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

Poll on Aquatic Nuisance Weeds/Poll Results

It has been a while since I have ran a poll. It seems now is a good time since there is an important issue before the Scottsboro City Council.

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Do you think the Scottsboro City Council should issue tax payer money to a private, non-profit group for the elimination of aquatic nuisance weeds in Guntersville Reservoir's Dry Creek and Roseberry Creek area? POLL RESULTS: 44 total votes over a 5 day period. There were 20 yes votes, 45%; there were 24 no votes, 55% which were no votes or votes that stated the lakeside homeowners should cleanup around their own boat docks.

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Please feel free to make comments on this issue.

Hydrilla and the Roseberry Rescue Group

Hydrilla, the culprit of choking the lake. TVA refuses to meet its legal responsibilities of River and Lake Stewardship in controlling this aquatic nuisance species.

Hydrilla in the back end of Dry Creek in December of 2008. The Roseberry Rescue Group proposes to control the hydrilla and milfoil from approximately 1/4 mile south of the Randall's Chapel Bridge on Hwy. 35 to Roseberry Creek entrance on the Tennessee River.

Hydrilla choking a cove off to native aquatic species. In areas such as this, there are very few fish present.

Alabama Representative Jeff McLaughlin, Democrat, Marshall County, Chairman of the Tennessee River Caucus has met with the TVA in a closed door session in Guntersville recently over TVA's control of Aquatic Nuisance Plant Species . (Ms. Sadie Bias, Chairman of the Jackson County Commission is to his left. This picture was taken during the press conference held in Scottsboro City Hall on the aquatic weed issue. During the press conference it was stated by State Rep. John Robinson, Democrat Jackson County, that he had heard Agent Orange was going to be brought in to control the weeds.")

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Last night the Roseberry Rescue group made a public presentation at the Council for Aging facility concerning the aquatic nuisance plants in Roseberry and Dry Creek. There was a full house, standing room only. Mayor Potter and Councilman Smith were present along with County commissioner Jack Allen. There might have been others but I did not see them. There were no representatives present from the Alabama Department of Conservation, ADEM or the TVA at last nights meeting.

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The mission statement of the group was expressed as follows: "Encourage the TVA to meet their legal and moral obligations to stake holders. Supplement TVA work to eliminate exotic, nuisance species of aquatic plants." Roseberry Rescue Group is a 501 (c), not for profit organization. The organization of concerned citizens spokesman, retired Judge Wallace Haralson, stated the group was formed as a result of TVA's recent statements concerning aquatic plant control. The TVA has recently stated they will only control nuisance aquatic plants around public boat docks and keep the navigation channels open. They will not control the nuisance plants around private boat docks and areas of private or commercial concern. (Unfortunately, the TVA is once again displaying its negligence and deceit as they are not keeping secondary navigation channels in tributaries open. They are not meeting their stewardship responsibilities.)

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It was reported recently that TVA had offered matching funds to assist in any aquatic nuisance species control project. This was stated to be unacceptable by State Representative Jeff McLaughlin of Marshall County in a recent closed door meeting with the TVA in Guntersville. Mr. McLaughlin is the Chairman of the Tennessee River Caucus of the Alabama House of Representatives.

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It has been estimated the control project will cost approximately $200,000. Judge Haralson has approached the Jackson County Commission and requested $60,000 and the City of Scottsboro's request was for $90,000. Judge Haralson also commented that the Jackson County Legislative Delegation would be requested to provide funds for this project.

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It was reported that area fisherman and guides had been consulted in this project.

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Mr. Terry Goldsby, previous TVA contractor for this area for aquatic plant control, and Mr. Craig Smith, Aquatic Products Manager, spoke concerning the application procedures and testing during application. It was reported that 5-20 parts per billion, ppb, was the desired application level to control weeds. Mr. Goldsby stated that the procedure would not harm other aquatic flora and fauna. He further stated this is a very controlled application and not all areas of the Roseberry and Dry Creek area would be treated. Apparently TVA does not use the product, Fluidone, which will be utilized for the Roseberry Creek control project. Fluridone is not effective in bodies of moving water nor will it be utilized on broad scope application for this project.

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Dr. Joe Cooney spoke concerning mosquito control and aquatic plants. Dr. Cooney is retired from the TVA as an Entomologist. He stated the control of the nuisance species would have a positive result in controlling the mosquito population in the lake area of treatment.

