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Backup Documents 02/14/2012 Item #17A17A COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS f0 R10' To: Clerk to the Board: Please place the following as a: ® Normal legal Advertisement ❑ Other: (Display Adv., location, etc.) ********************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Originating Dept/ Div: County Attorney Person: Jeffrey A. Klatzkow Date: January 26, 2012 Petition No. (If none, give brief description "Collier County Secondary Metals Recyclers Ordinance" Petitioner: (Name & Address): Collier County Attorney Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10+ days before hearing.) February 14, 2012 (ad to run no later than WEDNESDAY, FEBRUARY 1, 2012) Newspaper(s) to be used: (Complete only if important): ® Naples Daily News ❑ Other Proposed Text: (Include legal description & common location & Size) ❑ Legally Required AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING REGULATIONS PERTAINING TO SECONDARY METALS RECYCLERS; PROVIDING FOR INTENT AND PURPOSE; PROVIDING FOR TITLE AND CITATION; PROVIDING FOR APPLICABILITY; PROVIDING FOR CONSTRUCTION AND INTERPRETATION; PROVIDING DEFINITIONS; PROVIDING FOR RECORDS REQUIRED — LIMITATION OF LIABILITY; PROVIDING FOR METHOD OF PAYMENT; PROVIDING FOR CERTAIN ACTS AND PRACTICES PROHIBITED; 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: None Purchase Order Number to be charged for advertising costs: P.O. 4500130366 Reviewed by: 4� nmm Division Administrator or Designee Date List Attachments: proposed ordinance 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: ❑ County Manager agenda file: to ❑ Requesting Division ❑ 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 SEiJ ONLY: Date Received: I "ZCO Z Date of Public hearing: Date Advertised: 17A Acct. #027354 January 26, 2012 Attn: Legals Naples News Media 1100 Immokalee Road Naples, Florida 34110 Re: Establishing Regulations on Secondary Metal Recycling Dear Legals: Please advertise the above referenced notice on Wednesday, February 1, 2012 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk P.O. # 4500130366 17A'" NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, February 14, 2012, in the Boardroom, 3rd 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, ESTABLISHING REGULATIONS PERTAINING TO SECONDARY METALS RECYCLERS; PROVIDING FOR INTENT AND PURPOSE; PROVIDING FOR TITLE AND CITATION; PROVIDING FOR APPLICABILITY; PROVIDING FOR CONSTRUCTION AND INTERPRETATION; PROVIDING DEFINITIONS; PROVIDING FOR RECORDS REQUIRED - LIMITATION OF LIABILITY; PROVIDING FOR METHOD OF PAYMENT; PROVIDING FOR CERTAIN ACTS AND PRACTICES PROHIBITED; PROVIDING FOR CONFLICT 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. 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. 17A .p 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, 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 FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) Ann P. Jenne'ohn 7 To: legals @naplesnews.com Subject: Ordinance Regulating Metal Recycling Attachments: Regulating Metal Recyclers Ord.doc; Metal Recycling Ordinance.doc Hi there, Please advertise the attached on Wednesday, February 1, 2012. Thank you. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 17 A ". . no., - . - To: Clerk to the Board: Please place the following as a: ® Normal legal Advertisement ❑ Other: (Display Adv., location, etc.) Originating Dept/ Div: County Attorney Person: Jeffrey A. Klatzkow Date: January 26, 2012 Petition No. (If none, give brief description "Collier County Secondary Metals Recyclers Ordinance" Petitioner: (Name & Address): Collier County Attorney Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10+ days before hearing.) February 14, 2012 (ad to run no later than WEDNESDAY, FEBRUARY 1, 2012) Newspaper(s) to be used: (Complete only if important} ® Naples Daily News ❑ Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size) AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING REGULATIONS PERTAINING TO SECONDARY METALS RECYCLERS; PROVIDING FOR INTENT AND PURPOSE; PROVIDING FOR TITLE AND CITATION; PROVIDING FOR APPLICABILITY; PROVIDING FOR CONSTRUCTION AND INTERPRETATION; PROVIDING DEFINITIONS; PROVIDING FOR RECORDS REQUIRED — LIMITATION OF LIABILITY; PROVIDING FOR METHOD OF PAYMENT; PROVIDING FOR CERTAIN ACTS AND PRACTICES PROHIBITED; 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: None Purchase Or er lumber to be charged for advertising costs: P.O.4500130366 Reviewed b Division AdV't or Desig nee List Attachmroposed ordinance 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:. ❑ County Manager agenda file: to ❑ Requesting Division ❑ 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 S y Date Received: 15 Date of Public hearing: 01 % p Date Advertised: .4 - 17A�' ORDINANCE NO. 2012 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING REGULATIONS PERTAINING TO SECONDARY METALS RECYCLERS; PROVIDING FOR INTENT AND PURPOSE; PROVIDING FOR TITLE AND CITATION; PROVIDING FOR APPLICABILITY; PROVIDING FOR CONSTRUCTION AND INTERPRETATION; PROVIDING DEFINITIONS; PROVIDING