Loading...
Agenda 09/22/1989 1 H PARKS AND RECREATION ADVISORY BOARD AGENDA SEPTEMBER 22 , 1989 The Parks and Recreation Advisory Board meeting will be held on Friday, September 22 , 1989, 8 : 30 a.m. in the Parks and Recreation Administration Building, Conference Room, 3300 Santa Barbara Boulevard. I . Call to Order II. Approval of August 17 , 1989 Minutes III . Applicants for PARAB Immokalee Vacancy IV. Staff Reports CA. Guidelines for PARAB B. Discussion of Beach and Water Safety Ordinance C. Parking Meters/Attendants - Beach Locations D. Stenographer for PARAB Meetings V. Communications VI. Unfinished Business A. Review Action List VII. General Considerations VIII. Public Presentations IX. Adjournment 1379 • ACTION LIST SEPTEMBER 22 , 1989 1. Bluebill Boat Ramp BCC approved 6/13/89 . Still pending. 2 . Willow Run Proposal Indefinite hold. To be discussed at budget workshops. 3 . Continuation of Wilson, BCC approved 8/29 . 5/0 Miller, Soll and Peek Contract. 4 . Immokalee Board Vacancy Interviewing applicants 9/22/89. 5. Construction of Two BCC approved 8/29. Tennis Courts at Awarded McGovern NNCP Construction Corp. Bid 89-1448 for $54,777. 6. Domesticated Animals in BCC recommended staff, Parks. 8/22 , amend Section 3 M Ord.76-48 to allow domesticated animals within park boundaries. 1375 47" SEPTEMBER 22 , 1989 MEETING OF PARAB AMENDMENT Minutes approved as amended. Motion carried unanimously. Mr. McQuillin wishes the following sentence included in the Minutes. Mr. McQuillin reviewed comments made by Mr. Mark Barr, Beach Vendor at the Marco Marriott Hotel, relating to distribution of corridors under the subject of Beach and Water Safety Ordinance. 1657/cfd MINUTES PARKS AND RECREATION ADVISORY BOARD SEPTEMBER 22 , 1989 GOLDEN GATE COMMUNITY PARK ADMINISTRATION BUILDING CONFERENCE ROOM Present: Chairman Scott McQuillin Messrs. Kim Kobza Gil Mueller Absent: Vice Chairman Charles Stevens Also Present: Kevin O'Donnell, Public Services Administrator Cliff Crawford, Parks and Recreation Director Jean Egan, Parks and Recreation Bookkeeper Mr. Arthur Jacob, President Vanderbilt Beach Property Owners Association Mr. Mark Smith, Beach Vendor at Marco Island Marriott I. Meeting called to order 8 : 38 a.m. II. Approval of Minutes - Mr. Mueller moved, seconded by Mr. Kobza and carried unanimously, that the minutes of August 17, 1989 be approved and submitted. III . Applicants for PARAB Immokalee Vacancy - Mr. Kobza moved, seconded by Mr. Mueller to recommend Mrs. Cherryle Thomas to the vacant position. Motion carried unanimously. IV. Staff Reports A. Guidelines for PARAB to be discussed at October meeting per Mr. McQuillin. B. Discussion of Beach and Water Safety Ordinance - Corridors will be established administratively as needed. No corridors have been established to date. Staff will keep PARAB updated. Information from St. Petersburg and Fort Lauderdale in regard to corridors and beach vendors will be obtained by Mr. Crawford. Mr. Jacob suggested using volunteers on the beach to help. Mr. O'Donnell will speak with Mr. Jacob and Mr. Crawford will discuss with the Park Ranger staff to investigate a volunteer program. Mr. O'Donnell will ask Mr. Wiegel to attend the next PARAB meeting when this is discussed in order to explain what is happening with the Ordinance. Mr. Kobza moved to accept this proposal; Mr. Mueller seconded and it passed unanimously. PARAB Minutes September 22 , 1989 C. Parking Meters/Attendants - Beach Location - After much discussion Mr. McQuillin suggested that PARAB think about beach parking meters/attendants and bring those thoughts to next meeting. Mr. McQuillin will bring Mr. Stevens up to date. D. Stenographer for PARAB Meetings - To save staff time PARAB has accepted an offer to peruse an abridged version of the minutes. V. Communications - Definition of "communications" according to Mr. O'Donnell is any written correspondence that comes from the general public or anyone that should be brought to the attention of PARAB. A. Letter from Citizens Association of Bonita Beach. (Copy attached) VI. Unfinished Business A. Review Action List Bluebill Boat Ramp - Appraisals received 09/21/89 . There is a concern as to the ownership of the 3 . 5 acre site. This matter is being reviewed by the County Attorney's office. VII. General Considerations A. Renewal of R&B ground maintenance contact. Out for bid next year. Mr. Mueller moved, seconded by Mr. Kobza to accept the agreement. Motion carried unanimously. B. Capital Budget - Two community centers were deferred to FY 1991. C. Department sponsoring a "Drug Buster Bash" at Sparkler's for young people. D. Department recognized by FRPA. Steve Peffers recognized personally by FRPA. Mr. Crawford will be on the state legislative committee for FRPA and will serve as district director of FRPA next year. E. East Naples Community Park not yet accepted by County. Punch lists not finished. Meeting adjourned at 1: 30. cfd/ CITIZENS ASSOCIATION OF BONITA BEACH CABB /V P.O. BOX 1821 4. BONITA SPRINGS, FLORIDA 33959 SEPTEMBER 20 , 1989 MR . KEVIN O' DONNELL ADMINISTRATOR OF COMMUNITY SERVICES COLLIER COUNTY NAPLES , FLORIDA