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Backup Documents 10/14/2014 Item #11A . 11A Supporting Material for Agenda Item 11A (Clam Bay NRPA Management Plan), BCC meeting - 10/14/14. Submitted by Linda Roth The 1998 Clam Bay Restoration & Management Plan was an intrinsic component of prior 10-year State and Federal dredging permits. The proposed Clam Bay NRPA Management Plan must also be incorporated into the new 10-year dredging permit applications. Excerpts from Regulatory Agency Permits: 1998 FDEP Permit # 0128463-001-JC, (Project Description) states, "The project is to conduct activities to improve the hydrodynamics of, and thus restore and manage, the Clam Bay ecosystem by conducting the activities in association with and specified by the Clam Bay Restoration and Management Plan (CBRMP), which is attached to and made part of this permit as Attachment "A". The Permittee is authorized to implement the CBRMP as set forth therein. Specifically, but not by way of limitation, the Permittee is authorized to: dredge approximately...". 1998 US Army Corps Permit # 199602789 (IP-CC), (Project Description) states, "To activities in association with and specified by the Clam Bay Restoration and Management Plan (CBRMP), which is attached to, made a part of, this permit as Attachment "A". Specifically, and not by way of limitation, the Permittee is authorized to proceed with the following works: 1 ) Replacement of Seagate Drive Culverts (pages 44 through 49 of the CBRMP). 2) Clam Pass main channel dredging ... 3) Excavation and maintenance of Interior Tidal Creeks... The above referenced works are to be completed as specified within the CBRMP and as shown and described on attached plans numbered 199602789 (IP-CC) in 38 sheets, dated Aprill , 1998, which are attached to, and made part of, this permit as Attachment "B"." 1 1 A Supporting Material for Agenda Item 11A (Clam Bay NRPA Management Plan), BCC meeting - 10/14/14. Submitted by Linda Roth The 1998 Clam Bay Restoration & Management Plan was an intrinsic component of prior 10-year State and Federal dredging permits. The proposed Clam Bay NRPA Management Plan must also be incorporated into the new 10-year dredging permit applications. Excerpts from Regulatory Agency Permits: 1998 FDEP Permit # 0128463-001-JC, (Project Description) states, "The project is to conduct activities to improve the hydrodynamics of, and thus restore and manage, the Clam Bay ecosystem by conducting the activities in association with and specified by the Clam Bay Restoration and Management Plan (CBRMP), which is attached to and made part of this permit as Attachment "A". The Permittee is authorized to implement the CBRMP as set forth therein. Specifically, but not by way of limitation, the Permittee is authorized to: dredge approximately...". 1998 US Army Corps Permit # 199602789 (IP-CC), (Project Description) states, "To activities in association with and specified by the Clam Bay Restoration and Management Plan (CBRMP), which is attached to, made a part of, this permit as Attachment "A". Specifically, and not by way of limitation, the Permittee is authorized to proceed with the following works: 1 ) Replacement of Seagate Drive Culverts (pages 44 through 49 of the CBRMP). 2) Clam Pass main channel dredging ... 3) Excavation and maintenance of Interior Tidal Creeks... The above referenced works are to be completed as specified within the CBRMP and as shown and described on attached plans numbered 199602789 (IP-CC) in 38 sheets, dated Aprill , 1998, which are attached to, and made part of, this permit as Attachment "B"." hA 1 Supporting Material for Agenda Item 11A (Clam Bay NRPA Management Plan), BCC meeting - 10/14/14. Submitted by Linda Roth The 1998 Clam Bay Restoration & Management Plan was an intrinsic component of prior 10-year State and Federal dredging permits. The proposed Clam Bay NRPA Management Plan must also be incorporated into the new 10-year dredging permit applications. Excerpts from Regulatory Agency Permits: 1998 FDEP Permit # 0128463-001-JC, (Project Description) states, "The project is to conduct activities to improve the hydrodynamics of, and thus restore and manage, the Clam Bay ecosystem by conducting the activities in association with and specified by the Clam Bay Restoration and Management Plan (CBRMP), which is attached to and made part of this permit as Attachment "A". The Permittee is authorized to implement the CBRMP as set forth therein. Specifically, but not by way of limitation, the Permittee is authorized to: dredge approximately...". 1998 US Army Corps Permit # 199602789 (IP-CC), (Project Description) states, "To activities in association with and specified by the Clam Bay Restoration and Management Plan (CBRMP), which is attached to, made a part of, this permit as Attachment "A". Specifically, and not by way of limitation, the Permittee is authorized to proceed with the following works: 1 ) Replacement of Seagate Drive Culverts (pages 44 through 49 of the CBRMP). 