FOR RECORDS REQUIRED — LIMITATION OF LIABILITY; PROVIDING FOR METHOD OF PAYMENT; PROVIDING FOR CERTAIN ACTS AND PRACTICES PROHIBITED; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 125.01, Florida Statutes, the Board of County Commissioners has the power and the 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 finds that the increasing demand and associated rising prices of certain metals has contributed to increased thefts in Collier County of items such as copper wiring from construction sites, air conditioning units, and underground telecommunication wiring, which increased criminal activity adversely affects the health, safety and welfare of Collier County; and WHEREAS, Chapter 538, Part II, Florida Statutes, defines regulated metals property and regulates secondary metals recyclers for the purpose of reducing secondary metals theft; and WHEREAS, the Collier County Sheriff s Office has identified regulations, in addition to those set forth in Chapter 538, Part II, Florida Statutes, to further reduce secondary metals thefts 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 the sale of regulated metals property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Intent and Purpose. It is the intent of this Ordinance to supplement the provisions of Chapter 538, Part II, Florida Statutes, as it relates to the purchase and disposition of secondary metal property within Page 1 of 7 17Ai" unincorporated . Collier County, . This ordinance is not intended to regulate secondhand dealers engaged in the sale or purchase of precious metals under FS Ch. 538, Part 1 SECTION TWO: Title and Citation. This Ordinance shall be known and may be cited as the "Collier County Secondary Metals Recyclers Ordinance." SECTION THREE: Applicability. This Ordinance shall be applicable only within the unincorporated areas of Collier County. SECTION FOUR: 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 FIVE: Definitions. The following words, terms and phrases shall have the meanings as stated: (1) "Ferrous Metals" means any metals containing significant quantities of iron or steel. (2) . "Fixed Location" means any site occupied by a secondary metals recycler as owner of the site or as lessee of the site under a lease or other rental agreement providing for occupation of the site by the secondary metals recycler for a total duration of not less than 364 days. (3) "Money" means a medium of exchange authorized or adopted by a domestic or foreign government as part of its currency. (4) "Nonferrous Metals" means metals not containing significant quantities of iron or steel, including, without limitation, copper, brass, aluminum, bronze, lead, zinc, nickel, and alloys thereof, excluding precious metals subject to regulation under Chapter 538, Florida Statutes, Part I. (5) "Personal Identification Card" means a valid driver's license or identification card issued by the Department of Highway Safety and Motor Vehicles under Sections 322.03 or 322.051, Florida Statutes, or an equivalent form of identification issued by another state, or a passport or an appropriate work authorization issued by the United States Bureau of Citizenship and Immigration Service, which contains a photograph and address. (6) "Purchase transaction" means a transaction in which a secondary metals recycler gives consideration for regulated metals property. Page 2 of 7 17A 1~ (7) "Regulated Metals Property" means any item composed primarily of any nonferrous metals. The term does not include aluminum beverage containers, .used beverage containers, or similar beverage containers. The term includes household appliances; well and pool pumps, and items made of ferrous metal listed as restricted metal property listed in Section 538.26 (6) (b). (8) "Secondary Metals Recycler" means any person who: (a) is engaged, from a fixed location, in the business of gathering or obtaining ferrous or nonferrous metals that have served their original economic purpose or is in the business of performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value; or (b) has facilities for performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value, other than by the exclusive use of hand tools, by methods including, without limitation, processing, sorting, cutting, classifying, cleaning, baling, wrapping, shredding, shearing, or changing the physical form or chemical content thereof. SECTION SIX: Additional Records Required (1) In addition to the record requirements of FS Sec. 538.19, a secondary metals recycler shall maintain a legible electronic record, in the English language, of all purchase transactions to which such secondary metals recycler is a party. Such electronic format shall be specified by the Collier County Sheriff's Office and promulgated by way of the Sheriff's official data specifications. Electronic record shall be electronically transmitted to the Collier County Sheriff's Office from the previous business day no later than 10:00 a.m. on the following business day the secondary metals recycler is open for business. A recycler who transmits such records electronically is not required to also