. Consideration was withdrawn by Chairman Grow. 7. FOR INFORMATION SJRWMD to provide information related to Water Quality Memorandum 56. Jim Troiano, the SJRWMD Intergovernmental Coordinator, provided Council with a memorandum from Dr. Erich Marzolf that reported no SJRWMD plans to update Water Quality Memorandum 56. However, Memorandum #54 is to be updated by Dr. Fulton with data through This update is expected to be completed in early Mr. Troiano noted Dr. Fulton had

4 Page 4 of 8 made a presentation to Council on Memorandum #56 in January 2017, and reported the video of the presentation is on the Council website. Council Member Dunn expressed his thanks to SJRWMD for placing video links on-line. 8. FOR INFORMATION SJRWMD to discuss lake level control for upcoming hurricane season. David Watt, P.E., Supervising Professional Engineer within SJRWMD s Bureau of Operations and Maintenance, provided an overview of his background and professional responsibilities at SJRWMD. Mr. Watt noted he as the supervisor of the staff responsible for operating SJRWMD flood control facilities and introduced his PowerPoint presentation and discussion of SJRWMD preparations for the forthcoming hurricane season. Mr. Watt discussed the history of the Upper Ocklawaha River Basin (UORB) noting SJRWMD operates the Apopka, Burrell and Moss Bluff Lock and Dam flood control facilities along with the Sunnyhill levee. Mr. Watt reported in the 1950s, the Apopka and Burrell facilities were operated by legislatively established conservation and control authorities in their respective counties. Authority for those facilities was transferred to the Southwest Florida Water Management District in the 1960s, and then to SJRWMD in the 1970s along with the ACOE constructed Moss Bluff facility. Mr. Watt discussed the UORB system design to help Council Members understand the systems design constraints, as well as to put discussions about flooding and hurricane preparedness in the proper context. Mr. Watt noted scientists and engineers use statistical return frequency to describe the likelihood and magnitude of flooding. According to the ACOE, the UORB system was designed to control the 10-year flood, which has a 10% chance of occurring in any given year. The Hurricane Irma rain event was considered to be between a 100 and 200-year flood in this area, which has between a 0.5 and 1% chance of occurring in any given year. Mr. Watt reported that the 30 days surrounding Hurricane Irma was so wet, the whole month s rain was considered to be a 50-year flood, with only a 2% chance of occurring in any given year. Mr. Watt presented a table showing the difference between what the system was designed to handle, and what happened as a result of Hurricane Irma. SJRWMD estimated the peak stage for Lake Apopka would have risen another foot had the levee not failed to let water into the north shore properties. The peak stage for the Burrell system, also known as the superpond, would also have been higher had it not been for the additional flow capacity of the Harris Bayou improvements. Mr. Watt discussed additional improvements to the system that will help with future storms. Several gated culverts are now installed that are designed to allow water from Lake Apopka to enter the north shore properties. This is possible as the U.S. Fish and Wildlife Service has removed the restrictions on SJRWMD management of water levels on the north shore, so the option to store excess lake water on those properties is now possible.

