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LRRC Minutes 04/01/2016 April 1, 2016 MINUTES OF THE MEETING OF THE COLLIER COUNTY LOCAL RULE REVIEW COMMITTEE Naples, Florida, April 1, 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 I:00P.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: CHAIRMAN: JAMES KALVIN VICE CHAIRMAN: MARILYN TEMPEST DAVID C. BOESCHE NANCY J. ANDERSON NANCY J. RICHIE SUSAN L. SNYDER JEREMY STERK MICHAEL CROFTON (Excused) CLIFF HOLLAND JOSHUA MAXWELL ALSO PRESENT: Gary McAlpin, Manager, Coastal Zone Management Debbie Wight, Capital Projects Planning Stephen Lenberger, Environmental Specialist April 1,2016 I. Call to Order Chairman Kalvin called the meeting to order at 1:00 pm. and a quorum was established. Scott Calleson, Environmental Specialist, Florida Fish& Wildlife Conservation Commission (FWC); Linda Penniman, Naples City Council-City of Naples;Mike Bauer, Natural Resources Manager-City of Naples;Katie Laakkonen, City of Naples Environmental Specialist; David Baer, City of Marco Island Police Department; Frank Perrucci, Marine Industries Association of Collier County; Steve Lorusso, Lake Okeechobee Water Filter Project were also present. Mr.McAlpin reported four non-voting members will be seated upon approval by the Board of County Commissioners at their next meeting. II. Approval of the Agenda Mr. Holland moved to approve the Agenda. Second by Ms. Richie. Carried unanimously 9-0. III. Approval of the March 25,2016. Meeting Minutes Mr. Sterk moved to approve the minutes of the March 25, 2016 meeting subject to the following change: Page 4, Item IV. Election of Officers—Line 2 form "...Mr. Kalvin—7 yes; 3 opposed)..,"to ...Mr. Kalvin—7 yes;2 opposed; Mr.Kalvin abstained)." Second by Mr. Holland. Carried unanimously 9-0. IV. Chairman's.Report Chairman Kalvin distributed and read the"Chairman's Opening Report"document to the Committee highlighting the purpose of the Committee is to protect manatees and solicited questions for clarification of the mission. V. Distribution of Critical Documents Mr.McAlpin reported the following documents were distributed to the Committee including: • "Sample Manatee Protection Zone Permit" • "Existing Navigation Markers Collier County" • "Manatee Synoptic Survey Results for collier County(1991-2015)" • "Primary web sites for manatee rulemaking and protection." • "Notice of Public Meeting for April 1, 2016" • "FWC Collier County Manatee Zones" Susan Snyder provided a written dissertation to the Committee titled "Susan Snyder's Thoughts for April 1, 2016 meeting." The Committee requested Staff to ensure meeting materials are disseminated to all Members. 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. 2 April 1, 2016 VI. Confirmation of Remaining Calendar for Meetings Chairman Kalvin reviewed the proposed meeting dates of April 8`h,April 22"`x, April 29th,May 13`h, and May I911 with the Committee for participation consensus. The Committee members requested the opportunity to participate in a meeting via conference call. Mr. McAlpin noted a sufficient number of Members must be physically present to obtain a quorum and a vote taken to allow participation of a Member via telephone. VII. Review of Protection Measures,Mortality Statistics and Potential Zone Changes Chairman Kalvin proposed a"Review of the State Manatee Protection Zones in Collier County"and identification of areas for proposed changes to the rules(if any)to provide recommendations to the Florida Fish &Wildlife Conservation Commission(FWC)for consensus or change in rule regulation. The review will begin with zones from the north County line and move south. The FWC report noted the"Preliminary Identification of Areas for LRRC Review"evaluated potential changes to the existing zones with emphasis on analyses involving comparison of manatee sighting data from when the zones were initially created (1986 -1993)versus more recent use(2006-2008);and analyses looked at the spatial overlap between recent manatee use and boat traffic (referred to as spatial overlap analysis). Areas where manatees were observed during recent surveys and areas where there is a high degree of spatial overlap between manatee use and boat use is a critical factor in determining where manatees are most at risk of being struck by boats. The FWC report recommends two or three options for rule review consideration for each zone. Mr. Calleson,FWC, reiterated the importance of qualifying the LRRC's position for each zone rule recommendation in the report which is being submitted to FWC Staff and Commissioners stating"why or why not"the Committee supports or does not support a recommendation (both majority and minority opinions must be documented). Potential Zone Changes—North Region N I —Little Hickory Bay Central Existing Zones-The central section 30/20 zone pursuant to the existing FWC, rule. There is a 30/SS zone immediately to the south and another 30/SS zone in the northern section of the bay near Bonita Beach Road. The Committee determined the area warrants further discussion on regulation prior to making a recommendation. N2—Cocohatchee River Existing Zones—Most of the river is a 30/20 zone pursuant to the existing FWC rule. There is a shore- to-shore Slow Speed zone on the lower section of the river and the inshore portion of Wiggins Pass. The Committee determined the area warrants further discussion prior to making a recommendation. • 3 April 1. 