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Backup Documents 06/26/2018 Item # 9B 98 COLLIER COUNTY FLORIDA �`�� ,,, 'r REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS • ;' Fes' To: Clerk to the Board: Please place the following as a: .. ,r XXX Normal legal Advertisement ❑ Other: (Display Adv.,location,etc.) Originating Dept/Div County Attorney Person: Jeffrey A.Klatzkow,County Attorney Date: June 12,2018 Petition No.(If none,give brief description): Vanderbilt Beach Customary Use Ordinance 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.)June 26,2018(ad to run no later than, FRIDAY,June 15,2018) Newspaper(s)to be used: (Complete only if important): XXX Naples Daily News ❑ Other XXX Legally Required Proposed Text:(Include legal description&common location&Size: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO BE KNOWN AS THE VANDERBILT BEACH CUSTOMARY USE ORDINANCE, PROTECTING THE PUBLIC'S LONG- STANDING CUSTOMARY USE OF ALL OF VANDERBILT BEACH; PROVIDING FOR A STATEMENT OF PURPOSE AND INTENT; PROVIDING FOR A DEFINITION OF VANDERBILT BEACH; PROVIDING FOR A RIGHT TO RECREATE; PROVIDING FOR A 15 FOOT BUFFER ZONE; MAKING IT UNLAWFUL TO CREATE OBSTRUCTIONS ON VANDERBILT BEACH; MAKING IT UNLAWFUL TO POST ANY PART OF VANDERBILT BEACH AS PRIVATE; PROVIDING FOR PENALTY FOR VIOLATIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s),if any&proposed hearing date: N/A Does Petition Fee include advertising cost?❑Yes XXX No If Yes,what account should be charged for advertising costs: PO#4500181468 Reviewed .,: 1' A tl1 6 !l Division Ad i,1 j tor or Designee Date List Attachment: , Proposed Ordinances 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: 0 County Manager agenda file: to 0 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 USE ONLY• -)) -'1(11' %', f Date Received: 7 / G -Date of Public hearing: Y Date Advertised: t.l { 9B ORDINANCE NO.2018- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO BE KNOWN AS THE VANDERBILT BEACH CUSTOMARY USE ORDINANCE, PROTECTING THE PUBLIC'S LONG-STANDING CUSTOMARY USE OF ALL OF VANDERBILT BEACH; PROVIDING FOR A STATEMENT OF PURPOSE AND INTENT; PROVIDING FOR A DEFINITION OF VANDERBILT BEACH; PROVIDING FOR A RIGHT TO RECREATE;PROVIDING FOR A 15 FOOT BUFFER ZONE; MAKING IT UNLAWFUL TO CREATE OBSTRUCTIONS ON VANDERBILT BEACH; MAKING IT UNLAWFUL TO POST ANY PART OF VANDERBILT BEACH AS PRIVATE; PROVIDING FOR PENALTY FOR VIOLATIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents of the county by enacting and enforcing regulations concerning the use of property necessary for the protection and benefit of the public; and WHEREAS,the Collier County Board of County Commissioners hereby finds that from time immemorial the public has enjoyed access to Vanderbilt Beach and has made recreational use of Vanderbilt Beach; that this use has been ancient, reasonable, without interruption, and free from dispute;that because of this customary access and use,the public has the right of access to Vanderbilt Beach and a right to use Vanderbilt Beach for recreation and other customary purposes; that to protect this customary access and use, the Board from time-to-time has spent public moneys to renourish and enhance Vanderbilt Beach;and WHEREAS, the Board of County Commissioners desires to adopt these regulations to protect the public's right to access and recreate along Vanderbilt Beach, and to protect the tourism industry of Collier County, while at the same time protecting the private property rights of those owners with lands adjacent to the Gulf. