Loading...
LRRC Minutes 04/22/2016 April 22,2016 MINUTES OF THE COLLIER COUNTY LOCAL RULE REVIEW COMMITTEE April 22, 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 9:00 AM 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 K.alvin Members: Nancy J. Anderson David C. Boesche Michael Crofton Joshua Maxwell Nancy J. Richie Susan L. Snyder Jeremy Sterk. Excused: Marilyn Tempest, Vice Chair Conference Call: Cliff Holland —voting member Captain David Baer, City of Marco island Police Department (non-voting) Katie Laakkonen, Environmental Specialist — City of Naples (non-voting) ALSO PRESENT: Chris D'Arco — Sr. Environmental Specialist— Coastal Zone Management 1 (R) .ar April 22,2016 CALL TO ORDER: Chairman James Kalvin called the meeting to order at 9:05 AM and a quorum was established. Eight voting members(in person)and one via conference call. Gary McAlpin, Manager—Collier County Coastal Zone Management and Debbie Wight, Collier County Capital Projects Planning,were not present. Chairman Kalvin noted Cliff Holland,a voting member,was attending via conference call. His vote would count since there was a quorum of members attending the meeting in person. it was decided a motion was not necessary to include Mr. Holland's vote. H. COMMENTS—NANCY ANDERSON: Ms. Anderson submitted a three-page document entitled,"Notes from Nancy Anderson for April 22, 2016 meeting." (1) Reducing Boat Speed—She thought it was important to respond to a comment that"the Committee has been inundated with studies supporting slow speed. These studies do not take into account different types of vessels at different speeds . . . • A review provided at the April 8th meeting--"Slower boat speeds reduce risks to manatees"by Calleson and Frohlich • She referenced information from the FWDD website: "The faster a boat goes, the more force is applied to the `strike.' For instance,the force of a strike at thirty m/p/h is four times that of a strike at fifteen m/p/h, all other things being equal." She encouraged the members to read the review which she categorized as"very informative." III. APPROVAL OF MINUTES—APRIL 8,2016: Correction: • Page 3—"Manatee Mortality Statistics:" o Chairman Kalvin did not make the statement,"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." o Susan Snyder stated the comment concerning lack of room for new marinas to be built was an unsubstantiated comment. She stated one developer has been attempting for over ten years to build a new marina in the area. The comment had nothing to do with the mortality rates. A motion was made with, a Second in support,to approve the Minutes of the April 8,2016 meeting as amended by Susan Snyder's corrections. Carried unanimously. Chairman Kalvin noted Gary McAlpin and Debbie Wight had sent a map showing all of the zones in Collier County that were municipal or boating safety zones that were in place. Susan Snyder stated she attempted to document signage for the Wiggins Pass—Map#2 on Monday and took photographs. She noted signs were missing and were contradictory signs 2-(R) April 22,2016 where the speeds when heading north were different than the speeds when heading south, as well as for east and west. She stated she located three different areas of contradictory signs on the map. Chairman Kalvin agreed the signage within the County needs a lot of help. He reminded the Committee discussion for Clam Bay was set,time certain, at 11:00 AM. TV. DISCUSSION OF ZONES: (For full description: Tab 4—beginning at Page 6) The following areas have been identified as "potential higher risk"by the FWC. Cd-Dollar Bar Existing Zone: 30/"Slow Speed"zone, 30 in the channel and SS out, similar to existing FWS rule. There is a 30/SS zone to the north in Naples Bay (Area C-2). The Narrows, immediately to the south, is a shore-to-shore SS zone between markers 52 and 47. • Option#1: Take no action and leave the existing zone in place. Option #2: Change all or part.of the existing zone to shore-to-shore Slow Speed zone. The total length of the channel is approximately 3.0 miles. Susan Snyder asked if the depth and width of the channel in that area was known. Chairman Kalvin: During mean tide, it is probably about six feet deep. Are you asking about the channel itself or the entire Bay? The channel is very narrow— probably about 100 feet or so. Josh Maxwell: The channel depth is adequate—there are a lot of larger boats that go through there on the weekends. I would estimate it is probably 5 to 6 feet deep at low tide. Nancy Anderson distributed a report of data for the benthic habitats which showed there is "patchy" seagrass versus"continuous"seagrass in the area. She referenced Page 2 of her"Notes"entitled "Rookery Bay Watershed Engineering Project." She stated the data contained on the maps was preliminary but approximately 85% had been completed. Her concern: destroying the seagrass will destroy the habitat for manatee as well as the other marine life in the area which includes commercial fish and sport fish species. Manatees rely on seagrass and algae for their food sources. She supported changing the speed to Slow during the summer but not necessarily • during the winter months. Chairman Kalvin clarified: Dollar Bay is the area immediately south of Hamilton Harbor in the intersection going out Gordon Pass—this section goes all the way to the current"Slow Speed"zone at Rookery Bay. He stated: If we consider Dollar Bay as a"Slow Speed"zone, it would be "Slow Speed"all the way from Naples Bay to Holloway island which is south of Rookery Bay. Josh Maxwell: If we were shown a decline in the seagrasses, he would be a bit more inclined to support a"Slow Speed"zone. Despite all the boat traffic there now,there is still enough light penetration for the grasses to grow. In the summer, when the manatee population increases, boating use is down in comparison to the winter season when everyone is in town. He did not support changing to a"Slow Speed" in the area. 3.....