2016 N3—Vanderbilt Lagoon Existing Zones—This area is a shore-to-shore Slow Speed zone pursuant to the existing FWC rule. The Slow Speed zone continues into the waters of Turkey Bay and Wiggins Pass to the north. Current information indicates there is a local Idle Speed zone in this area. Mr.Maxwell motioned to approve option 1: Take no action and leave the existing zone in place. Second by Ms. Richie. Carried 8 "yes"-.I "no. Ms. Snyder voted"no." N4-Doctors Pass/Moorings Bay Existing Zones-There are no zones in this area pursuant to the existing FWC rule. A local Idle Speed zone existed in this area since on or before 1994. but the zone was ruled to be null and void in 2014 because it was part of a city wide ordinance that was invalidated on procedural ground. Mr.Sterk motioned to approve Option 2:Add a slow speed. Second by Ms.Anderson. Carried 8 "yes"-1 "no." Mr. Kalvin voted no. Mr. Calleson, FWC, responded to the Committee's inquiry on dock permitting and the relationship to speed zones noting existence of zones benefits the dock permitting process. Potential Zone Changes—Central Region C 1 —Naples Bay North Existing Zones—This section of the bay is an Idle Speed zone pursuant to the existing FWC rule while the central section is a 30/SS zone and the Gorden River to the north is a Slow Speed zone. Current information indicates there may be a local Idle Speed zone on all or part of the Gordon River. Prior to the citywide ordinance being invalidated in 2014,there were other local zones in Naples Bay,possibly including all or part of this area. All or part of the bay was a local Slow Speed zone on weekends and holidays. Ms.Laakkonen, City of Naples Environmental Specialist,reported the City of Naples endorses the existing zone rule, Mr. Frank Perrucci,Marine Industries Association of Collier County, provided a history of speed zone applications.for the Naples Bay area. Ms. Richie motioned to approve Option 1: Take no action and leave the existing zone in place. Second by Ms. Snyder. Carried unanimously 9—O. C2 Naples Bay South Existing Zones—This section of the bay is a 30/SS zone pursuant to FWC rule. There is an Idle Speed zone to the west and the 30/SS zone continues into Dollar Bay to the south. Prior to the citywide ordinance being invalidated in 2014,most or all of the bay was a local Slow Speed zone on weekends and holidays. Mr. Sterk motioned to approve Option 1: Take no action and leave the existing zone in place. Second by Mr.Maxwell. Carried unanimously 9—0. 4 April 1, 2016 C3—Gordon Pass Existing Zones—The section of the pass between markers 7 and 10, including the Port Royal canal system to the north, is an idle Speed zone pursuant to the existing FWC rule while the area to the east is a 30/SS zone; there are no FWC zones west of marker 7. Mr. Boesche motioned to approve Option 1: Take no action and leave the existing zone in place. Second by Mr. Sterk. Carried unanimously 9—O. C4—Dollar Bay Existing Zones—This bay is a 30/SS zone pursuant to the existing FWC rule. There is a 30?SS zone to the north in Naples Bay and The Narrows, immediately to the south, is a shore-to-shore Slow Speed zone between; markers 52 and 47.• Mr.Maxwell motioned to approve Option 1: Take no action and leave the existing zone in place. The Committee discussed the motion and the consensus was the area required further data analysis. Mr. Maxwell withdrew the motion. C5—Halloway Island North Existing Zones-This area is a 30/SS zone pursuant to the existing FWC rule. The Narrows, immediately to the north, is a shore-to-shore Slow Speed zone between markers 52 and 46. Rookery Bay, to the east, is a 30/20 zone. Ms.Richie motioned to approve Option 2: Change the existing zone to a shore-to-shore Slow Speed zone. Second by MS.Anderson. The Committee discussed the proposal and tabled a decision for a future meeting. C6—Hallowav Island South Existing Zones -The area containing the main channel is a 30/SS zone pursuant to the existing FWC rule;there are no FWC zones in the areas leading to. Hurricane Pass on the east and west side of Little Marco Island. The 30/SS zone continues to the north and to the east. The Committee determined the area warrants further discussion prior to making a recommendation. C7—Little Marco island Existing Zones—There are no FWC zones in this area. There is a local Idle Speed zone in the southern end of the area, in and around Hurricane Pass and the southern end of Keewadin The Committee will discuss this area at the April 8, 2016 meeting. C8—Hall Bay North Existing Zones—The area is a 30/SS zone pursuant to the existing FWC rule. • FWC will coordinate activities with Rookery Bay. 5 April 1. 2016 Mr. Sterk motioned to approve Option 2: Change the narrow section to a shore-to shore Slow Speed zone. Second by Mr. Holland. Carried unanimously 9- 0. C9—Johnson Bay North Existing Zones--This area is a 30/SS zone pursuant to the existing FWC rule. The 30/SS zone extends to the west and to the south. The Committee determined the area warrants further discussion prior to making a recommendation. C10—Johnson Bay Central Existing Zones-This area is a 30/SS zone pursuant to the existing FWC rule. The 30/SS zone extends to the north,the south toward Capri Pass and to the southeast into other parts of Johnson Bay. The Committee determined the area warrants further discussion prior to making a recommendation. VIII. Public Comment None IX. Agenda Review Mr.McAlpin reviewed the Agenda for the April 8,2016 meeting noting: • A public notice will be posted on the Collier County web site inviting people who are interested in commenting on manatee protection zones. • The balance of County zones will be reviewed for rule recommendations in the April 8,2016 meeting(S1:Marco River North; S2: Marco Interior; S3: Barfield Bay; S4 Caxambas Bay;S5: Goodland;Ti: Port of the Islands and T2:Barron River)as wells as areas identified on. April 1, 2016 for further regulation discussion. • Topics for consideration for future meetings include review of 30/20 zones in the Central region and additional areas to consider for regulation not addressed by the FWC. X. Member Comments The Committee inquired regarding existence of"speed zones"for water craft approaching the beaches. Mr. McAlpin will research the policy as it applies to speed zones and report his findings to the Committee. There being no further business for the good of the County,the meeting was adjourned by the order of the Chair at 4:19 P.M. LOCAL RULE REVIEW COMMITTEE /thes Kalvin, Chairman These Minutes were approved by the Board/Chairman on './// .as presented y,oras amended 6