Agenda 01/27/2015 Item #16D 5 1/27/2015 16.D.5.
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney's Office to advertise an amendment to
Ordinance No. 89-11, as amended, removing "Key Island" from the attached list of barrier
islands to provide consistent enforcement of activities on Key Island.
OBJECTIVE: To provide uniform ordinances and consistent enforcement of various activities on Key
Island(Keewaydin).
CONSIDERATIONS: The Parks and Recreation Department presented this Ordinance amendment for
approval on March 8, 2011 (Item 10F). The Board continued this amendment to allow staff to make
contact with homeowners on Key Island and to clarify an issue about animals on leashes. Since March
2011, Parks and Recreation Staff has consulted and worked with Collier County Sheriff's Office,
Rookery Bay, Conservancy of Southwest Florida and FWC prior to bringing forward this issue. The
CCSO supports this Ordinance amendment. In addition, Rookery Bay and Conservancy of Southwest
Florida staff has reached out to JP VanDongen, the Home Owners Association President for the
Keewaydin Homeowners Association. Rookery Bay staff has also provided an informational email to
inform other home owners on the island regarding the implications of this change(see attachment).
Collier County Ordinance No. 89-11 (Collier County Beach and Water Safety and Vessel Control
Ordinance) prohibits certain activities on beaches within Collier County including open fires, camping,
and leashed or unleashed animals. Section three (3) "Applicability" currently includes "Key (or
"Keewaydin)Island"as one of the barrier islands subject to enforcement of this ordinance.
Florida lands owned by the Florida Department of Environmental Protection (FDEP) fall under the
jurisdiction of the State and Florida Administrative Code 18-23.007 this Code allows for open fires in
designated spaces, camping in designated spaces, and leashed animals on the beach.
For clarification, both the Collier County Ordinance No. 89-11 and Florida Administrative Code 18-
23.007 prohibit unleashed domestic animals (dogs) on the beach. Only the Florida Administrative Code
allows for leashed dogs on the beach.
A large portion of the island is owned and operated by FDEP including several parcels of land operated
by the Conservancy. Several other parcels are owned by private individuals (see attached maps). Due to
the interest that FDEP has in Key Island,Florida Fish and Wildlife Conservation(FWC)officers are often
dispatched and respond to requests for law enforcement by residents on the island. FWC is authorized to
enforce State laws and FAC 18-23.007; however, FWC officers do not have the authority to enforce
Collier County Ordinances including No. 89-11.
The proposed amendment would remove Key Island from the jurisdiction of County Ordinance No. 89-11
and allow for uniform law enforcement consistent with Florida Administrative Code guidelines in regards
to the above activities on the beach.
FISCAL IMPACT: There is no fiscal impact associated with the proposed amendment other than the
cost of advertising the Ordinance approximately$400.
GROWTH MANAGEMENT IMPACT:None.
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LEGAL CONSIDERATION: This item has been approved as to form and legality and requires
majority vote for approval. -CMG
RECOMMENDATION: That the Board of County Commissioners authorizes the County Attorney's
Office to advertise an amendment to Ordinance No. 89-11, as amended, removing"Key Island" from the
jurisdiction of the Ordinance to provide consistent enforcement of activities on Key Island.
Prepared by:Nancy E. Olson,Manager Beach and Water,Parks and Recreation
Attachments: Ordinance No. 89-11, Proposed Amendment to Ordinance No. 89-11, Key Island
Ownership Poster, Rookery Bay emails (November 6, 2014 and January 12, 2015), BCC Minutes (March
8, 2011), CCSO letter of support(January 2, 2015), F.A.C. 18-23.007, Conservancy letter(December 18,
2014(no objection to amendment).
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.5.
Item Summary: Recommendation to authorize the County Attorney's Office to advertise
an amendment to Ordinance No. 89-11, as amended, removing "Key Island"from the attached
list of barrier islands to provide consistent enforcement of activities on Key Island.
Meeting Date: 1/27/2015
Prepared By
Name: BetancurNatali
Title: Operations Analyst,Beach&Water
12/8/2014 4:22:38 PM
Submitted by
Title: Regional Manager-Parks&Recreation, Beach&Water
Name: OlsonNancy
12/8/2014 4:22:39 PM
Approved By
Name: TownsendAmanda
Title:Director-Operations Support,Public Services Division
Date: 12/16/2014 2:10:22 PM
Name: Washburnllonka
Title:Manager-Park Operations, Parks &Recreation
Date: 12/18/2014 8:18:50 AM
Name: AlonsoHailey
Title: Operations Analyst,Public Services Division
Date: 12/23/2014 1:07:32 PM
Name: WilliamsBarry
Title:Director-Parks&Recreation,Parks &Recreation
Date: 12/23/2014 4:45:41 PM
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Name: GreeneColleen
Title: Assistant County Attorney,CAO General Services
Date: 12/24/2014 2:56:43 PM
Name: CarnellSteve
Title:Administrator-Public Services, Public Services Division
Date: 1/15/2015 2:39:37 PM
Name: GreeneColleen
Title:Assistant County Attorney, CAO General Services
Date: 1/16/2015 9:11:40 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management
Date: 1/20/2015 9:03:38 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/20/2015 3:10:07 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 1/20/2015 3:57:13 PM
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`y-'`
c,• ORDINANCE NO. 89- ii
f
z . i _ . , AN ORDINANCE RELATING TO BEACH & WATER SAFETY
y . AND VESSEL CONTROL; PROVIDING FOR INTENT AND
›- PURPOSE; PROVIDING TITLE AND CITATION; SETTING
!LI FORTH APPLICABILITY AND DEFINITIONS; PROVIDING
j 1 C_. " FOR REGULATION OF USE AND CONDUCT ON THE BEACH;
!_r 0: PROVIDING FOR VESSEL REGULATION; PROVIDING FOR
,.)- '- REGULATION OF CONCESSION OPERATIONS, EQUIPMENT
RENTALS AND VENDORS ON THE BEACH AND ADJOINING
WATERS; PROVIDING FOR PENALTIES; PROVIDING FOR
ENFORCEMENT; PROVIDING FOR REPEAL OF ORDINANCES
1 NO. 81-11 AND NO. 85-6; PROVIDING FOR CONFLICT
AND SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
ti
I itV
WHEREAS, the recreational use of the public beaches is a
j;; . treasured asset of this County which is afforded to the public at
„*.'." large, including residents of and visitors to the County; and
A"
WHEREAS, the manner, mode, type and degree of uses to which
TA, the public beaches and adjoining waters are placed by the public •
r' 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 purposes as 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
Fwelfare of swimmers and others who are located offshore .from—
beaches and shorefront bathing areas; and
WHEREAS, it is necessary that the speed and operatign 'ofr
1 4` aircraft, boats and watercraft located offshore from beaches and
r;i?L: shorefront bathing areas be controlled in order to protect the
'
'ii, health, safety and welfare of the citizens of Collier County and
' visitors to Collier County; and
WHEREAS, it is in the interest for the safety and welfare of
I
a.:
the public that certain controls and regulations be enacted to
tLA
=Y reduce risk of injury to the public and ensure the enjoyability
x:
il: of these natural resources by the general public.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
11'
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
' E"• ' SECTION ONE: INTENT AND PURPOSE •
,.4 It is the intent and purpose of this Ordinance to protect
III , and promote the health, safety and welfare of the public at
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large, including residents and visitors to Collier County by
providing reasonable regulation of the public's use and conduct
L 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
� " further intended that this Ordinance shall re 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 Island, Sand Dollar Island and Little Hickory Island, but
shall not apply to the other barrier islands within Collier
County jurisdiction.
