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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. Packet Page-431- 1/27/2015 16.D.5. 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). Packet Page-432- 1/27/2015 16.D.5. 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 Packet Page-433- 1/27/2015 16.D.5. 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 Packet Page-434- _ 1/27/2015 16.D.5. `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 `' - - - , 1 I MX 035P6E 05 . .-:',0>i: 15-_ , Packet Page-435- 1/27/2015 16.D.5. 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 I 7i - 2 - s, . (�ms+s t ,, iowc X35 PACE 06 Packet Page -436- r` N■■. 1/27/2015 16.D.5. 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. rt; - 3 EOOK 035 PAGE �7 - Packet Page-437- ■ 1/27/2015 16.D.5. `"„ 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 j 0 vxsE 08 ao� 35 Packet Page-438- 1/27/2015 16.D.5. 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. 035 W 09 t ;. MK A Packet Page -439- 1/27/2015 16.D.5. 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. 0054E -II)'; eoac �0054E _IO - ` --- - •- Packet Page-440- Gi, r r1/27/2015 16.D.5. }• , ..? (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: `' �: SMW 03,514= 11 Packet Page-441- . 1/27/2015 16.D.S. 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: Packet Page-442- f. 1/27/2015 16.D.5. .,. .'' (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. NM 035f,:! 13 t• - 9 - 0" Packet Page-443- • 1/27/2015 16.D.5. • 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 Myi7 trtr• - 10 -um 035PA:E 14 Packet Page -444- 1/27/2015 16.D.5. 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 . of II _ ` / i /� tints Omit 600K 035 Mt 15 - 11 - f. Packet Page-445- , ;•>•' • 1/27/2015 16.D.5. ':' 4.i Vii'' ,';i::, 'r!: 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 •I'' 'i' k,.w, ?':�•�: '',a r0.,!' --__-- —_ _. _ ..e •fi.i'i. '.,. i `^*r_ :. 1001( 035p4`t 16• i ,x� 't. 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. Packet Page-447- C'9 1/27/2015 16.D.5. 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. Packet Page-448- G 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. Packet Page -449- 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 Packet Page-450- � � 1/27/2015 16.D.5. • • ray, • i : City of Naples • , Keewaydin Island Ownership Private-196 acres State- 1218 acres . err» y 9 8ti1 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. Packet Page-453- 1/27/2015 16.D.5. 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 Packet Page-454- 1/27/2015 16.D.5. 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 Packet Page-456- 1/27/2015 16.D.5. 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 Packet Page-457- 1/27/2015 16.D.5. 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? Page 228 Packet Page-458- 1/27/2015 16.D.5. 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 Page 229 Packet Page-459- 1/27/2015 16.D.5. 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 Page 230 Packet Page-460- 1/27/2015 16.D.5. 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 Page 231 Packet Page-461- 1/27/2015 16.D.5. March 8, 2011 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. Page 232 Packet Page-462- 1/27/2015 16.D.5. March 8, 2011 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 Page 233 Packet Page-463- 1/27/2015 16.D.5. March 8, 2011 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 Page 234 Packet Page-464-