provide the original or paper copies of the form. However, the Collier County Sheriff's Office may, for the purposes of a criminal investigation, require the recycler to provide the original of a transaction form that has been electronically transferred within 24 hours after receipt of the request. The recycler shall also maintain a legible record of all purchase transactions to which the secondary metals recycler is a party. (2) A secondary metals recycler registered with the department of revenue that purchases a motor vehicle from a licensed salvage motor vehicle dealer as defined in Section 320.07, Florida Statutes, or another secondary metals recycler registered with the department and uses a mechanical crusher to convert the vehicle to scrap metal must obtain a signed statement from the seller stating that the seller has surrendered the vehicle's certificate of title to the Department of Highway Safety and Motor Vehicles as provide in Section 319.30, Florida Statutes, or otherwise Page 3 of 7 17q i complied with the titling requirements provided by law for conversion of the vehicle to scrap metal. A secondary metals recycler is not liable for the seller's failure to comply with the titling requirements provided by law for. conversion of a motor vehicle to scrap metal if the secondary metals recycler obtains and maintains the seller's signed statement. SECTION SEVEN: Restricted Regulated Metals. The following shall be considered as "restricted regulated metals:" (1) A manhole cover. (2) An electric light pole or other utility structure and its fixtures, wires, and hardware that are readily identifiable as connected to the utility structure. (3) A guard rail. (4) A street sign, traffic sign, or traffic signal and its fixtures and hardware. (5) Communication, transmission, distribution, and service wire from a utility, including copper or aluminum bus bars, connectors, grounding plates, or grounding wire. (6) A funeral marker or funeral vase. (7) A historical marker. (8) Railroad equipment, including, but not limited to, a tie plate, signal house, control box, switch plate, E clip, or rail tie junction. (9) Any metal item that is observably marked upon reasonable inspection with any form of the name, initials, or logo of a governmental entity, utility company, cemetery, or railroad. (10) A copper, aluminum, or aluminum- copper condensing or evaporator coil, including its tubing or rods, from an air conditioning or heating unit, excluding coils from window air conditioning or heating units and motor vehicle air conditioning or heating units. (11) An aluminum or stainless steel container or bottle designed to hold propane for fueling forklifts. (12) A stainless steel beer keg. (13) A catalytic converter or any nonferrous part of a catalytic converter unless purchased as part of a motor vehicle. (14) Metallic wire that has been burned in whole or in part to remove insulation. (15) A brass or bronze commercial valve or fitting, referred to as a "fire department connection and control valve" or an "FDC valve," that is commonly used on structures for access to water for the purpose of extinguishing fires. Page 4 of 7 17 p i'" (16) A brass or bronze commercial potable water backflow preventer valve that is commonly used to prevent backflow of potable water from commercial structures into municipal domestic water service systems. (17) A shopping cart. (18) Brass Water Meter. (19) Storm Grates. (20) Brass sprinkler heads used in commercial agriculture. SECTION EIGHT: Method of Payment for Restricted Regulated Metals. (1) Secondary metals recycler shall not enter into any cash transaction for purchase of any restricted regulated metals property listed in above. Payment by a secondary metals recycler for the purchase of restricted regulated metal property shall be made by check issued to the Seller and payable to the Seller or by electronic payment to the Seller's bank account or to the Seller's employer's bank account. Each check for payment shall be mailed by the secondary metals recycler directly to the street address of the Seller which is on file with the secondary metals recycler unless otherwise provided in this Ordinance. Payment shall not be mailed to a post office box. Electronic payments shall be sent to an account for which the Seller is listed as an account holder or an employee or agent thereof. Each check or electronic payment shall be mailed or electronically transferred by the secondary metals recycler to the Seller within three (3) days of the purchase transaction unless otherwise provided in this ordinance. (2) Exemptions. The secondary metals recycler may provide a check at the time of the purchase transaction, rather than mailing said check as required above, if the Seller falls within the exemptions set forth in FS Sec. 538.22. SECTION NINE: Certain Acts and Practices Prohibited. It is unlawful for a secondary metals recycler to do or allow any of the following: (1) Purchase restricted regulated metals property or ferrous metals between the hours of 6:00 p.m. and 7:00 a.m. Monday through Friday. (2) Purchase restricted regulated metals