SECTION FOUR: DEFINITIONS
For the purposes of this Ordinance, the following words
4. . shall be defined as set forth below:
A. AIRCRAFT - means any motor vehicle or contrivance now
known or hereinafter invented, which is used or
t..
designed for navigation of or flight in the air,
l except a parachute or other contrivance designed
4 for such navigation but used primarily as safety
equipment. The term "aircraft" shall include
ultralight aircraft and seaplanes.
B. A-WEIGHTED SCALE or SOUND LEVEL - The sound pressure
•
level in decibels as measured on a sound level
meter using the A-weighted network. The level so
F°• read is designated dBA.
C. BATHER - means any person who is in the same water as a
:.r vessel, whether said person is swimming, wading or
engaged in any other activity in the water.
. • D. BATHING AREA - means any area of the beach and adjoining
waters in which bathers are located or may be
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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. BLOODBAITING - 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. CHUMMING - The throwing of bait or fish parts into the
= water to attract fish.
I. COLLIER COUNTY or COUNTY - shall mean the unincorporated
area of Collier County, Florida.
J. DECIBEL (dBA) - A unit for describing the amplitude of
fi'•
4 sound, equal to twenty (20) times the logarithm to
1 4
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.
s.•
K. GULF - The Gulf of Mexico.
L. IDLE SPEED - means the lowest speed at which a vessel or
sailcraft can operate and maintain steering
etc control.
M. JET SKI - any personal water craft designed exclusively
for the riding enjoyment of one or two persons,
being propelled b
g p p y propellers or by a jet pump
'.r ` 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
'r boats," "wave runners," or other such product name
, meeting the description herein provided.
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`"„ N. LICENSE or LICENSED - as used herein means a Collier
: 1
County Occupational License or having such
license.
0. 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,
.T1' whether of canvas, vinyl, rubber, styrofoam or
1 t, other substance, intended or capable of assisting
s;
'-t in the floatation of a person on or in the water
of the Gulf of Mexico. The term shall not include
t!, vessels or sailcraft, but shall include body
: boards unless the context clearly indicates
otherwise.
R. SAILCRAFT - a wind-propelled vehicle used or capable of
being used as a means of transportation on or in
M.
;' the water, including sailboats, sailboards and
1'4'.: .: windsurf boards.
!' S. SEAPLANE - means any aircraft as defined herein that is
capable of landing and/or lifting off from a water
I
":, surface.
:'
T. SOLICIT OR CANVASS - Any act, delivery, or exchange not
!4: initiated by the prospective customer or which
ti14f directs attention to any business, mercantile or
! i;, commercial establishment, or any other commercial
+= activity, for the purpose of directly or
ri..
indirectly promoting commercial interests 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
• ' 1. abutting or adjacent to the beach.
b,: V. ULTRALIGHT AIRCRAFT or ULTRALIGHT - means any
I i heavier-than-air, motorized aircraft which meets
`'7 the criteria for maximum weight, fuel capacity and
-+' airspeed established for such aircraft by the
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1 Federal Aviation Administration under part 103 of
r, the Federal Aviation Regulations.
k.
W. VESSEL - means a motor propelled or artificially
propelled vehicle and every other description of
boat, watercraft, barge, and airboat other than a
A t
seaplane on the water, used or capable of being ,
*{, used as a means of transportation on or in the
it
water, including jet skis.
SECTION FIVE: REGULATION OF USE AND CONDUCT ON THE BEACH
A. Possession of Glass Containers Prohibited. It shall be
• unlawful for any person while on the beach or beach access areas
-•i
4.' to possess or utilize any glass bottle or container.
t 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
1. visually impaired persons or hearing ear dogs accompanying
,4L. hearing impaired persons shall be allowed on the beach at all
`' •
times.
C. Open Fires Prohibited; Heated Objects to be Disposed of
4► Properly. It shall be unlawful for any person to have an open
!'` fire on the beach. Said prohibition shall not include a stove or
i grill where so designated and posted by the County Parks and
Recreation Department. It shall be unlawful for any person to
dt
', 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.
1 ai,'" 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
A . "chumming" or "blocdbaiting." Nothing herein shall be construed
to create a duty of any sort on the part of any law enforcement
i ` . officer or county employee to prevent fishing or to warn of the .
i" .c' presence of sharks in the Gulf of Mexico.
