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Resolution 2008-026 RESOLUTION No. 2008 - -:L? A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING AND IMPLEMENTING REVISED BEACH PARKING FEES AND RULES IN COMPLIANCE WITH AN AGREEMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; REPEALING RESOLUTION NO. 2007-33. WHEREAS, by adoption of Resolution No. 99-240 on May 25, 1999, the Board of County Commissioners of Collier County, Florida, formally affirmed the County's policies regarding fees for parking vehicles at the County's beach parking facilities as specified in that Resolution; and WHEREAS, Collier County has entered into an agreement with Florida's Department of Environmental Protection designed to make beach parking available to the general public on an equal basis. This policy was approved by the Board of County Commissioners on January 23,2007; and WHEREAS, Collier County has determined that an annual beach parking permit currently has approximately a $52.00 value; and WHEREAS, Collier County will continue to provide beach parking permits to its residents without charge based on ad valorem taxes assessed against residential real property located in Collier County, which are used in part to pay for the County's expenses and the City of Naples' expenses related to the subject public beach facilities; such taxes are not paid by persons who are not permanent residents of Collier County or who do not own such real property; and WHEREAS, annual beach parking permits will be available for sale for the general public including visitors, tourists, and seasonal residents at a price equal to the value of the parking permit paid for by County residents. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: FINDINGS AND PURPOSE. The above WHEREAS CLAUSES are incorporated herein by reference as if restated verbatim in this section. These Rules may be amended from time-to-time by Resolution(s) of the Board of County Commissioners of Collier County. The Board of County Commissioners makes the following findings of fact: I. Collier County beach parking facilities are used by County residents, visitors, tourists, and seasonal residents each day. I 2. Costs to provide beach parking facilities and to police, maintain and repair beaches, and to expand such parking facilities or construct new beach parking facilities increase with the increasing numbers of vehicles that are parked at those beach parking facilities. 3. This Resolution is to facilitate collection of those parking fees. SECTION TWO: APPLICABLE BEACH FACILITY LOCATIONS: I. Parking fees and parking permits apply to the following beach parking facilities in Collier County. a. Barefoot Beach Access. b. Barefoot Beach Preserve Park. c. Vanderbilt Beach Park. d. Vanderbilt Beach Access. e. Conner Park. f. Bluebill Temporary Beach Access. g. Calm Pass Park. h. North Gulf Shore Beach Access. \. Tigertail Beach. J. South Marco Beach Park. 2. Additional beach parking facilities may be added to this list from time-to-time by Resolution(s) adopted by the Board of County Commissioners. 3. The annual beach parking permits will also be honored at beaches within the City of Naples. SECTION THREE: BEACH FACILITY PARKING FEES. The County's beach parking fees are: A. As set forth by the Parks and Recreation Department's Facilities and Outdoor Areas License and Fee Policy; B. Annual parking permits are available for residents of Collier County with proof of residency. C. The Parks and Recreation Department's CLASS database will be used to track various statistics regarding parking permit issuance. Among these statistics will be resident versus non-resident. The resultant data can then be used in developing cost and revenue allocations. D. Collier County's visitors, tourists, and seasonal residents may purchase an annual parking permit at a County facility for the same price at which the permit is available to residents. The cost is currently $52.00 annually. E. Residents and visitors may also choose to pay daily parking fees through parking meters or by direct collection by authorized county personnel at the appropriate beach parking facilities. 2 F. Residents and visitors with parking permits may park free of charge at any County and City of Naples beach parking facilities including parking meters found at beach parking facilities. SECTION FOUR: VEHICLE EXEMPTION FROM BEACH FACILITY PARKING FEES. A. Only vehicles with valid beach parking permits shall be exempt from any beach facility parking fees. SECTION FIVE: RESTRICTED PARKING AREAS. Pursuant to Section FOUR of Collier County Ordinance No. 80-47, as amended, each parking space at any the above-listed "Applicable Beach Facility Locations" is a geographic area where vehicle parking is allowed with a valid vehicle parking sticker or the applicable beach parking fees have been paid to park that vehicle. SECTION SIX: PARKING CITATIONS. Pursuant to Chapter 89-449, Laws of Florida, as now or hereafter amended, and pursuant to Resolution(s) that may be adopted from time-to-time by the Board of County Commissioners in conjunction with Chapter 89-449, Collier County Park Rangers are authorized by that Special Act to issue parking citations at each beach facility in accordance with Ordinance No. 80-47, as now or hereafter amended, or as that Ordinance may be superseded in function by subsequent ordinance(s). SECTION SEVEN: REPEAL OF RESOLUTION NO. 2007-33. Collier County Resolution No. 2007-33, expressing the County's current policies regarding exemptions from these beach facilities parking fees is hereby repealed in its entirety. This Resolution adopted this 21 day of and majority vote favoring same. :Tart fA ~I(Y , , 2008, after motion, second ATTEST: DWIGHT.Ji.l~~C~, Clerk .0" ......... .il). '. "--, . .. . -K! ~..........L~ '~h :\..', ...;'AeputyClerk ... ..... " Atte.t '., 'w a.