property from 6:00 p.m. on Friday to 7:00 a.m. on Saturday and 3:00 p.m. on Saturday till 7:00 a.m. on Monday. (3) Purchase restricted regulated metals property on Sunday. (4) Purchase restricted regulated metals property and ferrous metals from a non -fixed location. Page 5 of 7 All (5) Purchase any restricted regulated metals property unless the secondary metals recycler obtains reasonable proof that the seller: 1. Owns such property. Reasonable proof of ownership may include, but is not limited to, a receipt or bill of sale; or 2. Is an employee, agent, or contractor of the property's owner who is authorized to sell the property on behalf of the owner. Reasonable proof of authorization to sell the property includes, but is not limited to, a signed letter on the owner's letterhead, dated no later than 90 days before the sale, authorizing the seller to sell the property. SECTION TEN: Enforcement. This Ordinance shall be enforced by the Office of the Collier County Sheriff. SECTION ELEVEN: Penalties Except as otherwise provided by law, a person found guilty of violating this ordinance may be punished by a fine not to exceed $500, or by imprisonment in the county jail for a period not to exceed 60 days, or by both fine and imprisonment. Nothing in this section prohibits the County from prosecuting a violation of this ordinance by any other legal means afforded the County. SECTION TWELVE: 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 THIRTEEN: 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 Ordinances may be renumbered or relettered to accomplish such, and the word 'ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOURTEEN: Effective Date. This Ordinance shall be effective upon filing with the Department of State. Page 6 of 7 17A PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of '2012. ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . By: FRED W. COYLE, CHAIRMAN Page 7 of 7 Ann P. Jennejohn 17 A 1"I From: postmaster @collierclerk.com To: Naples Daily News Legals Sent: Thursday, January 26, 2012 2:23 PM Subject: Relayed: Ordinance Regulating Metal Recycling Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Naples Daily News Legals <maiIto:legals @naplesnews.com> Subject: Ordinance Regulating Metal Recycling Ann P. Jennejohn 17A From: Green, Amy <AGreen @Naplesnews.com> Sent: Friday, January 27, 2012 10:06 AM To: Ann P. Jennejohn Subject: Ad Confirmation Attachments: UASA4B jpg Please provide approval by 9:00am on January 30th. Thank You, Naples Legals Thank you for placing your ad. Date 01/27/12 Publication NDN Account Number 503641 Ad Number 1933324 Total Ad Cost $259.38 1 Notice is her6by Floors AdIrninisti Trail East, Napli enactment of a title of the prop +yen that on Tuesday, February 14, 2012, fn the Board- brn 3rd on , uiI'dIn§ Collier County G'ouernm�ent Corner, 3299 Ta' Mie i Fi ,rich, the 30 rid of Count Comm' i i ners vvill consider the ant anty Ordinance. The m.ee' i g gill .commence at :00 A.M. The d Ordinance is follow 17 Q J! •. ■ b. b r � 3 A ! gyp,, e • A ! .. ` irk. A IF 1► K gi !' #i W ' 01 W NOTE: All, persprts wishing t streak on, n a ncla i rri Wst register with the co, Wn , c nistratot . rio�r to rRsental +� ;he agenda It m tQ be a0 r sed.. India u :d,m l speakers i:ll 4e tirr�i -ed to 3 minutes on any iterl. The stile i n f an Ind IVIctUal to s alb on behalf cif -an organization off' group is encouraged. if recrnizd by' t Chairman, a. spokesperson a gr€�up� car r+ganrzatr+an may be allot! 10 minutes to. sp+eak.�on an itern. . Persons: wishing to have written or graphic materials included in the Boar,4 agenda packets must-submit said material a minimum of 3 weeks prior to the respective gublic, hearing, In any case, r n materials intendded to be c nstdere4 by the uard shall be sUb fitted to the. appropriate County staff a minimum of seven days pricer to the public hearing. All rn a�t+er al used in presentAtions. before th* Boaed . mill home a perm anent part of the record. o :� .say^ a wr s • r a a If yon are a� n with a disability ho�needs ny, accommodation in order eto participate in this, proceeding; you:ar+e entitled, at . cost to you, to the pfrWs on of certain assistance. please contact.thee Collier County Facilities Management Department, located at . 3.35 Tamiarni Trail 'East SuiI a 161, Naples, Florida 3112, (239 ) 252 - 8380. Assisted listening deices for the hearing :.irnpajred` are available in the County C mmkssion:ers' Office. DWIZHT E. SROC K# CLERK a 17A A-/ . /in OF 9;99 t. tice is in Admen (ding; •EbfNer'C.%M- ZV M Eenhr 711110. East, Naples, Flondar, the Board of Cou Comriussjoners will. wns�er th4 of a County Ordinance: 'Die ma lr eat 90o -A Tha ;rto{lglad•Otdirtdnceas as follows: A co .COUNT/!