5 Page 5 of 8 District staff, as noted by Mr. Watt, take their flood control responsibilities seriously, and continuously monitor forecasts and discussions from the National Weather Service, National Oceanic and Atmospheric Administration, the National Hurricane Center, and the SE Rivers Forecast Center to inform decisions. SJRWMD lake level graphs are updated every day with few exceptions. Mr. Watt reported that despite a wet winter, water levels in all lakes are near their target levels for this time of year. The current status of the system is good, with all water control structures fully operational. Council Member Goerner indicated that was the problem with Dora Canal. Mr. Watt noted both Dora and Apopka-Beauclair Canals are choke points. It makes a much greater challenge for SJRWMD to manage water with such limitations. Secretary Johnson suggested it was standard procedure in the past to draw down all lakes for hurricane season. Mr. Watt reported that is a common urban myth. The SJRWMD regulates lake levels to the regulatory schedule, not to hurricane season. Lake levels during an impending storm event are regulated by The SJRWMDs Emergency Operation Center when activated, and all decisions are elevated to a higher level. In discussing options, Mr. Watt suggested no particular solution is best. Council Member Dunn inquired whether the regulation schedule will change. Mr. Watt noted a potential increase in the max desirable level might be possible. Vice-Chairman Truenow, inquired how the locks are manned and operated and wondered whether north shore flooding could have been avoided if someone was actually at the structure. Mr. Watt reported that to the extent he was aware, SJRWMD tries to accommodate that. In recent events, SJRWMD had staff monitor water from the Lake Gem side. Mr. Watt said there are SJRWMD staff at the Sunnyhill Station that can go out and monitor flows directly if needed. Council Member John Stump left the meeting 10:02 a.m. Mr. Watt noted SJRWMD had begun lowering levels in Lake Apopka to begin creating storage for summer rains, and the same process will begin in May for the other lakes. Regarding fishing, the FWC indicates the Crappie spawning season is from February through April, so with the exception of Lake Apopka, SJRWMD will not be impacting lake levels in the spawning season. Council Member Goerner suggested leaving regulation schedule up a little longer, but not necessarily higher. Mr. Watt invited the Council Members and the public to check out the SJRWMD website to stay informed regarding water levels and other hydrologic conditions for this region and throughout the SJRWMD. The SJRWMDs Water Resources Information Bureau presents a hydrologic condition report each month to SJRWMDs Governing Board. In addition, when invited, SJRWMD staff gives presentations to community groups. Mike Perry, LCWA, noted while LCWA operated the Nutrient Reduction Facility (NuRF), SJRWMD regulates the flow, and it is a difficult dance to make sure all water needs to get water where needs to go. Water is released based on current regulation schedule. Council Member Goerner suggested there needs to be more flexibility to move water, namely another conveyance

6 Page 6 of 8 from Lake Apopka. Mr. Perry showed an overhead of the Lake Gem farms treatment wetland as one option that could be done sooner, rather than investigating the Double Run Swamp. 9. AGENCY UPDATES a. LCWA Mike Perry, LCWA, reported LCWA participated in FWC hydrilla workshops and has encouraged FWC to restart aquatic plant control efforts in the Harris Chain of Lakes. He hopes the FWC will talk about the hydrilla tour. Mr. Perry expressed concern that delays in treatment could result in a $10-20 million problem. b. SJRWMD Jim Troiano, SJRWMD, updated Council on SJRWMD activities, reporting Harris Council related expenses for the previous month, including Florida Administrative Register notification, website staff support, posting agenda and meeting documents, and administrative support expenses. Mr. Troiano showed the Council their website and noted the links were updated to make it as user-friendly as possible. A new item on the website is the video link which so far has videos dating back to Additional documents were uploaded to the website to make it easier for Council Members to use and obtain information. Mr. Troiano discussed the upcoming SJRWMD Governing Board meeting and stated he would the agenda to the Council when it is published. Mr. Troiano noted if Council Members could not attend the meeting, they could watch the event via a live stream on SJRWMD s webpage. The complete SJRWMD update is included as backup material to the minutes. Mr. Troiano also talked about April being Water Conversation month. He said this was the 21 st year the state recognized April as Water Conservation month. c. FWC Scott Bisping, FWC, reported on the stakeholder meetings held to discuss herbicide treatment of hydrilla. Six public meetings were held throughout the state. The meeting in Eustis was well-attended, with approximately 270 participants including homeowners, fisherman, and boaters. Mr. Bisping also noted the FWC commission meeting in January discussed aquatic plants. Mr. Bisping indicated the FWC Executive Director had instructed staff to move forward with forming a technical advisory group and well as individual lake management plans. Mr. Bisping noted FWC was developing a black crappie management plan with a goal to direct future FWC research on black crappie. A meeting is scheduled for March 12 in Eustis to discuss the plan. Council Member Dunn queried Mr. Bisping about the status of bass tagging results. Mr. Bisping reported results were still not yet available.

