Loading...
Agenda 05/09/2017 Item #11C05/09/2017 EXECUTIVE SUMMARY Recommendation that the Board authorizes staff to work with the Florida Fish and Wildlife Conservation Commission (FWC) to review and update local unincorporated Collier County boater safety zones, to bring back to the Board proposed changes to these rules and regulations, and to conduct 4 public workshops to make the public aware of this initiative. OBJECTIVE: To evaluate and update the Collier County Boater Safety Zone Designations throughout unincorporated Collier County, working with the Florida Fish and Wildlife Conservation Commission (FWC), the public, boaters, marine industry groups and other local jurisdictions. CONSIDERATIONS: Collier County’s waterways have speed zones that are set based on both State manatee protection zones and local County boater safety zones (BSZ). The FWC directed Collier County to establish a local Manatee Protection Plan (MPP) which would identify specific waterway speed zones in an effort to minimize the loss of manatee populations due to boater/manatee collision. The County’s MPP was approved by the State in 1995. In 2016, FWC initiated coordination with Collier County, the public and various stakeholders through a series of meetings and workshops to update the MPP and its associated speed zones based on newly collected data since the 1995 approval. The result of that initiative has led to proposed changes to some of Collier County’s waterway/manatee speed zones. The proposed changes were approved pending appeal by the FWC Commission on April 20, 2017. In water construction of the new manatee speed zone signage by FWC’s waterways division is anticipated to be completed in 2018. Given the future updates to Collier County’s MPP and associated speed zones, the Coastal Zone Management section is recommending to use this as an opportunity to re-evaluate the current Collier County BSZ’s as well. These zones are required to be evaluated for consistency with Florida State Statutes, specifically 327.46 (1) (b) which provides the criteria by which boater safety zones may be established. Any proposed BSZ must be permitted through FWC’s boater safety section in order to be valid and legally enforceable by local and state law enforcement. A valid County ordinance describing the boater safety zone must also be consistent with Florida State Statute 327.46 (1) (b). In addition, the proper signage must then be posted on the waterways displaying the required speed, the County ordinance, and the associated valid FWC permit number and statute. CZM staff has had preliminary discussions with FWC regarding historical boater safety zones in Collier County dating back to the 1970’s, and FWC has agreed to work with CZM to update these zones. Since this initiative will involve significant time and effort to properly complete, staff is requesting that the Board first grant approval to begin the local boater safety evaluation and update initiative. This first proposal will also provide background and details of the evaluation. Once the evaluation is conducted, staff will go back to the Board a second time and propose draft amended ordinances and resolutions for Board review. The final draft ordinances and resolutions will include any Board recommended changes and will be subject to approval by 11.C Packet Pg. 447 05/09/2017 FWC prior to implementation. Staff is recommending that a total of four (4) public workshops will be held to make the public aware of this initiative, the proposed BSZ’s changes and the final proposed ordinances. These workshops will educate the public on proposed changes, receive comments and feedback and summarize the proposed changes prior to presenting to the Board. FISCAL IMPACT: The fiscal impact will be limited to staff time related to the evaluation and updating of the Collier County Boater Safety Zone Designations and advertising the proposed ordinance (approximately $400). GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. Many of the County’s rules and regulations regarding speed zones date back to the 1970’s. Given that the County, working with the State, is updating its Manatee Protection Plan, this is an opportune time to review all of the boater safety rules and regulations within unincorporated Collier County. This item requires majority vote for Board approval. This item is approved as to form and legality and requires majority vote for approval. - CMG RECOMMENDATIONS: That the Board authorizes staff to work with the FWC to review and update local unincorporated Collier County boater safety zones, to bring back to the Board proposed changes to these rules and regulations, and to conduct 4 public workshops to make the public aware of this initiative. Prepared By: Chris D’arco and J. Gary McAlpin. P.E., Coastal Zone Management, Capital Project Planning, Impact Fees and Program Management Division ATTACHMENT(S) 1. ES Boater speed zone Update (7) (PDF) 11.C Packet Pg. 448 05/09/2017 COLLIER COUNTY Board of County Commissioners Item Number: 11.C Doc ID: 2989 Item Summary: Recommendation that the Board authorizes staff to work with the Florida Fish and Wildlife Conservation Commission (FWC) to review and update local unincorporated Collier County boater safety zones, to bring back to the Board proposed changes to these rules and regulations, and to conduct 4 public workshops to make the public aware of this initiative. (Gary McApin, Manager - Coastal Management Programs, Capital Project Planning, Impact Fees and Program Management Division) Meeting Date: 05/09/2017 Prepared by: Title: Accountant – Capital Project Planning, Impact Fees, and Program Management Name: Gail Hambright 04/05/2017 1:39 PM Submitted by: Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program Management Name: Amy Patterson 04/05/2017 1:39 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Division Reviewer Completed 04/06/2017 2:50 PM Growth Management Operations Support Allison Kearns Additional Reviewer