(R) April 22,2016 Nancy.Anderson clarified: The seagrass in the arca is"patchy"which means it is discontinuous in portions. She stated she is an avid power boater and uses the area. The seagrass has declined significantly in the area over the past ten years. One of her concerns if the issue is not addressed now, in ten years the area could be devastated by the loss of seagrass. Josh Maxwell stated he did not think the boats were as much a factor as the water quality issue from fresh water coming down from Naples Bay through the Golden Gate canal system. His opinion: considering the data,there was no need to make it a more restrictive zone. Nancy Anderson: Agreed there was less boat traffic which provided an opportunity to give the manatees and seagrasses"a break." A question was asked if the seagrass area was posted. Josh Maxwell stated he did not believe it was. Chairman Kalvin: The vast overlap in the manatee density during the summer is typically when there are fewer boats,and the boats running the canal are mostly private, smaller vessels versus a 52' SeaRay which you would see there during season. There is less traffic with small boats during the time when the risk is highest. Nancy Anderson: Small boats, going 30 rn/p/h in the channel, can still easily cause deaths to manatees. Susan Snyder: Agreed with Nancy, and noted FWC had identified the area as a potential higher risk. Cliff Holland moved to approve supporting Option #1 in Dollar Bay. Josh Maxwell offered a Second in support of the motion. PUBLIC COMMENT: • Chad Unger,concerned citizen, boater,and recreational fisherman. He stated it seemed like a"knee-jerk reaction"to put this into Dollar Bay. He did not feel there were proper surveys—the seagrass survey had not been completed—the manatee detection surveys are"not there to see where manatees are." In 1991, there was an"800"phone number published in the Naples Daily News to report manatee sightings but now there is social media. Pictures are taken and on-time data is available to publicize the exact locations of the manatees to place these zones and monitor existing zones. He further stated manatees are no longer an "endangered"species. o Chairman Kalvin: A technical correction—there has been a petition byU.S. Fish and Wildlife to down-list but it has not yet been completed —it is still in the process. • Chad continued: There is a huge data gap—29 surveys from 1991 to 2015 —we need more data to enforce not only Dollar Bay but all the zones. He asked why something like the"800"number had not been established on FaceBook or Instagram where real-time data and photos could be posted, information could be collected and everyone would know what was going on in these area. Michael.Crofton responded,stating he used the Dollar Bay waterway on a regular basis. He thought the narrow channel was well controlled and well observed by the 4-(R) April 22,2016 boaters. He stated he had never seen a boat stray out of the channel at speed. He further stated the system has been working and he supported the motion. Chairman Kalvin called for a vote on the motion. Including Cliff Holland's vote, the motion carried, 7— "Yes"/2— 'Wm" Susan Snyder and Nancy Anderson were opposed. CS-Holloway Island North: Chairman Kalvin stated it was the same type of zone, i.e., 30/SS—30 in the channel and "Slow Speed"out, pursuant to the existing FWC rule. There is a 30/SS zone to the north in.Naples Bay (Area C2). The Narrows, immediately to the north, is a short-to- shore SS zone between markers 52 and 47. Rookery Bay to the east is a 30/20 zone, i.e., 30 m/p/h in the channel and 20 m/p/h out. Option#l: Take no action and leave the existing zone in place. Option#2: Change all or part of the existing zone to shore-to-shore Slow Speed zone. The total length of this channel is approximately 0.5 miles. Chairman Kalvin: This area is immediately after you come out of the Slow Speed zone at Rookery Bay. Nancy Anderson: Looking at the preliminary data and the seagrass and my points about Dollar Bay—it is pretty much the same. Dollar Bay is three miles in length but this is only one-half mile. She suggested changing to a Slow Speed for the summer months only. During the summer,the manatees travel to the coastal areas to feed hut • come back in for fresh water. There is manatee traffic;as well as boat traffic,going back and forth. Ms.Anderson continued: She did not feel comfortable recommending the Slow Speed in the winter season when the manatees are not there and there are more boaters. But everything changes in the summer. Michael Crofton: FWC's recommendation(Page 6)refers to The Narrows as being immediately to the north of C5, yet the map shows them to the south of C5. He asked which section was being discussed. Josh Maxwell stated it was the area between the two Narrows that seems to have the High Fast Overlap. Susan Snyder commented "It is also where the mortality seems to be--- at least the bodies, the carcasses that are found, end up there." She referenced Figure 34 at Page 57. (3rd tab) Michael Crofton asked if C5 started at Marker 47 and went south. Chairman Kalvin: Basically it's a half-mile stretch of waterway that is at the south end of Rookery Bay's Slow zone. One feature of the area is there's a bar to the east of the waterway with water behind it and it is right at the confluence of the Rookery Bay system. There is a lot of space for the manatees to avoid the boats. I have never seen or heard of an issue there, but I understand that maybe those injuries manifest themselves elsewhere. • 5--(R) April 22,2016 Josh Maxwell it looks like it goes from Marker 47 to about 42, looking at the navigational chart. Nancy.Anderson: When you say,"they have room to avoid the boats,"that is not always possible and sometimes the manatees will make a move and it happens to be in the path of a boat because the boats can move in one direction or another—there's a lot of noise down there and studies have shown that they sometimes move into the path of a boat