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Agenda 07/27/2010 Item #17GAgenda Item No. 17G July 27, 2010 Page 1 of 10 - EXECUTIVE SUMMARY Recommendation to adopt an Ordinance entitled "Collier County Public Parks and Beach Access Parking Ordinance" establishing regulations relating to public parks and beach access parking areas, and approve a companion Resolution designating certain areas owned or leased by Collier County as "Public Park Parking" or "Public Beach Access Parking" in accordance with the procedures set forth in said Ordinance. OBJECTIVE: To obtain Board of County Commissioners (Board) approval of an Ordinance establishing regulations relating to public parks and beach access parking areas and a companion Resolution designating certain areas owned or leased by Collier County as "Public Park Parking" or "Public Beach Access Parking" in accordance with said Ordinance. CONSIDERATIONS: Collier County currently provides parking lots and garages for public parks and beach access intended to benefit those members of the public seeking recreation. These areas, however, are now being used for commercial overflow parking and private uses which is contrary to the intended public use. The proposed Ordinance provides regulations relating to the public parks and beach access parking facilities to preserve their intended benefit which is to provide adequate park and beach access parking for Collier County citizens and visitors. The Ordinance also provides the mechanism by which the Board may, by Resolution, designate certain areas owned or leased by the County as "Public Park Parking or Public Beach Access Parking." The proposed Resolution designates the following County -owned or County - leased areas: (1) Any and all Collier County beach park facilities and beach parking locations where parking fees are charged and /or required. (2) Any and all Collier County park facilities. At its May 25, 2010 meeting (Item 16D8) the Board authorized staff to advertise the proposed Ordinance for future consideration. The proposed Ordinance was advertised for the June 22, 2010 meeting but continued to July 27, 2010. FISCAL IMPACT: There is no fiscal impact associated with the action. GROWTH MANAGEMENT IMPACT: Community and Regional Parks are inventoried in the Growth Management Plan. There arc no further impacts. LEGAL CONSIDERATIONS: The proposed Ordinance and Resolution were drafted by the County Attorney's Office and arc legally sufficient for Board action. - JAK Agenda Item No, 17G July 27, 2010 Page 2 of 10 RECOMMENDATION: That the Board of County Commissioners adopts the proposed Ordinance entitled "Collier Comity Public Parks and Beach Access Parking Ordinance" establishing regulations relating to public parks and beach access parking areas, and approves the companion Resolution designating certain areas owned or leased by Collier County as "Public Park Parking' or "Public Beach Access Parking." Prepared by: Barry Williams, Director, Parks and Recreation Department Agenda Item No. 17G July 27, 2010 Page 3 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17G Item Summary: This item was continued from the June 22, 2010 Board meeting - Recommendation to adopt an Ordinance entitled Collier County Public Parks and Beach Access Parking Ordinance establishing regulations relating to public parks and beach access parking areas, and approve a companion Resolution designating certain areas owned or leased by Collier County as Public Park Parking or Public Beach Access Parking in accordance with the procedures set forth in said Ordinance. Meeting Date: 7727/2010 9:00:00 AM Prepared By Tona Nelson Public Services Division Approved By Jeff Klatzkow Administrative Assistant, Senior Date Parks & Recreation 7/212010 9:44:24 AM County Attorney Date 7114.'2010 3:44 PM Approved By Marla Ramsey Administrator- Public Services Date Public Services Division Public Services Division 7114!2010 4:34 PM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 7114/2010 4:42 PM Approved By Barry Williams Director - Parks & Recreation Date Public Services Division Parks & Recreation 7/1512010 8:13 AM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budoet 7/15!201010:15 AM Approved By Sherry Pryor Management/ Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 7115120'0 1 2:40 PM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 7/18x2010 4:22 PM Agenda Item No. 17G July 27. 2010 Page 4 of 10 RESOLUTION NO. 2010 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DESIGNATING CERTAIN AREAS OWNED OR LEASED BY COLLIER COUNTY AS PUBLIC PARK PARKING OR PUBLIC BEACH ACCESS PARKING IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN ORDINANCE NO. 2010 - , THE "COLLIER COUNTY PUBLIC PARKS AND BEACH ACCESS PARKING ORDINANCE." WHEREAS, on June 22, 2010, Board of County Commissioners (Board) adopted Ordinance No. 2010 - , the "Collier County Public Parks and Beach Access Parking Ordinance" to address the use of certain public garages and lots for commercial overflow parking and privates uses which is contrary to the intended public benefit of these public park and beach access facilities; and WHEREAS, in an effort to protect the public's ability to access the public parks and beaches of Collier County, the Board considered the recommendations of County staff and determined that certain County -owned or County- leased lands should be designated as Public Park Parking or Public Beach Access Parking in accordance with Ordinance No. 2010 - ; MIT4I WHEREAS, the Board wishes to implement the provisions of Ordinance No. 2010 - including the prohibition against anyone parking in an area designated as "Public Park Parking" or "Public Beach Access Parking" who is not utilizing a public park or beach during the hours from dawn to dusk. NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following County -owned or County- leased lands are hereby designated as `Public Park Parking" or "Public Beach Access Parking." Page 1 of 2 Agenda Item No. 17G July 27, 2010 Page 5 of 10 (1) Any and all Collier County beach park facilities and beach parking locations where parking fees are charged and /or required. (2) Any and all Collier County park facilities. BE IT FURTHER RESOLVED that this Resolution shall become effective upon posting of appropriate signage specifying the restrictions or prohibitions enacted by the Board of County Commissioners. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this day of 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk FRED W. COYLE, CHAIRMAN Page 2 of 2 Agenda Item No. 17G July 27, 2010 Page 6 of 10 ORDINANCE NO. 2010 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING REGULATIONS RELATING TO PUBLIC PARKS AND BEACH ACCESS PARKING AREAS BY PROVIDING FOR A TITLE; PROVIDING FOR A STATEMENT OF PURPOSE AND INTENT; PROVIDING FOR APPLICABILITY; PROVIDING FOR LIMITATIONS ON PUBLIC PARKS AND BEACH ACCESS PARKING AND IMPLEMENTATION OF THIS ORDINANCE BY COUNTY RESOLUTION; 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, Collier County currently provides parking lots and garages for public parks and beach access intended to benefit those members of the public seeking recreation; and WHEREAS, contrary to the intended public benefit of these public park and beach access parking facilities, certain public parking garages and lots are being used for commercial overflow parking and private uses; and WHEREAS, the Board of County Commissioners desires to adopt regulations relating to public parks and beach access parking facilities in order to preserve their intended benefit, which is to provide adequate public park and beach access parking for Collier County citizens and visitors. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Title. This Ordinance shall be known and may be cited as the "Collier County Public Parks and Beach Access Parking Ordinance." Page I of 4 Agenda Item No. 17G July 27, 2010 Page 7 of 10 SECTION TWO: Purpose and Intent. The purpose of this Ordinance is to provide, maintain and ensure the availability of parking for those members of the public who seek access to Collier County public parks and beaches. SECTION THREE: Applicability. This Ordinance shall apply to, and be enforced in, all unincorporated areas of Collier County, Florida. SECTION FOUR: Public Parks and Beach Access Parking. Public Parks and Beach Access Parking is to be utilized solely for the purpose of accessing public parks and beaches. It shall be a violation of this Ordinance for anyone to park in an area designated as "Public Park Parking" or "Public Beach Access Parking" who is not utilizing a public park or beach during the hours from dawn to dusk. SECTION FIVE: Designation of Public Parks and Beach Access Parking by Resolution. A. The County Manager, or his designee, shall investigate and make recommendations to the Board of County Commissioners concerning which areas to designate as Public Park Parking or Public Beach Access Parking. Recommendations shall be in accordance with the terms of this Ordinance in an effort to protect the public's ability to access the public parks and beaches of Collier County as well as to aid in the implementation of the conditions set forth in this Ordinance. B. Upon the advice of the County Manager or his designee, the Board of County Commissioners may, by Resolution, designate certain areas owned or leased by the County as Public Park Parking or Public Beach Access Parking. C. Upon the Board of County Commissioners enacting a Resolution designating certain areas owned or leased by the County as Public Park Parking or Public Beach Access Parking, such parking facilities, parking lots or portions thereof so designated shall be posted Page 2 of 4 Agenda 'tern No. 17G July 27, 2010 Page 8 of 10 specifying the restrictions or prohibitions, as enacted by the Board of County Commissioners. D. The presence of a beach parking permit upon a vehicle shall not be considered as evidence of intent to go to the beach. SECTION SIX: Penalty for Violations. Pursuant to Section 318.14, Florida Statutes, any person cited for a violation of this Ordinance shall be deemed to be charged with a noncriminal violation and shall be assessed a civil penalty of thirty dollars ($30.00). The distribution of fines and provisions for late payment penalties shall be in accordance with Section 130 -46, as it may be amended, of the Collier County Code of Laws and Ordinances. SECTION SEVEN: 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 EIGHT: 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 NINE: Effective Date. This Ordinance shall become effective upon filing with the Department of State. Page 3 of 4 Agenda Item No. 17G July 27, 2010 Page 9 of 10 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of ATTEST: DWIGHT E. BROCK, CLERK 0 , Deputy Clerk Approved as to form 2010. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA IN FRED W. COYLE, CHAIRMAN Page 4 of 4 Agenda Item No. 17G July 27, 2010 Page 10 of 10 20D • Sunday, June 6, 2010 is Naples Daily News !fQI11WAWR QRTITIAIJC M AQIfIWA61li QRTITIC NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on June 22, 2010 in the Boardroom, 3rd Floor, Adminis- tration Building, Collier County Government Center, 3301 East Tamiami Trail,.. Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the pro- posed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER'COUN- TY, FLORIDA,. ESTABLISHING REGULATIONS RELATING TO PUBLIC PARKS AND BEACH ACCESS PARKING AREAS BY PROVIDING FOR A TITLE; PROVIDING FOR A STATEMENT OF PURPOSE AND INTENT; PROVIDING FOR APPLICABILITY; PROVIDING FOR LIMITATIONS ON PUBLIC PARKS AND BEACH ACCESS PARKINGAND -IMPLE- MENTATION OF THIS ORDINANCE BY COUNTY RESOLUTION; PROVIDING FOR CON- FLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are 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. In- dividual speakers will be limited to 5 minutes on any item. The selection of an indi- vidual to speak on behalf of an oroanization 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 evi- dence upon which the appeal is based. If you are a person with disability who needs any accommodation in order to par - ticipate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Deptart- ment, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252 -6380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL)