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LRRC Minutes 04/08/2016 April 8,2016 MINUTES OF THE COLLIER COUNTY LOCAL RULE REVIEW COMMITTEE April 8, 2016 Naples, Florida LET IT BE REMEMBERED that the Collier County Local Rule Review Committee ("LRRC"), having conducted business herein, met on this date at 1:00 PM in REGULAR SESSION at the Collier County Growth Management Department Building, in Conference Room #609-610, 2800 N. Horseshoe Drive, Naples, Florida, with the following Members present: Chairman: James Kalvin Members: Nancy J. Anderson David C. Boesche Michael Crofton Cliff Holland Joshua Maxwell Nancy J. Richie Susan L. Snyder Jeremy Sterk Excused: Marilyn Tempest, Vice Chair Non-Voting Members: Captain David Baer, City of Marco Island Police Department Katie Laakkonen, Environmental Specialist—City of Naples Gary McAlpin, Manager—Collier County Coastal Zone Management ALSO PRESENT: Scott Calleson, Environmental Specialist, Florida Fish & Wildlife ("FWC") Debbie Wight, Collier County Capital Projects Planning 1 Collier County Local Rule Review Committee Meeting of 4/8/16 Scheduled to begin at 1:00 Agenda Welcome and Introductions for benefit of Public: Call Roll to establish quorum: Review of minutes: 1) Chairman's Report— observations from last meeting - discussion 2) Questions / clarification on mission if needed 3) Resume discussion of zones beginning with S1 — Marco River North down through 10,000 Islands 4) Discuss Balance of zones to be revisited against remaining meeting schedule 5) Review any Federal, municipal, or other zones that may not appear on graphics supplied by FFWCC Staff 6) Consideration of mortality statistics provided by FFWCC Staff 7) Review of N1 and N2 8) Public Input 9) Committee comments on meeting/ agenda moving forward April 8,2016 CALL TO ORDER: Chairman James Kalvin called the meeting to order at 1:05 PM and a quorum was established. II. APPROVAL OF AGENDA: (No action was taken.) III. APPROVAL OF MINUTES—APRIL 1,2016: Changes: • Gary McAlpin suggested several changes to the format of the cover page which are reflected in the April 8th minutes. Corrections: • Page 6: Item IX—Agenda Review(2nd bullet point)—delete"s"from wells,i.e., "... as well as areas ..." Susan Snyder moved to approve the minutes of the April 1,2016 meeting as amended. David Boesche offered a Second in support of the minutes. Motion carried, 8— "Yes"/0— "No"/1— "Abstained." Michael Crofton abstained from voting. IV. CHAIRMAN'S REPORT: • The Chairman's Opening Report,dated April 1, 2016, is available at the County's website(http://www.colliergov.net/your-government/divisions-a- e/environmental-services/manatee-protection/local-rule-review-manatee- protection-committee) • The documents provided to the Committee members are also available at the County's website. V. MISSION—QUESTIONS/CLARIFICATION: • The members introduced themselves. The Committee was evenly divided between advocates of manatee protection and boaters/commercial fisherman/owners of charter companies. • The Chairman stated any plan developed by the Committee will be submitted to the Florida Fish and Wildlife Conservation Commission for review. • Discussion ensued concerning the role of the Chairman due to remarks made by a Member who felt she and her business had been singled out for criticism by the Chairman in one of his reports. She considered his remarks to be"slander." • Other members stated they were confused by the Chairman voicing of his personal opinion. They questioned the purpose of the statement and urged the Chairman to keep an open mind regardless of his position. • Consensus: Personal bias has no place in the committee. The Chairman's job is to run the meeting and his opinion/position has no greater weight than that of any other committee member. 