> OMAB�81ONEl� Ji1F MLUNY I co REtiULAT10NS RTAIPHN6 TO SE'CiiNDAFtY I AL$ q��yCLERS - PROw�j f INTENT �ppy{ I FOR TITLE ; qTA NETAPTIO DIH �Ak CAgqB��� PROM�yD 1Vi� TO1VSti 1N UMRg�4dON.OF. LIABILITY: EPREYIDINl3'fOR METHOD PAYN FOJRI" +�RTAIN �A R AND PRACTICEs PR WirrED; PRcmDod me GQNFLIcr AND SBIERA111tQ PROVIDING FOR INCLU NNSIO ,IN THE CODE OF AAAWS ANP ORDINANCES; D.PROVIDING' =DING EFFECTIVE DATE. Copies of the prop Qrdinance are cm file with the Clerk to aha Board' are awilable fqr irnpectiot:riM intererted partjes are irwited to attend and be flea MM: All p ns wishing to speak on apy agenda item must. register �t1th i�fe I AednMnh' #rotor prioro prgeMation of thB Agemle itch be iMaaM. speakers WiB ba 1'enitad to 3 minutes on. any jrem The aelectipn of an 1, ual to. speak on behalf of an organisation or group is encour4W. fF ized the q�4rmah, a spokeipersbn for a group or organization array to ad;10 nutes to speak on an item:: Persons wishing to have written or graphic materials induded in the Board agwWa muri su��pptt said material a minimum of 3 weeks prior to the heari,*iq'u Fi any case, written materieh intended to be.aonsidere shall be submitted to the appropriate Coun1� staff a •mintn►um bf VW prior to the public hearing. All material used in pr,sentitions; before Board wW become a permanent part of the record J Arty .person who_deci4ps to appeal a decision of.the Board wiq.peed.a recordff� (, pmesedins pertaining thereto and therefore, may need to ensure that a varbitinf any@o . the proceadings is made, which record - Includes the testimony and upon which the appeal is bawd. N�ps� ere a perapn with a disability . who needs any = 'accommodation .in, olds to pet'tiopate' iq this ,procbeding; you ,are entitled, at no Cost to you, to the ptevielon bf cerhih assistance. Please conted the Collier Count�yy Facilities Me�esasnt t, located at 3335 T ml Trail E Suite 101. Naples Flgri S72 B3BD. Auii'; listening ices for tFie'`Aeaiing-*v%0 imd aft, CeshniisEbnera "OffiaE, - . =4COUNTY tONIMISSIONERS OUNTY, FLORU)A , + *i t".f0(LE, CFIAIIMMAN D% MC fi IaepY 76 'k R r F NAPLES DAILY NEWS 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 Debbie Landreth who on oath says that she serves as the Controller 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, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper I time in the issue on February 1, 2012 Affiant further says that the said Naples Daily News is a newspaper published at Naples, 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 I year next preceding the first publication of the attached copy of advertisement; and afftant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signature of affian Sworn to and subscribed before me This 33rd day of February, 2012 (Signature of notary public) i, KAROL E KANGAS r ° - Notary Public - State of Florida My Comm. Expires Jul 29, 2013 FOF� �„°,` �- Commission # DO 912237 17A i - N0710E OF N17M: N ;TO c N i*k dii { }t� gg 7v (p Fioorf Administrotlortnilt CoTNIr Count Trail st, Naples, Floritd. a Board of Cgmm' onen wiU tp i er. the k e,a~ Cit+ Ordkiyihce ''M�ie rWce'at'f�B if: C+►oPd +r+ae is as 1fol�rK AN Ep* ;171t'Pr H "t OF COUN 0, OF COLLIER CAUN FCORiOX E T GR N N I TO Si CQQRN, Y. ANDA�LCi pRmt/II � ;,M UC P j STRUCYION AND'" .liAi101k #�R041D1 bfP�N (('r[�lppNS ;.; V1D(NG: FiQgg RECORDS REOUIREp = LIMITTIONy OF �1�Y PIIOV161NG 1ulErHOD' f;if P ECORD lRO1nFMN FOX" W.%T.A Ai ' AW PRACTICES PRONIBRED PROVIDMG 'FOR CfONF= f W0 SEVERABILITY•. PROYIOING POR 1 USKW JN THE CODE OF tAM, . ANNdO, OPOIN"M C„ES; ANO j'RO1J�pING FOR AN EFFE WE Copiep of thq propase� , ance are on file with the Cy` to the Board "and are, ' availabWfor rn4KitMA. ll Rterested parties aie irrvitetl to and be heard. NOTEersoris vrishipg Xo speak on any ;_agBnd must` register with the C ator pprrior fo ' ntatron" M, A9 be piydtlsed. I I td'r Will'bt 3 minI- lleriritspr. Tht,selection,af an ;i indivi ual ti► ea# pn iha O aq arganitston or group is �,;�i(aoteuraged. N rlcbgmzed'by the Ch Titan, a ssppokesperson fti a ;pwup or orpainiration may 1* allotted t0nanates to,spaJcoo-aii.item: ? ! persons wishing to have wkien or graphic�m#terials Included in" agenda pacrts must sub tAit �eid',nuiterial a minimym of 3 waeke prbr fo t�iie a ppub is hearing. aRTy case, written materials intend# to be considered Board shall W submitted to the appropriate Cow bt °a7 days prior to the publk hbaring. All material used Ih "gtaee ore.the Boar wRI become a permangnt part of the record. Arry person who decides to appeal a decision of the Soprd I! tKed a ';701. the proceedirir�s ertaihing thereto and therefore; May need'to phw(e thave atim record off The proceetlf' is, made, which Yttord Mctudai testimon and _ ewrlenca upop which the appeal is . If you are a person With a dis Wky who any, accornmodatioR in- order to participate in this proceeding, you. Mt no tpyoy ks tai provision of certain assist ance. Please, they tou 'FecBltlei Management Departmen located at 39$ t Nml Trait: `. 1, a ias, Ftori a 33.�}}t12, (2391 252 -Bed I' InB dpyke5 for:. d are apeble in the My ne!llrica C BOARIXOFCO {9MMMIAIONERS. COLLIER COUCYN, FLORIDA f k 'r. '*RiOCbYLE, CHAIRMAN (' � DWIGHT E. BRICK, CLERK B ALann Jennelohn Deputy Clerk PkA .February I- 20{2 ^�� ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 7A THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines#1 through#4 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#4,complete the checklist,and forward to Ian Mitchell(line#5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. Jeffrey A. Klatzkow,County Attorney County Attorney JAK 2/15/12 5. Ian Mitchell,Executive Manager BCC Board of County Commissioners t‘.. .Z / 'l 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval.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,including lan Mitchell needs to contact staff for additional or missing information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Jeffrey A. Klatzkow,County Attorney Phone Number 252-8400 Contact Agenda Date Item was 2/14/12 Agenda Item Number Approved by the BCC 1- - Type of Document Ordinance—Secondary Metals Recyclers Number of Original One Attached /012.bl Documents Attached 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. 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. This includes signature pages from ordinances, resolutions,etc.signed by the County Attorney's Office and signature pages from contracts,agreements,etc.that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. 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 3. 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. 4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 5. In most cases(some.contracts are an exception),the original document and this routing slip JAK should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. 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! 6. The document was approved by the BCC on 2-14-12 and all changes made during the JAK meeting have been incorporated in the attached document.The County Attorney's Office has reviewed the changes,if applicable. { l:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05 08-MGR-00132/33 17A MEMORANDUM Date: March 2, 2012 To: Jeff Klatkow, County Attorney County Attorney's Office From: Teresa Polaski, Deputy Clerk Board Minutes & Records Department Re: Validated Ordinance 2012 -07 Attached for your records, is a copy of the Ordinance referenced above, (Item #17A) adopted by the Board of County Commissioners on Tuesday February 14, 2012. If you have any questions, please contact me at 252 -8411. Thank you. Attachment 17A MEMORANDUM DATE: March 2, 2012 TO: Ernie Kerskie, Director of Mapping Property Appraiser's Office FROM: Teresa Polaski, Deputy Clerk Minutes & Records Department RE: Validated Ordinance 2012 -07, 2012 -08 & 2012 -09 Attached for your records, is a copy of the document referenced above, Adopted by the Board of County Commissioners on Tuesday, February 14, 2012. If you have any questions, please feel free to call me at 252 -8411. Thank you. Attachment ORDINANCE NO. 2012 - o_ 17A AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING REGULATIONS PERTAINING TO SECONDARY METALS RECYCLERS; PROVIDING FOR INTENT AND PURPOSE; PROVIDING FOR TITLE AND CITATION; PROVIDING FOR APPLICABILITY; PROVIDING FOR CONSTRUCTION AND INTERPRETATION; PROVIDING DEFINITIONS; PROVIDING FOR RECORDS REQUIRED — LIMITATION OF LIABILITY; PROVIDING FOR METHOD OF PAYMENT; PROVIDING FOR CERTAIN ACTS AND PRACTICES PROHIBITED; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 125.01, Florida Statutes, the Board of County Commissioners has the power and the 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 finds that the increasing demand and associated rising prices of certain metals has contributed to increased thefts in Collier County of items such as copper wiring from construction sites, air conditioning units, and underground telecommunication wiring, which increased criminal activity adversely affects the health, safety and welfare of Collier County; and WHEREAS, Chapter 538, Part II, Florida Statutes, defines regulated metals property and regulates secondary metals recyclers for the purpose of reducing secondary metals theft; and WHEREAS, the Collier County Sheriff's Office has identified regulations, in addition to those set forth in Chapter 538, Part II, Florida Statutes, to further reduce secondary metals thefts 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 the sale of regulated metals property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Intent and Purpose. It is the intent of this Ordinance to supplement the provisions of Chapter 538, Part II, Florida Statutes, as it relates to the purchase and disposition of secondary metal property within Page 1 of 7 7A unincorporated Collier County. This ordinance is not intended to regulate secondhand dea ers engaged in the sale or purchase of precious metals under FS Ch. 538, Part 1. SECTION TWO: Title and Citation. This Ordinance shall be known and may be cited as the "Collier County Secondary Metals Recyclers Ordinance." SECTION THREE: Applicability. This Ordinance shall be applicable only within the unincorporated areas of Collier County. SECTION FOUR: 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 FIVE: Definitions. The following words, terms and phrases shall have the meanings as stated: (1) "Ferrous Metals" means any metals containing significant quantities of iron or steel. (2) "Fixed Location" means any site occupied by a secondary metals recycler as owner of the site or as lessee of the site under a lease or other