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F. Throwing of Balls, Frisbees, or Other Objects. It
shall be unlawful for any person to throw any ball, frisbee, or•ei
other object through any bathing area after having been warned by
�';, any law enforcement officer that such activity interferes with or
4 endangers the movement of pedestrian traffic or public safety.
‘. G. Swimming. No person except a person actually engaged
in a rescue attempt shall:
ty;-, (1) swim or bathe within 150 feet measured in any
.1. direction from a pier or jetty;
", (2) swim or bathe in any area posted exclusively
1 for vessel and/or sailcraft use.
1 .i
1
'.�; . H. Use of rafts, floats, and other flotation devices. No
1 ;
person shall:
(1) use any raft, float, body board, or other
flotation device of any description, except for ty,' vessel or sailcraft, more than 500 feet from the
., • water's edge.
A.
) . 1. operation of vessel or sailcraft while intoxicated. No
1 person shall operate a vessel or sailcraft of any description, -
i
. , whether motorized or not, surf or otherwise use any other
"' ' - equipment in the Gulf of Mexico when under the influence of any ••
W • alcoholic beverage, or any chemical substance as set forth in
1'•
". Section 877.111, Florida Statutes, or any substance controlled
-a' under Chapter 893, Florida Statutes, to the extent that the
person's normal faculties are impaired.
T. J. Use of aircraft on beach or adjoining water prohibited.
0: No person shall operate an aircraft, including seaplanes or
,
i9, ultralights, on or from the beach or the water within 500 feet of '
the water's edge.
t 1-
«. K. Soliciting and Canvassing Prohibited. There shall be
no solicitation or canvassing of the public on the beach:
(1) By other than licensed concessionaires
i-: 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, goods, or
u property of any kind or character intended for use
or consumption on the beach.
(2) By 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
i or vehicle.
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}•
, ..? (3) By any person of
goods and services for use or
consumption off the beach. No person shall
:',,C solicit or canvass for the sale or rental of any
t. 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
F=r loudspeakers, television, radio, compact disc, tape, or record
•
player, or musical instrument, except equipment used by law
b.
t,• . enforcement, rescue or beach safety personnel, shall be used on
the beach in a manner:
i'f., (1) that exceeds a noise level of 60 decibels (dBA)
'' measured on the A-weighted scale at 25 feet from
:,'Ff the sound source; or
"•`. (2) that otherwise violates the Collier County Noise
' Control Ordinance.
1
,tr 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
y'. peace and quiet of persons who may witness them, or engage in
', brawling or fighting, or engage in such conduct as to constitute
i`.
ii o .
a breach of the peace or disorderly conduct.
w+ N. Removal of Beach Sand. No beach sand may be removed
i from the beach.
O. Litter. It shall be unlawful for any 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
't° for that purpose. It is further unlawful to dispose of any
I household garbage on the beach.
r;: •
SECTION SIX: VESSEL REGULATION
A. Operation of vessel in excess of idle speed prohibited.
(1) The operation of any vessel, or sailcraft, 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 enforceable regardless of whether or not such
area is designated by appropriate sign, buoy or
other public notice.
'i (2) Jet ski regulation. No person shall operate a jet
ski:
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f.
(a) closer than 500 feet perpendicular from the
I water's edge except to go to and from the
I` 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
e. 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
launching area.
r.. (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
f 500 feet from the edge of the beach directly on
4' the Gulf.
(6) Sailcraft, including sailboats, windsurfboards,
and sailboards. No person shall operate a
I 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.
R;r B. Vessel speed not to exceed reasonable speed under
NI,
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 fill
3
' "1, of Section Six of this Ordinance:
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.,.
.''
(1) The provisions of this Ordinance shall not be
construed to prohibit the operation, racing or
j exhibition of vessels or sailcraft during a
publicly announced, properly authorized,
supervised and adequately patrolled regatta, speed
4, trial or exhibition.
t
(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
r existing conditions. Under no circumstances,
however, shall commercial fishing vessels be
• 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 .
3 .. County's beach areas and of the public that recreate on the beach
t.
,• and adjoining waters makes necessary and. appropriate the
)1, 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
M
VI
wind-driven vessel(s) for use by the public on the beach or
1'` adjoining waters of Collier County, including jet skis and
voi, sailcraft, shall be required to obtain a "Beach Vendor Permit"
'''
,c. from the County. A Beach Vendor Permit shall issue and be
.t.:
c'' maintained upon the applicant paying such application fee
therefor as established by the County by resolution and meeting
; . the following requirements:
1
(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.
(3) 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.
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• 14) The applicant must have and maintain comprehensive
�;. general liability insurance with coverage not less
than the amount of $500,000.00 combined Single
Limits.
' 15) 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 be
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
.3f this Ordinance. To obtain an occupational license, the applicant
must provide proof of having a current, valid Beach Vendor's
f.- 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 the
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 board an
operational life vest while using or having such
vessel in the water, and it is a violation of this
Ordinance for any such per:3on(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
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i." provisions or requirements of this Ordinance by means of any
2
,,. available civil remedy before the appropriate Code Enforcement
Board or in a court of competent jurisdiction.
t.;
SECTION NINE: ENFORCEMENT
ti The provisions of this Ordinance shall be enforced by
r- 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 County
Ordinances No. 81-11 and No. 85-6.
?.' SECTION ELEVEN: CONFLICT AND SEVERABILITY
k',';,'.."
In the event this Ordinance conflicts with any other
r,41•, ordinance of Collier County or other applicable law, the more
.1, restrictive shall apply. If any phrase or portion of the
Ordinance is held invalid or unconstitutional by any court of
', competent jurisdiction, such portion shall be deemed a separate,
' distinct and independent provision and such holding shall not
re.►.
affect the validity of the remaining portion.
!,. SECTION TWELVE: EFFECTIVE DATE
This Ordinance shall take effect upon receipt of notice from
the Secretary of State that this Ordinance has been filed with
the Secretary of State.
'41.
