Loading...
Agenda 03/27/2018 Item #16D 503/27/2018 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners (Board) authorizes the Florida Fish and Wildlife Conservation Commission (FWC), an Agency of the State of Florida, to use the Isle of Capri Paddlecraft Park to store derelict vessels caused by Hurricane Irma, and to authorize the County Manager to extend the authorization as he deems it appropriate. OBJECTIVE: To allow the FWC to use the Isle of Capri Paddlecraft Park for the temporary storage of derelict vessels caused by Hurricane Irma during the time such vessels are being identified and claimed by the vessel owner, or in the alternative, destroyed on-site and removed. CONSIDERATIONS: FWC was charged with the removal of derelict vessels due to Hurricane Irma. The Parks and Recreation Division (Division) and FWC agreed that the Isle of Capri Paddlecraft Park would accommodate the temporary storage of derelict vessels without hindering the public’s use of County-owned boat park facilities. After this agreement was reached and done so in consultation with Coastal Zone Management (CZM) and the Bureau of Emergency Services (BES), FWC indicated that they could not remove the vessels until the authorization for Property Usage Authorization. Due to the urgency of removing the vessels from surrounding waters from Hurricane Irma, FWC did not indicate the need for the execution of the Property Usage Authorization prior to moving the vessels from County property. The Parks Division simply agreed to allow the temporary use of Isles of Capri Paddlecraft Park until the FWC was able to move the vessels to their final destination. In the case of future events, the Division will not allow storage of derelict vessels on Parks and Recreation properties until prior Board authorization is acquired and will recommend that storage occurs on state-managed lands. As mentioned above, FWC is unable to proceed with the removal of the vessels until this authorization is executed. FISCAL IMPACT: There is no Fiscal impact. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. LEGAL CONSIDERATIONS: This Item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: To authorize the FWC, an agency of the State of Florida, to use the Isle of Capri Paddlecraft Park to store derelict vessels caused by Hurricane Irma, and to authorize the County Manager to extend the authorization he deems it appropriate. Prepared By: Jake Sullivan, Park Ranger Supervisor, Parks and Recreation Division ATTACHMENT(S) 1. Property Usage Authorization - Paddlecraft park - FINAL (DOCX) 16.D.5 Packet Pg. 1120 03/27/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.5 Doc ID: 5003 Item Summary: Recommendation that the Board of County Commissioners (Board) authorizes the Florida Fish and Wildlife Conservation Commission (FWC), an Agency of the State of Florida, to use the Isle of Capri Paddlecraft Park to store derelict vessels caused by Hurricane Irma, and to authorize the County Manager to extend the authorization as he deems it appropriate. Meeting Date: 03/27/2018 Prepared by: Title: Operations Analyst – Parks & Recreation Name: Matthew Catoe 03/02/2018 10:55 AM Submitted by: Title: Division Director - Parks & Recreation – Parks & Recreation Name: Barry Williams 03/02/2018 10:55 AM Approved By: Review: Parks & Recreation Ilonka Washburn Additional Reviewer Completed 03/02/2018 12:09 PM Parks & Recreation Barry Williams Additional Reviewer Completed 03/02/2018 2:15 PM Parks & Recreation Barry Williams Additional Reviewer Skipped 03/05/2018 4:11 PM Operations & Veteran Services Sean Callahan Additional Reviewer Completed 03/06/2018 1:17 PM Public Services Department Todd Henry Level 1 Division Reviewer Completed 03/06/2018 2:01 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 03/12/2018 2:09 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/12/2018 2:18 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/12/2018 4:40 PM Budget and Management Office Ed Finn Additional Reviewer Completed 03/13/2018 9:03 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/18/2018 6:06 PM Board of County Commissioners MaryJo Brock Meeting Pending 03/27/2018 9:00 AM 16.D.5 Packet Pg. 1121 Page 1 of 1 – Property Usage Authorization PROPERTY USAGE AUTHORIZATION The owner Collier County (hereinafter "the owner") hereby grants permission to the Florida Fish and Wildlife Conservation Commission, an agency of the State of Florida (hereinafter “the Commission”), to use the following real property: _____Isle of Capri Paddlecraft Park address 1295 Capri Blvd. Naples, FL 34113 (hereinafter "the premises") for the storage of derelict vessels during the time such vessels are being identified and claimed by the vessel owner or, in the alternative, destroyed on-site and removed. Said permission shall include but not be limited to the right to bring personnel, equipment and property onto the premises, the right to bring individuals identified as potential owners of the derelict vessels stored on the premises onto the premises to identify and claim such vessels, and the right to remove personnel, equipment, and property from the premises throughout the term of and at the end of this authorization. The owner expressly represents that granting the Commission such authorization to use the premises shall not result in any compensation from the Commission. The premises will be used, commencing on or about October 1, 2017 and continuing until April 20, 2018. The owner may authorize the continuing use of the premises at the expiration of this authorization. The owner represents that the owner owns the premises or otherwise has full authority from the owner to enter into this authorization. Both the owner and the Commission agree that they shall be solely responsible for the negligent or wrongful acts of their respective emplo yees while using the premises. Nothing contained herein shall constitute a waiver by the Commission of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ______________________________ By: _______________________________ , Deputy Clerk ANDY SOLIS, CHAIRMAN Approved as to form and legality: _______________________________ Jeffrey A. Klatzkow, County Attorney 16.D.5.a Packet Pg. 1122 Attachment: Property Usage Authorization - Paddlecraft park - FINAL (5003 : Derelict Vessels - Isle of Capri Paddlecraft Park)