rental agreement providing for occupation of the site by the secondary metals recycler for a total duration of not less than 364 days. (3) "Money" means a medium of exchange authorized or adopted by a domestic or foreign government as part of its currency. (4) "Nonferrous Metals" means metals not containing significant quantities of iron or steel, including, without limitation, copper, brass, aluminum, bronze, lead, zinc, nickel, and alloys thereof, excluding precious metals subject to regulation under Chapter 538, Florida Statutes, Part I. (5) "Personal Identification Card" means a valid driver's license or identification card issued by the Department of Highway Safety and Motor Vehicles under Sections 322.03 or 322.051, Florida Statutes, or an equivalent form of identification issued by another state, or a passport or an appropriate work authorization issued by the United States Bureau of Citizenship and Immigration Service, which contains a photograph and address. (6) "Purchase transaction" means a transaction in which a secondary metals recycler gives consideration for regulated metals property. Page 2 of 7 17A (7) "Regulated Metals Property" means any item composed primarily of any nonferrous metals. The term does not include aluminum beverage containers, used beverage containers, or similar beverage containers. The term includes household appliances, well and pool pumps, and items made of ferrous metal listed as restricted metal property listed in Section 538.26 (6) (b). (8) "Secondary Metals Recycler" means any person who: (a) is engaged, from a fixed location, in the business of gathering or obtaining ferrous or nonferrous metals that have served their original economic purpose or is in the business of performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value; or (b) has facilities for performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value, other than by the exclusive use of hand tools, by methods including, without limitation, processing, sorting, cutting, classifying, cleaning, baling, wrapping, shredding, shearing, or changing the physical form or chemical content thereof. SECTION SIX: Additional Records Required (1) In addition to the record requirements of FS Sec. 538.19, a secondary metals recycler shall maintain a legible electronic record, in the English language, of all purchase transactions to which such secondary metals recycler is a party. Such electronic format shall be specified by the Collier County Sheriff's Office and promulgated by way of the Sheriffs official data specifications. Electronic record shall be electronically transmitted to the Collier County Sheriff's Office from the previous business day no later than 10:00 a.m. on the following business day the secondary metals recycler is open for business. A recycler who transmits such records electronically is not required to also provide the original or paper copies of the form. However, the Collier County Sheriff's Office may, for the purposes of a criminal investigation, require the recycler to provide the original of a transaction form that has been electronically transferred within 24 hours after receipt of the request. The recycler shall also maintain a legible record of all purchase transactions to which the secondary metals recycler is a party. (2) A secondary metals recycler registered with the department of revenue that purchases a motor vehicle from a licensed salvage motor vehicle dealer as defined in Section 320.07, Florida Statutes, or another secondary metals recycler registered with the department and uses a mechanical crusher to convert the vehicle to scrap metal must obtain a signed statement from the seller stating that the seller has surrendered the vehicle's certificate of title to the Department of Highway Safety and Motor Vehicles as provide in Section 319.30, Florida Statutes, or otherwise Page 3 of 7 complied with the titling requirements provided by law for conversion of the vehicle to scrap metal. A secondary metals recycler is not liable for the seller's failure to comply with the titling requirements provided by law for conversion of a motor vehicle to scrap metal if the secondary metals recycler obtains and maintains the seller's signed statement. SECTION SEVEN: Restricted Regulated Metals. The following shall be considered as "restricted regulated metals:" (1) A manhole cover. (2) An electric light pole or other utility structure and its fixtures, wires, and hardware that are readily identifiable as connected to the utility structure. (3) A guard rail. (4) A street sign, traffic sign, or traffic signal and its fixtures and hardware. (5) Communication, transmission, distribution, and service wire from a utility, including copper or aluminum bus bars, connectors, grounding plates, or grounding wire. (6) A funeral marker or funeral vase. (7) A historical marker. (8) Railroad equipment, including, but not limited to, a tie plate, signal house, control box, switch plate, E clip, or rail tie junction. (9) Any metal item that is observably marked upon reasonable inspection with any form of the name, initials, or logo of a governmental