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Agenda 03/08/2011 Item #16D8 Agenda Changes Board of County Commissioners Meeting March 8,2011 Move Item 17A to Item 8A: This item was Continued/rom the February 22,2011 BCC Meeting. Recommendation to approve an ordinance repealing Ordinance No. 86-28, as amended, related to flood damage prevention, in order to adopt, to the extent applicable, the regulations and policies set forth in the State of Florida Model Flood Damage Prevention Ordinance. (Commissioner Hiller's request) MOVE ITEM 16D8 TO 10F: RECOMMENDATION TO APPROVE THE PROPOSED AMENDMENT TO ORDINANCE NO. 89-11 REMOVING "KEY ISLAND" FROM THE LIST OF BARRIER ISLANDS, AND AUTHORIZE THE COUNTY MANAGER OR HIS DESIGNEE TO ADVERTISE SAID ORDINANCE, AND RETURN TO THE BOARD FOR FINAL APPROVAL. (COMMISSIONER HILLER AND COMMISSIONER FIALA'S REQUEST) Note: Revision to Executive Summary: Under the Considerations portion of the executive summary, second paragraph, the last sentence should read This Code does not contain language prohibiting open fires, camping or unleRshed leashed animals on the beach. Time Certain Items: Item 12A to be heard at 10:30 a.m. Item llA to be heard in a shade session at 1 :00 p.m. in the County Commissioner Conference Room Item 11B to be heard at 1 :30 p.m. Item 10C to be heard at 3:00 p.m. Note: Commissioners will be attending lunch with the Know Your County Government Teen Citizenship Program at the East Naples United Methodist Church from 12:00 to 1:00 p.m. 4/12/201112:47 PM r"\ r"\ r"\ . 3/8/2{}ltltemlan.J. . ~UTIVE SlJMl\M;RV ~...~ ."ppl'8ve~p~ ame....tteO~ No. 89..11 remo.,"'~~j" .f"o.,ilteaUaelted list of~. iIIad$iadlorize tile COUDty M........his~toadvertise sai4.0~,'....return to the Board forfiDalapp~aL OAm~: To provide U11ifonn ordinancesandconsistent.orcement of various activities on Key Islan9(Keewaydin). C~SIDE~'l'tqNS: Collier County Ordinance 89-11 (Collier CotmtyBeach.and Water Safety and Y~l Control.Ordinance)prohi:bits cert$nacti:vities~n County owned beach property ineludingopen fires,campipg and l~~... 'SectiOn three .(3) , "Applicability" currently includes "Key Island" (Keewey4in) as one of th~ barrier islands su~to enf()[cement ofthis.ordinance. Floridalandsowned by the Florida DeparunetltofEnvironmental Pro~on (FnEP}fajl under the jurisdiction of Florida Administrative. Code 18-23.007. 'llUs Code does not contain any laQgUageprohibitingopen fires, c8J:pping'or~.atthrl1a}$on the beaCh. A~e portionofKeewaydinISland is owned aJ1do~~yFDEPincluding sev~ parcels ofland: operated bytbeConservancy. Severalotlterparcels_ owned byl)rivate indi:viduais. Duetoti)einteresttllat FDEP has in Key~Flori. Fish and WilcBife C~~WC)officersate often dispatched and respond tot'equests for law . . enforcement by residents on the island. .FWC isa.~toenfo~~~ laws and FAC 18-23.007;JlOwever, FWC officers do not have the"rity to eMoree Collier County 01'<linances including 89-11. Residents who have open fire$ .on the beach,c.amporwalklea$hedpets are subject to two ~and somewbatcontradictory lawssimultan~ously.. Ifan FWCoflicer resp0n4s, heis.withouUbe authority to prohibit the above activities. ..lfa Col~.County Sheriffs deputy respon~the 4eputywill inform the'person.~theabovecle$cribedacti~ties are proh,ibitedand tnay take. enforcement action. The reSl:1ltis tbat a certain activity ma~ be prohibited or.authotized .~on what agency.~' tothecaU for. service. The proposed am~ntwould remove Key IslandIKeeywaydin Island from the jurisdiction of COUl1tyOrdin$nQe 89-11 andaUo:w for.UtUlonn.law ~orcement coD$istent with Florida Administrative Code guide1i1tesin re~tc>the,aboveactivities oothe~a . Collier County Parks and ReQreation Staff has co1lSul~_~l'ked with CollierC<,nmty Sheriff's Office and FWe'prior to bringing forward this issue. FlSC~IMPACT: There is no fiscal impact associated withthe~posed am~t. Pac~ Page ..1015- r'\ r'\ r'\ ...;a,t.a/2011Item 16.0.8. ) ~~W11I~.~~;wr.~T: None. ~AL CON~Q)~'llON:This i~ has beenreviewe4tJYtheCounty Attorney's Office, requires.majQr.i.ty vo~, 8l1disl~gally sufficientfot~_()n.