Agenda 05/13/2013 Item #16E 4Proposed Agenda Changes
Board of County Commissioners Meeting
May 14, 2013
Continue Item 16E4 to the May 28, 2013 BCC Meeting:
Recommendation to approve proposed amendments to Ordinance
No. 04 -52, as amended, Criminal History Record Checks and
authorize Staff to advertise the amendments and return to the
Board for final approval. (Staffs request)
Move Item 16D7 to Item 11E: Recommendation to request authorization to advertise and bring
back an Ordinance amending Collier County Ordinance No. 96 -84, as amended (Radio Road
Beautification Municipal Service Taxing Unit), to incorporate provisions to facilitate
improvements to the Rich King Memorial Greenway within MSTU boundaries (Commissioner
Henning's request)
Continue Item 16A10 to the May 28, 2013 BCC Meeting: Recommendation to increase the
collective annual limit for multiple contracts resulting from RFP #12 -5892, "Fixed Term
Landscape Architectural Services" (Staff request)
Continue Item 16C2 to the May 28, 2013 BCC Meeting: Recommendation to authorize purchase
of a new Case 580N Backhoe from Trekker Tractor LLC, in the amount of $65,050.07, utilizing
the Florida Sheriff Association's State Contract #12 -10 -0905 (Staff request)
Move Item 17B to Item 9C: An Ordinance of the Board of County Commissioners of Collier
County, Florida amending Ordinance Number 2007 -46, as amended, the Wolf Creek
Residential Planned Unit Development, PUDZA- PL20120000650, by increasing the
permissible number of dwelling units from 671 to 754; by amending Ordinance Number
2004 -41, the Collier County Land Development Code by amending the appropriate zoning
atlas map or maps by changing the zoning classification of an additional 5± acres of land
from RMF -6(4) Scenic Woods Rezone to the Wolf Creek RPUD and by changing the zoning
classification of an additional 16± acres from Palermo Cove PUD to Wolf Creek PUD; by
revising the development standards; by adding Exhibit A -1, the amended Master Plan for
parcels lA through 3A; by adding Exhibit "D ", Private Road Cross - Section for Parcels lA
through 3A; by adding Table II, Development Standards for Parcels lA through 3A; and by
adding deviations and revising developer commitments. The subject property is located on
the north side of Vanderbilt Beach Road (C.R. 862) approximately one -half mile west of
Collier Boulevard (C.R. 951) in Section 34, Township 48 South, Range 26 East, Collier
County, Florida consisting of 189± acres; providing for repeal of Ordinance Number 2007-
03, the Scenic Woods Rezone; and by providing an effective date. (Companion PUDZA-
PL20120000680: Palermo Cove) (Staff request due to letter of objection)
Proposed Agenda Changes
Board of County Commissioners Meeting
May 14, 2013
Page 2
Move Item 17C to Item 91): An Ordinance of the Board of County Commissioners of
Collier County, Florida amending Ordinance Number 04 -41, as amended, the Collier
County Land Development Code, which established the comprehensive zoning regulations
for the unincorporated area of Collier County, Florida by amending the appropriate
zoning atlas map or maps by removing approximately 16 acres from the Palermo Cove
Residential Planned Unit Development (RPUD); and by changing the zoning classification
of the herein described real property from a RPUD zoning district to a RPUD zoning
district for a project known as the Palermo Cove RPUD, PUDZA- PL20120000680, by
revising project development standards, adding deviations, adopting a new conceptual
master plan, revising developer commitments and reducing the permitted number of
dwelling units from 564 to 237 on property located north of Wolfe Road and west of Collier
Boulevard (C.R. 951) in Section 34, Township 48 South, Range 26 East, Collier County,
Florida, consisting of 115± acres; providing for the repeal of Ordinance Numbers 2005 -34
and 2006 -30, the former Palermo Cove RPUD; and by providing an effective date.
