Agenda 07/26/2011 Item #16D 6Agenda Changes
Board of County Commissioners Meeting
July 26, 2011
Continue Item 16D6 to the September 13, 2011 BCC
Meeting: Request that the Board of County Commissioners
review and approve the County Attorney's recommendation
to waive any potential ethics conflict for a Code
Enforcement Board member based on Ch. 112, Florida
Statutes. (Original request was from Commissioner Hiller
to have this item moved to the Regular agenda; Staff
requested item is continued due to fact the individual in
question isn't able to attend this meeting.)
Continue Item 16F1 to the September 13, 2011 BCC Meeting: Modification to Contract #11 -5704 for the
Pelican Bay Community Crosswalks to Bateman Contracting, LLP. (Staffs request to further address the
vendor's concerns regarding the scheduling of the crosswalk construction.)
Continue Item 16F3 to the September 13, 2011 BCC Meeting: Recommendation to approve and
authorize the Chairman to sign Amendment #2 to the Friends of Rookery Bay, Inc. FY 11 Tourist
Development Tax Grant Agreement to change the current funding source from Category C -2 to Tourism
Promotion Fund 184 as a Category B marketing grant. (Staff and Commissioner Hiller's separate requests in
response to grantee's request for continuance to resolve questions raised by the Clerk's Finance Department)
Move Item 16D14 to Item IOH: Recommendation to approve the Collier County 5 -Year HUD Consolidated
Plan for FY 2011 -2016; One Year HUD Action Plan FY 2011 -2012 and revised Citizen Participation Plan,
and to sign the supporting resolution and certifications for submission to the United States Department of
Housing and Urban Development (HUD). (Commissioner Hiller's request)
Move Item 16D1 to Item 101: Recommendation to approve final submission of the Disaster Recovery
Initiative 2008 Disaster Recovery Enhancement Funds (DREF) application to the Florida Department of
Community Affairs for funding in the amount of $3,323,962. (Commissioner Hiller's request)
Move Item 16A19 to Item 10J: Recommendation for the Board of County Commissioners (Board) to
direct the County Manager or designee to create and fund a project via budget amendment within Parks and
Recreation Capital Fund (306) for the specific purpose of establishing a public All Terrain Vehicle (ATV)
park and to move forward with public involvement, concept evaluations, cost comparisons and then come
back to the Board with alternatives and a final recommendation to implement the project. (Commissioner
Hiller's request)
Move Item 16C5 to Item 1OK: Recommendation to approve the Renewal and Amendment of the
Agreement for Delivery and Reuse of Reclaimed Water between The Club Pelican Bay, Inc. and the Board of
County Commissioners of Collier County, Florida, as the Ex- Officio Governing Board of the Collier County
Water -Sewer District. (Commissioner Hiller's request)
Move Item 16F5 to Item IOL: Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2010 -11 Adopted
Budget. (Staffs request) Companion Item to 10A
Move Item 16B1 to Item 13B1: Recommendation to approve Local Advisory Board members and CRA
staff attendance at Florida Redevelopment Association 2011 Annual Conference including payment of
attendees' registration, lodging, travel and per diem expenses from the Bayshore Gateway Triangle Trust
Fund (187) budget and declare the conference attendance and training received as a valid public purpose.
(Estimated Fiscal Impact approximately $839 per person) (Commissioner Hiller's request)
Move Item 17D to Item 8E: Recommendation to adopt a resolution approving amendments (appropriating
carry forward, transfers and supplemental revenue) to the Fiscal Year 2010 -11 Adopted Budget. (Staffs
request) This item to be heard subsequent to Items IOA and 10J.
Note:
Items 9G and 12A are companion items. (County Attorney's request)
Item 16D7: Advisory Committee Recommendations as follows: The Tourist Development Council
recommended approval of this item by a vote of 6 -1 on 7/21/2011 subject to verification by the Clerk that
TDC funds can be used to fund this item. The Council also made a finding that this item supports tourism
and serves a valid public purpose. (Staffs request)
Item 161319: Bid Number should read #11 -5692; not #11 -5697 as shown on the agenda and the Executive
Summary. (Staffs request)
Time Certain Items:
Item IOG to be heard at 9:45 a.m.
Item 8C to be heard at 10:15 a.m.
Item 8D to be heard immediately following Item 8C
Item 8B to be heard at 11:00 a.m.
Item IOC to be heard at 1:00 p.m.
Item 8A to be heard at 2:00 p.m.
7/28/2011 11:30 AM
7/26/2011 Item 16.D.6.
EXECUTIVE SUMMARY
Request that the Board of County Commissioners review and approve the County Attorney's
recommendation to waive any potential ethics conflict for a Code Enforcement Board member
based on Ch. 112, Florida Statutes.
OBJECTIVE: For the Board of County Commissioners to review and approve the County Attorney's
recommendation to waive any potential ethics conflict for Code Enforcement Board (CEB) member Ken
Kelly.
CONSIDERATIONS: CEB member Ken Kelly asked the Countv Attorney's Office to review ° his private
company's business relationship with Collier County to determine whether any potential ethics violation
may exist under Ch. 112, Florida Statutes. In summary, although there may be a potential ethics
violation, based on the specific facts of this conflict, the conflict may be waived by two- thirds vote of the
BCC.