or cannot descend fast enough,depending on the speed of the boat. Josh Maxwell asked for comments concerning moving the current zone rather than extending it. It looks like the Fast Overlap is minimal in the narrow stretch above it— ratherthan lengthening an existing speed zone, how about relocating it to the south. Chairman Kalvin: You are talking about moving the zone in the Rookery Bay stretch that's there currently? Josh Maxwell: Correct. Chairman Kalvin: Roger's chart accurately portrays The Narrows. Josh Maxwell: It looks like 52 is about where it starts. Chairman Kalvin: It is—it goes from 52 to 47—and that's the current Slow Speed zone from Dollar Bay down to Holloway Island. Michael Crofton: That is a fairly narrow stretch and I think it should be left as it is in the current Narrows restriction. The question is—whether there should be a little piece added on to the south end, is what is being discussed here. Chairman Kalvin: Correct. Michael Crofton: One compromise which might work here would be to extend it just to Marker 46 which is the first marker after you currently come out of that narrow section. And you have to,basically, make a turn to the starboard side and you go down into a corner. 46 forces you to go around fairly close to the beach there. I think that might be a situation because there is a sandbar on the left-hand side which I think would make manatees not be able to take refuge. I think if you add one additional little piece—down to Marker 46—it would make sense because once you turn around the Marker at 46 and head south to Marker 42, it widens considerably and becomes a very open stretch of water. From the current 47 down to 46—is tight. I think it might be an appropriate compromise just to add that piece as Slow Speed. Chairman Kalvin: Did everybody copy that? What we are talking about is extending the current Slow Speed zone past that confluence of the waterway into Rookery Bay down to where it comes around the curve and the water widens out a bit. Michael Crofton: Once you have made the turn around Marker 46 going south,it really opens up at that point. My compromise is rather than making the whole stretch all the way to Marker 42—just make it to Marker 46. That's the logical starting point for the.Slow:Speed there. Nancy Anderson reiterated her concern for the seagrass in the area,even though it was a bit wider. MichaelCrofton: It would-have to be at Slow Speed until you got to that corner. As you approach it, you would see the sign to slow down coming northbound. Coming from the south,you wouldstill be going at Slow Speed. As you get to 46 and come around it—at that point—you could go back to planing if you wished. Nancy Anderson: Why not just keep a little more of it at Slow Speed? Michael Crofton: What is the southernmost post of C5 as shown on the diagram? (There was discussion involving viewing the maps.) 6--(R) April 22,2016 Chairman Kalvin: From a protection standpoint, 1 think it makes sense to cover the entrance channel into Rookery Bay. I am not a fan of extending it any further south than we have to. During the summertime,the folks who use that end of the island—it often rains every day—and they need to be able to get back home in those rain events. I am in favor of bringing it down as Michael suggested to Marker 44. Michael Crofton moved to approve Option #2 in C5 but extending it in a southerly direction only down to Marker 44. Jeremy Sterk offered a Second in support of the motion. Chairman Kalvin: We are creating Option 2-A. We would be extending the current Slow Speed zone down to Marker 44. Josh Maxwell stated he preferred to relocate the existing zone instead of lengthening it. There was no Public Comment. Chairman Kalvin called for a vote on the motion. Motion carried, 8—"Yes"/1— "No." Josh Maxwell was opposed. C6-Hollowav Island South: Chairman Kalvin stated the existing zone is an area containing the main channel which 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 sides of Little Marco Island. The 30/SS zone continues to the north and to the east (C-10) Option 41: Take no action and leave the existing zone in place. Option #2: Change all or part of the existing zone/unregulated area to a shore-to-shore Slow Speed zone. The total length of this channel is approximately 1.5 miles. (A chart was displayed on the overhead projector.) Nancy Anderson: There appears to be a lot of"patchy"or discontinuous seagrass in the area. On the horseshoe curve, when boaters are coming up the Intracoastal —that's an area where the boats arc going fast and changing direction. It could be confusing for the Manatee to get away in that zone. I think we would have a problem if we tried to do a yearly Slow zone but I think it is very appropriate to take it to Slow during the summer months when the manatees are traveling and there are a lot of them there. Chairman Kalvin explained: This area(from here to here to here) when the waterway is crowded,just from a boating standpoint, is a nightmare—two-way traffic; two-way traffic;two-way traffic. If the boaters can't make sense of it, it Would make sense that the manatees can't either. I would not be opposed to controlling the intersection but I do have a problem with closing down as much of it as C6 shows on the chart. (Josh Maxwell indicated an area of concern on the map but did not identify it.) (Additional comments were made off-mic—i.e.,explanation of the chart.) 