Jackson County Commission Regular Session, Roseberry Rescue Group Issue of Invasive Aquatic Species Funding, County Roads and Bridges Repair Update - May 14, 2018

Jackson County Courthouse North Side, photo by G. Morgan.

Roseberry Creek Invasive Aquatic Weeds Issue

Previous Articles on Invasive Weeds Issue, Hydrilla and Milfoil.

1) April 2009, Huntsville Times, Jackson County Commission - http://blog.al.com/breaking/2009/04/jackson_co_commission_takes_no.html 

2) May 2009, Huntsville Times, Jackson County Legislative Delegation - http://blog.al.com/breaking/2009/05/jackson_co_legislative_delegat.html

3) February 2012, Fishing Group, "Hot Weed Kill" - http://www.chattanoogafishingforum.com/forums/thread-view.asp?tid=61492&DisplayType=threaded&setCookie=1 

4) May 2012, Jackson County Sentinel, note photo in this article -  http://jcsentinel.com/news/article_a62fec16-7858-11e1-9a9f-0019bb2963f4.html

5) TVA 2017 Treatment Schedule - https://www.tva.gov/Environment/Environmental-Stewardship/Anglers-Aquatic-Plant-ID/Aquatic-Weeds-Treatment-Schedule

6) May 11, 2018 Jackson County Sentinel Report on last weeks commission meeting, this issue - http://m.thedailysentinel.com/news/article_53322646-555b-11e8-8103-e3ab64d82aaa.html?mode=jqm

QUESTION?? Has anyone been in contact with these folks? Joint Federal task force -  https://www.anstaskforce.gov/panels.php  

Alabama Task Force - https://www.anstaskforce.gov/State%20Plans/AL/ALANS_Management_Plan.pdf

AGENDA

VIDEO

Scottsboro City Council Meeting

Monday April 16, 2012 Scottsboro City Council Meeting was a work session. Boy Scout Troop 444 led the Pledge of Allegiance

The big issue, the unsafe railroad crossing closing at North Broad Street. Mr. Will Miller of Norfolk and Southern Railroad encouraged the city council to take action to close the North Broad Street rail crossing.

Mr. Will Miller of Norfolk & Southern R.R. (photo by G, Morgan)

Miller stated by closing the N. Broad St. crossing the rail road and the State of Alabama Department of Transportation  will install crossing bell and light safety devices at another crossing location. "The cost will be between $200K to $300K," Miller stated.  He also commented:  "I would not come to you tonight if this crossing closing was not an important safety issue. The FRA (Federal Railway Administration) recommends no more than 4 crossings per mile." 

Issues and questions were brought forth by Council member Gary Spears about area safety and evacuation of people during an emergency response in the case of an accident blocking the tracks and isolating the north side of town. Mr. Miller replied:  "People crossing the rail tracks is not the railroad's responsibility, it is a state and local government responsibility; the railroad does not get involved." However, Miller did say Norfolk & southern would gladly cooperate, if asked, in any exercise involving an emergency preparedness exercise. 

Councilman Spears speaks about the issue of community safety and access to citizens north of the railroad in the case of an emergency. (photo by G. Morgan)

Mr. Miller was preparing to leave after the city councils question to him.  Council President Matthew Hodges requested Miller to remain as citizen representatives of the community had questions.

Mr. Howard Hill representing the North Side Community and the Jackson County Voters League spoke.

 Mr. Hill asked the question: "Will closing the crossing make the situation for citizens safer? Norfolk & Southern has an excellent safety record, but in the case of a serious accident involving hazardous materials how will we evacuate and how will emergency responders respond if the rail crossings are blocked." Mayor Potter responded that we are conducting a safety study. 

My comment to this issue: The City of Scottsboro is ill prepared to deal with a hazardous materials disaster which may involve the north side community. A safety study should have already been accomplished. Emergency planning, evacuation and emergency access to the area should have already been planned. The citizens residing and industry located in the area should have already been advised of evacuation procedures and plans. Emergency response planning and preparedness involving the north side of town should receive a high priority for the city-an immediate priority. A lack of preparedness could result in a loss of life.