PASSED AND DULY ADOPTED by the Board of County Commissioners
+,. of Collier County, Florida, this 28th day of February , 1989.
r' :
i' ATTEST: BOARD OF COUNTY CONII+IISSIONERS
JAMES C. .GILES, Clerk OF COLLIER COUNTY, FLORIDA
y ~• / BY
17
• BURT L. SAUNDERS, Chairman
' X proved as to form and
k Ws legal sufficiency:
ordinance filed with the ry j'AIN'Z�e if), ., ooff Stote's Office
' David C. Wei•e Ot°clay Assistant County orney and ocknowledoernen • that
fi • received L.s�, •I day
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Packet Page-445-
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I -;'r�•1? -; STATE OF FLORIDA ) ",
1 .2q. ,., COUNTY OF COLLIER )
}^" I, JAMES C. GILES, Clerk of Courts in and for the
' �'X Twentieth Judicial Circuit, Collier County, Florida, do
,
/i hereby certify that the foregoing Is a true copy of:
.
.
I Ordinance No. 89-11
;., • which was adopted by the Board of County Commissioners on the
1 el
J I _. •
28th day of February, 1989, during Regular Session.
?.k• •
. - - WITNESS my hand and the official seal of the Board of
k . County Commissioners of Collier County, Florida, this 7th
day of March, 1989.
„.).
` , rJti,,
, ,.:.
JAMES C. GILES i
Clerk of Courts and Clerk •
Ex-officio to Board of ;
' County Commissioners
• By: /s/Maureen eny , t W
Deputy Clerk
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Packet Page-446-
. .................. . ... . ....
1/27/2015 16.D.5.
ORDINANCE NO.2015-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 89-11, AS AMENDED, THE
COLLIER COUNTY BEACH AND WATER SAFETY AND
VESSEL CONTROL ORDINANCE, SPECIFICALLY
SECTION THREE, "APPLICABILITY," BY REMOVING
KEY ISLAND AS ONE OF THE BARRIER ISLANDS
SUBJECT TO ENFORCEMENT; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
PROVIDING FOR CONFLICT AND SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on February 28, 1989, the Board of County Commissioners adopted
. Ordinance No. 89-11, known as the "Collier County Beach and Water Safety and Vessel Control
Ordinance," which Ordinance was subsequently amended by Ordinance Nos. 89-86, 96-28, 97-12,
and 98-88; and
WHEREAS, in keeping with a request by the Collier County Sheriffs Office, and in order
to preclude delays in its enforcement of state law pertaining to activities in buffer preserves, the
Board of County Commissioners desires to amend Section Three of Ordinance No. 89-11, as
amended, by removing Key Island as one of the barrier islands subject to enforcement.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA that:
SECTION ONE. AMENDMENT TO SECTION THREE OF ORDINANCE NO. 89-11,
AS AMENDED.
Section Three is hereby amended to read as follows:
SECTION THREE: APPLICABILITY.
This Ordinance shall apply to and be enforced in the unincorporated area of Collier County,
including Key Island, Marco Island, Sand Dollar Island and Little Hickory Island, and, except as
otherwise specified herein, shall not apply to the other barrier islands within Collier County
jurisdiction.
[14-PKR-00487/1 1 1 7564/1] Page 1 of 2
Words underlined are added;Words stfuek-threes are deleted.
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1
SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION THREE: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk , CHAIRMAN
Approved as to form
and legality:
C lleen M. Greene
Assistant County Attorney
[14-PKR-00487/1 1 1 7564/1] Page 2 of 2
Words underlined are added;Words struck thretigh are deleted.
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1/27/2015 16.D.5.
From: Carney,Brooke
To: "io(Sdrvandonaen.com"
Cc: Lytton.Gary;Varnes,Brenda
Bcc: "alvtton(a aol,com"
Subject: Follow up:clarifying language governing public beach activities on Keewaydin Island
Date: Thursday,November 06,2014 10:45:00 AM
Hi JP,
It was a pleasure talking with you last week about clarifying language regarding activities on the public
lands of Keewaydin Island. Thank you for your time, support, and willingness to inform your neighbors on
the island about this issue. I've included details below. If you or any of the Keewaydin land owners have
any questions or concerns, please do not hesitate to contact either Gary Lytton or me.
WHAT IS THE ISSUE?
There is conflicting language in the Collier County beach ordinance and State Rule 18-23 on Buffer
Preserves regarding authorized activities in the public areas on Keewaydin Island.The County beach
ordinance includes"Key Island" in the areas in which the ordinance applies. However, other than the few
private land owners,the majority of Keewaydin (Key) Island is owned and managed by the State of
Florida (Rookery Bay Reserve).
WHAT IS THE PROPOSED SOLUTION?
Rookery Bay Reserve supports the Collier County Sheriffs Office recommendation to strike the words
"Key Island"from the County beach ordinance. This will clarify how to regulate acceptable beach
activities in the public areas of the Island based on language in State Rule 18-23. This recommendation
is based on the State, as opposed to the County, owning and managing all of the public areas on the
Island. This action requires approval of the Collier County Board of Commissioners.
WHY DOES THIS MATTER TO VISITORS ON KEEWAYDIN ISLAND?
The conflicting language creates a potentially unfair situation to visitors and a challenge for law
enforcement officers. For example, a state law enforcement officer(such as FWC)may tell a beachgoer
it's OK to have their dog with them as long as they are kept on a leash, which is the rule according to
State Rule 18-23. This same individual could potentially be ticketed for having their dog with them, on
leash or not, by a County Sheriffs deputy who is enforcing the County beach ordinance. Because of this
conflict, neither state nor county officers will currently enforce dog restrictions on the Island.
WHY DOES ROOKERY BAY RESERVE WANT TO ADDRESS THIS ISSUE?
