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CBMDG Agenda 03/15/2011 CLAM BAY MARKER DISCUSSION GROUP MEETING AGENDA MARCH 15,2011 MEETING AGENDA CLAM BAY MARKER DISCUSSION GROUP TUESDAY, MARCH 15,2011- 2:00 P.M. TILL 4:00 P.M. HUMAN RESOURCE TRAINING ROOM #208 3309 TAMIAMI TRAIL EAST, NAPLES I. Call to Order II. Pledge of Allegiance III. Changes and Approval Agenda IV. Approval of Minutes 1. February 17,2011 Minutes V. Marker Discussion through Stakeholder Representatives VI. Public Comments VII. Announcements with Follow-up VIII. Next Meeting Date/Location TBD IX. Adjournment * Public speakers are requested to do the following for any items presented to the Board: Display on each document the presenter's name and title of document. Provide a total of 7 copies of each handout, to be distributed as follows: 3 Board Members; 1 Minute Taker; 1 County Attorney; 2 CZM Staff members. * The following websites will provide information, agendas and dates for this subcommittee: http://www.collierJ!ov.net/Index.aspx?paJ!e=18 http://www.collierJ!ov.net/Index.aspx?paJ!e=2390 All interested partied are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. For more information, please contact Gail D. Hambright at (239) 252-2966. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 252-8380. Public comments will be limited to 3 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. Collier County Government Communication & Customer Relations 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Contact: 239-252-8848 www.colliere:ov.net www.twittcr.com/CollierPIO www.facebook.com/CollicrGov www.youtube.com/CollierGov March 1, 2011 FOR IMMEDIATE RELEASE NOTE TIME CHANGE NOTICE OF PUBLIC MEETING CLAM BAY MARKER DISCUSSION COLLIER COUNTY, FLORIDA TUESDAY MARCH 15,2011 2:00 P.M. Notice is hereby given that a public meeting will be held to review and discuss Clam Bay Markers on Tuesday, March 15th, at 2:00 p.m. in the Human Resource Training Room 208, Collier County Government Center, 3309 Tamiami Trail East, Naples. Two or more members of the City of Naples City Council, City of Marco Island City Council, Tourist Development Council and the Pelican Bay Services Division may be present and may participate at the meeting. The subject matter of this meeting may be a future item for discussion and action at these Board meetings. In regard to the public meeting: All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board/committee prior to the meeting if applicable. All registered public speakers will be limited to three minutes unless permission for additional time is granted by the chairman. Collier County Ordinance No. 2004-05 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners, an advisory board or quasi-judicial board), register with the Clerk to the Board at the Board Minutes and Records Department. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. For more information, call Gail Hambright at (239) 252-2966. -End- Patricia L. Morgan From: Sent: Subject: Attachments: HambrightGail [Gail Ham bright@colliergov.net] Monday, February 28,2011 5:08 PM Clam Bay Discussion Group material 3-15-11 Backup Agenda. pdt; 2-17-11 Clam Bay Minutes. pdt All, Attached is the backup material for the Clam Bay Marker Discussion group meeting scheduled for3/15/11 from 1 to 4. This is a summary of recent conversations with FWC further clarifying questions raised at the 2/17/2011 group meeting. This will also be placed on our website for public review but please send it to members of the community who have an interest in this topic. I have also attached the Minutes to our last meeting. As most of you are aware verbatim minutes are not provided for committees as they are quite expensive. However, if you would like to obtain the audio tape you can do so by contacting the Minutes and Records Department at 252-8406 for $5 as they are the custodians of these audio tapes. See you on the 15'h. Thanks, Gail D. Hambright, Accountant Coastal Zone Management Collier County Government 3299 Tamiami Trail East, Suite 103 Naples, Florida 34112 Phone: (239) 252-2966 Fax: (239) 252-2950 Stream Fax (239) 252-6502 Gail D. Hambright, Accountant Coastal Zone Management Collier County Government 3299 Tamiami Trail East, Suite 103 Naples, Florida 34112 Phone: (239) 252-2966 Fax: (239) 252-2950 Discussion with Ryan Moreau on 2/23/2011 based on questions from the Clam Bay marker workshop held on 2/17/2011. Key points are as follows: 1. Marker #1 which is the most southern marker and closest to the Seagate neighborhood can be move further to the south to better align with the canoe/kayak launch location. Seagrass signage can either be added to this pole or separately marked to protect the sea grass beds in this area. 2. Installation of local Knowledge signs on each of the 12 marker poles did not necessarily concern him and he is willing to allow more of these signs but wants to be able to look at the whole proposal in its totality rather than piecemeal. He is more concerned that too many markers and/or signs on marker poles would prevent safe navigation by cluttering this narrow path. 3. With respect to poles for shoal and seagrass markers instead of buoys, his position is that with a narrow route, buoys would be safer for users if hit and less clutter in the route. He will however evaluate these signs being on poles and make his decision when he evaluates the entire package. 