7 Page 7 of 8 Council Member Goerner inquired as to what size the size fish would be. Mr. Bisping reported fish released in spring 2016/2017 and 2017/2018 should be inches at the year-old age range. 10. PUBLIC COMMENTS Linda Moss, private citizen, Lake Gem Clean Water Project, showed a video from July 9-10, 2018, reportedly showing muck moving through the Tammi Drive canal. Ms. Moss reported notes of the February 2018 LCWA meeting noting no storage within ponds. Ms. Moss discussed a proposal to take sediments from the NURF ponds to F and G cells and the existence of possible toxins in the sediment. Ms. Moss reported observations on repairs to the NURF gates. Ms. Moss later asked the Council if she could become a member of the Council as a representative of the Lake Gem Clean Water Project. She was advised to provide questions relevant to the Council and they will be answered if they apply to the Council s agenda. Peter Tuite, Howey-in-the-Hills resident, discussed the Council s Annual Report. Mr. Tuite lives on Little Lake Harris and registered his objection to Council consideration of Double Run swamp as an alternative conveyance from Lake Apopka. Mr. Tuite suggested pumping water to the north shore and dredging the Dora Canal to improve conveyance. Sal Gallelli, resident in Howey-in-the- Hills, expressed concern over the use of herbicides for hydrilla control, and suggested fencing off a 4-acre area of Little Lake Harris to test the use of triploid grass carp for hydrilla control. Council Member Goerner suggested they can work in some areas but can be devastating in other areas. Chairman Grow noted Mark Hoyer had previously reported that a 15-pound grass carp could eat about 5 pounds of vegetation per day and the younger ones can eat their weight and live for about 15 years. 11. COUNCIL MEMBER COMMENTS a. Chairman Grow No comments b. Vice-chairman Truenow No comments c. Council Member Nicholson Council Member Nicholson suggested a Sunshine Law update should be provided for the benefit of new Council Members. Council Member Nicholson later noted there was an Executive Order issued by the Governor allocating $2.5 billion for red tide and algae research. Council Member Nicholson suggested some of those funds should be directed toward hydrilla control.

8 Page 8 of 8 d. Council Member Bishop Council Member Bishop inquired as to whether Council can talk to TAG members and wanted direction. Lisa Kelley, SJRWMDs Assistant Executive Director, reported that at the April 2018, special meeting, it was the position of the SJRWMD that Council Members can have a direct conversation with any agency person, as long as two members of the Council are not present together. Further, agency personnel cannot act as a conduit for crosscommunication with Council members, but we can have direct contact as individual Council Members. Ms. Kelley suggested having SJRWMD provide Mr. Boyette with a briefing. Council Member Goerner requested the briefing be provided by the Lake County Attorney. Council Member Boyette volunteered to speak with the Lake County attorney on this topic. e. Secretary Johnson No comments f. Council Member Boyette Council Member Boyette had no further comments. g. Council Member Dunn Council Member Dunn noted that in his review of the SJRWMD water quality technical memorandums that Lakes Yale and Weir were under duress and reported to be getting worse. Council Member Goerner noted both lakes are a part of the Harris Chain of Lakes, but not part of our purview. h. Council Member Goerner No comments 12. REVIEW OF ACTION ITEMS* REQUESTED DURING MEETING *Action Items are highlighted in bold in the text Chairman Grow requested Council Administrative Support to contact Kevin Coyne and request a temporary FDEP representative to attend Council meetings during his absence, as well as being here in June to talk about septic systems and what the FDEP is doing to address this concern. 13. DISCUSSION OF NEXT SCHEDULED MEETING. Chairman Grow indicated a presentation on hydrilla stakeholder results by Nathalie Visscher, FWC, was scheduled. Chairman Grow suggested inviting Mark Hoyer to discuss chemical treatments of hydrilla. 14. ADJOURNMENT Meeting adjourned at 11:15 a.m.

