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Ex-parte - Solis 12/12/2017 Ex parte Disclosure - Commissioner Andy Solis COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA December 12, 2017 CONSENT AGENDA 16.A.16. 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. Recommendation to approve for recording the minor final plat of Amaranda at Fiddler's Creek, Application Number PL20170003100. X NO DISCLOSURE FOR THIS ITEM SEE FILE I IMeetings I ICorrespondence e-mails I ICalls 16.A.17. 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. Recommendation to approve for recording the minor final plat of City Gate Commerce Center, Phase Three A, Application Number PL20170000610. V NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings Correspondence e-mails Calls 16.A.18. 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. Recommendation to approve for recording the minor final plat of Bent Creek Preserve Phase 1B, Application Number PL20170003312. X NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings Correspondence. e-mails Calls Ex parte Disclosure - Commissioner Andy Solis COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA December 12, 2017 16.A.19. 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. Recommendation to approve for recording the amended final plat of Bent Creek Preserve Phase 2A(Application Number PL20170001771) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. NO DISCLOSURE FOR THIS ITEM SEE FILE I !Meetings !Correspondence I le-mails Calls Ex parte Disclosure - Commissioner Andy Solis COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA December 12, 2017 SUMMARY AGENDA 17.A. 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. Recommendation to approve a rezone from a Rural Agricultural (A) zoning district to a Commercial Planned Unit Development (CPUD) zoning district for the project to be known as the L.oganilmmokalee CPUD, to allow a maximum of 100,000 square feet of gross leasable floor area for specific commercial uses, for property located on the southeast corner of Immokalee Road and Logan Boulevard, in Section 28, Township 48 South, Range 26 East, Collier County, Florida, consisting of 18.6± acres; and by providing an effective date [PL20160001089]. (This is a companion item to Agenda Item 17.B and Agenda Item 16.D.15) M NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings Correspondence e-mails ❑Calls 17.C. 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. Recommendation to approve an Ordinance amending Ordinance No. 2005-19, the Carolina Village Planned Unit Development by changing the name of the Planned Unit Development to Vanderbilt Commons PUD; by adding 50,000 square feet of gross leasable area for a total of 200,000 square feet of gross leasable area for commercial uses; by decreasing the maximum number of dwelling units from 64 to 58 dwelling units; by revising the legal description and reducing the acreage of the PUD from 15.88 acres to 14.49 acres; and providing an effective date. The subject property, consisting of 15.8+/- acres, is located on the north side of Vanderbilt Beach Road and approximately 1/4 mile east of Collier Boulevard in Section 34, Township 48 South, Range 26 East, Collier County, Florida [PUDA- PL20150002166]. (This is a companion to Agenda Item 17.D) X NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings ❑Correspondence ❑e-mails ❑Calls Ex parte Disclosure - Commissioner Andy Solis COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA December 12, 2017 17.E. 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. Recommendation to approve Ordinance Amending Ordinance No. 05-59, as amended, the Sabal Bay Mixed Use Planned Unit Development (MPUD), to approve an insubstantial change to the MPUD to add one new deviation relating to signage, and providing for an effective date. The subject property is located on the south side of Tamiami Trail East, approximately one quarter mile east of Thomasson Drive, in Section 19, Township 50 South, Range 26 East, Collier County, Florida, consisting of ±4.34 acres. [PDI-PL20170000247] X NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings Correspondence e-mails Calls 17.F. 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. Recommendation to affirm the decision of the Collier County Planning Commission and approve an Ordinance Amending Ordinance No. 03-23, as amended, the Livingston Village Planned Unit Development (PUD), to approve an insubstantial change to the PUD to modify provisions relating to street tree standards, and providing for an effective date. The subject property is located on the east side of Livingston Road, approximately one mile south of Pine Ridge Road, in Section 19, Township 49 South, Range 29 East, Collier County, Florida, consisting of±4.34 acres. [PDI-PL20160002748] XJ NO DISCLOSURE FOR THIS ITEM SEE FILE I 1Meetings Correspondence 1 le-mails Calls Ex parte Disclosure - Commissioner Andy Solis COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA December 12, 2017 17.H. 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. Recommendation to approve Petition VAC-PL20170000727 to disclaim, renounce and vacate the County and the Public interest in the 20-foot Utility Easement recorded in Official Record Book 2699, Page 2204 of the Public Records of Collier County, Florida. The subject property is located on the south side of Livingston Woods Lane, north of the intersection of Pine Ridge Road and Whippoorwill Lane, in Section 7, Township 49 South, Range 26 East, Collier County, Florida; and to accept a replacement county utility easement. X NO DISCLOSURE FOR THIS ITEM SEE FILE 1 iMeetings Correspondence e-mails Calls 17.1. 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. Recommendation to approve Petition VAC-PL20170003165, to disclaim, renounce and vacate the county and the public interest in the utility easement as described in Official Record Book 1148, Page 230 of the Public Records of Collier County, Florida. The subject property is located north of Fiddler's Creek Parkway, approximately two-thirds of a mile east of Collier Boulevard, in Section 15, Township 51 South, Range 26 East, Collier County, Florida. }X NO DISCLOSURE FOR THIS ITEM SEE FILE 1 1Meetings Correspondence e-mails Calls Ex parte Disclosure - Commissioner Andy Solis COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA December 12, 2017 17.J. 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. Recommendation to approve Petition VAC-PL20170002642 to vacate a portion of the 25-foot drainage easement located on Lot 15, Nature Pointe, as recorded in Plat Book 20, Pages 20 through 22, of the public records of Collier County, Florida. The subject property is located on the west side of Gordon River Lane, on the east side of the Golden Gate Canal, in Section 35, Township 49 South, Range 25 East, Collier County, Florida. X NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings I 'Correspondence e-mails Calls 17.K. 