2) Clam Pass main channel dredging ... 3) Excavation and maintenance of Interior Tidal Creeks... The above referenced works are to be completed as specified within the CBRMP and as shown and described on attached plans numbered 199602789 (IP-CC) in 38 sheets, dated Aprill , 1998, which are attached to, and made part of, this permit as Attachment "B"." I 1 A Supporting Material for Agenda Item 11A (Clam Bay NRPA Management Plan), BCC meeting - 10/14/14. Submitted by Linda Roth The 1998 Clam Bay Restoration & Management Plan was an intrinsic component of prior 10-year State and Federal dredging permits. The proposed Clam Bay NRPA Management Plan must also be incorporated into the new 10-year dredging permit applications. Excerpts from Regulatory Agency Permits: 1998 FDEP Permit # 0128463-001-JC, (Project Description) states, "The project is to conduct activities to improve the hydrodynamics of, and thus restore and manage, the Clam Bay ecosystem by conducting the activities in association with and specified by the Clam Bay Restoration and Management Plan (CBRMP), which is attached to and made part of this permit as Attachment "A". The Permittee is authorized to implement the CBRMP as set forth therein. Specifically, but not by way of limitation, the Permittee is authorized to: dredge approximately...". 1998 US Army Corps Permit # 199602789 (IP-CC), (Project Description) states, "To activities in association with and specified by the Clam Bay Restoration and Management Plan (CBRMP), which is attached to, made a part of, this permit as Attachment "A". Specifically, and not by way of limitation, the Permittee is authorized to proceed with the following works: 1 ) Replacement of Seagate Drive Culverts (pages 44 through 49 of the CBRMP). 2) Clam Pass main channel dredging ... 3) Excavation and maintenance of Interior Tidal Creeks... The above referenced works are to be completed as specified within the CBRMP and as shown and described on attached plans numbered 199602789 (IP-CC) in 38 sheets, dated April1 , 1998, which are attached to, and made part of, this permit as Attachment "B"." hA Supporting Material for Agenda Item 11A (Clam Bay NRPA Management Plan), BCC meeting - 10/14/14. Submitted by Linda Roth The 1998 Clam Bay Restoration & Management Plan was an intrinsic component of prior 10-year State and Federal dredging permits. The proposed Clam Bay NRPA Management Plan must also be incorporated into the new 10-year dredging permit applications. Excerpts from Regulatory Agency Permits: 1998 FDEP Permit # 0128463-001-JC, (Project Description) states, "The project is to conduct activities to improve the hydrodynamics of, and thus restore and manage, the Clam Bay ecosystem by conducting the activities in association with and specified by the Clam Bay Restoration and Management Plan (CBRMP), which is attached to and made part of this permit as Attachment "A". The Permittee is authorized to implement the CBRMP as set forth therein. Specifically, but not by way of limitation, the Permittee is authorized to: dredge approximately...". 1998 US Army Corps Permit # 199602789 (IP-CC), (Project Description) states, "To activities in association with and specified by the Clam Bay Restoration and Management Plan (CBRMP), which is attached to, made a part of, this permit as Attachment "A". Specifically, and not by way of limitation, the Permittee is authorized to proceed with the following works: 1 ) Replacement of Seagate Drive Culverts (pages 44 through 49 of the CBRMP). 2) Clam Pass main channel dredging ... 3) Excavation and maintenance of Interior Tidal Creeks... The above referenced works are to be completed as specified within the CBRMP and as shown and described on attached plans numbered 199602789 (IP-CC) in 38 sheets, dated April l , 1998, which are attached to, and made part of, this permit as Attachment "B"." 1 1 A Supporting Material for Agenda Item 11A (Clam Bay NRPA Management Plan), BCC meeting - 10/14/14. Submitted by Linda Roth The 1998 Clam Bay Restoration & Management Plan was an intrinsic component of prior 10-year State and Federal dredging permits. The proposed Clam Bay NRPA Management Plan must also be incorporated into the new 10-year dredging permit applications. Excerpts from Regulatory Agency Permits: 1998 FDEP Permit # 0128463-001-JC, (Project Description) states, "The project is to conduct activities to improve the hydrodynamics of, and thus restore and manage, the Clam Bay ecosystem by conducting the activities in association with and specified by the Clam Bay Restoration and Management Plan (CBRMP), which is attached to and made part of this permit as Attachment "A". The Permittee is authorized to implement the CBRMP as set forth therein. Specifically, but not by way of limitation, the Permittee is authorized to: dredge approximately...". 