DEAR MR . O 'DONNELL : RE : PARKING/ADMISSION FEES COLLIER COUNTY BEACHFRONT PARKS DUE TO A PRIOR COMMITMENT, I AM UNABLE TO ATTEND THE WORKSHOP BEING HELD AT 8 : 30 A . M . ON FRIDAY SEPTEMBER 22 IN GOLDEN GATE FOR THE PARKS AND RECREATION ADVISORY BOARD . IT IS MY UNDERSTANDING THAT YOU WILL BE CONSIDERING THE PLACEMENT OF PARKING METERS AT THE BEACHFRONT PARKS WHICH CURRENTLY DO NOT HAVE SUCH . A FEE STRUCTURE . AS YOU KNOW THE ASSOCIATION WHICH I REPRESENT IS OPPOSED TO ANY SUCH LEVY AND HAVE PUBLICLY AT PRIOR COMMISSION MEETINGS OPPOSED THEM . IN MY ABSENCE, I WOULD APPRECIATE IT IF YOU WOULD READ TO THE PEOPLE IN ATTENDANCE AND MAKE A PART OF THE RECORD THE LETTER WHICH WAS SENT ON AUGUST 8 OF THIS YEAR TO COMMISSION CHAIRMAN BURT L. SAUNDERS (COPY ENCLOSED) , A LIKE COPY OF WHICH WAS ALSO MAILED TO THE OTHER FOUR COMMISSIONERS WHICH EXPRESSES OUR FEELINGS . THANK YOU FOR INTERVENING FOR US ; AND CONSIDERATION ON THE PART OF YOURSELF AND OTHER MEMBERS OF THE ADVISORY BOARD WOULD BE VERY MUCH APPRECIATED . VERY TRULY YOURS_, MW MARJORIE F. WARD ENC . PRESIDENT /- DAVID W. WARD ----_� VICE PRESIDENT RECEIVED I ' 2 1 1999 £ublic Services Div. CITIZENS ASSOCIATION OF BONITA BEACH CABB P.O. BOX 1821 - Y . BONITA SPRINGS, FLORIDA 33959 AUGUST 8 , 1989 COMMISSION CHAIRMAN BURT L . SAUNDERS COLLIER COUNTY COMMISSION COLLIER COUNTY COMPLEX NAPLES , FLORIDA 33962-4977 DEAR BURT : RE : PARKING/ADMISSION FEES COLLIER COUNTY BEACHFRONT PARKS You AND YOUR ASSOCIATES ARE AWARE OF THE FACT THAT OUR ASSOCIATION WHICH FORMED OVER 4 YEARS AGO DID SO INITIALLY IN OPPOSITION TO FEES FOR PARKING OR ADMISSION TO BEACHFRONT PARKS IN BOTH LEE AND COLLIER COUNTIES . Two YEARS AGO WE PRESENTED THE COMMISSION WITH OVER 2 , 605 COLLIER RESIDENT SIGNATURES IN OPPOSITION TO FEES IN COLLIER COUNTY AND OBJECTED WHEN THE CITY OF NAPLES DECIDED TO INSTIGATE FEES . OUR LATEST APPEARANCE BEFORE YOU WAS ON MARCH 14 OF THIS YEAR WHICH FOLLOWED OUR WRITING LETTERS TO 3 EACH OF THE COMMISSIONERS PERSONALLY.(ow AT THAT TIME IT WAS DECIDED TO HAVE THE PARKS DEPARTMENT DO A FINANCIAL INQUIRY TO FIND OUT JUST EXACTLY "HOW MUCH" MONEY WAS BEING MADE OR LOST ON THESE BEACHFRONT PARKS WHEN THE COST TO INSTIGATE AND MAINTAIN FEES WAS COMPARED TO THE INCOME DERRIVED THEREFROM. SHORTLY THE BUDGET FOR THIS COMING YEAR WILL BE REVIEWED, AT WHICH TIME YOU WILL BE CONSIDERING FURTHER YOUR DECISION FOR THE UPCOMING YEAR . OUR NON-PROFIT VOLUNTEER ASSOCIATION , WHICH NOW HAS WELL OVER 1 , 500 MEMBERS , IN BOTH COLLIER AND LEE COUNTIES IS AND ALWAYS HAS BEEN CONCERNED WITH THE PROTECTION OF OUR "FREE" ACCESSES TO THE GULF FOR THE PUBLIC . LAST YEAR OUR GOVERNOR AND CABINET WENT ON RECORD IN OPPOSITION TO BEACH ACCESS FEES SINCE OUR BEACHES ARE OUR SOVEREIGN LANDS HELD BY THE GOVERNOR AND CABINET IN TRUST FOR THE PUBLIC . THIS MEANS NOT ONLY FREE ACCESS BUT FREE PARKING SINCE IT IS ALMOST IMPOSSIBLE FOR ANY MEMBER OF THE PUBLIC TO ACCESS THE BEACHES EXCEPT BY CAR UNLESS THEY ARE AMONG THE FORTUNATE FEW WHO ALREADY LIVE THERE . WE HAVE REQUESTED ALTERNATIVE METHODS OF FINANCING AND SUGGESTED THE "BED TAX" PREVIOUSLY ALTHOUGH IT SEEMS EVERY TIME WE PICK UP A PAPER SOMEONE HAS ALREADY USURPED ANY SUCH MONEY FOR SOME OTHER REASON . WE DO FEEL VERY STRONGLY, AND HAVE HAD IT SUBSTANTIATED IN MANY CASES THAT ANY FEE STRUCTURE INSTIGATED CAUSES A "BREAK EVEN" AT BEST AND IN MOST INSTANCES GOING INTO THE "RED" 2 INSTEAD . WE KNOW YOU HAVE BEEN TOLD THAT AT VANDERBILT WHERE PARKING IS WITH METERS THAT OFTENTIMES THE METERS ARE WITHOUT CARS WHILE PEOPLE PARK IN FRONT OF PRIVATE PROPERTY . AT CLAM PASS I 'VE BEEN TOLD THAT 2 CARS WERE IN THE PARKING LOT IN MARCH (STILL TOURIST SEASON ) WHICH PROVES PEOPLE BACK AWAY OF FEES . YOU KNOW OUR ASSOCIATION HAS FOR OVER 4 YEARS DONE THE DAILY PICK-UP 365 DAYS OF THE YEAR (WITH TRIPLE CREWS ON SPECIAL HOLIDAYS ) COVERING BEACH , PICNIC AREA , AND PARKING LOT AT THE TWIN PARKS OF COLLIER (BAREFOOT) AND LEE (BONITA BEACH) BECAUSE OF OUR PRIDE IN THESE BEACHES AND BY KEEPING THE COST TO THE COUNTIES DOWN WE HAVE BEEN ABLE TO KEEP THIS ENTIRE BEACH SECTION "FREE" TO ALL WHICH WE FEEL IS THEIR INALIENABLE RIGHT . FROM THE COUNTY STANDPOINT, EACH COUNTY WISHES TO ATTRACT TOURISTS WHICH THE "BEACHES" ARE THE #1 ATTRACTION . WE FEEL ALL BEACHES SHOULD BE FREE ; BUT WE 'D LIKE TO ESPECIALLY REMIND YOU OF THE LABORS DONE AT BAREFOOT AND THE FACT THAT THIS PARK AND PARKING LOT COST COLLIER COUNTY NOTHING SIT WAS COVERED IN THE PUD)--PLEASE YOUR CONTINUED SUPPORT OF THIS CONCEPT AND PLEDGE IN RETURN FOR OUR CONTINUED DEDICATION . ON BEHALF OF ALL BEACHGOERS , WE THANK YOU--AND I 'D VENTURE TO SAY THE TAXPAYERS SHOULD ALSO BECAUSE ANY CONTINUED FEE STRUCTURE WILL ONLY COST THEM MORE . VERY TRULY YOURS , MARJOR IE F. WARD PRESIDENT MFW DAVID W. WARD VICE-PRESIDENT D R A F T GUIDELINES COLLIER COUNTY PARKS AND RECREATION BOARD SEPTEMBER 1989 ARTICLE I - Membership Sec. 1 Pursuant to the authority of the Board of County Commissioners, Collier County, Florida, and as provided by Florida Statutes, the Collier County Parks and Recreation Advisory Board shall consist of five (5) members appointed