Agenda 03/08/2011 Item #16D8
Agenda Changes
Board of County Commissioners Meeting
March 8,2011
Move Item 17A to Item 8A: This item was Continued/rom 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 16D8 TO 10F: RECOMMENDATION
TO APPROVE THE PROPOSED AMENDMENT TO
ORDINANCE NO. 89-11 REMOVING "KEY ISLAND"
FROM THE LIST OF BARRIER ISLANDS, AND
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 unleRshed leashed animals on the beach.
Time Certain Items:
Item 12A to be heard at 10:30 a.m.
Item llA 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.
4/12/201112:47 PM
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. 3/8/2{}ltltemlan.J. .
~UTIVE SlJMl\M;RV
~...~ ."ppl'8ve~p~ ame....tteO~ No. 89..11
remo.,"'~~j" .f"o.,ilteaUaelted list of~. iIIad$iadlorize tile
COUDty M........his~toadvertise sai4.0~,'....return to the
Board forfiDalapp~aL
OAm~: To provide U11ifonn ordinancesandconsistent.orcement of various
activities on Key Islan9(Keewaydin).
C~SIDE~'l'tqNS: Collier County Ordinance 89-11 (Collier CotmtyBeach.and
Water Safety and Y~l Control.Ordinance)prohi:bits cert$nacti:vities~n County owned
beach property ineludingopen fires,campipg and l~~... 'SectiOn three .(3) ,
"Applicability" currently includes "Key Island" (Keewey4in) as one of th~ barrier islands
su~to enf()[cement ofthis.ordinance.
Floridalandsowned by the Florida DeparunetltofEnvironmental Pro~on (FnEP}fajl
under the jurisdiction of Florida Administrative. Code 18-23.007. 'llUs Code does not
contain any laQgUageprohibitingopen fires, c8J:pping'or~.atthrl1a}$on the beaCh.
A~e portionofKeewaydinISland is owned aJ1do~~yFDEPincluding sev~
parcels ofland: operated bytbeConservancy. Severalotlterparcels_ owned byl)rivate
indi:viduais. Duetoti)einteresttllat FDEP has in Key~Flori. Fish and WilcBife
C~~WC)officersate often dispatched and respond tot'equests for law . .
enforcement by residents on the island. .FWC isa.~toenfo~~~ laws and
FAC 18-23.007;JlOwever, FWC officers do not have the"rity to eMoree Collier
County 01'<linances including 89-11.
Residents who have open fire$ .on the beach,c.amporwalklea$hedpets are subject to two
~and somewbatcontradictory lawssimultan~ously.. Ifan FWCoflicer resp0n4s,
heis.withouUbe authority to prohibit the above activities. ..lfa Col~.County Sheriffs
deputy respon~the 4eputywill inform the'person.~theabovecle$cribedacti~ties are
proh,ibitedand tnay take. enforcement action. The reSl:1ltis tbat a certain activity ma~ be
prohibited or.authotized .~on what agency.~' tothecaU for. service.
The proposed am~ntwould remove Key IslandIKeeywaydin Island from the
jurisdiction of COUl1tyOrdin$nQe 89-11 andaUo:w for.UtUlonn.law ~orcement
coD$istent with Florida Administrative Code guide1i1tesin re~tc>the,aboveactivities
oothe~a .
Collier County Parks and ReQreation Staff has co1lSul~_~l'ked with CollierC<,nmty
Sheriff's Office and FWe'prior to bringing forward this issue.
FlSC~IMPACT: There is no fiscal impact associated withthe~posed am~t.
Pac~ Page ..1015-
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...;a,t.a/2011Item 16.0.8.
)
~~W11I~.~~;wr.~T: None.
~AL CON~Q)~'llON:This i~ has beenreviewe4tJYtheCounty Attorney's
Office, requires.majQr.i.ty vo~, 8l1disl~gally sufficientfot~_()n.-.CMG
BECOMMENll~~~N:TbaUhe Board of CO\U1tyC()~mi$$i~etSapprove the
proposed.. amend:meD... ........ t..t. 0... ...()r"in. an.... . ce No. 89...11 removing.~. ...{(... ey.I. sian.... ..d" from the
jurisdiction of theotd.inan~,authorizestaffto advertise;~Qr4t~ce and return to the
Board for final approval.
Prepared by: Nancy.E. Olson, Manager.Beach and. Water
. Collier County Parks and Recreation
Pack,tPage. -.1016-
3/81201"1;Jt'lJl~~~tt8.
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COLLIER COUNTY '.
8oardofCounty CommiJlioMr'$
Item Number: 16.0.8.. ,
Item Summary: ~mendatlcmto approve t~\~amendment to OrdinancaNe.
89-11 removing "Key Island" from the attached list of biH'l'ieristands,8Uthorize staff to
advertise said Ordi.na.nce, and ""turn to the Board to fiMlapproval.
Meeting Date: a/8I2011
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Prepa,.. By
Name: NeIsonTona
Title: Actministrative AssistlUlti Senior,Parb8tiRecreaUon.
2/16/2011 3:27:12 PM
Submitted by
,-..,.
Title: AdministratiV,e Assistant, Senior,Parks & Recreation.
Name: .NelsonTona
2/16l2()1 I 3:Z7d4 PM
..' L~.
Approved By
Name: AlonsoH.ailey
Title: Administrativ~ Assistant,Domestic Animal ServiCes
. - - .. - -
Date: 2/17/20111~30z42 PM
Name: Will~
Title: Direeto; - Parks & R.eereation,htks& Recreation
Date: W12011 1:54:57 PM
Packet 'ase -1017-
Name: GreeneColleen.
Title: Assistant COUIltyAUOmey,County Attorney
Date: 2/24/20114:16:19PM
Name: R~sC'YMar1a
Title: Administrator, Public. Services
Date: 2/24/20114:57:16 PM
,-..,
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Name~K.Jatz;kowJeff
~ Title~ County Attorney,
Date: 2125/2011 8~26:35 AM
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Name: PryorCheryl
Title: Management! Budg<'tAnaly-St,.senior,Office of~t&Budget
Date: 2/25/201110:10:36 AM
Name: SheffieldMichael
Title: Manager-Business OperatiOtlS, CMO
Date: 2/25/2011 10:46:38 AM
Packet Page -1018-
3/8/2011 Item 16~D.;8.
3/8/2011 Item 16.0.8.
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ORDINANCE NO. 2011 -_
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORlJ)A,
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 AN)) ORDINANCES;
PROVIDING FOR CONFLICT AND SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS, on February 28t 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 su~ject 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
juri sdiction.
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3/8/2011 Item 16.0.8.
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.
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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 ,2011.
,.,........., ,
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORJDA
By:
, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
Approved as to form
and legal sufficiency:
G,
Colleen M. Greene
Assistant County Attorney
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Words underlined are added; Words stniek tlmHlgh are deleted.
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