Backup Documents 02/10/2015 Item #17G Continued to February 24, 2015 - .• ,e,
Ordinance Amending Ordinance 1989-11 1 7G
Beach, Water Safety&Vessel Control Ordinance
COLLIER COUNTY FLORIDA %.'01.I./-4i+
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS a`s
To: Clerk to the Board: Please place the following as a: t- `►
XXX Normal legal Advertisement ❑ Other:
(Display Adv.,location,etc.)
Originating Dept/Div Parks and Recreation/Public Services Person:Nancy Olson Date: 1/22/2015
Petition No.(If none,give brief description): Ordinance-Amending Ordinance No.89-11
Petitioner: (Name&Address): N/A
Name&Address of any person(s)to be notified by Clerk's Office:(If more space is needed,attach separate sheet) See Above
Hearing before BCC BZA Other
Requested Hearing date:(Based on advertisement appearing 10+days before hearing.) February 10,2015(ad to run no later than
FRIDAY,January 30,2015)
Newspaper(s)to be used: (Complete only if important):
XXX Naples Daily News D Other XXX Legally Required
Proposed Text: (Include legal description&common location&Size:
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.
Companion petition(s), if any&proposed hearing date: N/A
Does Petition Fee include advertising cost?0 Yes XXX No If Yes,what account should be charged for advertising costs:
PO# 4500156829
Reviewed bv:
0 G%'L/ 0 v . -
Division/Administrator or Designee Date
List Attachments: Proposed Ordinance
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request
for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
❑ County Manager agenda file: to ❑Requesting Division 0 Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file.
FOR CLERK'S OFFICE USED LY
Date Received: I/ 2 3/( Date of Public hearing: 2(016- Date Advertised: Ois
i
170
Ann P. Jennejohn
From: Betancur, Natali
Sent: Tuesday, February 24, 2015 2:39 PM
To: Ann P.Jennejohn; Olson, Nancy
Subject: RE:Amending Beach and Water Safety and Vessel Control Ordinance 89-11
Hi Ann,
We are working with the County Attorney's Office to develop the new language
and re-advertise. This item should be on the March 24th meeting.
Thank you,
Natali
From: Ann P. Jennejohn [mailto:Ann.Jennejohn(a>collierclerk.com]
Sent: Tuesday, February 24, 2015 2:27 PM
To: OlsonNancy; BetancurNatali
Subject: Amending Beach and Water Safety and Vessel Control Ordinance 89-11
Hi there,
Do you know the plan for Item #17G, that was
on the Board's February 10th Meeting agenda:
"Amending Ordinance 89-11, removing "Key Island"
from a list of barrier islands " that was continued
to their meeting today'? (but wasn't on the agenda)
Could you please let me know when you have time?
Thank you!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239-252-8406
239-252-8408 (Fax)
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.
1
17G
BetancurNatali
From: AlonsoHailey
Sent: Thursday, January 22, 2015 3:11 PM
To: BetancurNatali
Subject: RE: Legal Advertising for Amendment to Ordinance No. 89-11
Barry signs this not steve.
Hailcy Alonso
Operations Analyst
Public Services Division
Office: 239-252-8468
Cell:239-269-1164
Fax: 239-252-3958
3339 East Tainiami Trail Suite 217
Naples,Fl.34112
hai leyalonso(a,col l iergov.net
start b. doi.wg what's wecessaT;thew do what's possible; awe(su.ddewltj you are doi.wg the tvwpossible. -st. Frawcis of
Assisi
From: BetancurNatali
Sent: Thursday, January 22, 2015 2:25 PM
To: AlonsoHailey
Subject: RN: Legal Advertising for Amendment to Ordinance No. 89-11
Sunshine,
Can Steve please sign the attached Advertisement request so we can submit to
Clerk's Office? The PO is in process.
