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Immokalee Beautification MSTU Minutes 11/16/2022When County Community Redevelopment Agency IMMOKALEE CRA 23.A.3 Enclosure The Race to Call Home! MINUTES Joint Meeting of the Collier County Community Redevelopment Agency Immokalee Local Redevelopment Advisory Board and the Immokalee MSTU Advisory Committee on November 16, 2022. The Advisory board members, staff, and public appeared virtually and in person. Hybrid Remote Public Meeting CareerSource 750 South 5th Street Immokalee, FL 34142 A. Call to Order. The meeting was called to order by Anne Goodnight, CRA Chair at 9:01 A.M. B. Pledge of Allegiance and Moment of Silence. Anne Goodnight led the Pledge of Allegiance and asked for a moment of silence. C. Roll Call and Announcement of a Quorum. Christie Betancourt opened roll call. A quorum was announced for the CRA board and the MSTU board. CRA Advisory Board Members Present in Person: Andrea Halman, Edward "Ski" Olesky, Estil Null, Mark Lemke, Michael "Mike" Facundo, Patricia "Anne" Goodnight, Jonathan Argueta, Yvar Pierre and Frank Nappo (10:26 a.m.). CRA Advisory Board Members Present via Zoom: None CRA Advisory Board Members Absent/Excused: None. MSTU Advisory Committee Members Present: David Turrubiartez Jr., Andrea Halman, Bernardo Barnhart (9:04 a.m.), Cherryle Thomas and Christina Guerrero (9:14 a.m.). N MSTU Advisory Committee Members Present via Zoom: N None MSTU Advisory Committee Members Absent/Excused: Norma Garcia. Others Present in Person:; Paul Cabral, Catherine Cardova, Silvia Puente, Walt Buchholtz, Amanda Martin, Jeff Nagle, Tyler Rubley, Jeana Ritter, Marlene Dimas, Megan Greer, Juana Brown, Victoria Peters, Clara Herrera, and Gilberto Tabares. N Others Present via Zoom: M Reggie Wilson, Omar Deleon, David Dowling, Alexand Showalts, Jonathan Martinez, and Lincoln Price. c as E Staff Present in Person: Debrah Forester, Christie Betancourt, Yvonne Blair, and Yuridia Zaragoza. r a D. Voting Privileges for Board Members via Zoom. We may have an MSTU board member join by zoom. MSTUAction: Ms. Cherryle Thomas made a motion to allow board members on zoom privileges. Ms. Andrea Halman seconded the motion and it passed by unanimous vote. 3-0. Packet Pg. 590 When County Community Redevelopment Agency IMMOKALEE CRA 23.A.3 Enclosure The Race to call Home! E. Approval of Agenda. Staff presented the agenda to the boards for approval. Staff announced changes to the agenda. Remove part of Enclosure 5 pertaining to South Park from the Consent Agenda and add to the regular agenda under J.l.i.b. Container at South Park. CRA Action Action: Mr. Jonathan Argueta made a motion to approve the agenda with added change to remove part of Enclosure 5 pertaining to South Park from the Consent Agenda and add to the regular agenda under J 1.i.b. Container at South Park. Mr. Ski Olesky seconded the motion and it passed by unanimous vote. 8-0. MSTUAction Action: Ms. Cherryle Thomas made a motion to approve the agenda with added change to remove part of Enclosure 5 pertaining to South Park from the Consent Agenda and add to the regular agenda under J.l.i.b. Container at South Park. Ms. Andrea Halman seconded the motion and it passed by unanimous vote. 3-0. F. Annroval of Consent Agenda a 1. Minutes i. Joint CRA & MSTU Advisory Board Meeting for October 26, 2022 (Enclosure 1) 2. Budget Reports (Enclosure 2) 3. Code Enforcement Report (Enclosure 3) c 4. Staff Reports E E i. Operations Manager Report (Enclosure 4) ii. Project Manager Report (Enclosure 5) o r iii. Project Observation Field Report (Enclosure 6) N N CRA Action: co Action: Ms. Andrea Halman made a motion to approve the ConsentAgenda as presented. Mr. Estil Null seconded the motion and itpassed by unanimous vote. 8-0. a� MSTUAction: Action Ms. Cherryle Thomas made a motion to approve the Consent Agenda as presented. Mr. Bernardo Barnhart seconded the motion and it passed by unanimous vote. 4-0. N M G. Announcements. tv 1. Public Comments speaker slips E CRA Staff reiterated the public 3-minute speaker slip policy. The board will give more time if they c feel it necessary. Q 2. Communications Folder Staff reviewed the communications folder with the board and members of the public. The folder contained the public notice for this joint meeting and community event flyers for upcoming events. Packet Pg. 591 When County Community Redevelopment Agency IMMOKALEE CRA 23.A.3 Enclosure The Race to call Home! 3. Community Meetings (Enclosure 7) Staff provided a copy of Enclosure 7 which is a copy of the upcoming community meetings. Staff read the upcoming community meetings and provided a brief on purpose of each meeting. Staff also announced that the Taskforce meeting was moved up a week to November 21, 2022 due to the Thanksgiving holiday. 4. Draft 2023 CRA & MSTU Public Meeting Calendar (Enclosure 8) Staff provided a copy of Enclosure 8 which is a copy of the 2023 public meeting calendar. No changes were requested. H. Other Agencies 1. Florida Department of Transportation (FDOT), Victoria Peters Ms. Victoria Peters provided FDOT updates. She said that the planned workshops will need to be rescheduled due to Hurricane Ian. Ms. Victoria mentioned that a public hearing will be held through December 12 —16 online, once she has the link, she intends to send it out to Immokalee CRA staff. A public meeting will be held that same week as well in Fort Myers at the FDOT building named SWALE to discuss future projects, link will also be provided. 