7-(R) April 22,2016 Chairman Kalvin: The south side of C6—on the backside of Little Marco Island— that section of the Hurricane Pass waterway and the C7 section of the Hurricane Pass waterway--that's the last recreational area that we have for water skiers. Nancy Anderson: Are you talking about the east side for the water skiers? Michael Crofton: 28-A—traveling northwest to Marker 34 is, I think,what Josh is referring to. Josh Maxwell: That shoal is continuing to move north and is constricting the water body at least as far as navigation goes. Michael Crofton: Are you talking about 28 to 28-A? Josh Maxwell: Right. Michael Crofton: Because the section to the left of that and going in a northwesterly direction up to 34 is a narrow section as well at that stretch there. And that intersection which our Chairman referred to is a very,very busy and difficult intersection. Josh Maxwell: From little boats to big boats, I've never had a conflict or difficulty in that area. I've even had to pull boats that were in distress through that area and I, personally, have never had any issues. Nancy Anderson agreed there are a lot of boats there and it is very busy. It's very intense. In my opinion,there would be pressure on the manatees due to that boat traffic. Michael Crofton: I think this is one of the areas where there is a marked distinction between summer and winter if you look at the notes and the data. It is, possibly, an area where a seasonal adjustment can be made. A question was asked to provide the distance from 26 to 30 for that stretch. Josh Maxwell: From 28-A it is a little over one-third of a mile. Michael Crofton: From 28 to 28A is 0.2 nautical miles. From 28A to 34, which is at the intersection to the northeast, is about 0.45 nautical miles. The entire stretch from 34 down to 28 is 0.65 nautical miles,according to my chart. Josh Maxwell: My area is concern is from 28 to 28A which is 0.2 . (Committee member—not identified): I know the data is not showing the boat activity or the same numbers as summer,but there was a manatee at Keewaydin—there are so many boats there during the winter and, sorry,but boaters who don't know what they are doing. They go on the wrong side of the markers because they don't know what they are doing. We just had the warmest January in 37 years and the wettest so using old data and then saying there is not an overlap in winter—I really don't like seasonal boating restrictions. I think it's confusing and hard for enforcement. I think if we're going to make zones, let's make them year-round. Nancy Anderson: I just think that would be harder—I see this as a compromise—to do it for the summer. If I were to look at it personally,even though I am an avid power boater and sailor,just for the protection of the seagrass during the winter, yes, it would be good to have Slow Speed. It's manatee habitat. However, I think we would have the boating community, perhaps ... I think it would be harder to get that through for a year. So, would you be proposing a year-round Slow Speed? 8-(R) April 22.2016 Nancy Ritchie: Yes—this area has manatees---is an area that needs protecting—yes, year round. Susan Snyder: I would agree with that,Nancy, for several reasons. one. if you look at the FWC material that we were given their summer starts in April and, in April according to another boating website ... March and April are the busiest seasons for boating down here. if you have an overlapping law—overlapping with the busiest time of the year—it will really be difficult. But this has been the warmest January and it's only going to get warmer due to global warming but—the weather is unstable and our temperatures have been increasing in the winter which means that things are going to be less normal than we are used to seeing. We are establishing something that will be around for a long time—probably after most of us are gone. And I'd like to have my heirs see manatees around here, so I would go with what you said--I think a Slow Speed year-round makes sense. Josh Maxwell: I would support the lower leg of the---I can't support the full thing —that is one of the most marked areas of the entire Intracoastal —the channel is very well defined. From my personal experience, I don't feel there is enough of a conflict to warrant a more restrictive ... but you can't go a weekend out without finding boats on the sandbar. It's constant—people trying to cut through this area. By making this stretch"Slow Speed/Minimum Wake"—yes, it does slow down the boaters going through the Intracoastal from Marco and Capri—but I think is really the primary area concern—from 28 to 28A—for the manatees. Chairman Kalvin: I didn't agree with you Josh, but you've convinced me. The sand bar and the seagrass issue is significant right there. Michael Crofton: What concerns me is that according to the data that they referred to a roughly 7.5 mile section north and east of Little Marco Island and I think that possibly includes the section that you've talked about between 28 and 28A. But it seems also to include the channel that goes up in a northwesterly direction up to 34. Josh Maxwell: We have the same density in other areas of the County --like Gordon's Pass going between the Pass and the Bay with the same kind of density as what we are discussing here and we all agreed to leave that as is. Chairman Kalvin: I agree with Josh—I think that's the critical part of that C6 area. There's a food source there,there's shallows,there's high traffic,and that is where the well-marked channel stops and the kind of ambiguous spaced-out markings begin. Nancy Ritchee mentioned there was manatee mortality there around the corner at the point back in 2007, 1 think, it looked like two. Reference was made to Figure 34 but, again, we don't know if they were hit there or if it's the currents that bring them there, but that is the data. Cliff Holland: Conceptually,I think the hybrid approach sounds reasonable i just don't have the advantage of the markers you are referencing. Michael Crofton: The two alternatives are possibly—there's Marker 34 which is at the corner where the water splits. If you are coming southbound and you make a slight right turn, you would go down to Keewaydin Island. And if you made a left turn, you would go through the channel which would take you all the way to Marco on the inside. He continued: The proposal that I think makes sense, based on the data.would he to start a Slow Speed zone at Marker 34 and take it all the way through to Marker 28. 9_.