1998 US Army Corps Permit # 199602789 (IP-CC), (Project Description) states, "To activities in association with and specified by the Clam Bay Restoration and Management Plan (CBRMP), which is attached to, made a part of, this permit as Attachment "A". Specifically, and not by way of limitation, the Permittee is authorized to proceed with the following works: 1 ) Replacement of Seagate Drive Culverts (pages 44 through 49 of the CBRMP). 2) Clam Pass main channel dredging ... 3) Excavation and maintenance of Interior Tidal Creeks... The above referenced works are to be completed as specified within the CBRMP and as shown and described on attached plans numbered 199602789 (IP-CC) in 38 sheets, dated Aprill , 1998, which are attached to, and made part of, this permit as Attachment "B"." Good morning! I'm Barry Nicholls, owner of Paradise Jewelry. 1 -1 A I'm addressing the issue of the sign holders. First, let me say that this is a non-issue, a tempest in a teapot if you will. Arguments have been made against having sign holders, but they are either distractions, or irrelevant. For one thing, the issue has already been litigated. In Mobile Exposure vs Collier County, the county paid a settlement of$225,000 dollars to Mobile Exposure on the issue of moving signs, not unlike our moving sign holders. First I am going to address the reasons that we should have sign holders, then I'll address the false arguments against. There a four main points: 1) Selective Enforcement 2) Businesses Need for Exposure 3) Sign Holders Need Employment 4) Freedom of Speech Selective enforcement. Collier County has not enforced this alleged ordinance for years. Now they are suddenly calling for compliance. This is unfair to the small businesses involved. It is unfair to the people finding this kind of employment. Small businesses need the exposure. We are the backbone of the economy. We are not asking for anything,just asking not to have things taken away. Collier County contends that it wants to be "business friendly". Please show us. The people employed to hold signs need the jobs. In many cases, they can't hold any other job. It's unfair to deprive them of respectful, useful work that they can take pride in. Freedom of speech. People are protesting and walking back and forth with signs. But we can't use the same method to advertise useful goods and services? What is the difference? There is no difference! Our nation is built upon capitalism and 1 freedom of speech. Nationally and locally the people are weary of government I A interfering with our business. It is apparent that the issue of sign holders in Naples is one of elitism and snobbery, nothing more. No one wants to call it that, of course. That admission would be embarrassing. Now the other side. Reasons have been given why we should not have sign holders on our streets and intersections. The reasons given are simply distractions and have no relevance or merit whatsoever. I will go over each reason. Here are the five reasons: 1) Traffic Distraction 2) Sign Clutter (Visual Pollution) 3) Employee Danger 4) Public Right of Way should not be used for commercial purposes. 5) Community Status 1) Traffic Distraction. The sign holder signs are no more distracting than all of the other signs. And the commission has already shown that they don't think that distraction is an issue. DOT has an enormous sign over 1-75 advertising Amber Alerts. See the picture attached. No one has complained. Collier County Commissioners haven't petitioned the state to take down or move the signs. Collier County itself uses a three line electronic sign on the median on Livingston and other places to advertise events and hours of operation at the county water park, etc. (See picture attached.) The Sheriff's Dept. uses electronic signs to show at what speed traffic is travelling. Collier County Commissioners haven't complained. 2 1 1 A In fact, the county specifically allows signs like ours already. In the Executive Summary from Code Enforcement Jeff Wright, and County Attorney Jeffery Klatzkow, part I, paragraph B it says: "... Temporary use approval would allow the placement of directional ground signs in the PROW, in conjunction with the special event. Both TUP authorization and a directional sign permit are required in order to place these signs in the PROW. The temporary use and related directional sign in the PROW are generally limited to 28 days per calendar year (an additional 28 days may be granted via Board approval)." If they're not dangerous for 56 days, then it's safe to say that they aren't dangerous at all. Clearly the county doesn't feel that signs of this type constitute a danger to the driving public. In other words, the signs are okay, and not dangerous. Restricting them now is not necessary. In the recommendations, a report by the Governors Highway Safety Association was referenced. It didn't address the issue of sign holders at all,just texting while driving, a different issue altogether. Using it on the issue of sign holders is just a red herring. There have been NO accidents in which sign holding was