(Companion to PUDZA- PL20120000650: Wolf Creek PUD) (Staffs request due to receipt
of letter of objection)
Move Item 17G to Item 9A: Recommendation to adopt an ordinance amending Ordinance
No. 2003 -53, as amended, the "Collier County Ethics Ordinance." (Commissioner Coyle
and Commissioner Fiala's separate requests)
Move Item 17I to Item 911: Recommendation to adopt an ordinance amending Ordinance
No. 93 -72, as amended, the "Collier County Administrator's Ordinance." (Commissioner
Coyle's request)
Time Certain Items:
Item 101 to be heard at 10:00 a.m., followed by Item 10G and 10H
Item 11B to be heard at 11:00 a.m.
Item 14111 to be heard at 1:00 p.m., immediately followed by Item 11C
Item 11D to be heard at 3:00 p.m.
5/14/2013 16.E.4.
EXECUTIVE SUMMARY
Recommendation to approve proposed amendments to Ordinance No. 04 -52, as amended,
Criminal History Record Checks and authorize Staff to advertise the amendments and
return to the Board for final approval.
OBJECTIVE: To update Ordinance No. 04 -52, as amended, (Criminal History Record Checks) to
include waivers for emergency conditions, ability for contractual exemptions, clarifications and
procedural updates, and acceptance of external background checks.
CONSIDERATIONS: Ordinance No. 04 -52, as amended, requires state and federal criminal history
record checks for all positions of employment for the BCC Agency. These positions of employment
include vendors and contractors who have access to County -owned facilities and /or telecommunications
systems.
Staff recommends amending this ordinance to clarify and update current procedures by providing a
waiver during emergency conditions. The current method of fingerprinting and criminal history record
checks can take up to 3 days to receive from the Florida Department of Law Enforcement (FDLE) and
Federal Bureau of Investigation (FBI) or other applicable agencies (depending on jurisdiction). Due to the
unexpected nature of emergencies such as hurricanes and the need to take action immediately, the ability
to temporarily suspend background checks will ensure that critical goods and services are provided as
quickly as possible.
Contractual exemptions are also recommended on a case -by -case basis for vendors that have completed
equally stringent criminal history record checks. Bonds, or other measures, may be included in the
exemption to prevent any undue risk to the County.
Since Ordinance No. 04 -52 was enacted, many departments have adopted information systems that are
hosted and /or maintained by vendors operating outside of the Southwest Florida region; some even
located in different countries. Vendors located outside of this region need remote access to County
information systems to implement and support their products. The ordinance needs to be clarified in
regard to the requirements for criminal history checks for remote - access vendors. Vendors operating
outside of this region now have the ability to use a global background check provider contracted by the
Facilities Management Department; this ability is now reflected in Section Three.
Section One of the proposed ordinance clearly provides the exempt agencies and positions.
Finally, this amendment adds the flexibility to accept the criminal history checks of external agencies,
such as the Sheriffs Office or School Board. This added ability will streamline the processes for local
businesses that provide services to the BCC Agency.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires
majority vote, and is legally sufficient for Board action. - CMG
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RECOMMENDATION: To authorize advertisement of amendments to Ordinance No. 04 -52, as
amended, (Criminal History Record Checks) for future consideration.
Prepared by: Joshua Hammond, Applications Analyst, Facilities Management Department
Attachments:
• Current Ordinance
• Proposed Ordinance
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.4.
Item Summary: Recommendation to approve proposed amendments to Ordinance No.
04 -52, as amended, Criminal History Record Checks and authorize Staff to advertise the
amendments and return to the Board for final approval.