2 April 8,2016 • The Chairman apologized and offered to strike portion(s)of his letter deemed to be offensive as that was not his intent. • The Chairman reiterated the purpose of the committee was to review all available data and not"cherry pick"to support a particular position. • It was noted there will be no new marinas in the area—it has been built out. VI. MANATEE MORTALITY STATISTICS: • It was noted the mortality database tracks the location where a manatee carcass was found,which may not necessarily be the place where the manatee died. • Mortality data does not provide a great deal of information on the potential for sub- lethal injuries,i.e.,broken or dislocated ribs, internal bleeding or infection, all of which may contribute the manatee's death at a later date. • Reference was made to Ecology& Conservation of the Sirenia: Dugongs& Manatees, by Helene Marsh,Thomas J. O'Shea,and John E. Reynolds,III (Cambridge University Press,January 2012)—specifically to pages 281,283,and 284. • It was also noted Red Tide has had a lethal effect on the manatee population. • Consensus: The Commission was tasked to examine all data;it should pull and consider available information,including surveys and anecdotal. VII. PUBLIC COMMENTS: (1) Marcia Cravens—Interested citizen: Stated her concern regarding the format of the meeting which did not follow accepted standards. She stated the meeting minutes were not posted on the website and the public did not have access to the documents. (2) Ron Hagerman—Marco Island resident/business owner: The needs of tourism-based businesses must be balanced against the protection of the manatees. There are more manatees now and less deaths;there are more vessels—commercial and private—using the waterways. The rules that are in place are working and there is no need to change them. (3) Peter Flood—Boater: Supports the concept of balance. Manatees have been removed from the endangered list. Ride Tide is as big a problem for the manatees as boaters. He cautioned relying solely on information provided by the Fish and Wildlife Conservation Commission which has admitted its data is inaccurate. He urged the Committee to fmd funding to obtain accurate data. VIII. DISCUSSION: ZONES(S-1 TO 10,000 ISLANDS) S-1: Marco River North • Option#1: Take no action and leave the existing zones in place • Option#2: Include all or part of the main channel in the Slow Speed zone Gary McAlpin noted the existing speed limit is working and morality i9n the area has been low. Cliff Holland moved to approve adopting Option #1. Joshua Maxwell offered a Second in support of the motion. Carried unanimously. 3 April 8,2016 S-2: Marco Interior • Option#1: Take no action and leave the existing Idle Speed zone in place • Option#2: Include all or part of the main channel in the Slow Speed zone Scott Calleson,Environmental Specialist,Florida Fish&Wildlife Conservation Commission, supported the Idle Speed. Motion was made to approve adopting Option #2. David Boesche offered a Second in support of the motion. Carried unanimously. BREAK: 2:30 PM RECONVENED: 2:40 PM S-3: Barfield Bay • Option#1: Take no action and leave the existing zone in place • Option#2: Remove the 30/20 zone but all a Slow Speed zone in the south end of Barfield Bay,with the eastern boundary running from the south end of David Key to the south end of Pig Key,and then along the western shoreline of the unnamed island southeast of Pig Key,and then south to Horrs Island. PUBLIC COMMENT: (1) Ron Hagerman—a tour operator in the area. Stated it was much too shallow for manatee to frequent except for the southwest corner of the S-3 area. He recommended a small area of protection because he has observed manatee there on a daily basis. Charter fishermen depend on the area and to change to Slow Speed would be detrimental. Cliff Holland moved to approve adopting Option #1. David Boesche offered a Second in support of the motion. Carried unanimously. S-4: Caxambas Bay • Option#1: Take no action and leave the existing zone in place • Option#2: Change the 30/SS to Slow Speed zone except for the western end where the channel exits Area S-2 and joins the existing 30/SS zone to the west. This would have a very limited effect on the water since most of the area is Slow Speed given the lack of marked channels. PUBLIC COMMENT: (1) Ron Hagerman—opposed changing from 30/SS to Slow Speed as detrimental to the commercial boaters. There is a marked channel—not shown on the map—that is currently 30/SS. David Boesche moved to approve adopting Option #1. Josh Maxwell offered a Second in support of the motion. Carried unanimously. 