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA that: Page 1 of 4 9B Section One: Title. This Ordinance shall be known and may be cited as the "Collier County Vanderbilt Beach Customary Use Ordinance." Section Two: Purpose and Intent. The purpose of this Ordinance is to protect the public's long-standing customary use of Vanderbilt Beach, including the dry sand portion thereof, while at the same time protecting the private property rights of those owners with lands adjacent to Vanderbilt Beach. This Ordinance shall not be construed to affect in any way the title of any owner of land adjacent to Vanderbilt Beach, and is to be read as a supplement to Ordinance 76-20, known as The Public Beach Access Ordinance. Section Three: Definition. As utilized herein,Vanderbilt Beach shall mean the entire beach commencing at the southern terminus of Delnor-Wiggins Pass State Park,thence running southerly past Vanderbilt Beach Road until FDEP Monument R-31.5. Vanderbilt Beach shall include not only that part of the beach seaward of the mean high water line, but shall also include the dry sandy area adjacent to the mean high water line up to the vegetative line. Section Five: Right to Recreate Except as provided below,the public shall have the right to recreate along all of Vanderbilt Beach. Recreation shall include walking,jogging, sunbathing with or without a beach umbrella, picnicking, fishing,building sandcastles, and other similar recreational beach activities. Section Six: Buffer Zone The public at large, including the residents and visitors of the County, shall not utilize a 15-foot buffer zone located seaward of any permanent habitable structure owned by a private entity that is located on, or adjacent to, the dry sand areas of the beach, whichever is more seaward, except as is necessary to utilize an existing or future public beach access point for ingress and egress to the beach. Page 2 of 4 9B Section Seven: Obstruction of Vanderbilt Beach It shall be unlawful for any person to create, erect or construct any fence, structure, barrier or restraint within Vanderbilt Beach. Sand fences,which have received all necessary permits from state and federal agencies, and turtle fences are exempt from the prohibition contained in this section. Section Eight: Posting of Beach Except for buffer zones,it shall be unlawful for any person to display or cause to be displayed anywhere along Vanderbilt Beach any sign, marker or warning stating that any part of Vanderbilt Beach is private or that the public does not have the right to access or recreate upon any part of Vanderbilt Beach. Buffer zones may be marked as such. Section Nine: Penalty for Violations. Violation of any provision of this Ordinance shall be treated in the same manner as a misdemeanor of the second degree punishable by a fine not exceeding$500.00 or by imprisonment not to exceed 60 days,or by both such fine and imprisonment. All violations of this Ordinance may be processed according to the Collier County Consolidated Code Enforcement Ordinance(Ord. No. 2010-04, as amended) and per provisions of Chapter 162, pts. I or II, Florida Statutes, as may be applicable. A law enforcement official or code enforcement officer is specifically authorized to issue a citation for each violation of this Ordinance. Section Ten. 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 court of competent jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. Section Eleven. 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- Page 3 of 4 9B lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. Section Twelve. Effective Date. This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida,this day of ,2018. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY,FLORIDA By: By: , Deputy Clerk Andy Solis,Chairman Approved as to form and legality: Jeffrey A. Klatzkow, County Attorney Page 4 of 4 9B Account #027354 June 12, 2018 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 RE: Vanderbilt Beach Customary Use Ordinance Dear Legals: Please advertise the above referenced Legal Notice Friday, June 15, 2015 and send the Affidavit of Publication with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500181468 9B NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, June 26, 2018, in the Boardroom, Third Floor, Administration Building, Collier County Government Center, 3299 Tamiami Trail East, 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, TO BE KNOWN AS THE VANDERBILT BEACH CUSTOMARY USE ORDINANCE, PROTECTING THE PUBLIC' S LONG- STANDING CUSTOMARY USE OF ALL OF VANDERBILT BEACH; PROVIDING FOR A STATEMENT OF PURPOSE AND INTENT; PROVIDING FOR A DEFINITION OF VANDERBILT BEACH; PROVIDING FOR A RIGHT TO RECREATE; PROVIDING FOR A 15 FOOT BUFFER ZONE; MAKING IT UNLAWFUL TO CREATE OBSTRUCTIONS ON VANDERBILT BEACH; MAKING IT UNLAWFUL TO POST ANY PART OF VANDERBILT BEACH AS PRIVATE; PROVIDING FOR PENALTY FOR VIOLATIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; 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 9B 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, (239) 252-8380 . Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ANDY SOLIS, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) 9B Martha S. Vergara From: Martha S. Vergara Sent: Tuesday,June 12, 2018 2:49 PM To: Legals NDN (legals@naplesnews.com) Subject: Vanderbilt Beach Customary Use Ordinance (6-27-18) Attachments: Vanderbilt Beach Customary Use Ordinance (6-26-18).doc;Vanderbilt Beach Customary Use Ordinance (6-27-18).doc Importance: High Hello, Please advertise the following attached ad Friday, June 15, 2018. Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, UMR sevu,or Cleriz Miwutes Records Dept. Clerle of the CLrcuft Court .g value Adjustv.tewt Board Office:fie: (239) 252-7240 Fax: (239) 252-8408 6 vuall: mamba.vergaraPoolliercleriz.covu. 1 Martha S. Vergara 9 B From: Legals@naplesnews.com Sent: Tuesday,June 12, 2018 3:21 PM To: Martha S. Vergara Subject: For your approval Ad: 2041955, NOTICE OF INTENT TO CONSIDER ORDINAN Attachments: OFFICEOFTH-33-2041955-1.pdf Hi Martha, Attached is the ad proof, please review and let us know if you have any questions. We need an approval in order for the ad to run on the 1st date scheduled. Deadline: 2pm for next day publication, except for Sunday/Monday publication, the deadline is 4pm on Friday. Thank you, Mereida Cardenas Legal Advertising Specialist PART OF THE USA TODAY NETWORK Office: 239.213.6061 Legals@naplesnews.com naplesnews.com 1 > Ad Proof NapLc 9B Sales Rep:Mereida Cardenas(N9103) Phone: Email: Account Inlormat on Insertion Information Date:06/12/18 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:525058(N027354) Please confirm placement prior to deadline by contacting your account Company Name:OFFICE OF THE COUNTY ATTORNEY rep at . Ad Id:2041955 P.O.No.:4500181468 Total Cost:$383.77 Contact Name: Email:Emil m collier ov.net Tag Line:NOTICE OF INTENT TO CONSIDER ORDINAN ypep @ g Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112-5749 Start Date:06/15/18 Stop Date:06/15/18 Phone:(239)252-8400 Fax:(239)774-0225 Number of Timess: 1 Class: 16250-Public Notices Publications:ND-Naples Daily News,ND-Internet-naplesnews.com Ad Prof I agree this ad is accurate and as ordered. NOTICE OF INTENT TO IN THE CODE OF LAWS AND record. CONSIDER ORDINANCE ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE. Any person who decides Notice is hereby given that to appeal a decision of the on Tuesday, June 26, 20.18, in A Copy of the proposed Board will need a record of the Boardroom, Third Floor, Ordinance is on file with the the proceedings pertaining Administration Building, Clerk to the Board and is thereto and therefore, may Collier County Government available for inspection. All need to ensure that a verbatim Center, 3299 Tamiami Trail interested parties are invited record of the proceedings is East,Naples,Florida,the Board to attend and be heard. made, which record includes of County Commissioners, the testimony and evidence will consider the enactment NOTE: All persons wishing upon which the appeal is of a County Ordinance. The to speak on any agenda based. meeting will commence at 9:00 item must register with A.M. The title of the proposed the County administrator If you are a person with a Ordinance is as follows: prior to presentation of the disability who needs any agenda item to be addressed. accommodation in order to AN ORDINANCE OF THE BOARD Individual speakers will be participate in this proceeding, OF COUNTY COMMISSIONERS limited to 3 minutes on any you are entitled,at no cost to OF COLLIER COUNTY, item. The selection of an you,to the provision of certain FLORIDA, TO BE KNOWN AS individual to speak on behalf assistance. Please contact THE VANDERBILT BEACH of an organization or group is the Collier County Facilities CUSTOMARY