Meeting Date: 5/14/2013
Prepared By
Name: LinguidiDennis
Title: Manager - Facilities,Facilities Management
2/8/2013 2:54:41 PM
Submitted by
Title: Manager - Facilities,Facilities Management
Name: LinguidiDennis
2/8/2013 2:54:43 PM
Approved By
Name: CampSkip
Title: Director - Facilities Management,Facilities Manage
Date: 2/21/2013 1:12:26 PM
Name: pochopinpat
Title: Administrative Assistant,Facilities Management
Date: 2/22/2013 12:14:38 PM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 4/22/2013 2:52:27 PM
Name: PriceLen
Title: Administrator, Administrative Services
Date: 4/30/2013 7:16:40 PM
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Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 5/2/2013 3:28:04 PM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Manag
Date: 5/2/2013 4:45:55 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/3/2013 8:44:58 AM
Name: OchsLeo
Title: County Manager
Date: 5/5/2013 11:56:50 AM
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Municode
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Collier County, Florida, Code of Ordinances >> PART I - CODE >> Chapter 2 - ADMINISTRATION >>
ARTICLE 111. - OFFICERS AND EMPLOYEES >> DIVISION 1. - GENERALLY >>
DIVISION 1. - GENERALLY
Sec. 2 -66. - Criminal history record checks applicable to individuals employed in positions of employment deemed by
the board of county commissioners to be critical to security or Dublic safety
Secs. 2- 67 -2 -75. - Reserved.
Sec. 2 -66. - Criminal history record checks applicable to individuals employed in
positions of employment deemed by the board of county commissioners to be
critical to security or public safety.
(a) Each Collier County employee and "position of employment" is deemed to be critical to
security or public safety.
(b) "Position of employment" is not limited to true employees, but shall be liberally construed to
include each individual who is "appointed" to the position, and also includes each individual
who, because of his /her relation to an entity that has entered into a contract with the county,
who, because of that relationship will be afforded any opportunity to be a risk to security or to
public safety, such as, but not limited to, each individual who, with or without authorization,
could gain physical access to any place (restricted access location) where such individual
could poison or otherwise contaminate any potable water that might be supplied by the
county, or by the Collier County Water -Sewer District, to any consumer or end -user; or who,
because of such relationship, could physically harm or destroy any functionality of any
potable water facility owned or controlled by Collier County or by said district, or who could
damage or destroy any telecommunications system or major telecommunications facility or
computer system or network, and provided the individual will not always be subject to
continuous, direct and immediate supervision by at least one individual who had passed the
background checks.
(�) Positions of employment.
a• All Collier County employees, applicants, and incumbents.
b• Additional positions: Each additional position or classification added to the
subsection from time -to -time by resolution(s) of the board.
(2) Applicants. Each individual who submits an application to Collier County to be
considered for employment shall be fingerprinted, and those fingerprints shall be
submitted to the Florida Department of Law Enforcement (for a state criminal history
records check) and also to the Federal Bureau of Investigation for a national criminal
history records check. The information obtained from each respective criminal history
record will be used to determine the applicant's eligibility for employment (or
continued employment) to the respective position, or, if then employed, continued
employment in any position that is required to successfully pass the respective
criminal history record checks.
(3) Procedure. The fingerprinting shall be conducted by the Collier County Facilities
Department. All employees shall be re- fingerprinted every five years.
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(4) Other positions of employment (or appointment) deemed by the board of county
commissioners to be critical to security or to public safety can be added to this section
by resolution(s) adopted from time -to -time by the board.
(5) Contracts can mandate that each such position deemed to be critical to security or
public safety shall undergo these criminal history records checks, and information
obtained from, or as a result of, any such records check can be the sole basis to place
limitations on the places (locations) where such individuals shall be denied all physical
access at all times.
(6) This section shall be liberally construed. This section does not affect any law, any
other ordinance, or any rule or regulation related to criminal history records checks
except that pursuant to F.S. § 125.5801 and F.S. § 112.011(2)(c), each individual
applying for county employment (or who is then employed by the county) in a position
that is then deemed by this section (or resolution adopted by the board under this
section) to be critical to security or to public safety, is not protected by F.S. § 112.011,
and, therefore, such individual can be denied employment (or if then already
employed, the employment can be terminated) if that individual has been or is
convicted of any felony or any misdemeanor of the first degree, whether or not the
conviction is related to that employment.
(Ord. No. 2004 -52, § 1; Ord. No. 07 -64, § 1)
Secs. 2- 67 -2 -75. - Reserved.
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ORDINANCE NO. 2013 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004-52,
AS AMENDED, RELATING TO STATE AND FEDERAL CRIMINAL
HISTORY RECORDS CHECKS FOR COLLIER COUNTY EMPLOYEES,
OUTSIDE CONTRACTORS, AND VENDORS, IN ORDER TO CLARIFY
AND UPDATE CURRENT PROCEDURES, PROVIDE FOR WAIVERS
DURING EMERGENCY CONDITIONS, ALLOW CERTAIN
CONTRACTUAL EXEMPTIONS, AND PERMIT ACCEPTANCE OF
EXTERNAL BACKGROUND CHECKS; PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE
OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Section 125.5801, Florida Statutes, provides that a county may require, by
ordinance, employment screening for any position of county employment or appointment which
the governing body of the county finds is critical to security or public safety, or for any private
contractor, employee of a private contractor, vendor, repair person, or delivery person who has
access to any public facility or publicly operated facility that the governing body of the county
finds is critical to security or public safety; and
WHEREAS, the Board of County Commissioners (Board) adopted Ordinance No. 2004-
52, subsequently amended by Ordinance No. 2007 -64, (codified in Section 2 -66 of the Code of
Laws and Ordinances) in order to mandate state and federal criminal history records checks for
applicants for positions of employment as permitted by Section 125.5801, Florida Statutes; and
WHEREAS, the Board desires to revise Ordinance No. 2004 -52, as amended, in order to
clarify and update current procedures, provide for waivers during emergency conditions, allow
certain contractual exemptions, and permit acceptance of external background checks.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 2004 -52,
AS AMENDED (Section 2 -66 of the Collier County Code of Laws and
Ordinances)
Section One of Ordinance No. 2004 -52, as amended, is hereby amended as follows:
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Criminal History Record Checks Applicable to Individuals Employed in Positions of ANK
Employment Deemed by the Board of County Commissioners to be Critical to Security or Public
Safety.
(a) Each Collier County Board of County Commissioners' /County Manager's
Agency employee and "position of employment is deemed to be critical to
security or public safety.
(b) "Position of employment" is not limited to true employees, but shall be liberally
construed to include each individual who is "appointed" to the position; and also
includes each individual who, because of his/her relation to an entity that has
entered into a contract with the County, who, because of that relationship, will be
afforded any opportunity to be a risk to security or to public safety, such as, but
not limited to, each individual who, with or without authorization, could gain
physical access to any plaee physical location, information or communications
system (restricted access location) where such individual could poison or
otherwise contaminate any potable water that might be supplied by the County, or
by the Collier County Water -Sewer District, to any consumer or end -user; or who,
because of such relationship, could physically harm or destroy any functionality
of any potable water facility owned or controlled by Collier County or by said
District; or who could damage or destroy any telecommunications system or
major telecommunications facility or computer system or network; and provided
the individual will not always be subject to continuous, direct and immediate
supervision by at least one (1) individual who had passed the background checks.
(1) Positions of Employment:
a. All Collier County employees, applicants, and incumbents;
b. Additional Positions: Each additional position or classification
added to this subsection from time -to -time by Resolution(s) of the
Board.