In other business: 1) The council discussed a $5000 budget amendment for the Fire Department to purchase needed safety equipment and maintain existing equipment. 2) Aquatic weed control: Citizens from the Driftwood Shores community expressed concerns that the area surrounding their boat docks are being infested by nuisance aquatic weeds. They have asked the city council to provide assistance concerning this problem. Mr Deerman, citizen spokesperson for the group stated: "We have approached the Legislative Delegation but they did not make a commitment to help with the project... State Weed Management (apparently the name of a contractor) said they would do the job for $15,600."

My comments: Once again this issue comes forth which should be expected. Clearing areas around public access areas is one issue, but to clear aquatic species from around personal boat docks is another issue. It is notable that not one person from the state, the county or from the city has stood before the TVA Board and requested that they perform their environmental steward leadership responsibilities concerning the control of aquatic nuisance species. There has been no-zero-none professional, impartial state biologist input from the Alabama Department of Conservation or TVA concerning this issue. Nor has there been any long term plan submitted involving this issue. Ladies and gentleman - that is inexcusable.

There is a group which deals directly with aquatic weed control issues in Alabama and the southeast. and associated with the state universities and departments of conservation. Info: "The MidSouth Aquatic Plant Management Society (MSAPMS) is a non-profit organization of scientists, educators, students, resource managers, administrators, and concerned individuals interested in the management and study of aquatic plants in the MidSouth region."  Link:  http://www.msapms.org

Council President Hodges stated he will ask the Roseberry and Driftwood Shores citizens to meet in the attempt to resolve the problem. "We need to be looking for a long term solution to this problem," stated Mr. Hodges. 

Map of the Driftwood Shores area involving the aquatic nuisance species congestion. 

3) Burn Permits issue. A Mr. Deerman approached the city council concerning burn permits in the city. Mr. Deerman suggested the city curtail burning unless there was a fire curtain installed around the burn area. Fire curtains are expensive devices which curtail smoke emissions from burning of rubbish. He stated a used fire curtain would cost approximately $14,000. The council and mayor will be visiting the issue concerning burn permits. 4) CDA, Commercial Development Authority  appointment will be made at Monday's regular council meeting.

Reports: Council Member Bell stated, "in regards to the emergency evacuation for the north side of town there is an evacuation route north of the city up Tupelo Pike." My comment: I discussed this issue with Mr. Bell after the council meeting explaining to him that the issue of evacuation is not as serious as the issue of entry into the north side of the community in the case of a disaster with over a mile of track blocked in the city central location. His reply to me, "go around to Ridgedale Rd." That comment is true, but problematic and insensitive concerning the specific area problems. Delays could cost lives when time is important in the event of a disaster. If the Ridgedale Rd. access was not blocked the response time to an emergency is increased to 15-20 minutes to an area which the response time is normally 5-8 minutes. If the Ridgedale Rd. access was also blocked it is possible that access could not be gained for up to an hour.

It is my perception the citizens of the north side community believe they are being neglected and that city government does not represent the group of citizens north of the railroad tracks fairly. This continues to be a historical problem for Scottsboro.

Scottsboro City Council Meeting

Last night was a work session of the Scottsboro city Council. Several important issues were discussed.

1) City Attorney, Steve Kennamer, discussed the City Ordinance concerning business licenses and alcoholic beverage control license. The new ordinance will coordinate local laws with the state law. Mr. Kennamer stated the new license issuance fee will be based on the state license fee which is based on the consumer price index. According to the City Attorney this will lower the current fees. (In my last posting concerning this issue I had misunderstood the explanation of the license fee issues. I stated there would be an increase in license fees. A change in the law will not result in a fee increase and there probably will be a decrease in license fees as the local law is coordinated with state law, my apologies for the error.) 2) Vacancy announcement on the Water Sewer and Gas Board due to the death of Mrs. Dicus, term expires Sep. 2014. Applications for the position must be turned into the City Clerk no later than Feb. 24, 2012 by 4PM. 3) 1 vacancy on the Housing Authority Board, applications must be turned into the City Clerk no later than 24 Feb, 2012 by 4PM. 4) There were 3 items of discussion relating to the traffic signals at the intersection of Hwy 72 & 35, Wal-Mart and Scottsboro High School. The items concern a modification of the signals at the 3 locations.

Presentation by Mr. Lowell Bivins of the Roseberry Rescue Group concerning Aquatic Nuisance Species in the Dry Creek and Roseberry Creek area. The Jackson County Park and the Scottsboro City Park are located in these areas. There are many homeowners which have docks by the lake in the area of Roseberry and Dry Creek.

The Aquatic Nuisance Species issue has been an ongoing issue long before 2008 when the Roseberry Rescue Group (RRG) LLC was formed.  Information about the Roseberry Rescue Group may be found on the web at  http://sites.google.com/site/roseberryrescuegroupllc/home .

The Roseberry group of concerned citizens state on their web site: "In 2008 two specific non-native aquatic weeds (hydrillia and Eurasian milfoil) had encroached the waterways, channel and near shore areas of Roseberry Creek within Scottsboro and Jackson County. They literally took over whereby Roseberry Creek was unusable by the public or private land owners."

"The simple reason this occurred was that around 2005 TVA began scaling back service and eventually stopped treatment and left the job to local communities."

 Roseberry Rescue Groups informational aids as presented to the City Council demonstrating the area of coverage. Aqua-Services of Guntersville, Al. will be contracted to provide the service. The Daily Sentinel coverage of the issue by Dewayne Patterson: http://thedailysentinel.com/news/article_4bc867d8-51e0-11e1-9933-0019bb2963f4.html

The Roseberry group is asking the City of Scottsboro to pay for $50,000 of a $200,000 bill for control of  hydrilla and millfoil. The group will also request $50K each from the County Commission and the Legislative Delegation. The lakeside homeowners will also contribute $50K to the project. The responsible parties for the stewardship of the Tennessee River waterways, TVA and the State of Alabama in accordance with Federal and State law, contribute nothing.

The irresponsibility of the TVA and the State of Alabama in this problem is appalling in regards to this issue. The TVA and the State of Alabama are neglecting their responsibilities.

The TVA Act states: "Sec. 22. To aid further the proper use, conservation, and development of the natural resources of the Tennessee River drainage basin and of such adjoining territory as may be
related to or materially affected by the development consequent to this Act, and to provide for the general welfare of the citizens of said areas..." Board of Directors of the TVA has a responsibility:

"Sec. 2. MEMBERSHIP, OPERATION, AND DUTIES OF THE BOARD OF DIRECTORS. (b) (5) 

shall affirm support for the objectives and missions, of the Corporation, including being a national leader in technological innovation, low-cost power, and environmental stewardship." In TVA's Environmental Policy they state: "Natural Resource Management - TVA protects natural resources while providing recreational opportunities across the valley." TVA also states their responsibility under "Water Resource Protection and Improvement - TVA manages an integrated river system for multiple uses while striving to provide clean and sufficient water for the valley's needs." TVA's  Environmental Policy .

 

TVA's policy, Aquatic Species Management: http://www.tva.gov/rrsc/readingroom/aquaplantrec.htm

The policy states: Policy for managing aquatic plants in the Tennessee River system-

TVA will assume the leadership responsibility for resolving problems with, and disputes over, aquatic plants within the Tennessee River system. TVA will take the lead in bringing stakeholders and technical experts together to discuss and define the problems, voice concerns, design management plans, and develop funding strategies. Administration, implementation, and financial responsibilities will be negotiated among local, state, and federal government agencies, TVA and other stakeholders.

State of Alabama: The Department of Conservation and The Alabama Department of Environmental Management (ADEM) have responsibilities under several laws. Previously, ADEM did not issue permits for aquatic nuisance species control. Currently they are issuing permits for herbicide treatment. There are other responsibilities outlined in Alabama Water Resources Act. This law is referenced in the Code of Alabama Section 9-10B various subparts.  Also relevant is the Alabama Aquatic Nuisance Species Management Plan which was developed by Governor Riley and signed into law but has never been funded.   www.outdooralabama.com/education/generalinfo/ans/plan/AlANSPlan200812.pdf. A public law has been passed regarding aquatic nuisance species, and it may be found in the Code of Alabama Section 9-20.  http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/coatoc.htm

There are several problems relating not only to government responsibility but to the Roseberry Rescue Group Responsibility.