USE ORDINANCE, encouraged. If recognized by Management Department, PROTECTING THE PUBLIC'S the Chairman,a spokesperson located at 3335 Tamiami Trail LONG-STANDING CUSTOMARY for a group or organization East, Suite #101, Building W, USE OF ALL OF VANDERBILT may be allotted 10 minutes to Naples, Florida 34112, (239) BEACH; PROVIDING FOR A speak on an item. 252-8380. Assisted listening STATEMENT OF PURPOSE devices for the hearing AND INTENT; PROVIDING Persons wishing to have impaired are available in FOR A DEFINITION OF written or graphic materials the County Commissioners' VANDERBILT BEACH; included in the Board agenda Office. PROVIDING FOR A RIGHT TO packets must submit said RECREATE; PROVIDING FOR material a minimum of 3 BOARD OF COUNTY A 15 FOOT BUFFER ZONE; weeks prior to the respective COMMISSIONERS MAKING IT UNLAWFUL TO public hearing. In any case, COLLIER COUNTY,FLORIDA CREATE OBSTRUCTIONS ON written materials intended to ANDY SOLIS,CHAIRMAN VANDERBILT BEACH; MAKING be considered by the Board IT UNLAWFUL TO POST ANY shall be submitted to the DWIGHT E.BROCK,CLERK PART OF VANDERBILT BEACH appropriate County staff a By: Martha Vergara, Deputy AS PRIVATE; PROVIDING FOR minimum of seven days prior Clerk (SEAL) PENALTY FOR VIOLATIONS; to the public hearing. All June 15,2018 No.2041955 PROVIDING FOR CONFLICT material used in presentations AND SEVERABILITY; before the Board will become PROVIDING FOR INCLUSION a permanent part of the Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat- egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run. 9B Martha S. Vergara From: Martha S. Vergara Sent: Tuesday,June 12, 2018 3:27 PM To: NeetVirginia Subject: Beach Use Ordinance Attachments: OFFICEOFTH-33-2041955-1.pdf Hi Dinny, For your review the Beach Use Ordinance. Let me know of any changes needed. Martha i Martha S. Vergara 9 B From: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Sent: Tuesday,June 12, 2018 3:34 PM To: Martha S.Vergara; Minutes and Records Subject: RE: Beach Use Ordinance Title is correct. Approved. Dinny Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239)252-8066- Fax(239) 252-6600 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. Original Message From: Martha S.Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Tuesday,June 12, 2018 3:27 PM To: NeetVirginia<Virginia.Neet@colliercountyfl.gov> Subject: Beach Use Ordinance Hi Dinny, For your review the Beach Use Ordinance. Let me know of any changes needed. Martha Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@collierclerk.com, quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. 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 9B Martha S. Vergara From: Martha S.Vergara Sent: Tuesday, June 12, 2018 3:36 PM To: Naples Daily News Legals Subject: RE: For your approval Ad: 2041955, NOTICE OF INTENT TO CONSIDER ORDINAN Importance: High Hi Mereida, This ad has been reviewed and approved by the legal department. Please proceed with publishing as requested. Thanks, Martha Original Message From: Legals@naplesnews.com <Legals@naplesnews.com> Sent: Tuesday,June 12, 2018 3:21 PM To: Martha S.Vergara <Martha.Vergara@collierclerk.com> Subject: For your approval Ad: 2041955, NOTICE OF INTENT TO CONSIDER ORDINAN Hi Martha, Attached is the ad proof, please review and let us know if you have any questions. We need an approval in order for the ad to run on the 1st date scheduled. Deadline: 2pm for next day publication, except for Sunday/Monday publication, the deadline is 4pm on Friday. Thank you, Mereida Cardenas Legal Advertising Specialist PART OF THE USA TODAY NETWORK Office: 239.213.6061 Legals@naplesnews.com naplesnews.com 9R NAPLESNEWS.COM I FRIDAY, JUNE 15, 2018 I 17D1 18D I FRIDAY, JUNE 15, 2018 I NAPLES DAILY NEWS `'Ilk Notices Public Notices CREATE OBSTRUCTIONS ON VANDERBILT BEACH; MAKING BOARD OF COUNTY IT UNLAWFUL TO POST ANY COMMISSIONERS COLLIER PART OF VANDERBILT BEACH AS PRIVATE; PROVIDING FOR PENALTY FOR VIOLATIONS; ANDY SOLIS,COUNTY,CHAIRMAN FLORIDA PROVIDING FOR CONFLICT DWIGHT E.CROCK,CLERK PND SERfINCLUSION By: Martha Vergara, Deputy PROVIDING FOR INCLUSION (SEAL) k IN THE