4. He has no issues with the signs on either side of the tram bridge. This does not come under his jurisdiction. S. He wants us to submit our plan that is the consensus of the entire community and he will review it holistically without all the telephone calls and the constant pressure from everyone In our community calling and lobbying him. 6. He understands that this is a multi use route. Kayakers, canoers, boaters and swimmers will use the same estuary. He has reviewed this with his legal department and this marking system would not prevent any ofthe user's access or use. 7. The County ordinance number cannot be placed on FWC signage. 8. The permit will be issued by FWC contingent on review and concurrence by USACE and the USCG. Both the USACE and the USCG have concurrent jurisdiction for this waterway. FWC's is primarily responsible for sign age in this instance and is taking the lead. A permit is not required from the USACE or the USCG. Their involvement will be limited to only review and concurrence and will be obtained by FWC. 9. A permit, review or concurrence from FDEP is not required. 10. Based on preliminary review, FWC is in conceptual concurrence with our proposed plans. FWC:s will however not approve anything until a permit application is received and it can be reviewed in detail. 11. Tha attached route map and marker recommendations reflect our discussions from 2/17/2011 and guidance from FWCon the 2/23/2011 telephone call. ZOV) o~ffi -::>t( I-- CJ 0 V) :JWa:1D:: <CD:: w wD::c:: U 0"::: I~U.~ 0...._ V')~::>== V')==OV) ~o~o c.;zOz ~~9< <t......IQ.. ..J5w Uow ...I~ OJ c. E co x UJ c on .- V) I ex:: :::.::: -' Z~\n O a: a: _w i=::)~ :) a 0 \n <(~~a: uwa:w lC)o~ OLLlII::: V)WI-!!: V)...J::J~ ~~O\n o.;o:x:::o 1I:::~8~ ":::;...J...J ~5S:i UoW ...J:x::: ~ ~~ o~ 11I(11I( II ~ February 17,2011 MINUTES OF THE CLAM BAY DISCUSSION GROUP Risk Management Training Room 3311 Tamiami Trail, East Naples Naples, FL, February 17,2011 I. Call to Order The Discussion began at 9:00 A.M. The following Stakeholders were represented: Honorable John Sorey, City of Naples; Mary Johnson, Mangrove Action Group; Steve Feldhaus, Pelican Bay Foundation; Keith Dallas, Pelican Bay Services Division; Dr. Ernest Wu, Seagate Homeowner's Assoc.; Marcia Cravens, Sierra Club; Kathy Worley, Conservancy of Southwest Florida. The following Collier County staff members were present: Gary McAlpin, Director, Coastal Zone Management; Gail Hambright, Accountant; Pamela Keyes, Environmental Specialist; Marla Ramsey, Administrator, Public Services. Georgia Hiller, Collier County Commissioner, was also present. II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Changes and Approval of Discussion Approach Including the Consideration of Additional Stakeholder Representatives. Representation as listed above. IV. Approval of Minutes None V. Marker Discussion through Stakeholder Representatives Gary McAlpin, Director, Coastal Zone Management circulated a document outlining a starting position for the discussion including a map for the proposed marking of the system from Clam Bay south of Sea gate to the GulfofMexico. He noted: . The proposed marking of the channel will require approval by the Florida Fish and Wildlife Conservation Commission (FFWCC) and Staff has been in contact with FFWCC employee Ryan Moreau. Ms. Cravens objected to Mr. Moreau not having the ability to provide input to the meeting. . There are 12 proposed "canoe trail markers," 18" x 18" placed on 4" x 4" posts. . There are 3 proposed informational caution signs ("Clam Pass - Caution - Local Knowledge Required - Keep Lookout for Boaters and Sw immers 'J on post - 2 on the beach in the area of the Pass and 1 on Marker #1. . There are 4 proposed (3 - "Caution Shoal" and 1 - "Sea grass Area") informational buoy type markers. February 17,2011 . Discussions with representatives of the FFWCC indicate the proposed plan may be approved. . The system is identified as a Natural Resource Protection Area (NRPA). . The area in question is defined as a "navigable waterway" by the US Coast Guard. Under stakeholder discussions, three (3) main reasons were identified for marking the system: 1. Safety for the users of the system. 2. Environmental protection of the natural resources in the system. 3. Maintaining the historic navigational rights of the Seagate Community. Under the discussion the following points/concerns were highlighted: . The proposed marking should be integrated with existing or proposed marking of other areas within the system. . The use of buoys should be restricted as they have a tendency to scour the sea bottom causing environmental damage. . Consideration should be given to incorporating signs warning of a "Manatee Zone, Slow Speed/Minimum Wake." . Consideration should be given to placing any signs as necessary on the banks, (as opposed to the waterway) this may alleviate some permitting requirements. Under stakeholder discussion, the following concerns were identified: Safety Dr. Wu noted the number and location of signs are adequate. He expressed concern proposed markers are "canoe trail marker signs," not "navigational signs/markers." These types of signs do not notify system users that motorized boats may be present. In the past, this concept has caused confrontations between canoeists, kayakers, swimmers and motorized boat users within the system. Discussion continued noting: . It is not the function of the FFWCC to permit "navigational marking" of systems. Navigational marking requires approval of the US Coast Guard, an avenue that the Board of County Commissioners has chosen not to pursue at this time. . Consideration should be given to placing the informational signs ("Clam Pass - Caution - Local Knowledge Required - Keep Lookout for Boaters and Swimmers ') on other markers proposed for the system. . Consideration should be given to placing signs on the drawbridge. . Consideration should be given to revising the signage at the canoe/kayak boat launch located on the lands controlled by the Pelican Bay Foundation to notify users that they may encounter motorized boats or swimmers in the system. . The permitting and maintaining of the markers will be the responsibility of Collier County Government (Coastal Zone Management). 