Rookery Bay Reserve is tasked with protecting the natural resources within its boundaries while allowing
for public access to recreation. The Reserve supports clear language that guides the activities of beach
goers. For example, the southern tip of Keewaydin Island supports nesting colonies for both Least Terns
and Wilson's plovers, two protected bird species. Dogs are predators of eggs and chicks and have a
negative impact of the birds' ability to reproduce.The nesting colony is posted with signage during the
nesting season, but without clear regulating language, law enforcement officers are unable to enforce
dog access violations. Striking the words"Key Island"from the County beach ordinance would clarify
language, allow officers to enforce the State rule, and protect the nesting birds while still allowing visitors
to enjoy the Island with their leashed dogs.
HOW WILL THIS ACTION AFFECT LAND OWNERS ON KEEWAYDIN ISLAND?
Land and home owners on the Island should see no affect from this action.Any rule, State or County,
applies only to public spaces, including those owned by the State of Florida, and all beaches below mean
high tide.
WILL THIS ACTION AFFECT THE PUBLIC SERVICES PROVIDED TO LAND OWNERS ON
KEEWAYDIN ISLAND?
No. The beach ordinance deals specifically with activities on public beaches.This has nothing to do with
any other public services, including emergency response services.
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1/27/2015 16.D.5.
WHAT SHOULD WE EXPECT NEXT?
County staff plans to bring the recommended change in front of the County Commissioners by the end of
2014. If the recommended change passes, law enforcement officers will have clear language guiding
their actions on regulating beach activities on the public lands on Keewaydin Island. If anything, you may
see more fluffy chicks roaming the beaches on the southern end of the Island next summer as a result of
the action. Look closely, though.They are highly camouflaged.
Thanks again for your support and willingness to communicate with the other land owners.
Cheers,
Brooke
Brooke Carney
Coastal Training Coordinator
Rookery Bay National Estuarine Research Reserve
300 Tower Rd Naples, FL 34113
239-530-5956
Brooke.Carnev E dep.state.fl.us
www.rookervbay.org
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� � 1/27/2015 16.D.5.
•
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: City of Naples • ,
Keewaydin Island Ownership
Private-196 acres
State- 1218 acres
.
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Packet Pa:e 451
: CONSERVANCY 1/27/2015 16.D.5.
of Southwest Florida,
OUR WATER,LAND.WILDLIFE,FUTURE.
MitCELEBRATING OUR PAST
SHAPING OUR FUTURE
Protecting Southwest Florida's unique natural environment and quality of life ... now and forever.
December 18, 2014
Mr. Barry Williams
Director, Collier County Parks and Recreation
15000 Livingston Road
Naples FL 34109
Sent via E-Mail
RE: Removal of Keewaydin Island from County Ordinance 89-11
Barry,
The Conservancy appreciates your sharing with us and soliciting our input on the removal of Keewaydin
Island from County Ordinance 89-11 (Collier County Beach and Water Safety and Vessel Control
Ordinance). As both a landowner on Keewaydin Island and an organization dedicated to protection of
native wildlife on the island,our primary concern is that existing regulations be enforced. In discussion
with Rookery Bay staff,they have indicated that the existence of two different sets of regulations—State
and County—creates confusion amongst both law enforcement and the public. It is their professional
opinion that enforcement efforts would be improved by removing Keewaydin from the County ordinance
and utilizing F.A.C. 18-23.007 to be the regulatory standard for the island. In addition, in discussion with
JP VanDongen, a property owner on Keewaydin,he has indicated that,to date,he is not aware of any
property owners being opposed to this change.
Therefore, after review of this information,the Conservancy does not have any objections to the removal
of Keewaydin Island from enforcement under County Ordinance 89-11. We hope that this revision will
truly be the impetus for Florida Fish and Wildlife Conservation Commission law enforcement to have an
increased presence on the island and enforce the regulations as contained in State Code. Furthermore,we
encourage the installation educational signage explaining to visitors what activities are prohibited and
why such activities, such as unleased dogs, are detrimental to the native wildlife that utilize this
environmentally sensitive island. If the Conservancy can be of assistance in such an initiative,please do
not hesitate to reach out to us.
Sincerely,
170—A, MiArtalAJ
Nicole Johnson
Director of Governmental Relations
CC: Brooke Camey, Coastal Training Coordinator,Rookery Bay National Estuarine Research Reserve
1495 Smith Preserve Way 9 Naples, Florida 3411 packet Page-452- I Fax 239.262.0672 1 www.conservancy.org
1/27/2015 16.D.5.
18-23.007 Activities in Buffer Preserves.
4 ►1 (1) The Buffer Preserves shall be open to the public from sunrise until sunset, except for those that are natural islands, which
shall remain open at all times unless otherwise closed pursuant to the authority of the rules of this chapter.
(2) To conserve, preserve and restore the natural and cultural resources and ensure the safety and enjoyment of visitors, the
following activities shall be limited or prohibited within the boundaries of the Buffer Preserves. The Buffer Preserve manager shall
verbally authorize such activities only in the case of a life-threatening emergency or as part of a natural resource management
program designed to promote environmental protection, which is approved by the Department. Any other authorization for any
prohibited activity may be sought by submitting a written request to the Department of Environmental Protection, Office of Coastal
and Aquatic Managed Areas, 3900 Commonwealth Boulevard, MS 235, Tallahassee, FL 32399-3000. A written request shall, at a
minimum, contain the following information: name of requestor, contact person, address, telephone number, location of proposed
activity,reason for proposed activity, and the number of people expected to participate in the proposed activity. Such requests shall
only be granted if the Department determines that the proposed activity would not damage the natural or cultural resources. Such
authorizations shall include any restrictions necessary to protect natural and cultural resources and shall contain provisions for
revocation. The number of authorizations issued shall be limited by the Department if necessary to avoid cumulative impacts or
address public safety concerns.
(a)Prohibited Activities:
1.Consumption of alcoholic beverages.This does not apply to the natural islands of the Buffer Preserves.
2.Hunting,harassing,possessing or trapping wildlife.
3.Use of animal trapping or concealment devices.
4. Use of firearms of any type or other weapons potentially dangerous to wildlife and humans, including shooting into Buffer
Preserves from beyond the boundaries.