2. Other Community Agencies Collier County Library, Silvia Puente, Branch Manager Ms. Puente provided updates for the Immokalee library and the new Homework Center. She handed out a program flyer which had dates and times for the new program. Ms. Puente mentioned that this information has been sent to surrounding public and charter schools. The grant for this Homework Center was given to both Immokalee and Golden Gate. We all would like for this center to be successful. Ms. Puente also mentioned that there are no volunteers, just the hired teachers. Collier County Public Schools, Marlene Dimas Ms. Dimas provided updates for Collier County Public Schools in the Immokalee area. Ms. Dimas mentioned that the Migrant Program has tutoring services. Ms. Dimas also provided updates on the educational bus; she went over the schedule for the upcoming month. Ms. Dimas is also proud to announce that they're the second education bus within the public schools in Florida. A friendly reminder mentioned is that the education bus is only open to all Students if they attend school. Collier County Office of Corporate Business Operations, Lincoln Price Mr. Lincoln Price provided updates on culinary connection day. An annual event to showcase members and associated members who have been working with the Immokalee Culinary Accelerator. Once a date has been determined he will send us the information. If there is any issue on displacement from Ian or other natural disasters, contact Mr. Lincoln Price. 3 a Packet Pg. 592 When County Community Redevelopment Agency IMMOKALEE CRA 23.A.3 Enclosure The Race to call Home! I. Community Presentations 1. Sunshine Law — Colleen Green Ms. Collen Green introduced herself and provided board a brief on Collier County Advisory Board in the Sunshine. She discussed Florida's Government in the Sunshine Law, Public Records, and Ethic Laws. *Presentation is attached to the minutes for the record 2. RCMA — Immokalee Community Academy (ICA) Ms. Juana Brown introduced herself and gave a brief background on RCMA's impact in the community. She is asking the CRA board for approval to replace existing fence along ICA 5 th Street playground's border with a taller and safer fence. An 8 foot aesthetically and visually attractive fence would replace the current 4-foot fence. The Collier County Sheriff's Department did a security review at ICA and determined that a higher fence would provide more safety for the school. Hardening the campus and provide a secure barrier to intruder's intent on entering the campus will provide safety for the school. This is currently possible by jumping the fence and has been attempted on two previous occasions. After much discussion board agreed to provide a letter of support for an 8-foot decorative fence to replace the current 4-foot fence. The advisory board passed a motion to support the Immokalee Community Academy proposed 5 decorative fence enhancements to the school located at 123 North 4th Street with a vote of 7-0 with one abstention by Mike Facundo. This improvement will enhance public safety while maintaining N a high level of architectural standards. N N CRA Action: r Action: Mr. Ski Olesky made a motion to provide a letter of support for RCMA PUD to allow for an 8ft decorative fence. Mr. Estil Null seconded the motion and it passed by unanimous vote. 7-0 with one abstention. Presentation is attached to the minutes for the record. J. Old Business. 1. Contractor Maintenance Report i. A&M Property Maintenance E a. Maintenance Report & Schedule (Enclosure 10) Staff provided Enclosure 10 which is A&M maintenance reports, incidental invoice, Q and upcoming schedule for work in the MSTU area. Staff provided brief updates for the beautification area. Staff will continue to coordinate with A&M regarding the maintenance of the beautification area. 4 Packet Pg. 593 When County Community Redevelopment Agency IMMOKALEE CR►4 23.A.3 Enclosure The Race to call Home! Staff said that November is a busy time with A&M they will be trimming trees, installing banners, and installing holiday decorations the week before the Thanksgiving holiday. ii. Container at South Immokalee Park — Status update (Enclosure 5) Staff reviewed Enclosure 5 which is background information for improvements to South Park located at 418 School Drive. The project includes survey, fencing, concrete access apron, site work, container relocation and painting of the container. They will relocate and extend existing 6' chain link fence south to the property boundary line as shown on the site plan. On January 10, 2022, emergency repairs were completed on the storage container to replace the floor. After discussion, the MSTU board instructed Staff look into raising the container 6" off the ground and add additional venting to decrease the condensation being created with the vent already in the container. On February 11, 2022, Staff was advised of P&R's plans to utilize the space and the need to relocate the container. P&R and Staff coordinated their efforts for site improvements. P&R posted a request for quotes in May 2022 for their fencing needs and incorporated the steps needed to relocate and raise the container. The description of work needed to relocate the container (8' X 40') to the SE corner of the property are to pour minimum 6" concrete slab and place container on new slab, pour an approach ramp to be flush with the container floor, add two solar powered exhaust fans and two louvers with insect protection, prime and paint (2 coats) container exterior with oil base paint, and the roof of container to be coated with waterproof material. The lowest bid was $48,765 for the combination of P&R and container work. This work is something that needs to be completed. Staff seeking support for MSTU's contribution up to $35,000 for the container portion of the improvements. Project to be funded under fund 162-162524. After much discussion MSTU board agreed to fund $35,000 for the improvements. MSTUAction: Action Ms. Andrea Halman made a motion to contribute $35,000 to Collier County Parks & Recreation for storage container improvements at South Park. Ms. Cheriyle Thomas seconded the motion and it passed by unanimous vote. 4-1. 