Agenda 09/13/2011 Item #16D8Agenda Changes
Board of County Commissioners Meeting
September 13, 2011
MOVE ITEM 16D8 TO ITEM 10G: CONTINUED FROM THE JULY 26, 2011
MEETING. REQUEST BOARD OF COUNTY COMMISSIONERS REVIEW
AND APPROVE COUNTY ATTORNEY'S RECOMMENDATION TO WAIVE
ANY POTENTIAL ETHICS CONFLICT FOR A CODE ENFORCEMENT
BOARD MEMBER BASED ON CH. 112, FLORIDA STATUTES.
(COMMISSIONER COYLE'S REQUEST)
Continue Item 16A3 to the September 27, 2011 BCC Meeting: Recommendation to grant final
approval of the roadway (private) and drainage improvements for the final plat of Caldecott with
roadway and drainage improvements being privately maintained and authorizing release of the
maintenance security (Staff request due to a calculation error in the performance security)
Move Item 16A14 to Item 10J: PMC- PL2011 -872: Heavenly PUD — Notification of staff intent to
approve a minor amendment to the Heavenly PUD in accordance with LDC Section 10.02.13.E.6 and
8 to change location and type of plantings and revise buffer standards to reduce height of trees and
plantings due to site conditions and conflict with FPL lines, and allow payment in lieu of sidewalks
instead of construction of a sidewalk along Myrtle Road from North Trail Boulevard to the project
entrance. property located at 6926 Trail Boulevard, and comprises the entire block bounded by Ridge
Drive, West Street, Myrtle Road and Trail Boulevard in Section 3, Township 49 South, Range 25 East
Collier County, FL (Commissioner Hiller's request)
Move Item 16A16 to Item lOK: Recommendation to provide after the fact approval for submittal of a
State of Good Repair (SGR) Bus and Bus Facilities grant application, in the amount $11,335,290, to
the Federal Transit Administration (FTA) for construction of improvements at the Collier Area Transit
Administration and Maintenance Facility at 8300 Radio Road (Commissioner Hiller's request)
Move Item 16A19 to Item l OH: Recommendation to accept a Speed Limit Study Report and adopt a
Resolution of the Board of County Commissioners of Collier County, Florida, authorizing a speed
limit decrease from fifty -five miles per hour (55 mph) to fifty miles per hour (50 mph) on Collier
Boulevard from to Golden Gate Boulevard at a cost of approx.. $500. (Commissioner Fiala's request)
Withdraw Item 16A25: Recommendation to advertise an amendment to Ordinance No. 2009 -44,
Radio Road East of Santa Barbara Boulevard to Davis Boulevard Municipal Service Taxing Unit
(MSTU) Ordinance, to remove a sunset provision of six years and provide the MSTU be dissolved
upon recommendation by the MSTU Advisory Committee and approval by Board of County
Commissioners. (Staff request to coordinate with future MSTU Referendum question)
Move Item 16B2 to 13A: Continued from the May 10, 2011 BCC mtg. Recommendation to approve
a Resolution to petition Governor Scott to extend the "Rural Area of Critical Economic Concern"
designation awarded to Florida's Heartland Regional Economic Development Initiative, Inc. for
Withdraw Item 16C12: Recommendation to approve a requisite Memorandum of Agreement with
FDOT & Florida Department of Financial Services, Division of Treasury, to establish an interest
bearing escrow account for funds required to relocate County Water -Sewer District -owned
underground utility lines to accommodate widening State Road 84 between Santa Barbara Boulevard
and Radio Road. (County Attorney's request)
Move Item 16D5 to Item 10I: Recommendation to waive boarding fees in the amount of $16,400
associated with kenneling two declared dangerous dogs, in exchange for dismissal of a pending
dangerous dog appeal, and in order for the dogs to be reunited with the owners, who currently live out -
of- county. (Commissioner Coletta's request)
Continue Item 16E13 to the September 27, 2011 Meeting: Recommendation to establish standards
and criteria for use of Peer Reviews of designs for major capital projects. (Staff request)
Move Item 16H3 to Item 9H: Authorize the Chairman to sign a letter of concurrency for the Florida
Department of Children and Families for a State of FL Refugee Services Targeted Assistance Grant
Program and utilize funds in the County through Catholic Charities (Commissioner Fiala's request)
Move Item 16K2 to Item I IA: Request authorization to advertise and bring back for future
consideration ordinances which repeal or amend certain Collier County ordinances relating to the
regulation of firearms and ammunition in order to comply with recent amendments to Section 790.33,
Florida Statutes which preempts all such regulatory powers to the State of Florida effective October 1
2011, and that following such future public hearing the Board considers referring two Special Acts
dealing with firearms to the Legislative Delegation, with a request the Legislature review them for
possible repeal. (Commissioner Hiller's request)
Continue Item 16K6 to the October 11, 2011 BCC Meetinir Recommendation that the Board
consider the withdrawal of the designation of the Stewardship Sending Area known as Half Circle L
Ranch Partnership ( "HCLRP ") SSA #8 and the termination of the Stewardship Sending Area Credit
Agreement and the Stewardship Easement Agreement, and the canceling of the Stewardship credits
generated by the designation of said Stewardship Sending Area. (County Attorney's request)
Note:
Item 8C does not require that ex parte disclosure be provided by Commission members as stated in the
agenda title. Also, Items 8B and 8C are companion items; Item 8C will be heard before 8B.
Item 16A20 "Recommendation" portion of the Executive Summary should read: That the Board of
County Commissioners accept the Traffic Speed Limit Study and adopt the Resolution deer-easing
increasing the speed limit on a designated section of Pine Ridge Road, authorize Chairman to execute
the Resolution, and authorize County Manager to erect and remove appropriate traffic control signs.
(Commissioner Fiala's request)
Item 16A21 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.
9/13/2011 Item 16.D.8.
EXECUTIVE SUN WARY
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 County 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. Kelly resigned from the AHAC 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 agency which is subject to the regulation of, or is doing
business with, an agency 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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9/13/2011 Item 16.D.8.
a continuing or frequently 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. If 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 Attorney'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 parte disclosure is not
�1 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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9/13/2011 Item 16.D.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.8:
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
6/29/20114:25:01 PM
Submitted by
Title: Manager, Housing, Human and Veteran Services
Name: RamseyFrank
6/29/20114-25:03 PM
Approved By
Name: AlonsoHailey
Title: Administrative Assistant,Domestic Animal Services
Date: 6/30/20119:46:13 AM
Name: KrumbineMarcy
Title: Director - Housing & Human Services,Housing, Human & Veteran Services
Date: 7/1/201110 :26:12 AM
Name: RamseyMarla
Title: Administrator, Public Services
Date: 7/5/20119:33:53 AM
Name: GreeneColleen
Title: Assistant County Attomey,County Attorney
Date: 7/5/2011 10 :42:54 AM
�1
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9/13/2011 Item 16.D.8.
Name: KlatzkowJeff
Title: County Attorney,
Date: 7/15/20114:03:29 PM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Management & Budget
Date: 7/18/20112:20:06 PM
Name: PriceLen
Title: Administrator - Administrative Services,
Date: 7/18/2011 10:57 :30 PM
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