5.Admission of unleashed domestic animals,except those assisting the handicapped.
6.Transplantation or removal of any plant or animal,or parts of plants or animals(living or dead),except as provided herein.
7.Removal,disturbance,pollution or destruction of property,or natural or cultural resources.
8. Solicitation or distribution of commercial materials and advertising of any commercial event, other than Department
materials or announcements of Department-sponsored or sanctioned events and gatherings.
(b)Limited Activities:
1.Hiking,horseback riding,and bicycle riding shall be restricted to trails or roads specifically designated for those activities.
2.Camping may be conducted only in designated areas.
3.Fires are allowed only in designated areas.
4.Visitors shall be responsible for the proper disposal of all waste-water,refuse and trash by placing it in designated containers,
if provided,or removed to an off-site disposal facility or receptacle.
5.Vehicles are allowed only in areas designated as public access roads.
6. Motor vehicle or vessel operation in water bodies, wetlands, or low lying areas located inside the boundaries of the Buffer
Preserves is allowed only where designated for such use with signs.
(c)Waiver of Restrictions for Property Management. The prohibition or limitation of activities in this section shall not apply to
Department staff or cooperating management agencies, volunteers, or contractors conducting management activities that are
approved by the Department, consistent with a management plan approved by the Board of Trustees, and authorized in accordance
with Chapter 18-2,F.A.C., if such authorization is required.
(d) Closures. The Department, in furtherance of the policy and intent of Chapter 253, F.S., shall close any Buffer Preserve or
section thereof to the public at any time and for any interval of time, when necessary to protect: public health, safety or welfare due
to causes such as fire, weather conditions, natural hazards, management activities or environmental conditions; natural resources
such as seasonally nesting birds at a specific site;and cultural resources such as Indian middens. Staff of the Department's Office of
Coastal and Aquatic Managed Areas shall post the closings.
Rulemaking Authority 253.86(1)FS. Law Implemented 253.86, Chapter 258,Part II FS.History—New 8-7-94,Amended 5-8-96, 7-1-03.
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SHERIFF
.... „
S KEVIN J. RAMBOSK
. ,
‘...t,
.,
,v,..,
To: Collier County Board of County Commissioners
From: Sheriff Kevin Rambosk
Re: Amendment to County Ordinance 89-11
Date: January 2, 2015
Conflicting language between County Ordinance 89-11 (Collier County Beach and Water
Safety and Vessel Control Ordinance)and Florida Administrative Code 18-23.007 (Buffer Preserves)
creates a situation of inconsistent enforcement depending on whether Collier County Sheriff's Office
Marine units or Florida Wildlife Commission (FWC) units respond to a violation on Keewaydin Island.
Collier County Ordinance prohibits such activities as dogs on the beach, camping, camp fires, etc.,
whereas the Florida Administrative Code permits such activities however with restrictions.
Depending on which law enforcement organization responds to a call for service,determines the
enforcement action taken as CCSO is charged with enforcing County Ordinance whereas FWC is
charged with enforcing Florida Administrative Code.
To rectify this situation and provide the citizens of Collier County with consistent enforcement
between law enforcement agencies, not only does CCSO support, but we recommend the
amendment removing all references to "Keewaydin"or "Key island"from Collier County Ordinance
89-11.
Respectfully,
n ,‘
Kevi or- ou bos14
Shetiff, Collier County
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From: BetancurNatali
To: BetancurNatali
Subject: FW:Msg from Dr VanDongen
Date: Thursday,January 15,2015 2:43:15 PM
From: Carney, Brooke [mailto:Brooke.CarneyTdeo.state.fl.us]
Sent: Monday, January 12, 2015 12:47 PM
To: CarnellSteve; Mark Cherney
Cc: Lytton, Gary; Varnes, Brenda
Subject: Msg from Dr VanDongen
Hi Steve and Mark,
I thought I would pass on the message we just received from Dr.VanDongen,the unofficial HOA
president for Keewaydin home and landowners. He called to confirm the beach ordinance for
tomorrow's BOCC meeting (which of course we told him it's been postponed to the 1/27 meeting)
and said he plans to attend to show his support for the update to the ordinance.
-Brooke
Brooke Carney
Coastal Training Coordinator
Rookery Bay National Estuarine Research Reserve
300 Tower Rd Naples, FL 34113
239-530-5956
Brooke.Carneydep.state.fl.us
www.rookerybay.org
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public
records request, do not send electronic mail to this entity. Instead. contact this office by telephone or in writing.
Packet Page-455-
1/27/2015 16.D.5.
March 8, 2011
AMENDED — APPROVED AND OR ADOPTED W/CHANGES
MR. OCHS: Yes, sir, good morning, Commissioners. These are
your agenda changes for Board of County Commissioners meeting of
March 8th, 2011.
First change is to move Item 17.A from your summary agenda. It
will become Item 8.A. It's an ordinance related to flood damage
prevention in order to adopt to the extent applicable the regulations
and policies set forth in the State of Florida Model Flood Damage
Prevention Ordinance. That item is being moved at Commissioner
Hiller's request.
Next change is to move item 16.D.8, and that will become item
10.F on your regular agenda. It's a recommendation to approve the
proposed amendment to ordinance number 89-11, removing Key
Island from the attached list of barrier islands. Authorize the County
Manager or his designee to advertise said ordinance and return to the
board for final approval. That item has been moved at both
Commissioner Hiller and Commissioner Fiala's request.
And there's an agenda note, we have a revision to that same
executive summary. And it reads as follows. It reads: Under the
considerations portion of the executive summary second paragraph,
the last sentence should read that this code does not contain language
prohibiting open fires, camping or leashed animals, as opposed to
unleashed animals on the beach. And we can get into that in more
detail when we present.
You have four time certain items this morning, Commissioners.
Item 12.A will be heard at 10:30. That's the presentation of your
consolidated annual financial report.
You have a shade session at 1:00 p.m. to discuss the potential
settlement of a lawsuit between the board and the South Florida Water
Management District. The results of that session will be reported out
at 1:30.