in increments of two and three each by the Board of County Commissioners to serve for four years commencing on appropriate odd numbered years. Sec. 2 Members shall attend meetings regularly and serve as officers of the Parks and Recreation Advisory Board to which they may be appointed. In accordance with Board of County Commissioners policy, if an advisory board member misses three (3) consecutive meetings without prior approval, he will be considered terminated from the advisory board. Replacements shall also be appointed in accordance with Board of County Commissioners policy. ARTICLE II - Officers Sec. 1 At the annual meeting (October) each year, the board members will select from among their number a Chairman and a Vice Chairman to take office at the next regular meeting and serve for one year, with eligibility for re-election. Sec. 2 The Chairman shall preside at all meetings, authorize calls for any special meetings and generally perform the duties of presiding officer. Sec. 3 The Chairman shall be empowered to call a special election to fill any officer vacancy. Sec. 4 The Vice Chairman shall serve in the absence of the Chairman. Sec. 5 The department staff shall keep a true and accurate account of all proceedings of regular board meetings and, on authorization by the Chairman, of any special meetings, shall have custody of the minutes and other records of the board and shall notify the Chairman when a vacancy occurs. ARTICLE III - Duties Sec. 1 Functions, powers and duties of the Parks and Recreation Advisory Board shall be as follows: A. Act in an advisory capacity to the Board of County Commissioners in policy matters relating to Parks and Recreation affairs. B. To respond to citizen interests or inquiries relating to Parks and Recreation activities. C. To promote citizen awareness and encourage community understanding of the Parks and Recreation Department. D. Identify, study, evaluate and provide recommendations to the Board of County Commissioners on policy matters relating to Parks and Recreation. E. To accept policy study assignments from the Board of County Commissioners and present such recommendations to the Commission for action. ARTICLE IV - Parks and Recreation Director Sec. 1 The Parks and Recreation Director will have charge of the administration of the Department under the direction and approval of the Public Services Division Administrator. Sec. 2 The Director will assure the care of buildings and equipment, direction of the staff, quality of the department's services and operation of the Parks and Recreation department under the financial conditions set forth in the annual budget. ARTICLE V - Meetings Sec. 1 The regular meeting of the Parks and Recreation Advisory Board shall be held at the call of the Chairman on the third Thursday of each month at the Parks and Recreation Administration Building, Golden Gate Community Park or other date and location approved by the board and properly advertised to the public. Sec. 2 The annual meeting shall be held immediately following the close of the regular meeting in October at the same place. Sec. 3 The Chairman may call special meetings when he deems it necessary, or shall call such meetings upon the written request of two board members for the transaction of only that business stated in the call. ir Sec. 4 All meetings of the Parks and Recreation Advisory Board are held in conformance with the provisions of Chapter 286, Florida Statutes. Sec. 5 Three members shall constitute a quorum for the transaction of all business of the board. Sec. 6 The order of business for regular meetings shall be: Call to Order Approval of Minutes Staff Report Communications Unfinished Business General Considerations Public Presentations Adjournment Sec. 7 Robert's Rules of Order, latest revised edition, shall govern the parliamentary procedure of the board in all situations not covered by these bylaws. ARTICLE VI - Guidelines Sec. 1 The board will annually review in October all guidelines in force. Sec. 2 Amendments to these guidelines may be proposed by majority vote at any meetings at which a quorum is present, provided the proposed amendments were stated in the call for the meeting. These guidelines and amendments thereto will take effect upon affirmation by the Board of County Commissioners. Date: Scott McQuillin, Chairman Parks and Recreation Advisory Board Collier County Naples, Florida Date: Burt L. Saunders, Chairman Board of County Commissioners Collier County Naples, Florida c . ORDINANCE NO. 89- 11 .f4 AN ORDINANCE RELATING TO BEACH & WATER SAFETY AND VESSEL CONTROL; PROVIDING FOR INTENT AND PURPOSE; PROVIDING TITLE AND CITATION; SETTING FORT!! APPLICABILITY AND DEFINITIONS; PROVIDING FOR REGULATION OF USE AND CONDUCT ON THE BEACH; `- " ;` PROVIDING FOR VESSEL REGULATION; PROVIDING FOR REGUI,A't'I oN OF CONCESSION OPERATIONS, EQUIPMENT . RENTALS AND VENDORS ON THE BEACH AND ADJOINING WATERS ; PROVIDING FOR PENALTIES; PROVIDING FUR ENFORCEMENT; PROVIDING FOR REPEAL OF ORDINANCE`; ltO. 81.