Agenda 01/10/2012 Item #16I3Proposed Agenda Changes
Board of County Commissioners Meeting
January 10, 2012
MOVE ITEM 2B TO ITEM 16I3: PUBLIC DECLARATION OF FORM 8B,
MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL
AND OTHER LOCAL PUBLIC OFFICERS, IN REFERENCE TO ITEM 8A
ON THE DECEMBER 13, 2011 AGENDA, FILED BY COMMISSIONER
TOM HENNING. (COUNTY ATTORNEY'S REQUEST)
Continue Item 8A to the January 24.2012 BCC Meeting: This item requires that ex parte
disclosure be provided by Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. PUDZ- 2003 -AR -3608: Orangetree PUD -- An Ordinance
amending Ordinance Numbers 2005 -42 and 2004 -73, the Orangetree PUD, to add 1,050
residential units for a total of 3,150 residential units; to add 100,000 square feet of office use and
add 172,000 square feet of retail use to the existing 60,000 square feet of retail for a total of
332,000 square feet of commercial development; to revise the development standards including
building height and setbacks and to add allowable residential, commercial uses and mixed uses,
and to eliminate the environmental commitments, for property located in parts of Sections 11, 12,
13, 14, 22 through 27, Township 48 South, Range 27 East, Collier County, Florida consisting of
2,138.76 acres; and by providing an effective date. (Commissioner Fiala's request)
Move Item 16A8 to Item 1017: Recommendation to approve Change Order 2 to Contract # 10 -5206,
with Atkins North America, Inc., for Design Services for Collier Area Transit Transfer Station, in
the amount of $99,900 for redesign and post design services, and to extend the contract by six
hundred seventy seven (677) days to account for inclusion of the construction and completion
schedule; authorize the Chairman to execute the change order. (Commissioner Hiller's request)
Move Item 16A10 to Item 10E: Recommendation to approve an economic development agency
report required by Section 125.045, Florida Statutes and authorize the County Manager or
designee to submit a copy of the report to the Office of Economic and Demographic Research
(EDR). (Commissioner Hiller's request)
Move Item 16132 to Item 13132: Recommendation for the Community Redevelopment Agency
(CRA) to approve and execute a Commercial Building Improvement Grant Agreement between the
CRA and a Grant Applicant within the Bayshore Gateway Triangle area. (2595 Tamiami Trail East,
Fiscal Impact $3,603) (Commissioner Hiller's request)
Continue Item 16E4 to the January 24.2012 BCC Meeting: Recommendation to approve and
authorize the Chairman to sign the Assumption Agreement from Tectrans, Inc. to Keolis Transit
America, Inc. for Management Contract for the Collier Area Transit (CAT) Fixed Route and
Paratransit Program. (Staffs request to make corrections to buyer's name within agreement)
Proposed Agenda Changes
Board of County Commissioners Meeting
January 10, 2012
Page 2
Move Item 16171 to Item 10C: Recommendation to approve and adopt the Resolutions adopted by
the Board of the Pelican Bay Services Division at a Special Meeting on December 14, 2011, with
respect to the 1998 Joint Coastal Permit of the Florida Department of Environmental Protection
and the Clam Bay Restoration and Management Plan authorized to be implemented under that
Permit. (Commissioner Hiller's and Commissioner Coyle's separate requests)
Move Item 16173 to Item 10D: Recommendation to approve In- Market Meeting Planner Site and
Familiarization Guidelines for the Tourism Department to provide payment or reimbursement of
expenses related to attracting group meetings to Collier County and authorize payment of covered
expenses up to an annual total program cost of $150,000. (Commissioner Hiller's request)
Time Certain Items:
Item 10B to be heard at 11:30 a.m.
Item 10C to be heard at 1:00 p.m.
1/10/2012 Item 2. B.
COLLIER COUNTY
Board of County Commissioners
Item Number: 2.13.
