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LRRC Minutes 03/25/2016 March 25, 2016 MINUTES OF THE MEETING OF THE COLLIER COUNTY LOCAL RULE REVIEW COMMITTEE Naples, Florida, March 25, 2016 LET IT.BE REMEMBERED, the Collier County Local Rule Review Committee in and for the County of Collier, having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION at the Collier County Growth Management Department Building, Conference Room #609/610, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: DAVID C. BOESCHE NANCY J. ANDERSON NANCY J. RICHIE SUSAN L. SNYDER MARILYN TEMPEST JEREMY STERK. JAMES KALVIN MICHAEL CROFTON CLIFFORD EUGENE HOLLAND JOSHUA MAXWELL ALSO PRESENT: Gary McAlpin, Manager, Coastal Zone Management Debbie Wight, Capital Projects Planning Stephen Lenberger, Environ.mental Specialist Chris D'Arco, Environmental Specialist March 25, 2016 1. Call to Order Gary McAlpin called the meeting to order at 9:02 am Scott Calleson, Environmental Specialist, Florida Fish& Wildlife Conservation Commission (FWC); Ron Mesnick, FWC; Doug Finlay, City Council-City of Naples; Jeanne Findlater, Mangrove Action Group;Kim Dryden, US Fish and Wildlife Service, Katie Laakkonen, City of Naples Environmental Specialist and David Baer, City of Marco Island Police Department were also present. IL Introduction Mr.McAlpin reported: • The Collier County Coastal Management Zone Department is working with the Florida Fish and Wildlife Conservation Commission (FWC) regarding a "Review of State Manatee Protection Zones in Collier County." • The Board of County Commissioners(BCC) has adopted Resolution No. 2016-31, as amended by Resolution No. 2016-40,which created the Local Rule Review Committee(LRRC)for the purpose of reviewing manatee speed zones and providing feedback to the Florida Fish and Wildlife Conservation Commission. • The FWC is required to initiate the Local Rule Review Committee(LRRC)before proposing the rules(or changes) regulating speed and operation of motorboats for manatee protection, • The Committee consists of ten voting members with each member serving until the expiration of the Committee on February 9,2017. (Four non-voting members are proposed, but not yet approved by the BCC.). • The Florida Sunshine Law and Public Records 1.,aw states members cannot discuss Committee business outside of the meeting. The FWC is requesting the LRRC identify issues and areas for consideration and provide recommendations for proposed changes to the rules(if any). III. Florida Fish and Wildlife Conservation Committee Presentation Scott Calleson,Environmental Specialist,FWC,distributed a manual and disc prepared by the Florida Fish and Wildlife Conservation Commission titled "Materials for Collier County LRRC,"dated March 25,2016 to the Committee. A.He reviewed the statutory guidelines for the LRRC:noting: • The Committee has sixty days from the date of receipt of the proposed rule(March 25, 2016)to submit a written report to FWC Commission Members and Staff. The report may contain recommended changes to proposed manatee protection zones or speed zones, including a recommendation that no rule be adopted if that is the Committee's consensus. There are three options for Committee consideration: 1. Take no action and leave the existing rule in place. 2. Change the existing zones in their entirety. 3. Provide a viable alternative to options 1 and 2. • The Committee membership must be balanced with 50%manatee advocates and 50%waterway users. • The Committee must elect a Chairman, Vice Chairman and recording Secretary from the voting members. 2 March 25, 2016 • Meetings are open to the public and must be publicly noticed. B. He outlined the process and time frame for the written recommendation for the manatee protection rule development as follows: • The LRRC has sixty days to review the proposed FWC rule and submit.a written report to FWC. The report must contain a majority opinion and may endorse the proposed rule or recommend changes. if the recommendation is not unanimous, the LR.RC report must also provide a minority opinion(s). • FWC staff reviews the LRRC report and provides a written response to the County and the FWC Commissioners. If the FWC staff disagrees with the LRRC committees' determinations,they will advise the parties including an explanation for the opposition. • • FWC staff will subsequently prepare a"draft of proposed rules,"as necessary and submit it to the FWC Commissioners for consideration,along with the LRRC report and a staff response to the LRRC report. Mr. Calleson anticipates the draft rules will be submitted to the Commissioners by September 2016. • The Commissioners will schedule a public meeting for the proposed rules and FWC staff will review the public comments and prepare a final draft of the proposed rules. Mr. Calleson estimates