4 April 8,2016 S-5: Goodland • Option#1: Take no action and leave the existing zones in place • Option#2: Change existing Idle Speed zone to Slow Speed to match the rest of the bay. Total length of the marked channel in the Idle Speed zone is just under one mile. Captain Baer noted there were two different zones (Goodland Village and Goodland Bay)which were regulated differently. The City of Marco Island did not consider both to be within City limits. Josh Maxwell stated the main S-5 area was the Idle Speed around Goodland. There were canals that did not show as"water"and the Committee wants feedback. Gary McAlpin clarified S-5 surrounds Goodland Island which is not part of the City of Marco Island. He asked if people normally run Slow Speed to maintain steerage in the current and there have been very few mortalities in the area,why is the Committee not willing to change it so that if there is a problem,the law can be enforced? If this is what people routinely do,the regulation should be consistent. Nancy Anderson disagreed stating manatees travel that area during the summer and asked if there were statistics available to review. Mr.McAlpin noted it is a significant harbor for Collier County's commercial fleet along with Everglades City. Consensus: The subject will be tabled and discussed at a later meeting. Additional Issue: The canals on either side of San Marco Road(CR 92)are included in the existing Slow Speed zone but they are not shown on the maps that were created when the Rules was adopted. Consensus: The subject will be tabled and discussed at a later meeting. T-1: Port of the Islands • Option#1: Take no action and leave the existing zones in place • Option#2: Add a"No Entry"or"Motorboats Prohibited"zone in the new waterway feature west of the canal to reduce potential harassment or disturbance of the manatees. • Option#3: In addition to Option 2,change the existing Idle Speed zone to Slow Speed to match the rest of the canal. The high level of manatee use in this area is more likely to warrant continued designation as an Idle Speed zone. The Port of the Islands is an Idle Speed zone; the rest of the Faka Union Canal is a Slow Speed zone. Gary McAlpin suggested tabling this item to be discussed at a later meeting. He stated he would like to obtain additional information concerning the mitigation sites. (Jeremy Sterk arrived at 3:15 PM.) 5 April 8,2016 T-2: Barron River • Option#1: Take no action and leave the existing zones in place • Option#2: Change the existing Idle Speed zone to Slow Speed to match the adjacent zone in Chokoloskee Bay. The change to the FWC zone should have no impact on the water. It was noted an overlay was in development for the area and would be presented at the next meeting. It was suggested to change to a Slow Speed zone due to the fast current in the River— larger boats must travel faster than Idle Speed to maintain steerage. PUBLIC COMMENT: (1) Ron Hagerman—Explained the difference between a plaining hull on a vessel versus a displacement hull. With a fast-moving plaining hull,there is a lot less boat in the water to cause a blunt-force trauma. With a displacement hull,there is more surface in the water and it reaches deeper into the water into the manatee's habitat. He stated a Captain is required to maintain steerage of his vessel. Bare steerage way is the minimum speed at which a rudder will still be effective. (2) Marcia Cravens—The Collier County Environmental Staff developed the 1995 Manatee Protection Plan recommended the Idle Speed zones for the County. She hoped the waterway users would be as consistent as possible when recommending updates to the FWC guidelines for existing zones. Susan Snyder moved to approve adopting Option #1. Nancy Anderson offered a Second in support of the motion. Motion carried, 7— "Yes"/2— "No." VII. PUBLIC COMMENTS—CLAM PASS/CLAM BAY: (1) Mary McLean Johnson,Board Member—Pelican Bay Foundation: Clam Bay was set aside as a conservation area—it is a 530-acre preserve consisting of three bays and interconnecting waterways. Clam Bay's status as a protected conservation area supports its designation as a protected zone for manatees. There has been long- standing recognition of the presence of manatees in Clam Bay. There is concern regarding inadequate signage. Boating is not prohibited in Outer Clam Bay but the shallow water limits navigability. Boating is primarily limited to boaters in shallow-draft boats. She requested that Clam Bay is designated as a manatee protection zone. (2) Michael Seef, lives in North Naples adjacent to Pelican Bay: Provided copies of Clam Bay NRPA Management Plan which was completed in October 2014. Supports designating Clam Bay as a manatee protection zone. (3) Ted Raia, Pelican Bay resident: He has had two encounters with manatees. One was caught at the mouth of the Pass which can be rather shallow as the mouth widens. The second encounter was when one swam next to him as he stood in three feet of water. He agreed Clam Bay would be an ideal manatee protection zone offering a place to rest,food,and a sheltered nursery for young manatees. 