Completed 04/07/2017 10:49 AM Capital Project Planning, Impact Fees, and Program Management Tara Castillo Additional Reviewer Completed 04/11/2017 1:33 PM Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 04/12/2017 10:55 AM Zoning Gary McAlpin Additional Reviewer Completed 04/12/2017 12:38 PM Growth Management Department Gail Hambright Level 2 Division Administrator Skipped 03/30/2017 2:23 PM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 04/13/2017 8:46 AM Growth Management Department James French Additional Reviewer Completed 04/18/2017 5:13 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/18/2017 5:06 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/19/2017 2:05 PM Grants Therese Stanley Additional Reviewer Completed 04/28/2017 2:06 PM Budget and Management Office Ed Finn Additional Reviewer Completed 05/02/2017 9:28 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 05/02/2017 10:35 AM Board of County Commissioners MaryJo Brock Meeting Pending 05/09/2017 9:00 AM 11.C Packet Pg. 449 EXECUTIVE SUMMARY Recommendation that the Board authorizes staff to work with the FWC to review and update local unincorporated Collier County boater safety zones, to bring back to the Board proposed changes to these rules and regulations, and to conduct 4 public workshops to make the public aware of this initiative. OBJECTIVE: To evaluate and update the Collier County Boater Safety Zone Designations throughout unincorporated Collier County, working with the Florida Fish and Wildlife Conservation Commission (FWC), the public, boaters, marine industry groups and other local jurisdictions. CONSIDERATIONS: Collier County’s waterways have speed zones that are set based on both State manatee protection zones and local County boater safety zones (BSZ). The FWC directed Collier County to establish a local Manatee Protection Plan (MPP) which would identify specific waterway speed zones in an effort to minimize the loss of manatee populations due to boater/manatee collision. The County’s MPP was approved by the State in 1995. In 2016, FWC initiated coordination with Collier County, the public and various stakeholders through a series of meetings and workshops to update the MPP and its associated speed zones based on newly collected data since the 1995 approval. The result of that initiative has led to proposed changes to some of Collier County’s waterway/manatee speed zones. The proposed changes were approved pending appeal by the FWC Commission on April 20, 2017. In water construction of the new manatee speed zone signage by FWC’s waterways division is anticipated to be completed in 2018. Given the future updates to Collier County’s MPP and associated speed zones, the Coastal Zone Management section is recommending to use this as an opportunity to re -evaluate the current Collier County BSZ’s as well. These zones are required to be evaluated for consistency with Florida State Statutes, specifically 327.46 (1) (b) which provides the criteria by which boater safety zones may be established. Any proposed BSZ must be permitted through FWC’s boater safety section in order to be valid and legally enforceable by local and state law enforcement. A valid County ordinance describing the boater safety zone must also be consistent with Florida State Statute 327.46 (1) (b). In addition, the proper signage must then be posted on the waterways displaying the required speed, the County ordinance, and the associated valid FWC permit number and statute. CZM staff has had preliminary discussions with FWC regarding historical boater safety zones in Collier County dating back to the 1970’s, and FWC has agreed to work with CZM to update these zones. Since this initiative will involve significant time and effort to properly complete, staff is requesting that the Board first grant approval to begin the local boater safety evaluation and update initiative. This first proposal will also provide background and details of the evaluation. Once the evaluation is conducted, staff will go back to the Board a second time and propose draft amended ordinances and resolutions for Board review. The final draft ordinances and resolutions will include any Board recommended changes and will be subject to approval by FWC prior to implementation. Staff is recommending that a total of four (4) public workshops will be held to make the public aware of this initiative, the proposed BSZ’s changes and the final proposed ordinances. These workshops will educate the public on proposed changes, receive comments and feedback and summarize the proposed changes prior to presenting to the Board. 11.C.1 Packet Pg. 450 Attachment: ES Boater speed zone Update (7) (2989 : Boater Safety Zone Designations) FISCAL IMPACT: The fiscal impact will be limited to staff time related to the evaluation and updating of the Collier County Boater Safety Zone Designations and advertising the proposed ordinance (approximately $400). GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. Many of the County’s rules and regulations regarding speed zones date back to the 1970’s. Given that the County, working with the State, is updating its Manatee Protection Plan, this is an opportune time to review all of the boater safety rules and regulations within unincorporated Collier County. This item requires majority vote for Board approval. This item is approved as to form and legality and requires majority vote for approval. - CMG RECOMMENDATIONS: That the Board authorizes staff to work with the FWC to review and update local unincorporated Collier County boater safety zones, to bring back to the Board proposed changes to these rules and regulations, and to conduct 4 public workshops to make the public aware of this initiative. Prepared By: Chris D’arco and J. Gary McAlpin. P.E., Coastal Zone Management, Capital Project Planning, Impact Fees and Program Management Division 11.C.1 Packet Pg. 451 Attachment: ES Boater speed zone Update (7) (2989 : Boater Safety Zone Designations)