-1.1. AND NO. 85-6 ; PROVIDING FOR COtNFI,I.C'L' AND SEVERABILITY; AND PROVIDING AN EFFEC'T'IVE DATE. WHEREAS, the recreational use of the public beaches is a treasured asset of this County which is afforded to the public at large, including residents of and visitors to the County; and WHEREAS, the manner, mode, type and degree of uses to which the public beaches and adjoining waters are placed by the public affects the health, safety and welfare as well as right to enjoyment thereof by the individuals occupying or using said beaches and waters for recreational ur oses as p p well as those residing nearby; and WHEREAS, the operation of boats and other watercraft in • excess of idle speed poses a threat to the health, safety and, • welfare of swimmers and others who are located offshore .Cromw1-' beaches and shorefront bathing areas; and - ' • WHEREAS, it is necessary that the speed and operation of( ' aircraft, boats and watercraft located offshore from beaches and Tforrefront bathing areas be controlled in order to protect the , , safety and welfare of the citizens of Collier County and visit-rrs to Collier County; and LI ::WHEREAS, it Is in the interest for the safety and welfare of 4C: n= the pwblir; that certain controls and regulations be enacted to reduce risk of injury to the public and ensure the enjoyability of these natural resources by the general public. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIOIIERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: INTENT AND PURPOSE It is the intent and purpose of this Ordinance to protect and promote the health, safety and welfare of the public at 1 4 • large, including residents and visitors to Collier County by providing reasonable regulation of the public's use and conduct on the beach and adjoining waters of Collier County, including the designation of specific areas within which the operation of aircraft and vessels may be regulated or prohibited. It is D..u: t=her intended that this Ordinance shall be liberally construed • to effect such intent and purpose. SECTION TWO: TITLE AND CITATION This Ordinance shall be known and be cited as the "Collier County Beach & Water Safety and Vessel Control Ordinance" . SECTION THREE: APPLICABILITY This Ordinance shall apply to and be enforced in the unincorporated area of Collier County, including Key Island, Marco pslnnd, Sand Dollar Island and Little Hickory Island, but shall not apply to the other barrier islands within Collier County jui lsdiction. SECTION FOUR: DEFINITIONS For the purposes of this Ordinance, the following words shall be defined as set forth below: A. AIRCRAFT - means any motor vehicle or contrivance now known or hereinafter invented, which is used or designed for navigation of or flight in the air, except a parachute or other contrivance designed for such navigation but used primarily as safety equipment. The term "aircraft" shall include ultralight aircraft and seaplanes. B. • A-WEIGIH'T'ED SCALE or SOUND LEVEL - The sound pressure level in decibels as measured on a sound level (.7 meter using the A-weighted network. The level so read is designated dBA. C. BATHER - means any person who is in the • same water as a vessel , whether said person is swimming, wading or engaged in any other activity in the water. I). . BATHING AREA - means any area of the beach and adjoining waters in which bathers are located ' or may be - 2 - • 4 ' • located, whether or not designated by signs or other form of notification. E. BEACH - the soft sand portion of land lying seaward of a seawall or line of permanent vegetation and seaward of the mean high water line. F. nLOODBAITHIG - the use of blood or bloody fish parts to attract sharks. G. CAMPING - The erection of shelter or similar structures for the purpose of sleeping or lying upon the beach either under or outside of any shelter, vehicle, bedroll, blanket, or other protective garb. H. ciTUMMING - The throwing of bait or fish parts into the water to attract fish. I. COLLIER COUNTY or COUNTY - shall mean the unincorporated IC: area of Collier County, Florida. J. DECIBEL (dBA) - A unit for describing the amplitude of sound, equal to twenty (20) times the logarithm to the base ten ( 10) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty ( 20) micronewtons per square meter . K. GULF - The Gulf of Mexico. L. IDLE SPEED - means the lowest speed at which a vessel or sailcraft can operate and maintain steering control . M. .JET SKI - any personal water craft designed exclusively for the riding enjoyment of one or two persons, • being propelled by propellers or by a jet pump with a fully enclosed impeller and not weighing over 350 pounds or having a length greater than 10 feet . The term jet ski for purposes of this Ordinance shall include "sea sleds, " "dolphin boats , " "wave runners, " or other such product name meeting the description herein provided. - 3 - N. LICENSE or LICENSED - as used herein means a Collier County Occupational License or having such license. O. OPERATE or OPERATION - means to navigate or otherwise use any aircraft or vessel in or on the water. P. PERMIT - Beach Vendor's Permit issued by the County. Q. RAFTS, FLOATS, AND FLOTATION DEVICES - Any device, whether of canvas, vinyl, rubber, styrofoam