6 April 8,2016 He commented on the Chairman: His was concerned that the Chairman was using his position to promote his personal opinion. He hoped the Committee would not tolerate this. The Chair's obligation is to conduct a meeting to see that all information is fairly disseminated and the deliver the facts to the approving authorities. (4) Linda Roth—Clam Bay resident: Clam Bay is in the migration path of the manatee and a national seagrass habitat. Supports an Idle Speed zone for the area and the sea grass will return. (5) Annice Gregerson—distributed two documents to the Committee. Lives in the Heron,requested that Clam Bay is added to the list of protected manatee zones. Seagrass does (6) Marcia Cravens—Seagrass has always been present in the Clam Bay system and has been assessed yearly since 1994. It has varied as to abundance and has been affected by dredging. The area is ripe for further restoration and if more protections were provided,the habitat for the manatees would be greatly improved. Requested that the topic be brought back as a specific agenda item. FAC allows that a Rule can be established to protect the manatee habitat, such as sea grass. Recommended that the LRRC include the Clam Bay Natural Resources Protections area system in their recommendations to renumber them so that the Clam Bay System would become N-4 and Moorings Bay would become N-5. Would request that the topic of Clam Bay be brought back as a specific agenda item at the next meeting. IX. REVIEW: N1 AND N2 N-l: Little Hickory Bay Central—has been identified as the location of one of three boat-related deaths . • Option#1: Take no action and leave the existing zone in place • Option#2: Change all or part of the narrow section(roughly between markers 5 and 18)to a shore-to-shore Slow Speed zone. A motion was made to approve adopting Option#1 but did not receive a Second in support. Jeremy Sterk moved to approve adopting Option #2. Susan Snyder offered a Second in support if the motion was amended to remove the "or part"language. Jeremy Sterk approved the amendment Motion carried, 8— "Yes"/1— "No." N-2: Cocohatchee River—most of the river is very narrow with many curves,and there does not appear to be a marked channel. The existing zone very likely has little effect on board traffic. • Option#1: Take no action and leave the existing zone in place • Option#2: Remove the 30/20 zone east of US 41 and change the 30/20 zone west of US 41 to a shore-to-shore Slow Speed zone. • Option#3: Remove the entire 30/20 zone and leave the area without an FWC zone. Chairman Kalvin and Gary McAlpin supported adopting Option#1. 7 April 8,2016 Susan Snyder supported a revised Option#2 that began with"Change the 30/20 zone ..." A motion was made to approve adopting Option #1. Motion carried, 7— "Yes"/0—"No"/2— "Abstained" X. COMMITTEE COMMENTS: • Add Clam Bay to Agenda for next meeting • Return for Discussion o C4—Dollar Bay o C5 and C6—Halloway Island North and South o C7—Little Marco Island o C9—Johnson Bay North o C10—Johnson Bay Central • Suggested obtaining a toll-free line for conference calls • Requested definition of"slow" speed—6 miles per hour • Scott Calleson—will not attend next meeting—Staff will be present NEXT MEETING: Friday,April 22,2016 from 9:00 AM to 12:00 NOON Conference Room#609/610—Growth Management Department Building 2800 N. Horseshoe Drive,Naples, Florida There being no further business for the good of the County,the meeting was adjourned by the order of the Chair at 5:00 P.M. LOCAL RULE REVIEW COMMITTEE - /21111---- ---- ----.' .11 ES KALVIN,CHAIRMAN The Minutes were approved by the Committee Chair/Vice Chair on 4pri.11 22,2016, "as submitted" 1C1 OR "as amended" [ ]. 