Item Summary: Public declaration of form 813, Memorandum of Voting Conflict for
County, Municipal and Other Local Public Officers, in reference to Item 8A on the Agenda of
December 13, 2011, filed by Commissioner Tom Henning.
Meeting Date: 1/10/2012
Prepared By
Name: MitchellIan
Title: Executive Manager, BCC
12/27/20114:24:49 PM
Submitted by
Title: Executive Manager, BCC
Name: MitchellIan
12/27/20114:24:50 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/4/2012 9:15:52 AM
Name: SheffieldMichael
Title: Manager- Business Operations, CMO
Date: 1/4/2012 9:50:28 AM
Packet Page -1-
FORM 8B MEMORANDUM OF VOT JI FLICT FOR
COUNTY MUNICIPAL AND OTHER 1 ., . `. C OFFICER
LAST NAME - -FIRST NAME — MIDDLE NAME
NMIE -0FON'AIJTFpRITY.01t COMYIT7EE
CoBsr Cnuirbi(j? 't�.orbmlesiorlars
Tom Harming
MAILING ADDRESS
60ARDIN,AtlT$rOR1iY OR COMMITTEE ON
3301 East Tamiami Tr.
Colt Y LOCAL AGENCY
CnY COUNTY
Naples Collier
NAME OF POLmCAL SU061VISION:
CW*»
DATE ON MCH VOTE OCCURRED
MY POSITION IS:
12 -13 -2011
0 .ELECTIVE APPOINTIVE
WHO MUST FILE FORM 613
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting
conflict of interest under Section 1123143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure In which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay dose attention to the instructions on this form before
completing the reverse side and filing the form,
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure. which
inures to his or her special private gain or loss. Each elected or appointed local offloer also is prohibited -from knowingly voting. on a mea-
sure which Inures to the special' gain or loss of a principal (other than a government agency) by whom he or. she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community rsdevelopment:agendes under Sec. 163.366 or
163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a 'relative' includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
mother -in -law, son4n -law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the Conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
ad
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediebsly to the other members of the:agethtty,
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DMOU5 il( sfAT THE MEETING:
• You must disclose orally the nature of your ewflk t in the measure before pardcipeting:
• You must complete the form and file it within 15 days after the vote occurs with the person. responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provldad Immedlately to the other members of the
agency, and the form must be read publicly at the red meeting after the form is filed
DISCLOSURE OF LOCAL OFFICER`S INTEREST
I, Tom Henning hereby disclose that on Deoember 13th 2011
(a) A measure came or will come before my agency which (check one)
❑ Inured to my special private gain or loss,
inured to the special gam or loss of my business associate, Ropers Trust
inured to the special gain or loss of my relative;
inured to the special gain or, lose of by
whom i arh retained; or
Inured to the special gain or loss of which
Is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
1 am the sole Beneficiary of Rogers Trust, Rogers Trust has property In Immokelse Florida. The Item on the Commissioners agenda
would affect the density of said property. This agenda item Controversial in immolmise and split theCommunily.
If t voted for the item opponents would have objected because on the appearance of conflict of Interest, If I voted against the item the
same on the other side would apply
Inclusive of the increase base density. there Is a provision in the Immokelee master plan for increase of density of bonus density. The
appearance of voting for or against this plain could have been a conflict in the public perception.
286.012tmting requirement at meetings of governmental bodies. —No member of any state, county, or municipal governmental board.
commission, or agency who is present at any meeting of any such body at which an official decision, ruling, or other official act is to be
taken or adopted may abstain from voting in regard to any such decision, ruling, or act; and a vote shall be recorded or counted for each
such member present, except when, with respect to any such member, there Is, or appears to be, a possible conflict of Interest under the
provisions of a. 112.311, 9.112.313, or s.112.3143. In such ceses, said member shall comply with the disclosure requirements of s.
112.3143
rAllir "01111
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A "FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION,' REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 1ROOf) PAGE 2