~~ , 51...un .1" BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: . Approved as to form and legal sufficiency: x~r~ Robert N. Z ary Assistant County Attorney rp:07-MGR-OOI18\BeachParkingReso_2008 3 EXECUTIVE SUMMARY Recommend to approve Resolution 2008- 2 ~ which supersedes Resolution 2007-33 to increase the annual, non-resident beach parking permit to $50 Obiective: To ensure proper maintenance of beach parking facilities within Collier County. Considerations: On January 23, 2007, the Board of County Commissioners (Agenda Item l6F2) approved a recommendation to revise the Beach Parking Policy and authorize staff to amend Ordinance 89-17 and/or Resolution 2002-430 as necessary to allow for the sale of a non-resident beach parking permit. The expense associated with maintaining Collier County/City beaches was estimated to cost the residential beach user $30 per year. The purpose for allowing the sale of the permit was to: · Maximize revenue contribution by the Florida Department of Environmental Protection (FDEP) based upon an understanding that the FDEP would reduce by at least $I,7M the reimbursement to the county for the beach renourishment program, · Potentially increase the County and City of Naples revenue through flat rate beach parking fees from tourists, visitors, and seasonal residents. · SatisfY a requirement by FDEP to allow visitors, tourists, and seasonal residents to have the opportunity to purchase the annual parking permit for the identical price (that through their ad valorom contributions) residents are able to do in order to maintain beach renourishment funding, On February 13,2007 a repeal of resolution No, 2002-430 allowed for the creation ofa non-resident beach parking permit. Section Three (D) of the resolution, which describes beach parking fees stipulates: Collier County's visitors, tourists, and seasonal residents may purchase an annual parking permit at a County facility for the same price ($30.00) at which the permit is available to residents. At the time of Resolution 2007-33 the cost of $30 was determined by crediting the revenues received for beach parking, vendor and concession fees against beach operational expenses. After further analysis, staff is recommending that the net loss produced by the beach parking sales be determined and that the beach parking sticker reflect the actual loss of the beach parking permit. This would increase the non-resident beach parking sticker to $50 annually. As the table attached shows, total combined net loss related to beach parking is $2,430,083 annually. The total number of resident stickers (county and city) issued for FY 07 was 49,226. Dividing the annual costs of beach parking by the total number of stickers issued equates to a $50 annual fee. The Parks and Recreation Advisory Board voted 7-0 to recommend increasing the non- resident beach parking fee to $50 on January 16, 2008. Lel!al Consideration: The proposed Resolution was reviewed by the Office of the County Attorney and approved for legal sufficiency. Fiscal ImDact: Adjusting the Resident and Non-resident Beach Parking permit will eliminate the deviation from budget created by the $30 annual permit fee, Growth Manal!ement ImDact: There is no growth management impact due to this action Recommendation: Recommend that the Board of County Commissioners approve Resolution 2008- which supersedes Resolution 2007-33 to increase the annual, resident and non-resident beach parking fee from $30 to $50 per permit. PreDared by: Barry Williams, Director, Parks and Recreation Department Net cost of Beach permit Collier County Beach Expenses $2,176,661.00 Administration $348,266.00 Revenue for Beach and Water: $977,465.00 Net I I $1,547,462.00 City of Naples Expenses for Beach and Water: $1,808,388.00 Revenue for Beach and Water: $925,767.00 Net $882,621.00 Total of County and City Loss $2,430.083.00 Divided bv number of resident stickers sold: 49,226 Total cost for Beach Permit l $49.37 1/22/08 RESOLUTION No. 2008 - J1L. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. ESTABLISHING AND IMPLEMENTING REVISED BEACH PARKING FEES AND RULES IN COMPLIANCE WITH AN AGREEMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; REPEALING RESOLUTION NO. 2007-33. Agenda Ilem No. H3D1 Jallu;lrY 29. 