8 April 8,2016 MINUTES OF THE COLLIER COUNTY LOCAL RULE REVIEW COMMITTEE dee/(m / April 8, 20 s /� ap es, Florida LET IT BE REMEMBERED that the Collier County Local Rule:Review Committee ("LRRC"), having conducted business herein, met on this date at 1:00 PM in REGULAR SESSION at the Collier County Growth Management Department Building, in Conference Room #609-610, 2800 N. Horseshoe Drive, Naples, Florida, with the following Members present: Chairman: James Kalvin Members: Nancy J. Anderson David C. Boesche Michael Crofton Cliff Holland Joshua Maxwell Nancy J. Richie Susan L. Snyder Jeremy Sterk Excused: Marilyn Tempest, Vice Chair Non-Voting Members: Captain David Baer, City of Marco Island Police Department Katie Laakkonen, Environmental Specialist—City of Naples Gary McAlpin, Manager—Collier County Coastal Zone Management ALSO PRESENT: Scott Calleson, Environmental Specialist, Florida Fish & Wildlife ("FWC") Debbie Wight, Collier County Capital Projects Planning 1-(R) April 8,2016 CALL TO ORDER: Chairman James Kalvin called the meeting to order at 1:05 PM and a quorum was established. II. APPROVAL OF AGENDA: (No action was taken.) III. APPROVAL OF MINUTES—APRIL 1,2016: Changes: • Gary McAlpin suggested several changes to the format of the cover page which are reflected in the April 8th minutes. Corrections: • Page 6: Item IX—Agenda Review(2nd bullet point)—delete"s" from wells, i.e., "... as well as areas ..." Susan Snyder moved to approve the minutes of the April 1, 2016 meeting as amended. David Boesche offered a Second in support of the minutes. Motion carried, 7— "Yes"/0— "No"/1— "Abstained." Michael Crofton abstained from voting. IV. CHAIRMAN'S REPORT: • The Chairman's Opening Report,dated April 1, 2016, is available at the County's website(http://www.colliergov.net/your-government/divisions-a- e/environmental-services/manatee-protection/local-rule-review-manatee- protection-committee) • The documents provided to the Committee members are also available at the County's website. V. MISSION—QUESTIONS/CLARIFICATION: • The members introduced themselves. At the beginning of the meeting,the Committee was evenly divided between advocates of the environment/manatee protection and boaters/commercial fisherman/owners of charter companies. An additional"water user"arrived(as noted later in these minutes). • The Chairman stated any plan developed by the Committee will be submitted to the Florida Fish and Wildlife Conservation Commission for review. • Discussion ensued concerning the role of the Chairman due to remarks made by a Member who felt she and her business had been singled out for criticism by the Chairman in one of his reports. She considered his remarks to be "slander." • Other members stated they were confused by the Chairman voicing of his personal opinion. They questioned the purpose of the statement and urged the Chairman to keep an open mind regardless of his position. • Consensus: Personal bias has no place in the committee. The Chairman's job is to run the meeting and his opinion/position has no greater weight than that of any other committee member. 2-(R) April 8,2016 • The Chairman apologized and offered to strike portion(s)of his letter deemed to be offensive as that was not his intent. VI. MANATEE MORTALITY STATISTICS: • It was noted the mortality database tracks the location where a manatee carcass was found,which may not necessarily be the place where the manatee died. • Mortality data does not provide a great deal of information on the potential for sub- lethal injuries, i.e., broken or dislocated ribs,internal bleeding or infection, all of which may contribute the manatee's death at a later date. • Reference was made to Ecology& Conservation of the Sirenia: Dugongs& Manatees,by Helene Marsh, Thomas J. O'Shea, and John E. Reynolds, III (Cambridge University Press,January 2012)—specifically to pages 281, 283, and 284. • Graphed FWC synoptic data shows the manatee population in Collier County has not increased over time in the last 25 years. FWC has stated data from the synoptic studies is inexact because of changing weather conditions,water clarity, manatee behavior and other factors. (Reference: "U.S. Fish&Wildlife Service North Florida Ecological Services Office....Population Status" http://www.fws.govinorthflorida/Manatee/manatee-gen-facts.htm However, with this as the only data available,there is absolutely no indication that the manatee population is increasing in Collier County. (Reference, "2007 West Indian Manatee 5 Year Review by U.S. Fish and Wildlife Service, Southeast Region." http://www.fws.gov/northflorida/Manatee/2007%205-yr%20Review/2007- Manatee-5-Year-Review-Final-color-signed.pdf,page 65, documents the