There is no doubt that Hydrilla and Millfoil are out of control in many areas of the lake. The last application of the herbicide reduced the current problem. Short term solutions are not the answer. Poisoning the waters over and over again will have an impact on the fishery. The application of Fluridone and also a shoreline herbicide promotes the growth of dangerous algae. Reports from Florida reveal Hydrilla will build a resistance to Fluridone.

There is no long term plan by any of the governmental entities or the Roseberry Rescue Group concerning their deployment of this herbicide. Nor has there been any scientific input concerning the impact on the fishery or native aquatic species relating to the long term use of the herbicide.

To continue to spend $150,000 in public funds every 3 years for the spraying of "water weeds" in an 1100 acre area without knowing the long term effects of the application is negligent. In 21 years (began in 2008) that will equal a total of $1.05 million dollars (2012 dollars) in tax dollars spent without any scientific input from biologists or a definitive plan to evaluate and resolve the problem for a long term solution.

It is significant that the Dry Creek area has been identified by government conservation agencies as an area affected by siltation and pesticide runoff. There are 2 sewage treatment plants releasing effluents in the area of Roseberry Creek. Killing off the aquatic species in the area will have an effect on the fishery and the lake. Aquatic species in shallow water serve a purpose to clean human waste and agricultural discharges. The possible repercussions of widespread aquatic species poisoning are not known at this time due to the lack of a study. However, in Florida and other areas there are horror stories related to excessive algae blooms killing off the fishery as a result of eliminating other aquatic plant species.

Previous stories from 4 years ago relating to this issue; including incidents of censorship on al.com due to discussion of the issue. http://arklite.blogspot.com/search/label/Roseberry%20Rescue20Group

Discussion Group Issues--Municipal Bonds and Aquatic Weeds

Bond derivatives and swapping has been an expensive endeavor for some small southern towns. (Fair use photo usage for non profit news reporting.) 

 

Bond issues, http://www.nytimes.com/2009/04/08/us/08bond.html?_r=1&em

There are some questions which must be answered concerning Scottsboro's financial transactions related to refinancing of bonds and bond deals. Has Scottsboro participated in bond swaps or derivatives of the sort discussed in the New York Times article?

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An inquiry has been forwarded to the Mayor and City Attorney concerning this question.

 

 

Fair use rights for non-profit news and discussion. Photo by Alabama Department of conservation.

 

 

Aquatic Nuisance Species such as Hydrilla is an issue for local, state and federal government.

 

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Aquatic Weed Issues. A request for assistance has been sent to Governor Riley concerning Aquatic Nuisance Weeds in the Tennessee River, specifically the Roseberry/Dry Creek area and the proposed plans of a local citizen's group, the Roseberry Rescue Group.

>>>

A reply has been received. The Alabama Department of Conservation will be looking into this issue as instructed by Governor Riley.

IV

It appears political manipulation by high level members of the Democrat Party are creating problems concerning this issue. This situation is typical of Alabama political action or a failure of action due to political faction bickering.

V

The Alabama Aquatic Nuisance Species Task Force was created in 2005 by Governor Riley, a Republican. The Appropriations for projects such as Aquatic Nuisance Species Task Force are controlled by Democrats. Political faction bickering is preventing a resolution to these problems at the state level.

VI

The TVA is a corporate entity of the United States. It is funded solely by the sale of electrical power to the various local electrical power providers within the TVA service area.

VII

The environmental stewardship of Guntersville Lake is in part the responsibility of the U.S Government thru the TVA and in part the State of Alabama thru the Alabama Department of Conservation. These agencies along with the Alabama Department of Environmental Management as authorized by the U.S. Environmental Protection Agency have regulatory responsibility on the Alabama portion of the Tennessee River, its reservoirs and tributaries.

VIII

The use of herbicides in this large body of water will require a permit under the Safe Drinking Water Act.

IX

The City of Scottsboro has not acquired the professional opinions of federal or state biologists in this project.

X

The City of Scottsboro has approved appropriations with stipulations of other funding and review of the private applicator's guarantee of the aquatic weed project.