(R) April 22,2016 What Josh and our Chairman have referred to is only the section between Marker 28A and Marker 28 which is a section that runs from—Marker 28A is to the west to Marker 28 which is to the east. Nancy Ritchie: What we are calling the"dog leg"from 28 to 24—that whole section. I think you can't ignore that it had two or three mortalities down by the sandbar—I think the fast boat overlay is old because it is crowded there year-round. Michael Crofton agreed the boat traffic during the winter season is very heavy—but from a confusion point of view as a boater,I could live with 34 to 28 at Slow Speed, year round. After 28,that whole area widens massively—it becomes extremely wide. Chairman Kalvin: We are talking about the"hockey stick" from the top of Little Marco down to the southern edge of C6. Nancy Anderson: I think that whole section should he Slow Speed—as far to the west as this section goes. Chairman Kalvin: A motion was made to go from 28 to 30A which is the"dog leg" section. Nancy Anderson: Does the"dog leg" go all the way to the boundary'? Chairman Kalvin: Yes, it does. (Unknown speaker): I will support year round which I think is a cop-out. I mean if boaters can make sense of FWC's fishing regulations with slot limits and... they can certainly make sense of a sign. But I'll make it year-round. Nancy Anderson offered a Second in support of the motion. Chairman Kalvin: There is a motion on the floor to make a Slow Speed year-round zone from the tip of Little Marco Island, which is 30A, down to the end of Cb in the marked waterway only to Marker 28. PUBLIC COMMENT: Chad Unger: That zone is very well marked—that's boater knowledge. And I think that to have a year-long zone in there when in the summer time it's mostly locals who go through there and know the area, is kind of ridiculous—plus the fact that you have to worry about enforcement. Everybody here who boats has probably seen a boat stuck on the little sandbar there and you pull them off—but who is going to enforce that because FWC is restricted in the amount of enforcement that they can do in those areas. And the other thing on the seagrass—it's all potential—potential seagrass,that's it. She said in the beginning that 85%of that survey is done—it's not a full,complete survey. I think that needs to be taken into consideration with the whole thing. I agree with what Josh said in the beginning for that small little area by the sandbar but that's only because of the danger of the sandbar. Chairman Kalvin explained what comes out of this Committee is advisory to the Fish and Wildlife Conservation Commission. They are not bound by our decisions although we hope they will weight them heavily. Our intent is to safeguard the manatees and,hopefully, go through this whole process with as little addition to the regulations as we can while still watching out for the local animals. 10--(R) April 22,2016 Nancy Anderson: But we do thank the public because your agreement or objections are listened to and noted. Chairman Kalvin: Absolutely-absolutely,thank you very much. There is a motion and a second, let's call for a vote on what we are calling Option#2A for Zone C6. Chairman Kalvin called for a vote on the motion. Motion carried, 8-- "Yes"/1- "No." Josh Maxwell was opposed. BREAK RECONVENED C7-Little Marco Island: Chairman Kalvin: Existing Zone: 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 Keewaydin Island. Option 41: Take no action and leave the area without an FWC zone. Option #2: Add a Slow Speed zone in all or part of the area. Chairman Kalvin: I think that we should consider Option#1. I boat that area a couple of times a week and haven't seen any problems there other than education issues and enforcement issues. I don't think it's a manatee issue. (Unknown Speaker): All I see are rental boats causing problems down here. But again that's education and you can't rix that. Josh Maxwell: Currently, the existing signage is right at the tip. Nancy Anderson expressed concern about the little tip of Little Marco Island going around the south end and suggested that it could be Slow Speed. Josh Maxwell explained the signage on either side was a local zone for Idle Speed. Michael Crofton: I go down there quite often-just before you get to the tip in a southerly direction,there is an `Idle"sign--"No Wake"-and everybody slows down. There's no speeding in that area from what I have seen. Chairman Kalvin: A motion has been made, with a second, to support Option #1 in C7. Chairman Kalvin called for a vote on the motion. Carried unanimously. C9-Johnson Bay North: Chairman Kalvin: There is an existing 30 in the channel and Slow Speed out of the channel,pursuant to the existing FWC rule. The 30/Slow Speed zone extends to the west (C6)and to the south (CI I). ]1 -(R) April 22,2016 Option#1: Take no action and leave the existing zone in place. Option#2: Change all or part of the existing zone to a shore-to-shore Slow Speed zone. The total length of the channel in this section is approximately 1.1 miles. Chairman Kalvin: Basically we do have a shore-to-shore Slow Speed zone with the exception of a travel corridor in the marked channel so what we would effectively be doing is taking away the travel corridor if we regulate this area. Everything else is already regulated. Nancy Anderson: I would like to see that happen. I will mention the seagrass issue— manatees eat seagrass. Although the seagrass is"patchy,"it is right in that area. There are also some sandbars. Seagrass is the manatee's food source. There is a lot of movement here. This is a Very High Fast Overlap and high manatee density during the warm season. I was thinking that we should make this Slow shore-to-shore just during the warm season but maybe we should just go for the entire year to avoid confusion. We are talking about adding potentially 15 to 17 minutes going or coming. The manatees are being spotted in this area. During the summer season there has been a lot of seagrass in Johnson Bay. Josh Maxwell: I