CODE OF LAWS AND Clerk 15,2 No.2041955 ORDINANCES;AND PROVIDING June 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. ific Notices j ''_ n NOTICE OF INTENT TO to appeal a decides f decision the I<ONSIDER ORDINANCE Board will need a record of the proceedings pertaining Notice is hereby given that thereto and therefore, may on Tuesday, June 26 2018, in need to ensure that a verbatim the Boardroom, T�Froor, record of the proceedings is Administration Building, made, which record includes Collier County Government the testimony and evidence Center, 3299 Tamiami Trail upon which the appeal is East,Naples,Florida,the Board based. of County Commissioners, will consider the enactment If you are a person with a of a County Ordinance. The disability who needs any meeting will commence at 9:00 accommodation in order to A.M. The title of the proposed participate in this proceeding, Ordinance is as follows: you are entitled,at no cost to you,to the provision of certain AN ORDINANCE OF THE BOARD assistance. Please contact OF COUNTY COMMISSIONERS the Collier County Facilities OF COLLIER COUNTY, Management Department, FLORIDA, TO BE KNOWN AS located at 3335 Tamiami Trail THE VANDERBILT BEACH East, Suite #101, Building W, CUSTOMARY USE ORDINANCE, Naples, Florida 34112, (239) PROTECTING THE PUBLIC'S 252-8380. Assisted listening LONG-STANDING CUSTOMARY devices for the hearing USE OF ALL OF VANDERBILT impaired are available in BEACH; PROVIDING FOR A the County Commissioners' STATEMENT OF PURPOSE Office. AND INTENT; PROVIDING FOR A DEFINITION OF VANDERBILT BEACH; There's no place like here! ®=i PROVIDING FOR A RIGHT TO RECREATE; PROVIDING FOR A 15 FOOT BUFFER ZONE; Naples Daily News localfieds MAKING IT UNLAWFUL TO 9B apLri EIttitH rW3 NaplesNevws.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# OFFICE OF THE COUNTY ATTORNEY 2041955 NOTICE OF INTENT TO 4500181468 Pub Dates June 15,2018 • at/Vitt 1Z/1 (Sig ture of affiant) KAROLEKANGAS' i... Notary Public-State of Florida Sworn to and subscribed before me ; Commission t GG 126041 `‘ a"E. My Comm.Expires loh29,2021 P This June 15,2018 •.,o.. ` aameathmayrNremaIMaayMas \- a3„f q47,0 (Signature of affiant) NOTICE OF INTENT TO need to ensure that a verbatim CONSIDER ORDINANCE record of the proceedings is made, which record includes Notice is hereby given that the testimony and evidence on Tuesday, June 26 2018, in upon which the appeal is the Boardroom, Third Floor, based. Administration Building, Collier County Government If you are a person with a Center, 3299 Tamiami Trail disability who needs any East,Naples,Florida,theBoard accommodation in order to of County Commissioners, participate in this proceeding, will consider the enactment you are entitled,at no cost to of a County Ordinance. The you,to the provision of certain meeting will commence at 9:00 assistance. Please contact A.M. The title of the proposed the Collier County Facilities Ordinance is as follows: Management Department, located at 3335 Tamiami Trail AN ORDINANCE OF THE BOARD East, Suite #101, Building W, OF COUNTY COMMISSIONERS Naples, Florida 34112, (239) OF COLLIER COUNTY, 252-8380. Assisted listening FLORIDA, TO BE KNOWN AS devices for the hearing THE VANDERBILT BEACH impaired are available in CUSTOMARY USE ORDINANCE, the County Commissioners' PROTECTING THE PUBLIC'S Office. LONG-STANDING CUSTOMARY USE OF ALL OF VANDERBILT BOARD OF COUNTY BEACH; PROVIDING FOR A COMMISSIONERS STATEMENT OF PURPOSE COLLIER COUNTY,FLORIDA AND INTENT; PROVIDING ANDY SOLIS,CHAIRMAN FOR A DEFINITION OF VANDERBILT BEACH; DWIGHT E.BROCK,CLERK PROVIDING FOR A RIGHT TO By: Martha Vergara, Deputy RECREATE; PROVIDING FOR Clerk (SEAL) A 15 FOOT BUFFER ZONE; June 15,2018 No.2041955 MAKING IT UNLAWFUL TO CREATE OBSTRUCTIONS ON VANDERBILT BEACH; MAKING IT UNLAWFUL TO POST ANY PART OF VANDERBILT BEACH AS PRIVATE; PROVIDING FOR PENALTY FOR VIOLATIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;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 ORIGINAL DO ' MENTS CHECKLIST & ROUTING SLIP TO ACCOMP 't ALL ORIGINAL DOCUMENTS SENT TO • THE BOARD OF COU !I COMMISSIONERS OFFICE FOR SIGNATURE 9 B Print on pink paper. Attach to original document. The I mpleted routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office JAK 6/26/18 4. BCC Office Board of County ] .