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Agenda 01/22/2013 Item #17D Proposed Agenda Changes Board of County Commissioners Meeting January 22,2013 Add-On Item 11H: Recommendation to approve the expedited solicitation process for the construction dredging of Clam Pass and direct the County Manager to issue work order(s) under current Board approved contract(s)to the firm(s)who submit the lowest responsive price for the Clam Pass project. (Staff's request) Move Item 16D7 to Item 11I: Recommendation to establish a Transit Advisory Committee. (Commissioner Henning's request) Continue Item 17C to the February 12,2013 BCC Meeting: Recommendation to adopt an ordinance which would amend Ordinance No.2002-27,as amended,relating to the Pelican Bay Municipal Service Taxing and Benefit Unit. (Commissioner Fiala and Petitioner's requests) Continue Item 17D to the February 12, 2013 BCC Meeting: This item continued from the December 11, 2012 BCC Meeting. Recommendation to adopt an ordinance which would establish limitations, in addition to those set forth in Chapter 538, Part I, Florida Statutes, on the sale and/or purchase of secondhand goods (secondhand dealers). (County Attorney's request) Note: Item 16K3: Page two of the Executive Summary should read "The Board's offer was to settle for back pay from the date of termination (October 9 23,2012)to January 9,2013 plus 6 weeks of severance(similar to the settlement with David Jackson)for a total of 17 weeks,plus signing the required Confidentiality Agreement. Mr.Mitchell's counsel has advised the County Attorney that Mr. Mitchell does not desire to return to his position as Executive Manager to the Board of County Commissioners,believes he is entitled to his full 6 month severance package,but is willing to accept back pay from the date of termination (October 9 23,2012)to January 23,2013 plus 6 weeks of severance for a total of 19 weeks. (County Attorney's request) Time Certain Items: Item 11B to be heard at 10:00 a.m.immediately followed by Item 10J Item 11A to be heard at 11:00 a.m. 1/22/2013 9:19 AM 1/22/2013 Item 17.D. EXECUTIVE SUMMARY Continued from December 11, 2012 - Recommendation to adopt an ordinance which would establish limitations, in addition to those set forth in Chapter 538, Part I, Florida Statutes, on the sale and/or purchase of secondhand goods (secondhand dealers). OBJECTIVE: That the Board of County Commissioners (Board) adopts an ordinance intended to reduce secondhand goods thefts in Collier County. CONSIDERATIONS: Increasing demand and associated rising prices of precious metals has contributed to increased thefts in Collier County of items such as rings, necklaces, bracelets, earrings, etc., from residential dwellings and conveyances. Chapter 538, Part I, Florida Statutes, defines secondhand goods and regulates secondhand dealers for the purpose of reducing secondhand goods theft. The Collier County Sheriff's Office has identified regulations, in addition to those set forth in Chapter 538, Part I, Florida Statutes, to further reduce theft of secondhand goods in Collier County. These regulations are set forth in the proposed "Collier County Secondhand Dealer Ordinance." Typically the County Attorney would wait on Board direction before bringing forth a proposed ordinance. In this instance, the proposed ordinance is being brought to the Board by the Collier County Sheriff's Office. Among other things, the proposed ordinance requires (1) change to exemptions of secondhand dealers; (2) limitation on location for sale and/or purchase of secondhand goods; (3) additional hold period required; and (4) violations and penalties. The ordinance is in addition to existing State regulations in this area. At its November 13, 2012 regular meeting (Item 16-J-9), the Board authorized the advertisement of the proposed ordinance for future consideration. FISCAL IMPACT: Due to its continuance from December 11, 2012, the proposed ordinance was advertised twice at a total cost of$544.56. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The County Attorney worked with the Sheriff's Department in drafting the proposed ordinance. This item is legally sufficient and requires a majority vote for approval. -JAK RECOMMENDATION: That the Board of County Commissioners adopts the attached ordinance which would establish limitations, in addition to those set forth in Chapter 538, Part I, Florida Statutes, on the sale and/or purchase of secondhand goods (secondhand dealers). PREPARED BY: Lt. Chad Parker, Collier County Sheriff's Office Packet Page -1903- 1/22/2013 Item 17.D. COLLIER COUNTY Board of County Commissioners Item Number: 17.0. Item Summary: This item continued from the December 11, 2012BCC Meeting. Recommendation to adopt an ordinance which would establish limitations, in addition to those set forth in Chapter 538, Part I, Florida Statutes, on the sale and/or purchase of secondhand goods (secondhand dealers). Meeting Date: 1/22/2013 Prepared By Name: CrotteauKathynell Title: Legal Secretary,County Attorney 1/3/2013 11:02:07 AM Approved By Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management&B Date: 1/9/2013 8:34:34 AM Name: KlatzkowJeff Title: County Attorney Date: 1/11/2013 3:27:53 PM Name: OchsLeo Title: County Manager Date: 1/11/2013 4:32:55 PM Packet Page-1904- 1/22/2013 Item 17.D. ORDINANCE NO. 2012 - Aolot AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING REGULATIONS PERTAINING TO SECONDHAND DEALERS; PROVIDING FOR TITLE AND CITATION; PROVIDING FOR APPLICABILITY; PROVIDING FOR CONSTRUCTION AND INTERPRETATION; PROVIDING FOR INCORPORATION OF STATE LAW BY GENERAL REFERENCE; PROVIDING FOR CHANGE TO DEFINITIONS; PROVIDING FOR CHANGE TO EXEMPTIONS; PROVIDING FOR LIMITATION ON LOCATION FOR SALE AND/OR PURCHASE OF SECONDHAND GOODS; PROVIDING FOR ADDITIONAL HOLD PERIOD REQUIRED; PROVIDING FOR ENFORCEMENT; PROVIDING FOR VIOLATIONS AND PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND • ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Subsection 125.01, Florida Statutes, the Board of County Commissioners has the power and authority to adopt such business regulations, to the extent not inconsistent with general or special law, as are necessary for the protection of the public; and WHEREAS, the Board of County Commissioners hereby acknowledges that increasing demand and associated rising prices of precious metals has contributed to increased thefts in Collier County of items such as rings, necklaces, bracelets, earrings, etc., from residential dwellings and conveyances, which increased criminal activity adversely affects the health, safety, and welfare of the residents of Collier County; and WHEREAS, Chapter 538, Part I, Florida Statutes defines a "secondhand dealer" and regulates secondhand dealers for the purpose of reducing the sale of stolen goods; and WHEREAS, Sec. 538.17, Florida Statutes, specifically authorizes local governments to enact laws more restrictive than the provisions of Chapter 538, Part I; and WHEREAS, the Collier County Sheriffs Office has identified regulations, in addition to those set forth in Chapter 538, Part I, Florida Statutes, to further reduce theft of secondhand goods in Collier County; and WHEREAS, the Board of County Commissioners finds it in the best interest of the citizens of Collier County to adopt additional regulations relating to secondhand dealers. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA, that: Packet Page -1905- 1/22/2013 Item 17.D. SECTION ONE: Title and Citation. This Ordinance shall be known and may be cited as the "Collier County Secondhand Dealer Ordinance." This Ordinance is not intended to regulate secondary metal recyclers, as provided for in Ordinance No. 2012-07 and Chapter 538, Part II, Florida Statutes. SECTION TWO: Applicability. This Ordinance shall be applicable within the incorporated and unincorporated areas of Collier County, except to the extent that a municipality has adopted or adopts its own ordinance in conflict with this Ordinance. To the extent that this Ordinance is applicable within a municipality, the County and the municipality shall have concurrent authority and jurisdiction to apply and enforce the Ordinance within the entirety of their jurisdictional boundaries. SECTION THREE: Construction and Interpretation. This Ordinance shall be liberally construed in order to effectively carry out the intent and purpose of this Ordinance. Where any provision of this Ordinance refers to or incorporates another provision, statute, rule, regulation, or other authority, this Ordinance refers to the most current version, including and incorporating any amendments thereto or renumbering thereof. SECTION FOUR: Incorporation of State Law by General Reference. The provisions of State law governing secondhand dealers and their transactions, including Chapter 538, Part I, Florida Statutes, are hereby incorporated by general reference as they may exist and be amended from time to time. To the extent that the provisions of this Ordinance are more stringent than those of State law,then this Ordinance shall apply. SECTION FIVE: Change to Definitions. Amending Chapter 538, Part I, Florida Statutes, as incorporated by reference herein, this Ordinance expressly includes"coins" within the definition of"Secondhand Goods." SECTION SIX: Change to Exemptions. Amending Chapter 538, Part I, Florida Statutes, as incorporated by reference herein, and notwithstanding the exemptions set forth therein, this Ordinance expressly applies to any person, coin,or collectible shows or sales, and any person purchasing, consigning, or trading secondhand goods at a flea market regardless of whether at a temporary or permanent business location at the flea market. 