have seen manatees in every single waterway in Collier County—just because we see manatees there—we have a marked channel. I don't think there's currently enough conflict to warrant a more restrictive zone. Nancy Ritchie: That's a very wide area—very wide—and a very marked channel. She referenced Figure 34 at Page 57. For the amount of manatees noted there and the data we have received, and also our personal experiences in there,there is very low, low mortality between boats and manatees. Nancy Anderson: We know very well that where you find a manatee carcass is not indicative of where it was hit by a boat. Chairman Kalvin: This is a poster for how a Manatee Protection Plan can work over the years. The Committee that drew this plan made shore-to-shore Slow Speed with a travel corridor— I think this area works perfectly fine. If we add C9 and C 1.0 together and slow those travel corridors down—the guides from Marco Island and Naples aren't here to speak—but it eliminates their half-day trips—they can do one trip a day there. I think that zone has worked very well. Susan Snyder: If it's very shallow outside the channel,how is the manatee going to come through there if they are not using the channel. Josh Maxwell: There are a few portions that are shallow but overall,most of it is manatee navigable. Susan:Snyder: It's over three feet? Chairman Kalvin: The guides get in and out of there at Slow Speed. They get out of the channel,drop down to Slow Speed, and they navigate through there. So there's water there. Michael Crofton: At mean, low water,there are six,seven,eight-foot barriers outside the channel—lots of them. I agree with the Chairman. This is an area that is working from the boaters' point of view,certainly. And I believe from a manatee ... Susan Snyder: I wrote that down from one of the other meetings—somebody said it was very shallow outside of the channel. Michael Crofton: On both sides of this channel there is a lot of depth. At high tide, you probably have 10,maybe 11 feet. 12-(R) April 22,2016 Chairman Kalvin: Jeremy made a motion to exercise Option #1. There was a second by Josh. Discussion: Nancy Anderson: The zones are there for the boaters. Cliff Holland: Have we ever done a seasonal restriction? Josh Maxwell: Not within Collier County. Not to my knowledge. I know there are in Estero Bay because I found out the hard way but locally I don't know of any. Cliff Holland: I'm not sure you want to break through that wall and really confuse people. Nancy Anderson: With Slow Speed, the boater would have more time to spot the manatee and the manatee would have more time. as well, to respond. I understand it is important to talk about adding 17 minutes in both directions but that brings me back to just doing summer-just having a summer zone. Chairman Kalvin asked if anyone from the public wanted to comment. There was no response. Chairman Kalvin called for a vote on the motion. Motion carried, 6- ".Yes"/3- "No." Clam Bay: Chairman Kalvin reminded everyone who wanted to speak, to complete a Speaker slip. Chris D'Arco: I have Mary Johnson, Susan O'Brien, Linda Roth,and Mac Hatcher. We have six-we also have Annice Gregerson, and Jeannie Findlater. Chairman Kalvin: We had a lengthy discussion on Clam Bay at our last meeting. Does anyone on the Committee want to discuss it or do you want to go straight into Public Comment? Josh Maxwell: I wrote down just a brief synopsis what the speakers from last time were discussing. • Mary Johnson was from the Pelican Bay Foundation and felt the area should be considered for Manatee Protection. She referenced reports and stated that Idle Speed should be put in place but did not ask for a specific zone. • Michael Seef; discussed that Clam Bay should be protected for manatees. • Ted Raia, lives in Pelican Bay, and discussed.Clam Bay and his two encounters at the Pass and feels it all should be protected for the manatees. • Linda Roth-a Clam Bay user-discussed the manatee usage; said she had seen them throughout the system,and wants the area as an Idle Speed zone for the protection of the manatees. • Annice Gregerson-discussed Clam Bay and boat usage as it relates to seagrasses. She distributed a letter from herself and her friend, Jeanne 13-(R) April 22,2016 Findlater, outlining their request that the area be considered for manatee speed zones. • Marcia Cravens—discussed Clam Bay and mainly discussed seagrass. Said if we can improve the habitat and food source, it can help improve the area for manatees. She reviewed the Florida Administrative Code and how rules can be established for manatee protection zones and to protect seagrass and other habitats. Asked that's the area be included in our recommendations to the FWC. Chairman Kalvin: Thanked the speakers for coming and stated their input was appreciated. He reminded them of the three-minute limit. He asked each speaker to state his/her name for the record. PUBLIC COMMENT: • Steve Gregerson—Pelican Bay resident. Very concerned and stated boating interests are destroying the seagrass. The jet skis and boats have an easy access to the Gulf—by going to an Idle Speed, it would increase their trips by a couple of minutes. • Mary Johnson—serves on Pelican Bay Foundation Board. Distributed copies of her remarks. Clam Bay should be part of the system of protected zones for manatees. It is one of a few designated convservation areas along the Gulf Coast. Manatees have been well-documented in Clam Bay. Supports restoration of the Idle Speed/No Wake zones and signage for same. • Susan O'Brien discussed FWC's aerial survey data reported that Wiggins Pass and Clam Bay had higher manatee density and sighting confirm manatee presence. The Bay's water level and seagrass conditions provide foraging and resting habitat for migrating manatees. To help restore declining seagrasses,the Bay should be designated as an.Idle Speed Manatee Protection Zone. • Linda Roth—Pelican Bay resident. The best ways to protect manatees are to