Page 3
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Agenda Changes
Board of County Commissioners Meeting
March 8, 2011
Move Item 17A to Item 8A: This item has been continued from the February 22, 2011 BCC
Meeting. Recommendation to approve an ordinance repealing Ordinance No. 86-28,as
amended,related to flood damage prevention, in order to adopt,to the extent applicable,
the regulations and policies set forth in the State of Florida Model Flood Damage
Prevention Ordinance. (Commissioner Hiller's request)
Move Item 16DS to 10F: Recommendation to approve the proposed amendment to
Ordinance No. 89-11 removing"Key Island" from the attached list of barrier islands,
authorize the County Manager or his designee to advertise said Ordinance, and return to
the Board for final approval. (Commissioner Hiller and Commissioner Fiala's request)
*Note: Revision to executive summary: Under the Considerations portion of the executive
summary,second paragraph, the last sentence should read This Code does not contain
language prohibiting open fires, camping or unleashed leashed animals on the beach.
Time Certain Items:
Item 12A to be heard at 10:30 a.m.
Item 11A to be heard in a shade session at 1:00 p.m. in the County Commissioner
Conference Room
Item 11B to be heard at 1:30 p.m.
Item 10C to be heard at 3:00 p.m.
Note:
Commissioners will be attending lunch with the Know Your County Government Teen
Citizenship Program at the East Naples United Methodist Church from 12:00 to 1:00 p.m.
3/25/2011 9:38 AM
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March 8, 2011
COMMISSIONER HILLER: That's not acceptable.
CHAIRMAN COYLE: There's a motion. There is no second.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: A motion, seconded by Commissioner
Coletta.
All in favor, please signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Any opposed by like sign.
(No response.)
COMMISSIONER HILLER: Aye.
CHAIRMAN COYLE: Okay, it passes 4-1, with Commissioner
Hiller dissenting. Okay, we're finished.
Item #1OF
RECOMMENDATION APPROVING THE PROPOSED
AMENDMENT TO ORDINANCE NO. 89-11 REMOVING "KEY
ISLAND" FROM THE ATTACHED LIST OF BARRIER ISLANDS,
AUTHORIZING THE COUNTY MANAGER OR HIS DESIGNEE
TO ADVERTISE SAID ORDINANCE, AND RETURN TO THE
BOARD FOR FINAL APPROVAL — MOTION TO CONTINUE
THIS ITEM WITH ALL PROPERTY OWNERS BEING NOTIFIED
BY MAIL — APPROVED
CHAIRMAN COYLE: Now, let's go to 10.F very quickly. And
since this is a -- this is an item that includes --
COMMISSIONER COLETTA: Just a second.
CHAIRMAN COYLE: Yeah, okay.
COMMISSIONER HENNING: Which item?
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March 8, 2011
CHAIRMAN COYLE: Going to 10.F. We'll just wait till
everybody can get out. Since this is an item that concerns my district,
what I would like to do is ask that we continue this.
COMMISSIONER HILLER: I'll second that.
CHAIRMAN COYLE: So the couple of reasons. Number one,
we had an error in the executive summary that caused a lot of
misunderstanding.
Secondly, I'm not sure I really understood the intent of what we
were trying to do. And a number of my constituents certainly did not
understand it and felt that they had not been properly notified.
So can we do a do-over here and get it right and get the executive
summary right and make sure we notify every property owner on
Keewaydin by mail? Can we do -- you're not going to mail it to
Keewaydin, they don't live there all the time. So you're going to have
to notice the thing in a way that let's them understand what we're
doing.
MR. WILLIAMS: Commissioner, Barry Williams for the record,
Parks and Rec Department. Certainly, we'll take board direction on
this item. It's a fairly innocuous one. We do have representatives from
Rookery Bay and the City of Naples Police and Collier County
Sheriff s Office. But if your desire is for us to bring it back, certainly
we'll do that.
CHAIRMAN COYLE: I made a motion, there's a second by
Commissioner Hiller. And Commissioner Hiller and Henning have
something to say about this.
Go ahead, Commissioner Hiller.
COMMISSIONER HILLER: Yeah, I think that there is a lot of
confusion about this. And I think even the board needs to better
educate itself before this is heard. I had the opportunity of speaking
with -- was it with you? With one of the deputies, and it was quite a
complicated subject. And I think it's something that the Sheriff
probably should be reviewing also to make sure that we're doing the
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March 8, 2011
right thing.
MR. WILLIAMS: Commissioner Hiller, and again, we're at the
board's discretion with this. We know you've had a long day, and for
us to try to explain it at this juncture might even further --
CHAIRMAN COYLE: We're good for another three or four
hours.
COMMISSIONER FIALA: But I sure apologize to these people
who have sat here all day long.
MR. OCHS: Commissioners, this was first reading it, if you look
at the title, it's requesting authorization to advertising amendment and
then come back for final reading. But we can do that later.
CHAIRMAN COYLE: Those distinctions are sometimes lost on
people who don't understand our procedures. So it's best to get them
informed up front and try to proceed. Okay.
MR. WILLIAMS: Not a problem, we'll do it.
CHAIRMAN COYLE: Commissioner Henning, you want to --
COMMISSIONER HENNING: Just real quick. I'm not sure
how many -- I go down there quite frequently, or go by there. The
activities, what is being presented by staff, has gone on forever. Dogs
roaming the beach. It's just up and down the residential area, those
cottages. I don't see that, it doesn't happen. So just my opinion.
MR. WILLIAMS: If I may just briefly, just -- and this is more of
a set-up for next time, just so you know. It's a simple conflict, the
Florida statutes allow for certain activities, the county ordinance does
not. And so what we're looking to do is just remove the county
ordinance with making a change in deleting Keewaydin from that
ordinance.
And the issues are, and from our understanding, camping, fires
on the beach, dogs who are leashed the state allows, the county does
not. And so if we take ourselves out of the mix, this is actually, we're
promoting a little less government with this, a little less regulation in
allowing one administrative code, if you will, the Florida state to
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March 8, 2011
reign.