XI

Scottsboro local news media has presented very one sided stories about this project in support of the Roseberry Rescue Group. They have not presented the negative side of the Roseberry Rescue Groups proposals. Scottsboro's local news media has been presented with information concerning the negative issues of proposed application of Floridone to the Roseberry and Dry Creek areas of Guntersville Reservoir. However, they have not covered the legal, political and environmental issues concerning private citizens applying herbicide poisons to Guntersville Reservoir in violation of applicable laws.

XII

There is a front page article in today's Scottsboro Daily Sentinel concerning the aquatic weed issue.

TVA Irresponsibility, Vigilantism and Poor Decision Making.

Hydrilla, milfoil, and native aquatic plants north of Hwy 35 in Scottsboro. This is Dry Creek which flows into the Roseberry Creek area.

Milfoil and hydrilla makes for a green carpet in the North Sauty Creek area at Goose Pond Colony. Monster bass hang out in the shoal areas in the spring, summer and fall months using the weed cover and the numerous channels through the cover to ambush their prey.

Hydrilla, the culprit and reason for concern of local citizens. Unfortunately the TVA fails to meet their stewardship responsibilities in controlling this invasive plant. Local Citizens in Scottsboro have formed a vigilante non-profit group to take matters into their own hands. They have also convinced the Scottsboro City Council to participate in their ill advised plans.
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What do you get when you combine TVA Irresponsibility, Vigilantism and Poor Decision Making? A Scottsboro City Council Decision which gives $42,500.00 of citizen tax payer money to an ill advised project where professional, scientific input was not acquired. But wait, there may be more money from other public entities to placate the influential vigilante citizens irresponsible actions.

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Last year the TVA announced that it was not going to continue its aquatic nuisance species weed control. A responsibility which the largest governmental socialistic electrical utility has by law. They announced they would control invasive aquatic nuisance species only in public access areas and navigation channels. This immediately aroused the local lake homeowners who in turn demanded action from the TVA and local political entities.

>>>

Much debate ensued with the local Alabama Democrats meeting in several Committees as well as several meetings with the TVA massive buracracy. The results are very remarkable, zero, nothing, a lot of wasted energy-thus far. The TVA said we will get back with you by such and such date, "getting back" has never occured.

>>>>

Energy misdirected.

Up steps a group of lakeside homeowners who complain their boat docks and the waterways where they live are being inundated with aquatic weeds and are inaccessible. As lack luster as the TVA is you should never deceive and exaggerate facts to a bureaucracy such as the TVA.

-V-

The lakeside homeowners formed a non-profit organization and named it Roseberry Creek Rescue Group. (Unfortunately the question now is who will rescue the poor citizen of Scottsboro from the lakeside home owners who have swindled $42,500 from the coffers of Scottsboro.) The group enlisted the services of a private contractor to kill the aquatic nuisance species blocking their boat docks. The same contractor the TVA has put out of work due to their cut back of controlling aquatic weeds. The contractor comes forward and states, I will resolve all of your problems, give me $170,000.

-VI-

The proposed contractor, the Roseberry Rescue Group nor the City of Scottsboro, in the several public meetings, has never requested nor allowed any input from any State Biologist or professional scientist of any biological, ecological, or environmental discipline that would serve as a disinterested party to effectively evaluate any plans professionally and scientifically brought forward by the group.

-VII-

Breaking the Law, Breaking the Law.

The jurisdiction of the Resource which we call the Tennessee River, Guntersville Lake and specifically Roseberry Creek falls under the domain of the Federal Government and the State of Alabama. The City of Scottsboro nor the Roseberry Rescue group have no authority to participate in the destruction, elimination or poisoning of any species of flora and fauna of the river or lake. If they go ahead with their venture they will effectively be a group of lawless ecological vigilantes. The responsible Federal and State Agencies are the TVA and the Alabama Department of Conservation. Here is the TVA's official policy on jurisdiction and responsibility of Aquatic Weed Control, http://www.tva.gov/rrsc/readingroom/aquaplantrec.htm. State of Alabama Aquatic Nuisance Species Task Force information, http://www.outdooralabama.com/education/generalinfo/ans/plan/AlANSPlan200812.pdf and hydrilla info, http://www.anstaskforce.gov/spoc/hydrilla.php

-VIII-

Summary

Roseberry Creek has an invasive species problem and responsible planned action must be taken to resolve the problem. The failure of TVA to meet their responsibilities concerning stewardship of the mighty Tennessee River does not justify poor decisions without professional, scientific input to plan and resolve the problem permanently.