or other substance, intended or capable of assisting in the floatation of a person on or in the water of the Gulf of Mexico. The term shall not include vessels or sailcraft, but shall include body boards unless the context clearly indicates otherwise. R. SAILCRAF'T - a wind-propelled vehicle used or capable of being used as a means of transportation on or in the water, including sailboats, sailboards and windsurfboards. S. SEAPLANE; - means any aircraft as defined herein that is capable of landing and/or lifting off from a water surface, T. SOLICIT OR CANVASS - Any act, delivery, or exchange not initiated by the prospective customer or which directs attention to any business, mercantile or commercial establishment, or any other commercial activity, for the purpose of directly or indirectly promoting commercial intetests through sales, rentals, or any exchange of value . U. SURFING - Surfing means the riding or paddling of a surfboard within the waters of the Gulf of Mexico abutting or adjacent to the beach. V. ULTRALIGIII' AIRCRAFT or ULTRALIGIIT - means any heavier.--than-air, motorized aircraft which meets the criteria for maximum weight, fuel capacity and airspeed established for such aircraft by the - 4 - • • Federal Aviation Administration under part 103 of the Federal Aviation Regulations. W. VESSEL - means a motor propelled or artificially propelled vehicle and every other description of boat, watercraft, barge, and airboat other than a seaplane on the water, used or capable of being used as a means of transportation on or in the water, including jet skis. SECTION FIVE: REGULATION OF USE AND CONDUCT ON THE BEACII A. Possession of Glass Containers Prohibited. It shall be unlawful for any person while on the beach or beach access areas to possess or utilize any glass bottle or container. B. Restrictions on Animals on Beach. It shall be unlawful for any person owning or have under his control any animal, to permit such animal upon the beach, except guide dogs accompanying visually impaired persons or hearing ear dogs accompanying hearing impaired persons shall be allowed on the beach at all times. C. Open Fires Prohibited; Heated Objects to be Disposed of Properly. I t shall be unlawful for any y. y person to have an open fire on the beach. Said prohibition shall not include a stove or grill where so designated and posted by the County Parks and Recreation IDepartment. It shall be unlawful for any person to dispose of any coals, briquets, embers or other heated object from any stove or grill at the beach in other than a County designated receptacle. D. Overnight Camping Prohibited. It shall be unlawful to camp overnight on the beach. E. Fishing. It shall be unlawful for'any person while on the beach or within 1 , 000 feet from shore to intentionally fish for sharks or to fish by those methods commonly known as "chumming" 0) "bloodba.i.ti.t►g. " Nothing herein shall be cons t rued to create a duty of any sort on the part of any law enforcement officer or county employee to prevent fishing or to warn of the presence of sharks in the Gulf of Mexico. - 5 - Vf, r F. Throwing of Balls, Frisbees, or other Objects. It shall be unlawful for any person to throw any ball, frisbee, or other object through any bathing area after having been warned by any law enforcement officer that such activity interferes with or endangers the movement of pedestrian traffic or public safety. G. Swimming. No person except a person actually engaged in a rescue attempt shall: ( 1 ) swim or bathe within 150 feet measured in any direction from a pier or jetty; ( 2 ) swim or bathe in any area posted exclusively for vessel and/or sailcraft use. H. Use of rafts, floats, and other flotation devices. No • person shall: • ( 1 ) use any raft, float, body board, or other flotation device of any description, except for a vessel or sailcraft, more than 500 feet from the water ' s edge. 1. operation of vessel or sailcraft while intoxicated. No person shall operate a vessel or sailcraft of any description , whether motorized or not, surf or otherwise use any other . . . equipment in the Gulf of Mexico when under the influence of an alcoholic beverage, any 9 or any chemical substance aS set forth in Section 877 . 111, Florida Statutes, or any substance controlled under Chapter 893 , Florida Statutes, to the extent that the person's normal faculties are impaired. J. Use of aircraft on beach or adjoining water prohibited. No person shall operate an aircraft, including seaplanes or ul.tralights, on or from the beach or the water within SOO feet of the water's edge. g• Soliciting and Canvassing Prohibited. There shall no solicitation or canvassing of the be public on the beach: ( 1 ) By other than licensed concessionaires of goods and services for use or consumption on the beach. No person other than a licensed concessionaire shall solicit or canvass for the sale or rental of merchandise, services, woods, or • property of any kind or character intender] fur use or consumption on the beach. ( 2 ) fly licensed concessionaires. No licensed concessionaire shall solicit or canvass for the sale or rental of any merchandise, services, goods or property of any kind or character except from within or within 10 feet of his licensed premises or vehicle. 