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Agenda 04/12/2011 Item #17D 4/12/2011 Item 17.0. EXECUTIVE SUMMARY Recommendation to adopt an Ordinance amending Ordinance No. 2006-03 (the Collier County Airport-Type Screening Ordinance) in order to expand the airport-type security searches to include individuals entering the Immokalee Government Center (Courthouse) and the James V. Mudd Emergency Services Center. OBJECTIVE; That the Board of County Commissioners (Board) adopts an amendment to the Collier County Airport-Type Screening Ordinance so as to authorize airport-type security searches of individuals entering the Immokalee Government Center (Courthouse) and the James V. Mudd Emergency Services Center, in addition to the W. Harmon Turner Building (Administration Building) at the Main Government Complex, CONSIDERATIONS: Collier County Ordinance No, 2006-03 authorizes airport-type searches of individuals entering the W. Harmon Turner Building (Administration Building) at the Main Government Complex and limits weapons within the facility. Staff is recommending amending the Ordinance to include the Immokalee Government Center where court proceedings are held and the James V. Mudd Emergency Services Center which houses Sheriff's Office activities. ~, The Immokalee Government Center houses a full courtroom and holding cells and for years was used regularly by the courts. During that time, the facility was under a judicial order that restricted the possession of firearms and other weapons. Recently, the courts have limited their use of this facility. For this reason, staff is recommending that Ordinance No, 2006-03 be amended to include this facility. This will limit guns and other prohibited items within the confines of this building, Additionally, the Ordinance would include the Emergency Services Center that houses the Sheriff's Substation and the Sheriff's 911 Center, along with other emergency services (Emergency Medical Services and the Emergency Operations Center). Weapon screening at this facility would be included in the Ordinance but limited as provided for within the County Manager's Administrative (CMA) Procedures, The Sheriff's Office has reviewed this summary and does not object. The amended Ordinance allows certified law enforcement officers to bring weapons into the facilities. The applicable procedures are part of the County Manager's Administrative (CMA) Procedures and, as a "Manual for Security Personnel," are exempt from public records disclosure in accordance with subsection 119,071, Florida Statutes." Amendments to these procedures are the responsibility of the Department of Facilities Management, Government Security Section, and the County Manager's Office, and will be adopted without further authorization from the Board, but subject to text approval by the County Attorney, Some elements of the CMA have been incorporated into the Ordinance, At its March 8, 2011, regular meeting, the Board authorized the Department of Facilities Management to advertise the proposed Ordinance for future consideration, The proposed Ordinance was properly advertised on March 27, 2011, FISCAL IMPACT: No additional expenses are anticipated. Staff will utilize existing equipment, when needed. - LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office and is legally sufficient. A majority vote is required. - STW Packet Pi3ge -2786- 4/12/2011 Item 17.0. GROWTH MANAGEMENT IMPACT: Adoption of this Ordinance will have no Growth Management impact. RECOMMENDATION: That the Board of County Commissioners adopts the attached Ordinance amending Ordinance No, 2006-03 (the Collier County Airport-Type Screening Ordinance) in order to expand airport-type searches to include individuals entering the Immokalee Government Center (Courthouse) and the James V, Mudd Emergency Services Center. Prepared By: Skip Camp, CFM, Director, Department of Facilities Management Attachments: Proposed Ordinance Legal Ad Packet Page -2787- 4/12/2011 Item 17.0. COLLIER COUNTY Board of County Commissioners Item Number: 17.0. Item Summary: Recommendation to adopt an Ordinance amending Ordinance No. 2006- 03 (the Collier County Airport-Type Screening Ordinance) in order to expand the airport-type security searches to include individuals entering the Immokalee Government Center (Courthouse) and the James V. Mudd Emergency Services Center. Meeting Date: 4/12/2011 Prepared By Name: SheppardJerrie Title: Administrative Assistant,facilities Management 3/111201110:51:06AM Submitted by Title: Director - Facilities Management.facilities Manage Name: CampS kip 3/11/2011 10:51 :07 AM Approved By Name: SmithKristen Title: Administrative Secretary,Risk Management Date: 3/11120 I 1 1: 19:39 PM Name: CampSkip Title: Director - Facilities Management,FacilitiesManage Date: 3/15/2011 10:34:24 AM Name: WilliamsSteven Titie: Assistant County Attorney,County Attorney Date: 3/18/2011 1 :39:36 PM Name: PriceLen Title: Administrator - Administrative Services, Date: 3/3 J!20 11 9:30: I 5 AM Packet Page -2788- Name: WilliamsSteven Title: Assistant County Attorney,County Attorney Date:3/31/201111:14:32AM Name: KlatzkowJeff Title: County Attorney, Date: 411/20 II 8:55:23 AM Name: StanleyTherese Title: ManagementJBudget Analyst, Senior, Office of Management & Budget Date: 411/20] I 1: 12:26 PM Name: OchsLeo Title: County Manager Date: 4/2/201 13:41:13 PM Packet Page -2789- 4/12/2011 Item 17.0. 4/12/2011 Item 17.0. ORDINANCE NO. 2011 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2006-03, THE COLLIER COUNTY AIRPORT-TYPE SCREENING ORDINANCE, BY EXPANDING ITS AUTHORIZATION FOR AIRPORT-TYPE SECURITY SCREENING AND SEARCHES TO INCLUDE THE IMMOKALEE GOVERNMENT CENTER (COURTHOUSE) AND THE JAMES V. MUDD EMERGENCY SERVICES CENTER; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Collier County Ordinance No. 2006-03 (the Collier County Airport-Type Screening Ordinance) a Criminal Ordinance in the context of Section 901.151, Florida Statutes and other Florida Statutes, authorizes airport-type security searches of individuals entering the Administration Building at the Collier County Government Complex; and WHEREAS, the Board of County Commissioners desires to expand this authorization to provide airport-type security searches at the Immokalee Government Center (Courthouse) and the James V. Mudd Emergency Services Center. 