final presentation to the Commissioners early 2017. • If the proposed rules are approved, a NOC(Notice of Change)will be issued and considered "adopted"when they are filed with the Dept. of State. • Eight to ten counties have gone through this process since 2002. C. Mr.Calleson presented the PowerPoint"Manatee Data Review and Summary for Collier County" which included surveys and manatee and boating density maps. The analysis utilized the best available data and divides Collier County into 'fbur regions as follows: I. North Region—areas in the northern passes from the Lee County line south to the Doctors Pass area. 2. Central Region—the Naples area south to the Johnson Bay area (including Rookery Bay and Henderson Creek). 3. South Region—the Marco area south to Cape Romano and the Goodland Bay area. 4. Ten Thousand Islands. Each region further divided into four or five smaller areas and the available data for the 10,000 islands is limited. The purpose of the study is to determine if manatee use has changed since the rules were first enacted. IV. Election of Officers The candidates shared information about their backgrounds. Chairman Ms. Richie moved to nominate James Kalvin as Chairman of/he Local Rule Review Committee. Second by Mr. Maxwell. Mr. Crofton moved to nominate Marilyn Tempest as Chairman of the Local Rule Review Committee. Second by Mr. Holland. 3 March 25, 2016 The Committee voted on the candidates presented for nomination. Voting results were as follows: Mr.Kalvin- 7 yes;3 opposed. Ms. Tempest-3 yes; 7 opposed. Mr.Kalvin was declared Chairman of the Committee. Vice Chairman Mr.Kalvin motioned to nominate Marilyn Tempest for the position of Vice Chairman of the Local Rule Review Committee. Second by Mr. Holland. Carried unanimously 10—0. Secretary Mr. Kalvin moved to nominate Joshua Maxwell as the Secretary of the Local Rule Review Committee. Second by Ms. Richie. Carried unanimously 10—0. Mr. Kalvin assumed the Chair V. Future Meetings Dates April 1,2016 and April 8,2016 Chairman Kalvin will prepare an Agenda for the April 1,2016 meeting. Agenda items will include: • Determination of meeting dates beyond April 8,2016. • Methodology for the approach to proceed on the task assigned to the Committee, i.e. one region at a time, etc.? • Review of available options as presented by the FWC. VI. Conclusion The FWC staff requested the Committee consider three categories when drafting their report: • Seasonality—potential benefit to creating some seasonal speed zones versus the current annual standard. The Committee should determine the most appropriate level of protection and provide a recommendation. • 30/20 zones—should this zone specific to Collier County continue to be utilized? If not,what are the alternatives? The FWC is interested in feedback on this category of zones and recommendations on speed limits. Mr. McAlpin will provide the Committee with the navigational speed zone and manatee composite data for areas regulated by the County. • Permits for commercial fishing and professional fishing guide activities—the current rule allows for permit exemptions to be issued for this category. The FWC requests feedback on permit provisions and if the rule should be changed(i.e.to conform to the MMP(Manatee Management Plan) recommendations of permits for fishers while setting nets only)? Mr. Calleson will provide a sample permit for Committee review. 4 March 25, 2016 VII. Member Comments The Committee addressed the following areas for clarification: Manatee Photos Ms. Tempest and Ms. Snyder reported they have submitted photos of manatees to FWC and requested copies be made available to the Committee. Mr. Calleson will research the IFC files and provide duplicates of the photos if available. Manatee Tracking Devices Mr. Calleson confirmed some captured manatees have been tagged with tracking devices. GPS technology has been attached to one manatee and the practice will be expanded in the future. Manatee Protection Zones Protection zones do not include the Gulf of Mexico. Canal Docks The Committee inquired if new rules and regulations would have an impact on permitting of docks on canals in manatee protection zones. Mr.McAlpin will provide an update on dock construction permitting at the April 1, 2016 meeting. Committee Member Questions The Committee inquired if they are permitted to contact Staff with questions. Mr. McAlpin stated Committee communications should be directed to Staff only and not include any other members of the committee to avoid a violation of the Florida Sunshine Law. There being no further business for the good of the County,the meeting was adjourned by the order of the Chair at 12:15 P.M. LOCAL RULE REVIEW COMMITTEE James Kalvin,Chairman These Minutes were approved by the Board/Chairman on S 2I/ , as presented _,or as amended 5