6 - • • ( 3 ) By any person of goods and services for use or 111 consumption off the beach. No person shall solicit or canvass for the sale or rental of any merchandise, services, goods or property of any kind or character to be delivered or performed off the beach. L. Sound Amplification. No audio device, such as loudspeakers, television, radio, compact disc, tape, or record player, or musical instrument, except equipment used by law enforcement, rescue or beach safety personnel, shall be used on the beach in a manner: ( 1 ) that exceeds a noise level of 60 decibels (dBA) measured on the A-weighted scale at 25 feet from the sound source; or ( 2) that otherwise violates the Collier County Noise Control Ordinance. M. Breach of the Peace; Disorderly Conduct. No person shall commit such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of , persons who ma y witness them, or engage in brawling or fighting, or engage in such conduct as to constitute a breach of the peace or disorderly conduct. N. Removal of Beach Sand. No beach sand may be removed from the beach. O. bitter. It shall be unlawful for an 4 y person to discard or otherwise dispose of or abandon any trash garbage, bottles, containers, cans, dead fish or parts thereof, charcoal briquets or ashes, or any other litter, except in designated containers for that purpose. It is further unlawful to dispose of any household garbage on the beach. SECTION SIX: VESSEL REGULATION A. Operation of vessel in excess of idle speed prohibited. I411 ( I ) The operation of any vessel, or saiicraft, in excess of idle speed, as defined herein, in or on all waters of the Gulf of Mexico within five hundred feet ( 500 feet) offshore from all sandy beaches and shorefront bathing areas is hereby prohibited . Said prohibition shall be effective and enfot:ccable regardless of whether or not c area in designated by r h y apl�ropi:iat_-e sign, buoy �,�• other pul, l.ie, Notice. ( 2 ) Jet ski regulation. No person shall operate a jet ski : • - 7 - .1 H (a) closer than 500 feet perpendicular from the water's edge except to go to and from the shore or except in a vessel corridor designated under subsection ( 3 ) hereof nor shall proceed to that portion of the Gulf beyond 500 feet at a speed greater than merely necessary to effectively traverse the breaking water; (b) in an unsafe, reckless or careless manner endangering the life, limb, or property of any person. ( 3 ) Vessel corridors. The following areas of the Gulf adjacent to the beach closer than 500 feet from the shore may be designated as being exclusively for vessel use between dawn and dusk daily: (a) Those areas of Tigertail, Vanderbilt Beach and Clam Pass County Parks and such other parks and areas designated and posted by the County Parks and Recreation Department as vessel corridors or use areas. ( 4 ) Beach launch of vessels regulated. No person except a law enforcement officer, authorized emergency personnel, or other person actually engaged in a rescue attempt shall traverse the beach with a motorized boat or jet ski and launch such vessel from the beach from an unauthorized IC: launching area. (5) Water Skiing. No person(s) including the skier(s ) ' (anyone being towed on a line behind a vessel) and the vessel operator(s) shall water ski closer than 500 feet from the edge of the beach directly on the Gulf. ( 6) Sailcraft, including sailboats, windsurfboar:ds, and sailboards. No person shall operate a sailcraft closer then 500 feet perpendicular from the water' s edge where bathers are present: except to go to and from the shore by the most direct means possible in a safe and reasonable manner. (7) Regulated areas. No person shall operate a motorized vessel or sailcraft within an area which has been clearly marked by buoys or some other distinguishing device for bathing, swimming or which has been otherwise restricted by the County, provided that this subsection shall not apply in the case of an emergency or to a patrol or rescue craft. B. Vessel speed not to exceed reasonable speed under r.. existing conditions. Nothing contained in this Ordinance shall be construed to authorize or approve the speed of any vessel or sailcraft in excess of that which is reasonable and proper under the existing conditions or circumstances including, but not limited to, the presence of water skiers, bathers, fishermen, natural hazards or other water traffic. C. Exemptions. The following shall be exempted from the provisions of section six of this Ordinance: - 8 - ' • ;qtr '•.t 1 • ( 1) The provisions of this Ordinance shall not be construed to prohibit the operation, racing or exhibition of vessels or sailcraft during a publicly announced, properly authorized, supervised and adequately patrolled regatta, speed trial or exhibition. ( 2 ) The operators of Law Enforcement or rescue vessels or vessels operating under emergency conditions shall be exempted while conducting official duties or operating under emergency conditions. ( 3 ) Commercial fishing