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. 2006-03. Section One of Ordinance No. 2006-03 is hereby amended to read as follows: * * * * * * (e) This Ordinance is the Collier County Airport-type Screening Ordinance, a Criminal Ordinance in the context of Section 910.151 901,151, Florida Statutes and other Florida Statutes. These provisions apply only to the Collier County Administration Building (W. Harmon Turner), the Irnmokalee Government Center, and the James V. Mudd Emergencv Services Center. The County Manager is hereby authorized to adopt and amend Airport-type Screening Policies and Procedures subject to text approval by the County Attorney. The County Manager and designees of the County Manager are hereby authorized to conduct airport-type screening at the W. 1 Packet Page -2790- 4/12/2011 Item 17.0. Hannon Turner Building, the Immokalee Government Center. and the James V. Mudd Emergencv Services Center in accordance with those Policies and Procedures, and to have a walk-through magnetometer and x-ray machines installed and maintained at the security entrance!! of said f.dmiaistratiea BQuildings to which the Collier County Sheriff and all deputies shall not be subiect and mav enter the buildings while anned; also to hire Security Personnel subject to budgetary appropriations. As used herein "Security Personnel" means each individual then authorized by the County Manager or by an authorized designee(s) of the County Manager to conduct airport-type screeninglsearches or to administer any other provision(s) in those Policies and Procedures, which are exempt from public records disclosure as specified in Chapter 119, Florida Statutes. Before viewing (or receiving) a copy those Policies and Procedures or any part thereof, each such individual, including each Security Personnel, must sign a confidentiality agreement agreeing not to disclose any of the contents of those Policies and Procedures. In addition to all enforcement provided for in Section 125.69, Florida Statues Statutes, any individual who violates any provision of this Ordinance, including breach of the confidentiality agreement, shall be subject to the enforcement provisions of Section 1-6 of Collier County's Code of Laws and Ordinances. Nothing herein shall be construed to affect any enforcement of any federal law, rule or regulation, or any Florida Statute, Florida rule or regulation that may be violated in the context of those Policies and Procedures. SECTION TWO. 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 this 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 portions. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish that result, and the word "Ordinance" may be changed to "Section," "Article," or any other appropriate word. 2 Packet Page -2791- 4/12/2011 Item 17.0. SECTION FOUR: EFFECTIVE DATE. This Ordinance shalJ become effective upon filing with the Florida Department of State PASSED AND DULY ADOPTED by the Board of County Commissioners of ColJier County, Florida, this _ day of ,2011. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: FRED W. COYLE, CHAIRMAN By: Approved as to form and legal sufficiency: !t=-7.wL Steven T. WilJiams Assistant County Attorney 3 Packet Page -2792- 4/12/2011 Item 17.0. 'Naples Daily News. Sunday, March 2:1,2012 . Z1D NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, April 12,2011, in the Boardroom, 3rd Floor, . Administration Building, Collier County Government Center, 3299 East Tamiaml Trail, Naples. Florida. tne Board of County Commissioners will consider the enact- ment of a. County Ordinance. The meeti'\9 will commence at 9:00 A.M. .The. tine of the proposed Ordinance is as ,follovvs: " . AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COWER COUN- TY, FLORIDA. AMENDING ORDINANCE NO. 2006-03. THE COWER COUNTY AIR- PORT-TYPE SCREENING ORDINANCE, BY EXPANDING ITS AUTHORIZATlON FOR AIR- PORT-TYPE SECURITY .SCREENING AND SEARCHES TO INCLUDE THE IMMOKALEE GOVERNMENT CENTER (COURTHOUSE) AND THE JAMES V. MUDD EMERGENCY SERVICES CEIITER: PROVIDING FOR CONFLICT AND SEVERABILITY; PROVlDINu FOR INCLUSION IN THE CODE OF LAWS AND OROINANCES; AND PROVIDING AN EFFEC- TIVE DATE. . Copies of the proPQSed Ordinance are on file with the Clerk to the Boa'rd, and are available for inspection. AU 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 frior to presentation of the agenda item to I?e addressed. Individual speakers wi! be limited to 3 minutes on any item. The selection of an in~ . dividual to speak bn behalf of an organization or group is encouraged. If'recog- nized 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 ~ive public" hearing. In any case, \l)lritten materials intended to be considered by the ~oard 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 wll,1 become a permanent part of the record.. ' Any person who decides to appeal a decision of the !3oard will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceeaings is made, which record includes the testimony and evi- dence upon which the appeal is based. If you are a person with a disability who needs Clny Clccommodation in order to par- tiopate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management De~art- ment, located at 3335 Tamiami Trail'E~st, Building W, Naples.. Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available' in the . County Co~mjssjoners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) M;lrrn?7 ]011 Nn1SQ4400 , Packet Page -2793-