prevent boats from traveling at high speed and to restore and maintain the seagrass. Clam Bay is the only coastal nature preserve in Collier County. Seagrass levels have declined,especially in Outer Clam Bay. Supports designating Clam Bay as a Manatee Protection Zone with Idle Speed signage restored. • Jeanne Findlater—Pelican Bay resident. Outer Clam Bay is designated for manatee protection. The waters are warm and vary in depth and provide a resting place for migrating manatee. Manatees do not remain in the Bay due to lack of seagrass and exposure to high speed water craft. Supported designating the half-mile area as Idle Speed/No Wake. • Annice Gregerson—provided an email and photos. Concerned over increased boats and personal watercraft traffic in Outer Clam Bay. When previous signage was removed, the area became a private boating playground and duration of usage has increased. Operators may not be aware that Clam Bay is a nature preserve. Watercraft have been observed chasing dolphins in Outer Clam Bay. Requests designating all of Clam 14-(R) April 22,2016 Bay as a Manatee Protection Zone now—not in ten years—and reinstating the Idle Speed/No Wake signage. • Mac Hatcher stated Outer Clam Bay is the southernmost bay and is approximately 70 acres—is less than one mile wide and less than one mile long with depths of one to four feet. High speed boat use is not appropriate. Requests that the area be posted at Slow Speed at the very minimum. Chairman Kalvin stated the two options: (1)To take no action; and (2)To install a speed zone for the boats through Clam Bay. Nancy Anderson referenced the Florida Manatee Sanctuary Act. Chapter I noted the manatees live in a variety of environments and are herbivores that feed on a variety of marine and fresh water vegetation. This is why she keeps mentioning the importance of seagrasses. But the seagrass is diminishing. It is important to have protection zones for the manatees. Cliff Holland: In listening to the public comment and the data presented, I believe something needs to be done in this zone. I would make a proposal to discuss at least Idle Speed in Clam Pass and Slow Speed in Clam Bay. Susan Snyder moved to approve designating the entire Clam Bay system as an Idle Speed/No Wake Manatee Protection Area. Nancy Anderson offered a Second in support of/he motion. Discussion: Michael Crofton stated Idle Speed was more appropriate due to the very shallow water and seagrass issue. Boats traveling at Slow Speed will do more damage. If the objective is to protect the seagrass—the distances being discussed are very • small _then Idle Speed is appropriate. Josh Maxwell stated he did not think the types of seagrasses in question were the type preferred by manatees. It is a very low usage area. We do see a lot of boats in the area not going the common-sense speed. He felt it was more of a public safety issue than an environmental issue. The County needs to look at this as a public safety issue because nobody should be tubing in two feet of water. Nancy Anderson replied the manatee is a generalist feeder and will eat what is available. Nancy Ritchie: Yes, it is a public boating safety issue but we do know manatees are in there and we do know it is their habitat and we do know boaters are running, from the public comment, so i do think this should be a manatee protected area. Chairman Kalvin called for a vote on the motion. Motion carried, 7— ".Yes"/2— "No"/1—Abstention. Josh Maxwell and Chairman Kalvin were opposed. Jeremy Sterk abstained from voting. Chairman Kalvin thanked the public speakers for their participation. 15--(R) April 22,2016 C10—Johnson Bay Central: Chairman Kalvin: The existing zone is a 30/Slow Speed, pursuant to the existing FWC rule. The 30/Slow Speed zone extends to the north (Area C 10), the south toward Capri Pass(Area C 12),and to the southeast into other parts of Johnson Bay. Option#1: Take no action and leave the existing zone in place. Option#2: Change all or part of the existing zone to a shore-to-shore Slow Speed zone. The total length of the channel in this section is approximately 1.5 miles. Michael Crofton: I think it should be treated in the same way as C-9,which is to be left as it is. I think it should be left as it is working well as a zone. There is a clear, demarcated channel, there is plenty of water on each side of the channel,and it is wide. I say let's stick with Option#1. When asked if he had made a motion,Mr. Crofton said, "Yes, I'll make that a motion." Michael Crofton moved to approve adopting Option #1. Josh Maxwell offered a Second in support of the motion. Discussion: Nancy Anderson recommended restricting the area to Slow Speed,at least during the warm season. Chairman Kalvin called for a vote on the motion. Motion carried, 7— "Yes"/2— "No." Susan Snyder and Nancy Anderson were opposed. SS—Goodland: Chairman Kalvin: The immediate vicinity of Goodland, including the internal basins and canals is an Idle Speed zone,pursuant to the existing FWC rule,while the rest of Goodland Bay is a Slow Speed zone. There is a 30/Slow Speed zone to the south that extends to just south of Marker 3 in Coon Key Pass. Option#1: Take no action and leave the existing zone in place. Option#2: Change the existing Idle Speed zone to Slow Speed to match the rest of the Bay. The total length of the marked channel in the Idle Speed zone is just under one mile. Chairman Kalvin explained it is basically an idle Speed zone at the moment. The Committee has discussed making it a Slow Speed zone for the sake of continuity and because the waterway features there—you are basically obligated to do that to maintain steerage in most tidal conditions. Susan Snyder: The fact that the numbers in this County do not indicate any kind of an increase, we do have yearly ups and downs—we have kind of a level population of 16-(R) April 22,2016 • manatee with a lot of variables coming. A "Red Tide"can take us down to over one hundred below where we are. By taking no