manatee populations in Southwest Florida are declining at-1.1%. • It was noted, in the last 15 years, "mortality data" (really carcass count)does not account for the decrease in synoptic manatee population numbers from year to year. Example: From 2014 to 2015,there were 57 fewer manatees recorded in the synoptic study, but only 12 carcasses were located in 2015. Scientific analysis of the data shows yearly carcass counts are not a valid method to use in determining mortality(i.e.,how many have actually died). It was also noted that in SW FL, 44.2%of the mortality of adult manatees is caused by watercraft collisions. (Reference: "2007 West Indian Manatee 5 Year Review by U.S. Fish and Wildlife Service, Southeast Region." http://www.fws.gov/northflorida/Manatee/2007%205-yr%20Review/2007- Manatee-5-Year-Review-Final-color-signed.pdf p. 66.) • Consensus: The Commission was tasked to examine all data; it should pull and consider available information, including surveys and anecdotal. • It was also noted Red Tide has had a lethal effect on the manatee population. VII. PUBLIC COMMENTS: (1) Marcia Cravens—Interested citizen: Stated her concern regarding the format of the meeting which did not follow accepted standards. She stated the meeting minutes were not posted on the website and the public did not have access to the documents. 3-(R) April 8,2016 (2) Ron Hagerman—Marco Island resident/business owner: The needs of tourism-based businesses must be balanced against the protection of the manatees. There are more manatees now and less deaths;there are more vessels—commercial and private—using the waterways. The rules that are in place are working and there is no need to change them. (3) Peter Flood—Boater: Supports the concept of balance. Red Tide is as big a problem for the manatees as boaters. He cautioned relying solely on information provided by the Fish and Wildlife Conservation Commission which has admitted its data is inaccurate. He urged the Committee to find funding to obtain accurate data. VIII. DISCUSSION: ZONES(S-1 TO 10,000 ISLANDS) S-1: Marco River North • Option#1: Take no action and leave the existing zones in place • Option#2: Include all or part of the main channel in the Slow Speed zone Gary McAlpin noted the existing speed limit is working and morality i9n the area has been low. Cliff Holland moved to approve adopting Option #1. Joshua Maxwell offered a Second in support of the motion. Carried unanimously, 8—0. S-2: Marco Interior • Option#1: Take no action and leave the existing Idle Speed zone in place • Option#2: Include all or part of the main channel in the Slow Speed zone • Option#3: Include all or part of the main channel in the Slow Speed zone, Idle Speed in other areas. Scott Calleson,Environmental Specialist, Florida Fish& Wildlife Conservation Commission, supported the Idle Speed. Motion was made to approve adopting Option #3. David Boesche offered a Second in support of the motion. Carried unanimously, 8- 0. BREAK: 2:30 PM RECONVENED: 2:40 PM S-3: Barfield Bay • Option#1: Take no action and leave the existing zone in place • Option#2: Remove the 30/20 zone but add a Slow Speed zone in the south end of Barfield Bay,with the eastern boundary running from the south end of David 4-(R) April 8,2016 Key to the south end of Pig Key, and then along the western shoreline of the unnamed island southeast of Pig Key, and then south to Horrs Island. PUBLIC COMMENT: (1) Ron Hagerman—a tour operator in the area. Stated it was much too shallow for manatee to frequent except for the southwest corner of the S-3 area. He recommended a small area of protection because he has observed manatee there on a daily basis. Charter fishermen depend on the area and to change to Slow Speed would be detrimental. Cliff Holland moved to approve adopting Option #1. David Boesche offered a Second in support of the motion. Carried unanimously, 8-0. S-4: Caxambas Bay • Option#1: Take no action and leave the existing zone in place • Option#2: Change the 30/SS to Slow Speed zone except for the western end where the channel exits Area S-2 and joins the existing 30/SS zone to the west. This would have a very limited effect on the water since most of the area is Slow Speed given the lack of marked channels. PUBLIC COMMENT: (1) Ron Hagerman—opposed changing from 30/SS to Slow Speed as detrimental to the commercial boaters. There is a marked channel—not