CHAIRMAN COYLE: But a clarification still needs to be made.
MR. WILLIAMS: Yes, sir, and we'll bring it back.
CHAIRMAN COYLE: The state owns part of that property.
MR. WILLIAMS: Yes, sir.
CHAIRMAN COYLE: Are their rules applicable only to that
portion that they own? Can a resident camp on the beach on their own
property?
MR. WILLIAMS: Commissioner, may I just ask Gary Litton to
come up and speak to that question again? I know we're trying to
move it on and --
COMMISSIONER FIALA: No, it's a good thing he stayed all
day long, now he gets to talk a little bit to us.
MR. LITTON: Good evening. For the record, my name is Gary
Litton. I'm the director for the Rookery Bay reserve. I work for the
State of Florida.
To answer your question, Commissioner Coyle, Administrative
Code 1823 applies to the state-owned lands on Keewaydin Island.
The state owns about 85 percent of the island, it's about a $15 million
investment over the last 15 years.
And as Barry indicated before, our interest is in trying to resolve
a conflict between two rules. We've got the beach ordinance that
prohibits any animals, leashed or unleashed. It prohibits fires or
camping altogether. And then we've got the state rule which allows
camping and campfires in designated areas, and it allows visitors to
have their dogs on leash.
Now, the problem that we've got in the law enforcement network
that works out on the water, is a reluctance to enforce either rule
because of the conflict that we've got. It was the law enforcement
community that we spoke to that said we need to resolve this so that
we can have one set of rules.
CHAIRMAN COYLE: Okay, I understand all that. But now, if I
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own some property there and maybe even have a cottage down there
and I want to have my dog in my yard, not on a leash, am I going to
get ticketed?
MR. LITTON: No.
CHAIRMAN COYLE: Okay, that's not clear --
MR. WILLIAMS: 1823 only applies to the state-owned lands on
Keewaydin Island.
CHAIRMAN COYLE: If I want to build a bonfire out on the
beach in front of my property, I can do that.
MR. LITTON: If ifs -- yeah. Again, 1823 only applies to the
public lands.
CHAIRMAN COYLE: State property, the public property.
MR. LITTON: Right.
CHAIRMAN COYLE: There are no regulations concerning
what happens with private property there; is that a correct statement?
MR. LITTON: Unless there's someone else here that can help
me address that question, all I can help you with is what the state rule
applies.
CHAIRMAN COYLE: I'm asking these questions because these
are the things that need to be clarified here, okay. So you're going to
take the county out of the middle of it so that you have a uniform code
for enforcement. You have to make sure you define the areas to
which this enforcement is applicable. That's all I'm asking.
COMMISSIONER HENNING: And Commissioner, in our Land
Development Code is regulations for private property on barrier
islands. And I think Mr. Casalanguida can help the board -- not now,
not now. That's the governing, what people do on private property is
our Land Development Code. That's my understanding.
CHAIRMAN COYLE: I'm not sure it's that definitive. But
nevertheless, as long as you come back with something that is --
MR. WILLIAMS: Let us answer those questions and bring it
back, Commissioners.
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CHAIRMAN COYLE: Yes, that's all we're asking.
Okay, all in favor of the motion, please signify by saying aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Aye.
Any opposed by like sign?
(No response.)
CHAIRMAN COYLE: Okay, we're going to bring this back.
That goes to 10.D, 10 delta.
Item #10D
RECOMMENDING APPROVAL OF THE AWARD OF RFP #10-
5450 "ASPHALT ROADWAY, CONCRETE, CURB, SIDEWALK
AND DRIVEWAY INSTALLATIONS: TO MULTIPLE FIRMS
FOR AN ESTIMATED ANNUAL AMOUNT OF $2,000,000 —
MOTION TO CONTINUE UNTIL RESOLVED — MOTION
WITHDRAWN; MOTION FOR A CONDITIONAL APPROVAL
WITH A REPORT FROM STAFF IN 6 MONTHS TO SEE IF IT
WORKS — APPROVED
MR. OCHS: 10.D is recommend approval of the award of RFP
10-5450, asphalt road, concrete curb, sidewalk, and driveway
installations to multiple firms for an estimated annual amount of$2
million.
COMMISSIONER HENNING: Move to approve.
CHAIRMAN COYLE: Second.
Okay, Commissioner Hiller.
COMMISSIONER HILLER: Yeah, I actually in my review of
the agenda addressed this issue with finance, when I was addressing
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the finance portions, and I would like to ask Crystal Kinzel, Director
of Finance from the Clerk's Office to comment because she had some
very significant concerns about what was being proposed.
MS. KINZEL: Commissioners, for the record, Crystal Kinzel
with the Finance Office.
Steve and I have been working on this for some time and we've
been having telephone conversations and some other issues, so I think
that we've agreed to continue to work on an appropriate solution.
But to make the board aware of our concerns, one of our primary
functions is to validate what the board is approving in the content of
an agreement or document, including pricing and use or caps on the
contract. With this particular RFP and the responses that we receive,
actually as we got into longer conversations as recently as, well, when
did we talk, Steve, late Friday, I believe, we were looking at some
SAP solutions to maybe provide those caps that would provide a
ministerial function for staff versus a lot of discretion, the way that the
bid in the RFP is worded.
The attachment to this executive summary, it's my understanding
from our conversations, and Steve can correct it if I'm wrong, but the
attachment to this executive summary doesn't even include all of the
elements that may be used by the departments for the asphalt and the
concrete and the cement.
In some of the other things that we've gone over with the pricing,
what I have a very difficult time and sometimes with the contracting is
validating the pricing that comes in to an agreement. And our
philosophy is that there's an underlying agreement that the board
approves with specified rates that we validate.
The way this seems to be worded between either a lump sum or a
user fee invoicing, it would be, in my opinion, at this time very
difficult for us to validate those payments.
But as I said, we continue to work with staff, we've tried to
resolve some of these, but currently we're still -- we have those issues
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