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Information was presented concerning lakeside home owner tax contributions. It was stated that lake shore home owners pay 10 times more property taxes than others. Also stated, lakeside property owners "deserve" the contributions by the city ($90K) and county ($60K)governments for aquatic plant control as they had paid their taxes year after year and pay more taxes than others. One citizen did not agree with their philosophy on the groups deserving the contributions from local government. The citizen spoke during the question and answer session, stating that, "we need jobs in Scottsboro before aquatic plant control." The concerned citizen stated $150,000 would go along way to bring jobs to Jackson County.

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I asked a question concerning permissions from the TVA, ADEM, and Alabama Department of Conservation. It was reported by Mr. Goldsby that no permits or permissions are required. This is contradictory to literature found concerning the Safe Drinking Water Act. In order to comply with this Federal Law a discharge permit is required as stated in the act. Citizens of Jackson County and the City of Scottsboro have not heard any comment from the Alabama Department of Conservation, ADEM concerning this proposed project. I hope our local governmental leadership checks with these agencies to determine if there is a problem. Judge Haralson commented that Ms. Sue Robertson of the TVA stated to him that no controls/permits are required or necessary.

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The TVA is slated to make a final decision as to Aquatic Nuisance Plant control by the end of this month.

HYDRILLA and The ANS Task Force, TVA Denies Responsibility to Control Aquatic Nuisance Species

Hydrilla has the potential of "choking off" bodies of water. Cover is necessary for a healthy fishery. Unfortunately hydrilla becomes the only plant present sub-surface, becoming so thick fish and other aquatic species can't exist.

Hydrilla, sounds like Godzilla, it is a monster aquatic plant, choking off waterways and lakes. This aquatic plant has the possibilities of utterly destroying a body of water. It is extremely invasive and almost impossible to kill. It is a serious problem in TVA's lakes.
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The ANS, don't you love it when government creates an alphabet agency. Alabama has just formed the Alabama Aquatic Nuisance Species Task Force, http://www.outdooralabama.com/education/generalinfo/ans/plan/AlANSPlan200812.pdf . A plan which involves the control and elimination of hydrilla and many other foreign nuisance species of flora and fauna on land and water. Will the newly formed agency do their job, do they have the funding?

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TVA has recently stated they will no longer control hydrilla around private and commercial areas on Guntersville Lake. http://www.tva.gov/news/releases/octdec08/aquatic_plant.htm In their plan they state: " TVA continues to look for ways to minimize the impact of rising energy costs on ratepayers. One of the ways that has been identified is to discontinue certain aquatic plant management activities that support private interests." TVA's Enviromental Stewardship guru's specialty is nuclear physics, Ms. Anda Ray http://www.tva.gov/news/bios/ray.htm . She is a pro nuclear bureaucrat who seems to care not for the rivers environment. Meanwhile the "TVA crystal palace bureaucracy" and inept management grows. (TVA Debt: http://arklite.blogspot.com/2008/07/close-look-at-tva-debt-by-experts.html and http://arklite.blogspot.com/2008/11/tva-nuclear-energy-socialist-triad.html ) TVA's Executives #1 priority is their tunnel vision style nuclear business plan and receiving pay bonuses at rate payer expense, not lake stewardship. In the TVA Act lake stewardship is on an equal footing with electric power production. Greed seems to be overcoming better judgement on the part of the TVA Board and Executives. The TVA apparently sees their stewardship role as an unnecessary financial burden. (TVA Executives and Board Members external relationships with competition, politics, banks, debt, etc. http://arklite.blogspot.com/2008/05/know-your-tva-leadership-common.html )

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Links to Aquatic Nuisance Species Documents:

http://www.outdooralabama.com/education/generalinfo/ans/plan/AlANSPlan200812.pdf

http://anstaskforce.gov/Documents/nanpca90.pdf the law.

http://www.anstaskforce.gov/spoc/hydrilla.php the plant and the problem.

http://www.ecy.wa.gov/programs/wq/plants/management/FluridoneStrategies.html fluridone

http://www.tva.gov/rrsc/readingroom/aquaplantrec.htm TVA Policy

http://www.tva.gov/rrsc/rrsc_members.htm TVA Resource Council