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There are many factors involved ie, sewage and runoff pollution, exasperating an existing ecological problem by enabling an avenue of a more serious proliferation by organisms such as Lyngbya alga to become dominate in Roseberry Creek; the avenue and frequency of dispersion of chemicals in this wide area must also be taken into consideration, it may require a period of years to have the best control of nuisance aquatic weeds. Endangered species might be in the area such as mussels and darters in Dry Creek and Roseberry Creek. The widespread use of Flouridone in the Roseberry Creek area in all likely hood will create other problems such as that with Lyngbya alga which sometimes takes over when hydrilla is controlled. Creates toxins and clogs water systems, a very difficult to control alga. Blue green filamentous algae is present and proliferates when aquatic weed control measures have been applied to the shoreline of Roseberry Creek in past years.

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A professional, scientific, joint agency approach to controlling this problem is necessary with public input. A single group of citizens taking the law into their hands and convincing the local political municipal body that their scheme should be financed all the while discarding the principles of science to resolve a perplexing Biological and Ecological issue is unacceptable conduct by those participating in this scheme. That is my opinion on this issue as supported by all available scientific and legal material that I have gathered and listed in the linked documents, including just plain good and common sense of the responsible citizen.

IX

Extensive listings and research material from this blog involving the TVA and Aquatic Nuisance Species: http://arklite.blogspot.com/search/label/TVA%20Aquatic%20Weed%20Control

(end edit 3PM 03/27/2009)

Scottsboro City Council Meeting and Work Session

The City Council approved a $42,000 disbursement, with stipulations, to control aquatic nuisance species around private boat docks.

Tonight a joint session was held, first a work session then a regular council meeting.

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1) Name change of Island Drive on Goosepond Island to Goose Pond Island Drive, approved. 2) Surplus Property declaration at Street Department, 2 John Deer Tractors, approved. 3) Resolution with State Department of Transportation concerning access road north of Deals on Wheels, approved. 4) Road block request from Shriner's for the period of April 5 for the area of County Park Rd. and Hwy 72. 5) Bid opening for Animal Shelter kennels and runs for $95K and some change, tabled awaiting county Commission input. 6) Approval for transfer of $300,000 into Street Department Paving Account. 7) Additional funds for Planning Department approved in the amount of $7500. This money will be utilized for the hiring of a City Engineer. (Mr. Curtis Davis, City Planner, last day at work was last Wednesday.) 8) Surplus property declaration for Planning Department. 9) Pharmacy Card Program approved for the citizens of Scottsboro allowing for 20% off prescriptions for all citizens who do not have insurance. This is a no cost program for the tax payers. This program was brought home from the League of Municipalities meeting in Washington last week. 10) A Cost of Living Increase was approved at 2% for City Employees effective April 1. 11) Roseberry Rescue Group requested $42,500 from the City of Scottsboro for the cleanup of aquatic weeds around their private boat docks. The Council approved this request with the stipulation that other sources must equally fund this project. The County Commission did not fund the requested $42,000. It was reported by the group the Jackson County Legislative Delegation will receive a request for this project. The Roseberry Group and the council stated that most citizens support the city utilizing taxpayer money to clean up aquatic weeds around private boat owners docks. That is not a true statement. I have discovered that the City Council did not consult with any State Department of Conservation Biologist or Fisheries Specialist prior to approving this project. The City Council President was given information concerning the Alabama Aquatic Nuisance Task Force and other information concerning Aquatic Nuisance Species, http://www.outdooralabama.com/education/generalinfo/ans/plan/AlANSPlan200812.pdf other council members indicated to me they have never heard of the Alabama Aquatic Nuisance Species Task Force.

Story from Huntsville Times on Roseberry Rescue Group. http://blog.al.com/breaking/2009/03/roseberry_scottsboro_roseberry.html