2008 Page 5 of 7 WHEREAS. by adoption of Resolution No. 99-240 on May 25, 1999, the Board of County Commissioners of Collier County, Florida, formally affirmed the County's policies regarding fees for parking vehicles at the County's beach parking facilities as specified in that Resolution; and WHEREAS, Collier County has entered into an agreement with Florida's Department of Environmental Protection designed to make beach parking available to the general public on an equal basis. This policy was approved by the Board of County Commissioners on January 23, 2007; and WHEREAS, Collier County has determined that an annual beach parking permit currently bas approximately a S50.OO value; and WHEREAS, Collier County will continue to provide beach parking permits to its residents without charge based on ad valorem taxes assessed against residential real property located in Collier County, which are used in part to pay for the County's expenses and the City of Naples' expenses related to the subject public beach facilities; such taxes are not paid by persons who are not permanent residents of Collier County or who do not own such real property; and WHEREAS, annual beach parking permits will be available for sale for the general public including visitors, tourists, and seasonal residents at a ptice equal to the value of the parking permit paid for by County residents. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: FINDINGS AND PURPOSE. The above WHEREAS CLAUSES are incorporated herein by reference as if restated verbatim in this section. These Rules may be amended from tim.,.to-time by Resolution(s) of the Board of County Commissioners of Collier County. The Board of County Commissioners makes the following findings off act: I. Collier County beach parking facilities are used by County residents, visitors, tourists, and seasonal residents each day. 2. Costs to provide beach parking facilities and to police, maintain and repair beaches, and to expand such parking facilities or construct new beach parking facilities increase with the increasing numbers of vehicles that are parked at those beach parking facilities. 3. This Resolution is to facilitate collection of those parking fees. A[lenda Item No. 16D1 January 29, 20GB Page 6 of 7 SECTION TWO: APPLICABLE BEACH FACILITY LOCATIONS: I. Parking fees and parking permits apply to the following beach parking facilities in Collier County. a Barefoot Beach Access. b. Barefoot Beach Preserve Park. c. Vanderbilt Beach Park. d. Vanderbilt Beach Access. e. Conner Park. f. Bluebill Temporary Beach Access. g. Calm Pass Park. h. North Gulf Shore Beach Access. i. Tigertail Beach. j. South Marco Beach Park. 2. Additional beach parking facilities may be added to this list from tirne-to-time by Resolution(s) adopted by the Board of County Commission.... 3. The annual beach parking permits will also be honoted at beaches within the City of Naples. SECTION THREE: BEACH FACILITY PARKING FEES. The County's beach parking fees are: A. As set forth by the Parks and Recreation Deparbnent's Facilities and Outdoor Areas License and Fee Policy; B. Annual parking permits are available for residents of Collier County with proof of residency. Fees for resident annual parking permits will be paid by the County out of ad valorem taxes. C. The Parks and Recreation Deparbnent's CLASS database will be used to track various statistics regarding parking pennit issuance. Among these statistics will be resident versus non-resident. The resultant data can then be used in developing cost and revenue allocations. D. Collier County's visitors., tourists, Wld seasonal residents may purchase an annual parking pennit at a COWlty facility for the same price at which the pennit is available to residents. The cost is currently S50.OO annually. E. Residents and visitors may also choose to pay daily parking fees through parking meters or by direct collection by authorized county personnel at the appropriate beach parking facilities. F. Residents and visitors with parking permits may park free of charge at any County and City of Naples beach parking facilities including parking met... found at beach parking facilities. SECTION FOUR: VEHICLE EXEMPTION FROM BEACH FACILITY PARKING FEES. 2 Agenda Item No. 16D1 January 29. 2008 Pa[le 7 of 7 A. Only vehicies with valid beach parking permits shall be exempt from any beach facility parking fees. SECTION FIVE: RESTRICTED PARKING AREAS. Pursuant to Section FOUR of Collier County Ordinance No. 80-47, as amended, each parking space at any the above-listed "'Applicable Beach Facility Locations" is a geographic area where vehicle parking is allowed with a valid vehicle parking sticker or the applicable beach parking fees have been paid to park that vehicle. SECTION SIX: PARKING CITATIONS. Pursuant to Chapter 89-449, Laws of Florida, as now or hereafter amended, and pursuant to Resolution(s) that may be adopted from tim.,.to-time by the Board of County Commissioners in conjunction with Chapter 89-449, Collier County Park Rangers are authorized by that Special Act to issue parking citations at each beach facility in accordance with Ordinance No. 80-47, as now or hereafter amended, or as that Ordinance may be superseded in function by subsequent ordinance(s). SECTION SEVEN: REPEAL OF RESOLUTION NO. 2007-33. Collier County Resolution No. 2007-33. expressing the County's current policies regarding exemptions from these beach facilities parking fees is hereby repealed in its entirety. This Resolution adopted this ~ day of ~"'(.1Il..,.. and majority vote favoring same. . 2008, after motion, second ATTE&1t. )!rj . / DWJl'llrf E. BRCftIr4Clerk 4~'"~ '. , BOARD OF COUNTY COMMISSIONERS ::L~Ll:~ " .... . t., 'B.Y' . lt~t4U:~' . S1Qf1l1t,ur!/;&It~~ Approved as to form and legal suffici ------ ,- 7 /c. Robert N. Zac Assistant County Attorney CP:07-MGR-00118\BeachParkingReso-2008 3