�i Commissioners 16- 5. Minutes and Records Clerk of Court's Office (Qla9-1(8 8:164K-- PRIMARY CONTACT INFORMATION r Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jeffrey Klatzkow,County Attorney Phone Number --lr ,7Y Contact/Department Z,+SZ, $�00 Agenda Date Item was 6/26/18 Agenda Item Number 9-B Approved by the BCC Type of Document Ordinance—Vanderbilt Beach Customary Number of Original One Attached Use Documents Attached PO number or account n/a (8, ' 31 number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature JAK 2. Does the document need to be sent to another agency for additional signatures? If yes, JAK provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JAK should be provided to the County Attorney Office at the time the item is input into MinuteTraq. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 6/26/18 and all changes made during the JAK N/A is not meeting have been incorporated in the attached document. The County Attorney's an option` Office has reviewed the changes,if applicable. is line. 9. Initials of attorney verifying that the attached document is the version approved by e 31:24‹ • ► 4i: is not BCC,all changes directed by the BCC have been made,and the document is ready 'r the an .ption for Chairman's signature. s lie. - • [04-COA-01081/1344830/1]I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05; Revised 11/30/12 9B Ann P. Jennejohn From: Ann P.Jennejohn Sent: Wednesday, June 27, 2018 10:57 AM To: 'countyordinances@dos.myflorida.com' Subject: CLL20180627 Ordinance2018 31 Attachments: CLL20180627_Ordinance2018_31.pdf COUNTY: CLL (COLLIER) ORDINANCE NUMBER: 2018-31 SENT BY: Collier County Clerk of the Circuit Court Board Minutes & Records Department SENDER'S PHONE: 239-252-8406 Thavtk you. Ann Jennejohn, Deputy Clerk Board Minutes & Records Departvvtevtt Collier County Value Adjustvvtevtt Board 239-2s2-s4o6 1 9 B ORDINANCE NO. 2018 -31 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO BE KNOWN AS THE VANDERBILT BEACH CUSTOMARY USE ORDINANCE, PROTECTING THE PUBLIC'S LONG-STANDING CUSTOMARY USE OF ALL OF VANDERBILT BEACH; PROVIDING FOR A STATEMENT OF PURPOSE AND INTENT; PROVIDING FOR A DEFINITION OF VANDERBILT BEACH; PROVIDING FOR A RIGHT TO RECREATE;PROVIDING FOR A 15 FOOT BUFFER ZONE; MAKING IT UNLAWFUL TO CREATE OBSTRUCTIONS ON VANDERBILT BEACH; MAKING IT UNLAWFUL TO POST ANY PART OF VANDERBILT BEACH AS PRIVATE; PROVIDING FOR PENALTY FOR VIOLATIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents of the county by enacting and enforcing regulations concerning the use of property necessary for the protection and benefit of the public; and WHEREAS,the Collier County Board of County Commissioners hereby finds that from time immemorial the public has enjoyed access to Vanderbilt Beach and has made recreational use of Vanderbilt Beach; that this use has been ancient, reasonable, without interruption, and free from dispute;that because of this customary access and use,the public has the right of access to Vanderbilt Beach and a right to use Vanderbilt Beach for recreation and other customary purposes; that to protect this customary access and use, the Board from time-to-time has spent public moneys to renourish and enhance Vanderbilt Beach; and WHEREAS, the Board of County Commissioners desires to adopt these regulations to protect the public's right to access and recreate along Vanderbilt Beach, and to protect the tourism industry of Collier County, while at the same time protecting the private property rights of those owners with lands adjacent to the Gulf. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: Page 1 of 4 99 Section One: Title. This Ordinance shall be known and may be cited as the "Collier County Vanderbilt Beach Customary Use Ordinance." Section Two: Purpose and Intent. The purpose of this Ordinance is to protect the public's long-standing customary use of Vanderbilt Beach, including the dry sand portion thereof, while at the same time protecting the private property rights of those owners with lands adjacent to Vanderbilt Beach. This Ordinance shall not be construed to affect in any way the title of any owner of land adjacent to Vanderbilt Beach, and is to be read as a supplement to Ordinance 76-20, known as The Public Beach Access Ordinance. Section Three: Definition. As utilized herein,Vanderbilt Beach shall mean the entire beach commencing at the southern terminus of Delnor-Wiggins Pass State Park, thence running southerly past Vanderbilt Beach Road until FDEP Monument R-31.5. Vanderbilt Beach shall include not only that part of the beach seaward of the mean high water line, but shall also include the dry sandy area adjacent to the mean high water line up to the vegetative line. Section Five: Right to Recreate Except as provided below, the public shall have the right to recreate along all of Vanderbilt Beach. Recreation shall include walking,jogging, sunbathing with or without a beach umbrella, picnicking, fishing, building sandcastles, and other similar recreational beach activities. Section Six: Buffer Zone The public at large, including the residents and visitors of the County, shall not utilize a 15-foot buffer zone located seaward of any permanent habitable structure owned by a private entity that is located on, or adjacent to, the dry sand areas of the beach, whichever is more seaward, except as is necessary to utilize an existing or future public beach access point for ingress and egress to the beach. Page 2 of 4 99 Section Seven: Obstruction of Vanderbilt Beach It shall be unlawful for any person to create, erect or construct any fence, structure, barrier or restraint within Vanderbilt Beach. Sand fences, which have received all necessary permits from state and federal agencies, and turtle fences are exempt from the prohibition contained in this section. Section Eight: Posting of Beach Except for buffer zones,it shall be unlawful for any person to display or cause to be displayed anywhere along Vanderbilt Beach any sign, marker or warning stating that any part of Vanderbilt Beach is private, that the public does not have the right to access or recreate upon any part of Vanderbilt Beach,or to in any way interfere with any person who is lawfully using Vanderbilt Beach. Buffer zones may be marked as such. Section Nine: Penalty for Violations. Violation of any provision of this Ordinance shall be treated in the same manner as a misdemeanor of the second degree punishable by a fine not exceeding $500.00 or by imprisonment not to exceed 60 days,or by both such fine and imprisonment. All violations of this Ordinance may be processed according to the Collier County Consolidated Code Enforcement Ordinance(Ord. No. 2010-04, as amended) and per provisions of Chapter 162, pts. I or II, Florida Statutes, as may be applicable. A law enforcement official or code enforcement officer is specifically authorized to issue a citation for each violation of this Ordinance. Section Ten. 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 court of competent jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. Section Eleven. 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- Page 3 of 4 9B lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. Section Twelve. Effective Date. This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this7LV1-k day of dirk. , 2018. ATTEST: BOARD OF o'0 TY COM •IONERS CRYSTAL K. KINZEL, Interim ClerkCOLLIE' 0 Y, FLO'. • By: () IUY i , By: ' D5 t}.Clerk Andy Solis, Chairman Attest as t0 :air01a V.., sign, re on y. Appr©v•, I i orm 4'legality: , a Jeffrey A 74TinkiW, County Attorney This orci,r:[n; - ts: : sec ry cf :j: 'N.? and acknow'edgocn c is at filing r ceiveci this y goy of 4 , , -J i . . By Page 4 of 4 � g�, %IIL SC,r f, -, yip , i '�z: ..,i-,-, ,. 4.,, v ,,„,", ,,,, , i FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State June 27, 2018 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ann Jennejohn Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2018-31,which was filed in this office on June 27, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us