entity, utility company, cemetery, or railroad. (10) A copper, aluminum, or aluminum- copper condensing or evaporator coil, including its tubing or rods, from an air conditioning or heating unit, excluding coils from window air conditioning or heating units and motor vehicle air conditioning or heating units. (11) An aluminum or stainless steel container or bottle designed to hold propane for fueling forklifts. (12) A stainless steel beer keg. (13) A catalytic converter or any nonferrous part of a catalytic converter unless purchased as part of a motor vehicle. (14) Metallic wire that has been burned in whole or in part to remove insulation. (15) A brass or bronze commercial valve or fitting, referred to as a "fire department connection and control valve" or an "FDC valve," that is commonly used on structures for access to water for the purpose of extinguishing fires. Page 4 of 7 17A (16) A brass or bronze commercial potable water backflow preventer valve that is commonly used to prevent backflow of potable water from commercial structures into municipal domestic water service systems. (17) A shopping cart. (18) Brass Water Meter. (19) Storm Grates. (20) Brass sprinkler heads used in commercial agriculture. SECTION EIGHT: Method of Payment for Restricted Regulated Metals. (1) Secondary metals recycler shall not enter into any cash transaction for purchase of any restricted regulated metals property listed in above. Payment by a secondary metals recycler for the purchase of restricted regulated metal property shall be made by check issued to the Seller and payable to the Seller or by electronic payment to the Seller's bank account or to the Seller's employer's bank account. Each check for payment shall be mailed by the secondary metals recycler directly to the street address of the Seller which is on file with the secondary metals recycler unless otherwise provided in this Ordinance. Payment shall not be mailed to a post office box. Electronic payments shall be sent to an account for which the Seller is listed as an account holder or an employee or agent thereof. Each check or electronic payment shall be mailed or electronically transferred by the secondary metals recycler to the Seller within three (3) days of the purchase transaction unless otherwise provided in this ordinance. (2) Exemptions. The secondary metals recycler may provide a check at the time of the purchase transaction, rather than mailing said check as required above, if the Seller falls within the exemptions set forth in FS Sec. 538.22. SECTION NINE: Certain Acts and Practices Prohibited. It is unlawful for a secondary metals recycler to do or allow any of the following: (1) Purchase restricted regulated metals property or ferrous metals between the hours of 6:00 p.m. and 7:00 a.m. Monday through Friday. (2) Purchase restricted regulated metals property from 6:00 p.m. on Friday to 7:00 a.m. on Saturday and 3:00 p.m. on Saturday till 7:00 a.m. on Monday. (3) Purchase restricted regulated metals property on Sunday. (4) Purchase restricted regulated metals property and ferrous metals from a non -fixed location. Page 5 of 7 17A (5) Purchase any restricted regulated metals property unless the secondary metals recycler obtains reasonable proof that the seller: 1. Owns such property. Reasonable proof of ownership may include, but is not limited to, a receipt or bill of sale; or 2. Is an employee, agent, or contractor of the property's owner who is authorized to sell the property on behalf of the owner. Reasonable proof of authorization to sell the property includes, but is not limited to, a signed letter on the owner's letterhead, dated no later than 90 days before the sale, authorizing the seller to sell the property. SECTION TEN: Enforcement. This Ordinance shall be enforced by the Office of the Collier County Sheriff. SECTION ELEVEN: Penalties Except as otherwise provided by law, a person found guilty of violating this ordinance may be punished by a fine not to exceed $500, or by imprisonment in the county jail for a period not to exceed 60 days, or by both fine and imprisonment. Nothing in this section prohibits the County from prosecuting a violation of this ordinance by any other legal means afforded the County. SECTION TWELVE: 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 THIRTEEN: 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 Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOURTEEN: Effective Date. This Ordinance shall be effective upon filing with the Department of State. Page 6 of 7 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this l4kWay of Fcbr -ja , 2012. ATTEST: ^ , DWIGrH'�`.�1 .K, CLERK rbeputy Clerk 0 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRi7ViAN Page 7 of 7 17A STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2012 -07 17A. Which was adopted by the Board of County Commissioners on the 14th day of February, 2012, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 23rd day of February, 2012. DWIGHT E. BROCK Clerk of Courts; and Cle"rk Ex- officio to ,- Sojax'cj, %pf County Commissioners k, y: Teresa Polaski, Deputy Clerk