Summary
Mr. Kelly is the owner of Kelly Roofing, LLC, a local roofing and construction company. Kelly Roofing
would like to bid and be awarded County roofing and construction projects.
As an advisory board member, Mr. Kelly is considered a public officer and subject to the restrictions
found in Chapter 112, Fla. Stat... Code of Ethics for Public Officers and Employees.
In fact. Mr. Kelly was member of the Affordable Housing Advisory Committee (AHAC) for many years.
However, Mr. Kelly's private company may bid and be awarded County roofing and construction projects
that benefit the Housing, Human and Veteran Services Department. After careful review. Mr. Kelly and
the County Attorney's Office agreed that it would be most conservative for Mr. Kelly to resign from the
AHAC in the event that his firm would be awarded work related to the Housing. Human and Veteran
Services Department. Mr. Kell} resigned from the AH.AC on May 23. 2011.
Currently at issue is whether Mr. Kelly is required to resign from the CEB based on a potential conflict of
interest under either State law or local ordinance.
Florida Statutes
Section 112.313(3), Fla Stat., Doing business with one's agency, provides in relevant part: `Nor shall a
public officer or employee, acting in a private capacity, rent. lease, or sell any realty, goods, or services to
the officer's or employee's own agency, if he or she is a state officer or employee, or to any political
subdivision or any agency thereof, if he or she is serving as an officer or employee of that political
subdivision."
Section 112.313(7)(a)_ Fla, Stat., Conflicting employment or contractual relationship, provides in relevant
part: "No public officer or employee of an agency shall have or hold any employment or contractual
relationship with any business entity or any aeencv which is subject to the regulation of. or is doing
business with, an aeencv of which he or she is an officer or employee. excluding those organizations and
their officers who, when acting in their official capacity, enter into or negotiate a collective bargaining
contract with the state or any municipality. county,. or other political subdivision of the state: nor shall an
officer or employee of an agency have or hold any employment or contractual relationship that will create
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7/26/2011 Item 16.D.6.
a continuing or frequentiv recurring conflict between his or her private interests and the performance of
his or her public duties or that would impede the full and faithful discharge of his or her public duties."
Discussion
It appears that both of these statutory provisions would arguably be violated based on Kelly Roofing,
LLC doing business with Collier County. The nature of the conflict is a status conflict. It is different
from a voting conflict. It is based strictly on Mr. Kelly's status as an advisory board member. As a status
conflict.. the BCC may waive this strict violation.
Mr. Kelly's status conflict is arguably different from other status conflicts which the County Attomey's
Office has reviewed. In this case, Mr. Kelly's CEB membership does not in any way relate to Kelly
Roofing's work for the County.
The County Attorney's Office has reviewed other status conflicts and recommended against seeking a
waiver from the BCC based on the direct relationship between the advisory board membership and the
work that the private company was doing. For example, the Count Attorney's Office recommended that
Mr. Kelly resign from AHAC as the relationship may have been too closely connected and would
potentially reflect negatively on Mr. Kelly, his company and the BCC. However, Mr. Kelly's current
inquiry does not involve any Code Enforcement Board projects, and therefore we feel it is appropriate to
request a waiver.
FISCAL IMPACT: None.
LEGAL CONSIDERATIONS: This is a non -quasi judicial matter and as such ex pane disclosure is not
required. This item requires at least two - thirds majority support. -- CMG
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners waive any potential ethics conflict
for Code Enforcement Board member Ken Kelly based on Ch. 112, Florida Statutes.
Prepared By: Colleen M. Greene. Assistant County Attorney
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7/26/2011 Item 16.D.6.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.6.
Item Summary: Request that the Board of County Commissioners review and approve the
County Attorney's recommendation to waive any potential ethics conflict for a Code
Enforcement Board member based on Ch. 112, Florida Statutes.
Meeting Date: 7/26/2011
Prepared By
Name: RamseyFrank
Title: Manager, Housing, Human and Veteran Services
6/29/2011 4:25:01 PM
Submitted by
Title: Manager. Housing, Human and Veteran Services
Name: RamseyFrank
6/29/2011 4:25:03 PM
Approved By
Name: AlonsoHailey
Title: Administrative Assistant.Domestic Animal Services
Date: 6/30/2011 9:46:13 AM
Name: KrumbineMarcy
Title: Director - Housing & Human Services.Housing, Human & Veteran Services
Date: 7 /1/2011 10:26:12 AM
Name: RamseyMarla
Title: Administrator, Public Services
Date: 7 /5/2011 9:33:53 AM
Name: GreeneColleen
Title: Assistant County Attorney,CountN Attorney
Date: 7/5/2011 10:42:54 AM
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Name: KlatzkowJeff
Title: County Attorney,
Date: 7/15/2011 4:03:29 PM
7/26/2011 Item 16.D.6.
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior.Office of Management R Budget
Date: 7/18/2011 2:20:06 PM
Name: Pricel-en
Title: Administrator - Administrative Services.
Date: 7/18/2011 10:57:30 PM
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