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11 2017 Harris Chain of Lakes Restoration Council Attendance Attendance Summary January February March April 2017 May- Meeting cancelled June July- Meeting cancelled August September October November December- Meeting cancelled 75% (9 of 12) regular meetings were held Sid Grow P P P P Absent P Absent Absent P 6 of 9 Keith Truenow P P P P P P P P P 9 of 9 Robert Johnson P P P P P P P P P 9 of 9 Don Nicholson Absent P P P P P Absent P Absent 6 of 9 Stephanie Bishop P P P P P P Absent P Absent 7 of 9 Skip Goerner P Absent P P P P P P P 8 of 9 John Stump P P P P P P Absent P P 8 of 9 Vacant-Attorney Vacant-Physician Roland Fulton-SJRWMD P P P P Absent P Absent P P 7 Dennis Renfro/Ryan Hamm*-FWC P P P P P P P P P* 9 Mike Perry-LCWA P P P P Absent Absent P P P 7 Kevin Coyne-DEP Absent P P P P P P P P 8 Mark Hoyer-UF Absent P P Absent Absent Absent Absent Absent P 3 Vacant-USACE Vacant-DOT Individual TAG Member Attendance District Staff in Attendance Lisa Kelley P 1 Erich Marzolf P 1 Susan Davis P P P P P P P P P 9 Bob Naleway P 1 John Richmond P 1 # of SJRWMD Staff at meeting On average SJRWMD had 2.2 members with science backgrounds present at each regularily conducted council meeting in 2017.

12 2018 Harris Chain of Lakes Restoration Council Attendance Attendance summary 2018 January Meeting Cancelled February Meeting Cancelled March meeting cancelled April April-Special Meeting called by SJRWMD May meeting cancelled June July August September October November December meeting cancelled 58% (7 of 12) regular meetings were held Sid Grow P P P P P P P P 7 of 7 Keith Truenow P P P P P P P P 7 of 7 Robert Johnson P P P P P P P P 7 of 7 Don Nicholson Absent P P Absent P Absent Absent P 4 of 7 Stephanie Bishop P P P P P P Absent P 6 of 7 Wade Boyette (appointed 9/2018) n/a P Absent Absent 1 of 3 Joe Dunn (appointed 9/2018) n/a Absent P P 2 of 3 Skip Goerner P P P P P P P P 7 of 7 John Stump Absent P P P P P Absent P 6 of 7 Individual TAG Member Attendance Roland Fulton-SJRWMD (science, Ph.D.) n/a P 1 Dennis Renfro/Ryan Hamm*-FWC P n/a P P P* P* P* 6 Mike Perry-LCWA n/a P P P P P 5 Kevin Coyne-DEP n/a P P P P P 5 Mark Hoyer-UF P n/a P P P P 5 Vacant-USACE n/a 0 Vacant-DOT n/a 0 Additional SJRWMD Staff Attendance SJRWMD staff at regular meeting Ann Shortelle (science, Ph.D.) P P 1 Lisa Kelley (science, J.D.) P P P P P P P 6 John Miklos (science) P P P P P 4 Susan Davis (science) P P P P P P P 6 Bob Naleway (science, P.E.) n/a P P 2 Steve Miller (science) n/a P 1 Andrew Southerland (science, Ph.D.) n/a P 1 Lindsey Porter (science, P.E.) n/a P 1 Adam Lovejoy P Bill Abrams (J.D.) P # of SJRWMD Staff at meeting On average SJRWMD had 3.3 members with science backgrounds present at each regularily conducted council meeting in (Note: April's Special Meeting attendance was not included in the attendance summary totals)

13 SJRWMD Staff Last First Education Degree Description Establishment Name Yrs Work Exp Naleway Robert Bachelor Environmental Engineering University of Central Florida 25 yrs Master Water Resources Engineering University of Central Florida Lovejoy Adam Bachelor Political Science University of Central Florida 15 yrs Miller Steven J. Bachelor Environmental Biology Eastern Illinois University 40 yrs Master Environmental Biology Eastern Illinois University Fulton Rolland Bachelor Zoology Miami University 30 yrs Ph.D Zoology Duke University Davis Susan Bachelor Botany University of Florida 20 yrs Kelley Lisa Bachelor Environmental Resources Mgmt & Planning University of West Florida 21 yrs Juris Doctorate Juris Doctorate Barry University School of Law Sutherland Andrew Bachelor Biology University of Georgia, Department of Biology 13 yrs Master Conservation Ecology and Sustainable Development University of Georgia, Odum School of Ecology Ph.D Ecology University of Georgia, Odum School of Ecology Shortelle Ann Bachelor Biology/Chemistry Mercer University 25+ yrs Ph.D Limnology /Water Resources University of Notre Dame Porter Lindsey Bachelor Agricultural Engineering University of Florida 5 yrs Abrams Bill Juris Doctorate Juris Doctorate University of Florida 21 yrs Copy of Qualifications of personnel