-.CMG BECOMMENll~~~N:TbaUhe Board of CO\U1tyC()~mi$$i~etSapprove the proposed.. amend:meD... ........ t..t. 0... ...()r"in. an.... . ce No. 89...11 removing.~. ...{(... ey.I. sian.... ..d" from the jurisdiction of theotd.inan~,authorizestaffto advertise;~Qr4t~ce and return to the Board for final approval. Prepared by: Nancy.E. Olson, Manager.Beach and. Water . Collier County Parks and Recreation Pack,tPage. -.1016- 3/81201"1;Jt'lJl~~~tt8. ~ COLLIER COUNTY '. 8oardofCounty CommiJlioMr'$ Item Number: 16.0.8.. , Item Summary: ~mendatlcmto approve t~\~amendment to OrdinancaNe. 89-11 removing "Key Island" from the attached list of biH'l'ieristands,8Uthorize staff to advertise said Ordi.na.nce, and ""turn to the Board to fiMlapproval. Meeting Date: a/8I2011 . ,-- Prepa,.. By Name: NeIsonTona Title: Actministrative AssistlUlti Senior,Parb8tiRecreaUon. 2/16/2011 3:27:12 PM Submitted by ,-..,. Title: AdministratiV,e Assistant, Senior,Parks & Recreation. Name: .NelsonTona 2/16l2()1 I 3:Z7d4 PM ..' L~. Approved By Name: AlonsoH.ailey Title: Administrativ~ Assistant,Domestic Animal ServiCes . - - .. - - Date: 2/17/20111~30z42 PM Name: Will~ Title: Direeto; - Parks & R.eereation,htks& Recreation Date: W12011 1:54:57 PM Packet 'ase -1017- Name: GreeneColleen. Title: Assistant COUIltyAUOmey,County Attorney Date: 2/24/20114:16:19PM Name: R~sC'YMar1a Title: Administrator, Public. Services Date: 2/24/20114:57:16 PM ,-.., ,-,'-;.'.- Name~K.Jatz;kowJeff ~ Title~ County Attorney, Date: 2125/2011 8~26:35 AM ~. r'\ Name: PryorCheryl Title: Management! Budg<'tAnaly-St,.senior,Office of~t&Budget Date: 2/25/201110:10:36 AM Name: SheffieldMichael Title: Manager-Business OperatiOtlS, CMO Date: 2/25/2011 10:46:38 AM Packet Page -1018- 3/8/2011 Item 16~D.;8. 3/8/2011 Item 16.0.8. ~ ORDINANCE NO. 2011 -_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORlJ)A, AMENDING ORDINANCE NO. 89-11, AS AMENDED, THE COLLIER COUNTY BEACH AND WATER SAFETY AND VESSEL CONTROL ORDINANCE, SPECIFICALLY SECTION THREE, "APPLICABILITY," BY REMOVING KEY ISLAND AS ONE OF THE BARRIER ISLANDS SUBJECT TO ENFORCEMENT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AN)) ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. .~ WHEREAS, on February 28t 1989, the Board of County Commissioners adopted Ordinance No. 89-11, known as the "Collier County Beach and Water Safety and Vessel Control Ordinance," which Ordinance was subsequently amended by Ordinance Nos. 89-86, 96-28, 97-12, and 98-88; and WHEREAS, in keeping with a request by the Collier County Sheriffs Office, and in order to preclude delays in its enforcement of state law pertaining to activities in buffer preserves, the Board of County Commissioners desires to amend Section Three of Ordinance No. 89-11, as amended, by removing Key Island as one of the barrier islands su~ject to enforcement. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE. AMENDMENT TO SECTION THREE OF ORDINANCE NO. 89-11, AS AMENDED. Section Three is hereby amended to read as follows: SECTION THREE: APPLICABILITY. This Ordinance shall apply to and be enforced in the unincorporated area of Collier County, including Key Island, Marco Island, Sand Dollar Island and Little Hickory Island, and, except as otherwise specified herein, shall not apply to the other barrier islands within Collier County juri sdiction. -- Page I of2 Words underlined are added; Words slnlelc thrsl:lgh arc deleted. Packet Page -1019- 3/8/2011 Item 16.0.8. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and . Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article/' or any other appropriate word. ~ SECTION THREE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION :FOUR: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _day of ,2011. ,.,........., , ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORJDA By: , Deputy Clerk By: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: G, Colleen M. Greene Assistant County Attorney ~. Page 2 of2 Words underlined are added; Words stniek tlmHlgh are deleted. Packet Pa~e -1020-