Thank you,
Natali
From: NeetVirginia
Sent:Thursday, January 22, 2015 11:05 AM
To: OlsonNancy
Cc: GreeneColleen; BetancurNatali
Subject: Legal Advertising for Amendment to Ordinance No. 89-11
Nancy:
As we discussed, I started the ad request(see attached). The title matches that from the Ordinance on Sire. Please
confirm, however,as it is very important that the correct title is advertised. I filled in the advertising date of Friday,
1/30/15. Friday is the soonest that the NDN can run the ad and still conform to the 10-day notice requirement for the
2/10/15 meeting. I also attached a scanned version the Ordinance initialed by Colleen with the new Chair.
I
17G
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-00487/1117564/1] Page 1 of 2
Words underlined are added;Words strums are deleted.
S
17G
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 TIM NANCE , CHAIRMAN
Approved as to form
and legality:
lleen M. Greene
Assistant County Attorney
[14-PKR-004 87/1117564/1] Page 2 of 2
Words underlined are added;Words struslgh are deleted.
C,�
' IC
Acct # (Waiting on NDN to Create the # - Monday)
January 26, 2015
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: Ordinance Amending Ordinance 1989-11
Dear Legals:
Please advertise the above referenced notice Friday, January 30, 2015, and send
the Affidavit of Publication, in Duplicate, together with charges involved, to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O. #4500156829
1111;
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, February 10 , 2015, in the
Boardroom, Third Floor, Administration Building, Collier County
Government Center, 3299 East Tamiami Trail , Naples, Florida, the Board
of County Commissioners, will consider the enactment of a County
Ordinance . The meeting will commence at 9 : 00 A.M. The title of the
proposed Ordinance is as follows :
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 .
A Copy of the proposed Ordinance is on file with the Clerk to the
Board and is available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 3 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted to
the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost
to you, to the provision of certain assistance . Please contact the
Collier County Facilities Management Department , located at 3335
Tamiami Trail East , Suite #101, Building W, Naples, Florida 34112 ,
tiC
(239) 252-8380 . Assisted listening devices for the hearing impaired
are available in the County Commissioners' Office .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIM NANCE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
tic
Martha S. Vergara
From: Polidora, Carol <cpolidora @naplesnews.com>
Sent: Monday, January 26, 2015 10:30 AM
To: Martha S. Vergara
Subject: North Collier Regional Park Account Number
Hi Martha...
Please use account#077750 for North Collier Regional Park.
Thanks!
Carol
Carol Polidora I Legal Advertising Specialist
0: 239-213-6061 F: 239-325-1251
E: cpolidora(a�NaplesNews.com
A: 1100 Immokalee Road I Naples, FL 34110
` pir . ;mull
t ape Rdews.:;:;�-„
1
17G
Acct # 077750
January 26, 2015
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: Ordinance Amending Ordinance 1989-11
Dear Legals:
Please advertise the above referenced notice Friday, January 30, 2015, and send
the Affidavit of Publication, in Duplicate, together with charges involved, to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O. #4500156829
Martha S. Vergara
From: Polidora, Carol <cpolidora@naplesnews.com>
Sent: Tuesday, January 27, 2015 2:51 PM
To: Martha S. Vergara
Subject: Ad Confirmation
Attachments: UASFA04.jpg
Hi Martha!
Please provide approval ASAP for publication on 01.30.15.
Thanks!!!
Carol
Carol Polidora I Legal Advertising Specialist Naples Daily News
0: 239-213-6061 F: 239-325-1251
E: cpolidora@NaplesNews.com
A: 1100 Immokalee Road I Naples, FL 34110
Thank you for placing your ad.
Date 01/27/15
Publication NDN
Account Number 794985
Ad Number 2046867
Total Ad Cost $364.10
1
NOTICE OF INTENT TO CONSIDER ORDINANCE 1 7 G
Notice is hereby giver that on Tuesda�, February 10, 2015, in the Boardroom. Third•
Floor, Administration Building. Collier County Government Center, 3299 East
Tarniami Trail, Naples, Florida, the Board of County Commissioners, will consider
the enactment of a County Ordinance The meeting will commence at 9:00.A.M.