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. Recommendation to approve Petition VAC-PL20170002997 to disclaim, renounce and vacate the County and the public interest in the Raw Water Well Easement, located in Tract F of Heritage Bay Vistas Subdivision, Plat Book 50, Page 33 of the Public Records of Collier County, Florida. The subject property is located on the north side of Bellaire Bay Drive, approximately one third mile east of the Immokalee Road and Collier Boulevard intersection, in Section 23, Township 48 South, Range 26 East, Collier County, Florida, and to accept a replacement utility easement. }{ NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings Correspondence e-mails Calls Ex parte Disclosure - Commissioner Andy Solis COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA December 12, 2017 17.N. 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. Recommendation to approve a Resolution designating the Visitor Center, a former hunting lodge, as a historically significant structure. The subject structure is known as the Pepper Ranch Visitor Center within the greater Pepper Ranch preserve area of 2,512+ acres and is located south of Trafford Oaks Road in Immokalee in Sections 26 and 35, Township 46 South, Range 28 East, Collier County, Florida [HD-PL20160000438]. EX NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings Correspondence e-mails Calls FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE Solis, Andrew I. Collier County Board of County Commissioners MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 3299 East Tamiami Trail, Suite 300 WHICH I SERVE ISA UNIT OF: CITY COUNTY ❑CITY UfCOUNTY ❑OTHER LOCAL AGENCY Naples Collier NAME OF POLITICAL SUBDIVISION: Collier County DATE ON WHICH VOTE OCCURRED MY POSITION IS: December 12, 2017 d ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 8B 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 to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, 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 close attention to the instructions on this form before completing 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 would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a 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 redevelopment agencies(CRAB) under Sec. 163.356 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, son-in-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 minutes 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 are not prohibited by Section 112.3143 from otherwise participating 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 page 2) CE FORM 8B-EFF.11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • 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 DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • 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 provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST Andrew I. Solishereby disclose that on December 12 20 17 (a)A measure came or will come before my agency which(check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, ; inured to the special gain or loss of my relative, ; X inured to the special gain or loss of a client of my law firm by whom I am retained; or inured to the special gain or loss of , which is the parent subsidiary, or sibling 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: On December 12, 2017, Item 16-A-6, the Board will consider a recommendation to approve final acceptance and unconditional conveyance of the potable water and sewer utility facilities for Montiano, PL20160000741, and to authorize the County Manager, or his designee, to release the Final Obligation Bond in the total amount of $4,000 to the Project Engineer or the Developer's designated agent. The applicant, WCI Communities, LLC, is a client of my law firm, and in the abundance of caution, I will abstain from voting pursuant to Section 286.012, Fla. Stat.,to avoid any perceived prejudice or bias. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. /j7 December 12, 2017 Date Filed ignature 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 8B-EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE Solis, Andrew I. Collier County Board of County Commissioners MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 3299 East Tamiami Trail, Suite 300 WHICH I SERVE ISA UNIT OF: CITY COUNTY ❑CITY gCOUNTY ❑OTHER LOCAL AGENCY Naples Collier NAME OF POLITICAL SUBDIVISION: Collier County DATE ON WHICH VOTE OCCURRED MY POSITION IS: December 12, 2017 d ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 8B 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 to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, 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 close attention to the instructions on this form before completing 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 would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a 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 redevelopment agencies(CRAS) under Sec. 163.356 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, son-in-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 minutes 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 are not prohibited by Section 112.3143 from otherwise participating 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 page 2) CE FORM 8B-EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • 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 DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • 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 provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST Andrew I. Solishereby disclose that on December 12 20 17 (a)A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, ; inured to the special gain or loss of my relative, X inured to the special gain or loss of a client of my law firm by whom I am retained; or inured to the special gain or loss of , which is the parent subsidiary, or sibling 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: On December 12, 2017, Item 16-A-9, the Board will consider a recommendation to approve final acceptance and unconditional conveyance of the potable water and sewer utility facilities for Raffia Preserve Phase 2, PL20140002068. The applicant, WCI Communities, LLC, is a client of my law firm, and in the abundance of caution, I will abstain from voting pursuant to Section 286.012, Fla. Stat., to avoid any perceived prejudice or bias. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. December 12, 2017 Date Filed Sig - re 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 8B-EFF.11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C.