shown on the map—that is currently 30/SS. David Boesche moved to approve adopting Option #1. Josh Maxwell offered a Second in support of the motion. Carried unanimously. S-5: Goodland • Option#1: Take no action and leave the existing zones in place • Option#2: Change existing Idle Speed zone to Slow Speed to match the rest of the bay. Total length of the marked channel in the Idle Speed zone is just under one mile. Captain Baer noted there were two different zones (Goodland Village and Goodland Bay) which were regulated differently. The City of Marco Island did not consider both to be within City limits. Josh Maxwell stated the main S-5 area was the Idle Speed around Goodland. There were canals that did not show as "water"and the Committee wants feedback. Gary McAlpin clarified S-5 surrounds Goodland Island which is not part of the City of Marco Island. He asked if people normally run Slow Speed to maintain steerage in the current and there have been very few mortalities in the area,why is the Committee not willing to change it so that if there is a problem,the law can be enforced? If this is what people routinely do, the regulation should be consistent. Nancy Anderson disagreed stating manatees travel that area during the summer and asked if there were statistics available to review. 5-(R) April 8,2016 Mr. McAlpin noted it is a significant harbor for Collier County's conunercial fleet along with Everglades City. Consensus: The subject will be tabled and discussed at a later meeting. Additional Issue: The canals on either side of San Marco Road(CR 92)are included in the existing Slow Speed zone but they are not shown on the maps that were created when the Rules was adopted. Consensus: The subject will be tabled and discussed at a later meeting. T-1: Port of the Islands • Option#1: Take no action and leave the existing zones in place • Option#2: Add a"No Entry"or"Motorboats Prohibited"zone in the new waterway feature west of the canal to reduce potential harassment or disturbance of the manatees. • Option#3: In addition to Option 2,change the existing Idle Speed zone to Slow Speed to match the rest of the canal. The high level of manatee use in this area is more likely to warrant continued designation as an Idle Speed zone. The Port of the Islands is an Idle Speed zone;the rest of the Faka Union Canal is a Slow Speed zone. Gary McAlpin suggested tabling this item to be discussed at a later meeting. He stated he would like to obtain additional information concerning the mitigation sites. (Jeremy Sterk arrived at 3:15 PM.) T-2: Barron River • Option#1: Take no action and leave the existing zones in place • Option#2: Change the existing Idle Speed zone to Slow Speed to match the adjacent zone in Chokoloskee Bay. The change to the FWC zone should have no impact on the water. It was noted an overlay was in development for the area and would be presented at the next meeting. It was suggested to change to a Slow Speed zone due to the fast current in the River— larger boats must travel faster than Idle Speed to maintain steerage. PUBLIC COMMENT: /949/ fug (1) Ron Hagerman—Explained the difference between a p,1aining hull on a vessel versus a displacement hull. With a fast-moving plaining hull,there is a lot less boat in the water to cause a blunt-force trauma. With a displacement hull,there is more surface in the water and it reaches deeper into the water into the manatee's habitat. He stated 6—(R) April 8,2016 a Captain is required to maintain steerage of his vessel. Bare steerage way is the minimum speed at which a rudder will still be effective. (2) Marcia Cravens—The Collier County Environmental Staff developed the 1995 Manatee Protection Plan recommended the Idle Speed zones for the County. She hoped the waterway users would be as consistent as possible when recommending updates to the FWC guidelines for existing zones. Susan Snyder moved to approve adopting Option #1. Nancy Anderson offered a Second in support of the motion. Motion carried, 7— "Yes"/2— "No." VII. PUBLIC COMMENTS—CLAM PASS/CLAM BAY: (1) Mary McLean Johnson, Board Member—Pelican Bay Foundation: Clam Bay was set aside as a conservation area—it is a 530-acre preserve consisting of three bays and interconnecting waterways. Clam Bay's status as a protected conservation area supports its designation as a protected zone for manatees. There has been long- standing