implicated. The only accident was a sign holder who was run over while on a sidewalk. He wasn't run over because he was holding a sign. He was run over because the driver was under the influence, not paying attention, and jumped a curb. In fact, if the driver had noticed the sign, he probably wouldn't have hit it! 2) Sign Clutter. For five years, during the worst recession in many years, we've used sign holders with no restrictions. There has been no clutter. Now the economy is improving. There is no reason to believe that there is suddenly going to be sign clutter at this point. Commissioner Tim Nance, at the meeting of Sept. 9, said on page 159: "I don't think it's an epidemic, or a blight on our community. If it was any of those things, 3 inthe recession, we would have had 20,000 sign holders out there, and we really 11A didn't..." I-le was absolutely right. 3) Employee Danger. The only sign shaker who has been injured, was Steve Duzsik. He was killed while standing on the sidewalk by 7 Eleven. Someone jumped the curb and ran over him. He was standing where he had every right to think he was safe. If the sidewalks are unsafe, it would behoove us to outlaw their use for any purpose. 4) Public Right of Way should not be used for commercial purposes. The public right of way is to be used by the public, of which businesses are members. As long as we don't block anyone else's use of the public areas, we should be free to use them also. This is an issue of free speech. Others are allowed to carry signs (i.e. picketing Planned Parenthood) with no restrictions. The argument is that their speech is not commercial. Our free speech may be commercial, but we have the right to try to make our businesses survive. We are members of the public, and our taxes go a long way to pay for the public areas in question. This country was founded on the principals of free enterprise, entrepreneurship and capitalism. Small business is the back bone of our economy. We are in a difficult area, and need all the support we can get. In this case, we're not asking for anything to be given to us. We're asking not to have something taken away. The sign ordinances here are so restrictive that it took 22 years for me to be able to get a sign on the pylon at my plaza. 5) Community Status These are not drunken bums standing by our roads. They are hardworking people who deserve the opportunity to make an honest living like anyone else. It would be severely elitist to say they don't belong out in public. 4 1 1 The first two people I hired to hold signs for me were two homeless men I got from St. Matthews house. They pooled their paychecks and got an apartment. They were no longer homeless. Someone approached me and asked if I would hire people with disabilities. I said, of course, as long as they can do the job. How about a woman in a wheelchair? I said I would make an exception to the "stand up" part of the job description for her. He also sent me a mentally disabled man. His mind was about 12 years old. When he got his first paycheck, he was so proud of it, that he didn't want to cash it. He loved waving it around and proving that for the first time in his life, he was a productive, full-fledged member of society. He needed to have that dignity. We all do. Let's not take that away from these people. In most cases, they can't work any other job. And if I have to fire them, they can't even collect unemployment, because they don't have any job history. My people are paid above minimum wage. They stay off of the sidewalk. They don't drink alcohol or smoke while working. They are not bums. They are hardworking people with pride and dignity. Back to the real reason for all of this fuss: elitism: It's "We just don't like it." "It just doesn't fit our idea of what streets in Naples should look like." As a matter of fact, this issue has already been litigated in Collier County. The county tried to forbid travelling signs on the sides of trucks. They lost. This issue is very similar. Let's not fight about it, let's just let businesses survive with no fuss. So to recap, there are four good reasons for the sign holders: 1) Selective Enforcement 2) Businesses Need for Exposure 3) Sign Holders Need Employment 4) Freedom of Speech There are five reasons against, and they are non-reasons. I would suggest that at the very least, the commission should consider allowing the status quo of us using sign holders to continue, and re-visit the issue in 6 months or a year, and see if there has indeed been any necessity to limit the sign holders. 5 P Distracting Road Signs cv,t1 kfP' 4•11-zor. wig - 4„,51a Mill .••• ,•- •• :•••• • •• • . .•••• : : . •••• • .. • . . . . . •"•• •:• *•••• ..„ . ••• ••••• : ••••• . . • • : : ••••• :•• : : • .• • . . : : •...• • id111■1 •• 7 4 • •mei., " waI 4:?'• • ; ° t C-1 y,•"A . • Ir ••••• v• ik NNW* , . )", 1 1 A m crt z o -a CD -< r- N CD• c� r- m c, ® m5 r )> zz M - ..0 so m -. 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