C. Exempt Positions and Agencies: Elected officials are exempt from
the fingerprint requirements enumerated in the ordinance The
following positions and/or agencies are required to comply with
the finggMrint requirements enumerated in this ordinance
However, the requirements shall be waived as long as the
respective agencies perform, and continue to perform criminal
history checks for all staff (including contractors vendors
volunteers, and interns) with access to any physical location
information or communications system:
i) Employees of Elected Officials
ii) Judicial Courts /Court Administration and Their Employees
a) Guardian ad Litem
b) Court Interpreters
iii) Public Safety Officials Emplo ey d By gencies other than
Collier County Board of County Commissioners
a) Law Enforcement
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5/14/2013 16.E.4.
b) Fire, Emergency Management, and EMS
Departments
(2) Applicants: Each individual who submits an application to Collier County
to be considered for employment shall be fingerprinted, and those
fingerprints shall be submitted to the Florida Department of Law
Enforcement (for a state criminal history records check) and also to the
Federal Bureau of Investigation for a national criminal history records
check. The information obtained from each respective criminal history
record will be used to determine the applicant's eligibility for employment
(or continued employment) to the respective position, or, if then
employed, continued employment in any position that is required to
successfully pass the respective criminal history record checks.
(3) Procedure: 'nfing Criminal history checks shall be conducted
by the Collier County Facilities Department. Remote personnel have the
option to go through criminal history checks at local law enforcement
agencies or through other approved providers. Approved providers will be
determined by Facilities and Human Resource Departments. All remote
criminal history records are to be routed to Collier County Facilities
Department. All employees individuals subject to this ordinance shall be
ed rescreened every five years subject to appropriation.
(4) Other positions of employment (or appointment) deemed by the Board of
County Commissioners to be critical to security or to public safety can be
added to this Ordinance by Resolution(s) adopted from time -to -time by the
Board.
(5) Contracts can mandate that each such position deemed to be critical to
security or public safety shall undergo these criminal history records
checks, and information obtained from, or as a result of, any such records
check can be the sole basis to place limitations on the places (locations)
where such individuals shall be denied all physical access at all times.
(6) This Ordinance shall be liberally construed. This Ordinance does not
affect any law, any other ordinance, or any rule or regulation related to
criminal history records checks except that pursuant to Section 125.5801
and subsection 112.011(2)(c), Florida Statutes, each individual applying
for County employment (or who is then employed by the County) in a
position that is then deemed by this Ordinance (or resolution adopted by
the Board under this Ordinance) to be critical to security or to public
safety, is not protected by Section 112.011, Florida Statutes, and,
therefore, such individual can be denied employment (or if then already
employed, the employment can be terminated) if that individual has been
or is convicted of any felony or any misdemeanor of the first degree,
whether or not the conviction is related to that employment.
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5/1412013 16.E.4.
SECTION TWO: ADDITION OF SECTION TWO TO ORDINANCE NO. 2004-52, AS
AMENDED
SECTION TWO: Emergency Conditions and Other Waivers
The County Manager, or designee mgy temporarily waive the requirements of this
ordinance for the duration of a specified event to allow a person to access a facility or
telecommunications system designated as critical to security or public safety on an emergency
basis, if such delay in screening and qualification would result in foreseeable injury or damage to
county property, personnel or the health welfare or safety of the citizens of Collier County
Additionally, the Board of County Commissioners may waive the requirements of this ordinance
through contractual exemptions.
SECTION THREE: ADDITION OF SECTION THREE TO ORDINANCE NO. 2004-52,
AS AMENDED
SECTION THREE: Reciprocation of External Background Checks
In instances where vendors have undergone criminal history checks through State or
Federal agencies that are commensurate to or more stringent than the criminal history checks
provided by Collier County Collier Count may elect to accept those results in lieu of
fingerprinting with the Facilities Department. Decisions on reciprocation will be made by the
Facilities Department in conjunction with the Human Resources Department The acceptance of
other agencies' criminal history results is contingent upon evidence of the results of the
background check and the established criteria for currency.
SECTION FOUR: 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 FIVE: 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.
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5/14/2013 16.E.4.
SECTION SIX: 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:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
Approved as to form and
1 al sufficiency:
(tlLeen—IMV. Greene
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
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