recognition of the presence of manatees in Clam Bay. There is concern regarding inadequate signage. Boating is not prohibited in Outer Clam Bay but the shallow water limits navigability. Boating is primarily limited to boaters in shallow-draft boats. She requested that Clam Bay is designated as a manatee protection zone. (2) Michael Seef, lives in North Naples adjacent to Pelican Bay: Provided copies of Clam Bay NRPA Management Plan which was completed in October 2014. Supports designating Clam Bay as a manatee protection zone. (3) Ted Raia, Pelican Bay resident: He has had two encounters with manatees. One was caught at the mouth of the Pass which can be rather shallow as the mouth widens. The second encounter was when one swam next to him as he stood in three feet of water. He agreed Clam Bay would be an ideal manatee protection zone offering a place to rest, food, and a sheltered nursery for young manatees. He commented on the Chairman: His was concerned that the Chairman was using his position to promote his personal opinion. He hoped the Committee would not tolerate this. The Chair's obligation is to conduct a meeting to see that all information is fairly disseminated and the deliver the facts to the approving authorities. (4) Linda Roth—Clam Bay resident: Clam Bay is in the migration path of the manatee and ailatierral seagrass habitat. Supports an Idle Speed zone for the area and the sea grass will return. � �/ (5) Annice Gregerson—distributed two documents to the Committee. Lives in the Heron,requested that Clam Bay is added to the list of protected manatee zones. (6) Marcia Cravens—Seagrass has always been present in the Clam Bay system and has been assessed yearly since 1994. It has varied as to abundance and has been affected by dredging. The area is ripe for further restoration and if more protections were provided,the habitat for the manatees would be greatly improved. Requested that the topic be brought back as a specific agenda item. FAC allows that a Rule can be established to protect the manatee habitat, such as sea grass. Recommended that the LRRC include the Clam Bay Natural Resources Protections area system in their recommendations to renumber them so that the Clam Bay System would 7-(R) April 8,2016 become N-4 and Moorings Bay would become N-5. Would request that the topic of Clam Bay be brought back as a specific agenda item at the next meeting. IX. REVIEW: N1 AND N2 N-1: Little Hickory Bay Central—has been identified as the location of one of three boat-related deaths . • Option#1: Take no action and leave the existing zone in place • Option#2: Change all or part of the narrow section(roughly between markers 5 and 18)to a shore-to-shore Slow Speed zone. A motion was made to approve adopting Option#1 but did not receive a Second in support. Jeremy Sterk moved to approve adopting Option #2. Susan Snyder offered a Second in support if the motion was amended to remove the "or part"language. Jeremy Sterk approved the amendment Motion carried, 8— "Yes"/1— "No." N-2: Cocohatchee River—most of the river is very narrow with many curves,and there does not appear to be a marked channel. The existing zone very likely has little effect on boat traffic. • Option#1: Take no action and leave the existing zone in place • Option#2: Remove the 30/20 zone east of US 41 and change the 30/20 zone west of US 41 to a shore-to-shore Slow Speed zone. • Option#3: Remove the entire 30/20 zone and leave the area without an FWC zone. Chairman Kalvin and Gary McAlpin supported adopting Option#1. Susan Snyder supported a revised Option#2 that began with"Change the 30/20 zone ..." A motion was made to approve adopting Option #1. Motion carried, 7— "Yes"/0—"No"/2— "Abstained" X. COMMITTEE COMMENTS: • Add Clam Bay to Agenda for next meeting • Return for Discussion o C4—Dollar Bay o C5 and C6—Halloway Island North and South o C7—Little Marco Island o C9—Johnson Bay North o CIO—Johnson Bay Central • Suggested obtaining a toll-free line for conference calls • Requested definition of"Slow" Speed—6 miles per hour • Scott Calleson-will not attend next meeting—Staff will be present 8-(R) April 8,2016 There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 5:00 P.M. LOCAL RULE REVIEW COMMITTEE 411111r, a/-•-°°- ----'s J II I S KALVIN,CHAIRMAN The Minutes were approved by the Committee ChairNice Chair on ✓tel/, , 2016, "as amended" 1 1. 9-(R)