action, we would be leaving the Idle Speed Zone in there to protect them. By putting a Slow Speed zone in there it would be like bumping up a school zone from 20 to 30 m/p/h and seeing what happens. Susan Snyder concluded: I would be for Option #1. (Accepted as a motion.) Chairman Kalvin: I second that. Nancy Anderson pointed out the hydrogeology of the area and stated once the Picayune Canal stops sending fresh water into the Bay.the"normal"sheet flow of water is going to flow into the western areas. During the summer months,the manatee will be foraging in that area and possibly moving around a lot more in the Goodland area and other parts. She also supported maintaining Option#1. PUBLIC COMMENT: Mac Hatcher I do a lot of recreational paddling in the Goodland Bay area and would like to state that Goodland Bay in particular is extremely shallow. There is a usage of the area by manatees. I have no objection to the speed in the marked channel but I believe that outside the marked channel, it should stay at Slow Speed. Michael Crofton stated he regularly goes to Goodland and thinks it is working just as it is. He supports maintaining Option #l. Chairman Kalvin called for a vote on the motion. Motion carried, 7— "Yes"/I—Abstention. Josh Maxwell was opposed. Chairman Kalvin abstained from voting. Discussion of Other Issue: Chairman Kalvin: Everybody knows County Road 92 on the north side of Goodland Bay. I have never been in these waters—I am assuming it is Slow Speed ... are they marked? I really don't know where to start there. (Comments made off=mic were difficult to distinguish.) Chairman Kalvin: Does anybody in the room use those canals, other than bank fishing? Chris D'Arco: It is a relatively shallow area used by kayakers and canoes. Chairman .Kalvin: if it is covered by a Rule,what is that Rule? (Comments made off-mic were difficult to distinguish.) Chairman Kalvin: I say we leave it alone. Continue the coverage as it exists. Chairman Kalvin: A motion has been made for the San Marco Road canal with a Second by Jeremy Sterk to leave the existing FWC Slow Speed zones in place. Motion carried, unanimous. 17 (R) April 22,2016 Tl—Port of the Islands: Chairman Kalvin: The Port of the Islands area is an Idle Speed zone,pursuant to the existing FWC rule,while the rest of the Faka Union Canal is a Slow Speed zone. 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. The purpose of the zone would be to reduce potential harassment or disturbance of manatees. Option#3: (Possibly in addition to Option #2)Change the existing Idle Speed zone to Slow Speed to match the rest of the Canal. The total linear length of the existing Idle Speed zone is just under two miles. The high level of manatee use in this area is more likely to warrant continued designation as an Idle Speed zone. Chairman Kalvin: If I were able to make a motion, I would go for Option#2. The Basin itself is Idle Speed and I agreed it should remain at Idle Speed. The owners, residents,and marina people have no problem with that. I would consider taking action to protect the new waterway feature, I guess. Josh Maxwell: Currently,part of the project prevents boat access into it. David Boesche: I went there and boated down to it yesterday and spoke to the guy who owns R&R Charters there. He has been told it will be fenced off for the first five years with no access. After five years, it would come before some Board to see if it could be opened. His opinion was to keep it closed. He feels the area is for manatees, not people. Michael Crofton moved to approve adopting Option #2, keeping Idle Speed where it is, and a boat-restricted area in the new facility. Susan Snyder offered a Second in support of the motion. Nancy Anderson supported Option #2 but with"No Entry." Josh Maxwell stated if the motion was being amended,he suggested it should state "No Entry to Boats in general." Susan Snyder agreed—everybody—no kayaks,no canoes,everybody. Michael Crofton amended his motion to "No Entry to all boats."Susan Snyder offered a Second in support of the amended motion. PUBLIC COMMENT: Mac Hatcher—Since that feature was carved out of uplands and was mitigation,I believe that it should be a"no entry"zone. Chairman Kalvin called for a vote on the motion. Carried unanimously. Josh Maxwell stated he would start drafting the majority opinions and hoped to have some ready for the next meeting. Susan Snyder asked to discuss Wiggins Pass since she would not be able to attend the next two meetings. She asked if it would be possible to consider the area next week and she would send materials to people. She took pictures of signage and 18--(R) April 22,2016 shoals of the area. She would appreciate it Wiggins Pass could be included in the Agenda for the next meeting. She further asked to discuss the minority report writing. It bothers her that she is writing her minority report and the majority may re-write it. Josh Maxwell stated he intends to summarize the minority reports in the letter and attach each as an addendum. He stated it would be the easiest way. Susan Snyder stated as long as her original document went with the letter, she had no problem. Josh Maxwell clarified a minority report should state why the individual did not vote with the majority of the Committee on an issue. It was noted;there could be no collaboration when writing a minority report. Chairman K.alvin noted the topics to be discussed at the next meeting: Additional 30/20 Zones in the South Region—Unknown Bay and Addison Bay; Additional 30/20 Zones in 10,000 Islands; and Guide Permits. He stated Wiggins Pass would be added to the Agenda. He further stated the Agenda are"draft"and members were free to suggest other topics. NEXT MEETING: Friday,April 29,2016. from 1:00 PM to 5:00 PM 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 1:00 P.M. LOCAL RULE REVIEW COMMITTEE a l z JAMES KALVIN,CHAIRMAN l'he Minutes were approved by the Comfnittee ChairNice Chair on : 1 ,2016, "as arnendect°i 19—(R)