vessels are exempted while conducting fish netting operations, provided the operations are conducted in a safe and prudent manner and in accordance with Section Six (B) , Vessel speed not to exceed reasonable speed under existing conditions. Under no circumstances, however, shall commercial fishing vessels he operated at greater than idle speed within five hundred feet ( 500 feet) of bathers. SECTION SEVEN: REGULATION OF CONCESSION OPERATIONS EQUIPMENT RENTALS AND VENDORS ON THE BEACH AND ADJOINING WATERS The safety and welfare of the persons that reside nearby the County's beach areas and of the public that recreate on the beach and adjoining waters makes necessary and appropriate the following regulations: A. Beach Vendor Permit Requirement. Any person engaged in the rental , leasing, bailment for consideration, or otherwise providing transportation for remuneration, of motorized or wind-driven vessel( s) for use by the public on the beach or adjoining waters of Collier County, including jet skis and sailcraft, shall be required to obtain a "Beach Vendor Permit" from the County. A Beach Vendor Permit shall issue and be maintained upon the applicant paying such application fee therefor as established by the County by resolution and meeting the following requirements: ( 1 ) The applicant must have an operations office or headquarters located at a land-based location with direct access to the beach in the immediate area where the vessels are being provided for public use. ( 2 ) The applicant must have and maintain a telephone or marine radio at its land-based operations office. ( I ) The applicant must have a motorized chase boat with operational marine radio in good running condition that meets all U. S. Coast Guard safety, requirements kept at vessel rental site during all hours of applicant' s rental operations. - 9 - • ( 4) The applicant must have and maintain comprehensive general liability insurance with coverage not less than the amount of $500,000.00 combined Single Limits. ( 5 ) The applicant shall provide a list describing and indicating the Florida vessel registration number of each motorized vessel applicant shall place in service. Any motorized vessel placed in service for public use after a Beach Vendor' s Permit- has issued shall have a Florida vessel registration number affixed thereon. ( 6 ) The applicant shall provide proof of having minimally one operational life vest for each occupant space on each of the vessels to he offered for public use under Section Seven of this Ordinance. The applicant is required to obtain a County occupational license for its operations office required under Section Seven of this Ordinance. To obtain an occupational license, the applicant must provide proof of having a current, valid Beach Vendor' s Permit. B. Beach Vendor Permittee / Vessel User Regulations. ( 1) The rental or operation of a motorized vessel subject to the provisions of Section Seven of this • Ordinance is prohibited to anyone under sixteen ( 16 ) years of age except for those children between twelve ( 12 ) and sixteen ( 16 ) years of age who may operate such vessel provided that t.lie child ' s parent or an adult supervisor over the age of twenty-one ( 21 ) years operates another such vessel to accompany the child. It shall- be a violation of this Ordinance for any person to rent , lease or otherwise provide for money or money' s worth a motorized vehicle to anyone except as provided herein. ( 2 ) The renter, user, passenger of or on any vessel described in Section Seven shall have on hoard an operational life vest while using or having such vessel in the water, and it is a violation of this Ordinance for any such person( s ) using such vessel not to have a life vest on board . SECTION EIGHT: PENALTY Any owner, operator, or person in command of any vessel or aircraft or any other person who violates the provisions of this Ordinance or fails to comply with the requirements of this Ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined or imprisoned, or both, as provided by law, and in addition shall pay all costs and expenses incurred in the prosecution of such violation. In addition, and as as an alternative means of enforcement, Collier County may enforce the - 10 - • f' ' i . ' . provisions or requirements of this Ordinance by means of an available civil remedy before the a Y .r appropriate Code Enforcement Board or in a court of competent jurisdiction. SECTION NINE: ENFORCEMENT The provisions of this Ordinance shall be enforced by members of any duly authorized law enforcement agency or officers having jurisdiction in Collier County, Florida. SECTION TEN: REPEAL OF ORDINANCE NO. 81-11 AND NO. 85_6 This Ordinance supersedes and repeals Collier Co Ordinances No. 81-11 utrty and No. 85_6. SECTION ELEVEN: CONFLICT AND SEVERABILITy 1f In the event this Ordinance conflicts with any _ ( Ordinanee of Collier. Y other; County or other applicable shall law, the more apply. If any phrase o ordinance is held or portion of the invalid or unconstitutional by � (, � competent jurisdiction Y any court of such portion shall be - .