2 Packet Page -1906- 1/22/2013 Item 17.D. SECTION SEVEN: Limitation on Location for Sale and/or Purchase of Secondhand - Goods. Amending Chapter 538, Part I, Florida Statute, as incorporated by reference herein, a secondhand store shall not include a hotel room or motel room, a vehicle, a post office box, or a private residence, and no secondhand goods may be sold and/or purchased by a secondhand dealer from a hotel room or motel room, a vehicle, a post office box, or a private residence. Applications that list a hotel room or motel room, a vehicle, a post office box, or a private residence are not valid. The secondhand dealer must either own the premises, or operate under a written lease for the premises for a term not less than month-to-month. SECTION EIGHT: Additional Hold Period Required. Amending Chapter 538, Part I, Florida Statute, as incorporated by reference herein, a secondhand dealer shall not sell, barter, exchange, alter, adulterate, use, or in any way dispose of any secondhand goods within 30 calendar days of the date of acquisition of the goods and the secondhand goods shall remain within Collier County for the duration of the hold period. SECTION NINE: Enforcement. This Ordinance shall be enforced by the Office of the Collier County Sheriff and/or the appropriate law enforcement official within Collier County having jurisdiction as it pertains to the location of the secondhand store. SECTION TEN: Violations and Penalties. All violations of this Article may be processed according to the Collier County Consolidated Code Enforcement Ordinance (Ord. No. 2010-04, as amended) and per provisions of Parts I or II of Chapter 162, Florida Statutes, as may be applicable. A law enforcement official or code enforcement officer is specifically authorized to issue a citation for each violation. Each day of any such violation shall constitute a separate and distinct offense. Further, each failure to properly document transaction information shall constitute a separate and distinct offense. The County may also enforce this Article by action in equity, including injunctive or declaratory relief, in the appropriate court of competent jurisdiction. Any person who knowingly violates any provision of this Article, including refusal to allow a law enforcement official to make an inspection under this Article, shall also be punished in the same manner as a misdemeanor as provided by general law. Packet Page -1907- 1/22/2013 Item 17.D. SECTION ELEVEN: 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 TWELVE: 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 Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION THIRTEEN: 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 , 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk GEORGIA A. HILLER, ESQ. CHAIRWOMAN Approve as o"• orm and legal suf ci y4 ---- K Jeffrey A. I4J.tzkow County Atto ey ■ 4 Packet Page -1908- 1/22/2013 Item 17.D. • NAPLES DAILY •NEW5 (t Wednesday,January 9,2013 « 25D • NOTICE OF INTENT TO CONSIDER ORDINANCE • • Notice is hereby given that on Tuesday, January 22, 2013, in the Boardroom, 3rd • Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of.a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING REGULATIONS PERTAINING TO SECONDHAND DEALERS; PROVIDING FOR TITLE AND CITATION; PROVIDING FOR APPLICABILITY; PROVIDING FOR CONSTRUCTION AND, INTERPRETATION; PROVIDING FOR INCORPORATION OF STATE LAW BY GENERAL REFERENCE; PROVIDING FOR CHANGE TO DEFINITIONS; PROVIDING FOR'CHANGE TO EXEMPTIONS; PROVIDING FOR LIMITATION ON LOCATION FOR SALE AND/OR PURCHASE OF SECONDHAND GOODS; PROVIDING FOR ADDITIONAL HOLD PERIOD REQUIRED; PROVIDING FOR ENFORCEMENT; PROVIDING FOR VIOLATIONS AND PENALTIES; PROVIDING FOR CONFLICT AND SERVERABILITY;'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 ariy 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 material intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days • prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples, • Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners'Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA GEORGIA A.HILLER ESQ.,CHAIRMAN DWIGHT E.BROCK,CLERK By:Martha Vergara,Deputy Clerk (SEAL) • January 9 2013 No.1973286 ' a:At • • Packet Page -1909-