The title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO. B9-11, 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 S AND ORDINANCES; PROVIDING FOR CONFLICT
AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE_
A Copy of the proposed Ordinance is on file with the Clerk to the Board and is
available for inspection. All interested parties are invited to attend and be heard,
NOTE: All persons wishing to speak on any agenda item must register with the
County administrator rior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of an
individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing, In any case, written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
if you are a.person with a. disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you. to the provision
of certain assistance. Please contact the Collier County Facilities Management
Department, located at-3335 Tamiami Trail East, Suite IO1, Building W, Naples,
Florida 34112, (239) 252-8380, Assisted listening devices for the hearing impaired
are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIM NANCE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha'Vergara, Deputy Clerk
(SEAL)
January 30, 2015 No. 2046867
17G �.
Martha S. Vergara
From: Martha S. Vergara
Sent: Tuesday, January 27, 2015 2:56 PM
To: OlsonNancy (NancyOlson @colliergov.net); Betancur, Natali; NeetVirginia
(VirginiaNeet @colliergov.net); Greene, Colleen
Subject: Ord. Amending Ord. 1989-11 Beach, Water Safety &Vessel Control Ord.
Attachments: UASFA04jpg
Hello All,
Attached is the ad proof from NDN, please review and let me know of any changes ASAP.
As this ad runs Friday 1/30/15.
Thanks,
Martha
1
G , F
Martha S. Vergara
From: Neet, Virginia
Sent: Tuesday,January 27, 2015 3:31 PM
To: Martha S. Vergara
Subject: FW: Ord. Amending Ord. 1989-11 Beach, Water Safety&Vessel Control Ord.
Approved.
Dinny
Original Message
From: GreeneColleen
Sent:Tuesday,January 27, 2015 3:25 PM
To: NeetVirginia
Subject: RE: Ord. Amending Ord. 1989-11 Beach, Water Safety&Vessel Control Ord.
Great-thank you.
Colleen M. Greene
Assistant County Attorney
(239) 252-8490
Fax(239) 252-6300
Original Message
From: NeetVirginia
Sent: Tuesday,January 27, 2015 3:08 PM
To: GreeneColleen
Subject: FW: Ord. Amending Ord. 1989-11 Beach, Water Safety&Vessel Control Ord.
Colleen:
For your approval. The ad title matches the Ordinance title. All else appears correct.
Dinny
Original Message
From: Martha S.Vergara [mailto:Martha.Vergara @collierclerk.com]
Sent:Tuesday,January 27, 2015 2:56 PM
To: OlsonNancy; BetancurNatali; NeetVirginia; GreeneColleen
Subject: Ord.Amending Ord. 1989-11 Beach,Water Safety&Vessel Control Ord.
Hello All,
Attached is the ad proof from NDN, please review and let me know of any changes ASAP.
As this ad runs Friday 1/30/15.
1
tic
Martha S. Vergara
From: Martha S.Vergara
Sent: Tuesday,January 27, 2015 3:52 PM
To: 'Polidora, Carol'
Subject: RE: Ad Confirmation
Carol,
This ad has been reviewed and approved by the legal department, please process with publishing as requested.
Thanks,
Martha
Original Message
From: Polidora, Carol [mailto:cpolidora @naplesnews.com]
Sent: Tuesday,January 27, 2015 2:51 PM
To: Martha S.Vergara
Subject: Ad Confirmation
Hi Martha!
Please provide approval ASAP for publication on 01.30.15.
Thanks!!!
Carol
Carol Polidora I Legal Advertising Specialist Naples Daily News
0: 239-213-6061 F: 239-325-1251
E: cpolidora @NaplesNews.com
A: 1100 Immokalee Road I Naples, FL 34110
Thank you for placing your ad.
Date 01/27/15
Publication NDN
Account Number 794985
Ad Number 2046867
Total Ad Cost $364.10
1
7
us -,
Naples Daily News
Naples, FL 34110
Affidavit of Publication
Naples Daily News
+
MARTHA VERGARA
NORTH COLLIER REGIONAL PARK
COL CO PARKS ADMIN
15000 LIVINGSTON RD
NAPLES FL 34109 -
NOTICE OF INTENT TO CONSIDER ORDINANCE
REFERENCE : 077750 4500156829 Notice•is hereby given that on Tuesday,February 10,2015,in the Boardroom,Third
• Floor, Administration Building, Collier County Government Center, 3299 East
59763827 NOTICE OF I NTEN I Tam iaml Trail, Naples, Florida, the Board of county commissioners, will consider
the enactment of a County Ordinance. The meeting will commence at 9:00 A.M.
The title of the proposed Ordinance is as follows:
AN. ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
State of Florida COUNTY, FLORIDA, AMENDING ORDINANCE NO. 89-11, AS AMENDED, THE
COLLIER COUNTY BEACH AND WATER SAFETY AND VESSEL CONTROL ORDINANCE,
Counties of Collier and Lee SPECIFICALLY SECTION THREE, "APPLICABILITY," BY REMOVING KEY ISLAND AS
Before the undersigned authority, pe INCLUSION IN THERCODE OF LAWS AND ORDINANCES;oCtt, says FOR CONFLICT
AND SEVERABILITY;AND PROVIDING FOR ANEFFECTIVE DATE.
appeared Dan McDermott, says that he s
A Copy of the proposed Ordinance is on file with the Clerk to the Board and is
Inside Sales Supervisor, O f the Naples available for inspection.All interested parties are invited to attend and be heard.
a daily newspaper published at Naples,' NOTE: All persons wishing to speak on any agenda item must register with the
County administrator prior to presentation of the agenda item to be addressed.
County, Florida: distributed in Colli Individual speakers will be limited to 3 minutes on any item. The selection of an
individual to speak on. behalf of an organization or group is encouraged. If
and Lee counties of Florida; that the recognized by the Chairman, a spokesperson for a group or organization may be
copy of advertising was published in s allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Boardagenda
newspaper on dates listed. packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case, written materials intended to be considered by the
Affiant further says that the said N Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations before the Board
News is a newspaper published at Naple will become a permanent part of the record.
Collier County, Florida, and that the , Any person who decides to appeal a decision of the Board will need a record of the
proceedings.pertaining thereto and therefore,may need to ensure that a verbatim
newspaper has heretofore been continuos record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
day and has been entered as second clay If you are a person with a disability who needs any accommodation in order to
matter at the post office i n Naples, 1 r participate in this proceeding,you are entitled,at no cost to you,to the provision
of certain assistance. Please contact the Collier County Facilities Management
Collier Count Florida for a period c Department, located at 3335 Tamiami Trail East, Suite #101,•Building W,impaired y Florida 34112, (239) 252-8380. Assisted listening devices for the hearing mpaired
next preceding the first publication of are available in the County Commissioners'Office.
attached copy of advertisement; and aff BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
further says that he has neither paid r TIM NANCE,CHAIRMAN
promised any person, firm or corporatic DWIGHT E.BROCK,CLERK
discount, rebate, commission or refund By:'Martha Vergara,Deputy Clerk
PPsecuring
purpose of this advertisement (SEAL)anuary 30.2015
No 7046867
J _
publication in the said newspaper.
PUBLISHED ON: 01/30
AD SPACE : 110 LINE
FILED ON: 01/30/15
,- , f
Signature of Affiant .
Sworn to and Subscribed iiore me , tit ji, day o4 (z)
'� '�� - �"
Personally known by n(e �0 ( /I`,,>l —....'— --- — —
VitT, , CAROL POLIOOt1A
Jfr
o Notary Public-State of Flotfda
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MroONOlonel Notary kw