2 February 17,2011 VI. Public Comments Speakers Ted Raia, Pelican Bay Resident noted, in his opinion, the canoe markers satisfy the conditions ofthe original permit (issued in 1998) to maintain the system. He supports revising the signage at the Pelican Bay Foundation area canoe launch to inform users that they may encounter motorized boats and swimmers. He expressed concern the US Coast Guard navigational charts were revised removing the "non navigable" designation for the area. Noreen Murray, Pelican Bay Resident expressed concern the uses in the area are conflicting and it is difficult to utilize canoe markers to mark a "safe boating channel." She recommended the type of boats permitted to utilize the system be defined to assist in finding common ground for the type of markers required. Gary McAlpin noted the types of motorized boats are defined as "shallow draft type vessels." Bonnie Michaels notes she kayaks in the system and questions if the area is being "over protected." Responsibility to utilize the system safely lies with the users' common sense and/or local knowledge. David Roellig, Pelican Bay Resident noted not only signage is necessary in boating, but these types of systems in general require owner/operator judgment to ensure safety. Rick Dykman, Seagate Resident noted the main concern for the community is the proposal is a "canoe marker system." The community wants to ensure their historical boating rights are maintained and some members of the community grow concerned when these types of markers are proposed. He recommended directional arrows be added to the signage to notify users the side of the marker required to traverse the system safely. Susan Ritas noted some of the concerns revolve around harassment, as opposed to safety. The public needs to be put on notice that motorized boaters may utilize the system. Tim Hall recommended consideration be given to an additional "Sea Grass caution sign" just south of Seagate and relocating marker # 1 further south. Ronnie Bellone, Pelican Bay Resident noted marking the system is important so all users may utilize the system in harmony. Jim Pelton, Seagate Resident noted it is important to mark the system properly to ensure safety and place the users on notice on the types of vessels which may be encountered in the system. Mary Bolin suggested a public education program (notifications in the Pelican Bay Post, Naples Daily News, Public Po stings, etc.) be implemented to provide notification on the types of activities occurring in the system. Sarah Wu, Seagate Resident requested clarification on the types of markers allowed by FFWCC and questioned if the canoe type markers will satisfy the requirements of Collier County's Risk Management Division. 3 February 17,2011 Gary McAlpin noted the FFWCC permits specific types of signage and they are concerned about commingling "fish and wildlife signage" with "navigational signage." The Risk Management Division will review the proposal and provide comments to staff. Len Rothman, Canoeist confirmed "navigational marking" requires red and green US Coast Guard approved markers. VII. Announcements with follow up Gary McAlpin noted staff/stakeholders will investigate the issues identified today (and any others) and report at the next meeting. Commissioner Hiller noted she spoke to Ryan Moreau and he encouraged anyone with questions to contact him at 850-410-0656 ext. 17376 or email ryan.moreau@myfwc.com VIII. Next Meeting Date/Location Wednesday, February 23,2011; Risk Management Training Room, 3311 Tamiami Trail East, Naples The Discussion ended at 11 :00 A.M. 4 Collier County Government Communication & Customer Relations 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Contact: 239-252-8848 www.collien!Ov.net www.fwittcr.com/CollicrPI 0 www.facebook.com/CollicrGov www.voutubc.com/CollicrGov February 28, 2011 FOR IMMEDIA TE RELEASE NOTICE OF PUBLIC MEETING CLAM BAY MARKER DISCUSSION COLLIER COUNTY, FLORIDA TUESDAY MARCH 15,2011 1:00 P.M. Notice is hereby given that a public meeting will be held to review and discuss Clam Bay Markers on Tuesday, March 15th, at 1:00 p.m. in the Human Resource Training Room 208, Collier County Government Center, 3309 Tamiami Trail East, Naples. Two or more members of the City of Naples City Council, City of Marco Island City Council, Tourist Development Council and the Pelican Bay Services Division may be present and may participate at the meeting. The subject matter of this meeting may be a future item for discussion and action at these Board meetings. In regard to the public meeting: All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board/committee prior to the meeting if applicable. All registered public speakers will be limited to three minutes unless permission for additional time is granted by the chairman. Collier County Ordinance No. 2004-05 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners, an advisory board or quasi-judicial board), register with the Clerk to the Board at the Board Minutes and Records Department. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East. Suite 10 I, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. For more information, call Gail Hambright at (239) 252-2966. -End-