�i distinct and independent provision and such deemed a separate, « .ni• affect the validity ctr li°ldin9 shall not y of the remaining ' SECTION 9 portion. ,. TWELVE: EFFECTIVE DATE r - t: This Ordinance shall take effect upon receipt the Secretary Pt of notice from ' Y of State that this Ordinance has been filed ir the Secretary of State. with PASSED AND DULY ADOPTED b Y the B ! . ' Board of County Commissioners of Collier County, Florida, this z-- day of F ��ru aLy- 1989. ATTESTit1 ''•' B JAMES C. ,GILES BOARD OF COUNTY COMMISSIONERS ' �, Clerk 2..."". OF COLLIER COUNTY, BY: B UR'1' L. SAUNDEI'ZS;' --- . • Approved as to form and c lr�i-irm� aii legal sufficiency; -1-4a,Z,Z . • David C. Wei a / _�- his ordinance filed with the Assistant County 14 ortie etory of State's Office fi o y 1._ day of7,h f-J9j! J and ocknawledo n o thot al}/g roceiv�� s day • - 11 - • MEMORANDUM TO: Parks and Recreation Advisory Board Ir FROM: Murdo Smith SUBJECT: / / Purchasing Policy DATE: September 15, 1989 Pursuant to your request. Attached is the appropriate section of the purchasing policy. This matter can be discussed under Item IV-A. MS/cfd Attachment 1382 4. • 8.04 CONTRACT RECUIRE:"EN S AND PROVISIONS .4 The Board of County Commissioners has established Contractual Insurance Provisions to be applied to purchase contracts and leases involving risk to the County. These provisions will be applied where appropriate to limit the County's liability exposure. 8.05 CONTRACT EXTENSIONS AND RENEWALS A. Contracts for services may be extended with the approval of the County Manager provided that the contract manager justifies in writing to the Purchasing Director and County Manager the reasons for the extension. All contract extensions will be governed by the same terms and conditions of the original contract and no extension shall exceed six months in duration without the approval of the Board of County Commissioners. No contract may be extended more than once without the approval of the Board of County Commissioners. B. Contracts for services may be renewed annually at the request of the Contract Manager and the approval of the Purchasing Director provided that a renewal option has been included in the terms of the original purchase and that the option(s) is not exercised for more than two (2) years unless otherwise specified by the Board of County Commissioners. 8.06 /f CONTRACT CHANGES A. Changes to a Board-approved contract may be approved by the County Manager or the appropriate Division Administrator provided that the change (or the sum of the changes) amounts to ten percent or less of the original Board-approved amount and does not exceed $50,000. - B. All other changes to a Board-approved contract exceeding the limits of 8.06.A. shall require the approval of the Board of County Commissioners. C. Changes to a purchase where the Purchase Order serves as the contract document shall be executed as described under section 2.06. D. Changes to a Formal Board—approved contract will be authorized through a change order form to be initiated by the contract manager. 8-6 Pg. 13 CONTRACT PROPOSAL (RENEWAL OF B88-1298) FROM: DATE: BOARD OF COUNTY COMMISSIONERS Collier County Courthouse Naples, Florida 33962 RE: BID #88-1298 - COURTHOUSE GROUNDS MAINTENANCE Dear Commissioners: The undersigned, as bidder, hereby declares that he has examined the specifications (and/or plans) and informed himself fully in regard to all conditions pertaining to the work to be done for courthouse grounds maintenance as per the attached specifications. The Bidder further declares that the only persons, company or parties interested in this Proposal or the Contract to be entered into as principals are named herein: That this Proposal is made without connection with any other person, company or companies making Bid or Proposal ; and it is in all respects fair and in good faith, without collusion or fraud. The Bidder proposes and agrees, if this Proposal is accepted, to contract with the County to furnish work in full, in complete accordance with the attached specifications, according to the following unit prices: * One year maintenance contract on County owned facilities. DEPARTMENT OF FACILITIES MANAGEMENT: a. Government Center $ ,F,,67p p,o o $ g:5',boo, so monthly annually (Includes all landscaped areas under maintenance as of 9/1/89. ) PARKS & RECREATION DEPARTMENT: b. Central Library $ o,, $ CDC,o0 monthly annually c. N. Naples Library $ 02S6, o o $ 3.opo•oo monthly annually d. Golden Gate Library $ a00.490 $ �, Gdo, oo monthly annually • Pg. 14 Proposal for Bid #88-1298 Page 2 . e. Marco Island Library $ 9pO ..ao $ 4,740,00 monthly annually f. Marco Isle. Substa. $ �260,00 $ v. 00 monthly annually g. Development Services Center $ 964.00 $ //. ado•co monthly annually h. East Naples Library $ ‘; ‘,0, ,,c) $ N/A* monthly annually ADDITIONS TO CONTRACT: i. Landscape maintenance $ 0,,10 monthly per square foot j . All landscape materials including, but not limited to sod, trees, shrubs, bushes, plantings, mulch a2 0 percent over actual cost. k. Additional Spraying $ price per gallon Prompt Payment Terms: Proposal continued on next page