2. Advisory Board i. Board Vacancies Staff announced that the MSTU board received one application for the current vacancy. Ms. Ana Estrella would like to be reappointed to the board. She is a resident and represents a non-profit operating in the MSTU. 5 r a Packet Pg. 594 When County Community Redevelopment Agency IMMOKALEE CR►4 23.A.3 Enclosure The Race to call Home! MSTU Action: Action Ms. Andrea Halman made a motion to reappoint Ana Estrella to the MSTU Board. Ms. Cherryle Thomas seconded the motion and it passed by unanimous vote. 5-0. 3. 9th Annual Christmas Tree Lighting (Enclosure 11) Staff provided board with Enclosure 11 which the draft program for the upcoming tree lighting event. 4. Memorial Bench Dedication at Zocalo Park (Enclosure 12) Staff provided board with Enclosure 12 which is the flyer for the upcoming bench dedication for Monica Ayala and Frank Leon. Event will be held at Zocalo park on Saturday, November 19, 2022 at 2:00 p.m. Everyone is welcomed to attend. 5. Main Street Corridor Streetscape Project i. Johnson Engineering —Public Meeting #1 (Enclosure 13) Mr. Jeffrey Nagle, RLA introduced himself, the Johnson Engineering team and gave an overview of the project parameters as well as the process of the Streetscape plan including conceptual design, construction plans, permitting, bidding, construction implementation and oversight. The project area consists of the back of sidewalk to curb line and the roadway median. Jeff also stated that the goal of the project was to create a pedestrian friendly streetscape. The following statements and questions were provided by Board members and public audience. • Will trees be shown on the final streetscape plan? • There is a service station across from the Friendship House that has a dip in the road as well as a steep drive up across the street, which makes it dangerous for bicyclists and tricyclists. • Board expressed preference for bicyclists to share the sidewalks with pedestrians instead of sharing the road. • The areas of 9th and Main have a problem with high accident rates with bike/pedestrians and that there is not enough room for bicyclists in this area. • Parallel parking is allowed in the Right of Way. • Preference to use landscape to reduce blight and crime and promote safety. • The community wants wider sidewalks, even if in intervals and to consider large families and different users such as bikes, trikes, wheelchairs and canes. Currently sidewalks are not wide enough for motorized wheelchairs. • The bump -outs, benches and doorways tend to cause loitering and congregation among the homeless population. • Phase the addition of benches in the Streetscape Plan. • Suggestion to screen blighted buildings by connecting lines to light poles to encourage vegetation/vine growth. • Safety was a concern previously addressed by FDOT. Preference to focus on aesthetics, such as how to keep dirt from empty lots from blowing onto the sidewalks. • Gum is frequently on the sidewalks and litter overflows the trashcans. • 3rd Street has a litteribox issue. The large boxes do not fit in the trash cans. • No recycling receptacles now but do consider for future design. a Packet Pg. 595 When County Community Redevelopment Agency IMMOKALEE CRA 23.A.3 Enclosure The Race to call Home! • Consider a road diet for angled parking. • Past improvements have not benefited Main Street and pedestrians. • Request for examples of Streetscape Plans in places like Immokalee. • Tractor Trailers have destroyed turn areas near 3rd & 4th. Even if the area is not designed for a larger turning radius, vehicles still use it and destroy signs, etc. • Preference for the area to be designed with pedestrians and users in mind, not vehicles. • Landscaping generally increases business revenue. • FDOT makes the decision for on -street parallel parking. If on -street parking is removed, it is hard to get back later. • Include "NO TRUCKS" signs to manage large truck traffic. • The off-street parking is not used currently. • Preference for more benches and areas for larger families to sit and eat in areas such as near Subway but avoiding areas such as the laundromat or gas stations. • Add shade to seating areas. • Decorative arms on light poles are used as pull -bars or exercise equipment. • Grassy landscape shrubbery looks nice even when pedestrians walk through them. • Main Street and 3rd area is maintained or mowed. • Encourage business owners to create agreements for County maintenance on landscape improved areas on private property. • Immokalee is a working population, and the sidewalks are active during later hours of the day/night. • Feral chicken issues include scratching, eggs attract rodents, and destruction of landscape and soil. The majority in attendance would like to focus on areas listed below. Listed below is in priority N order with # 1 being the top priority. Cli 1. Promote Downtown Revitalization 2. Emphasize Safety for Walking and Biking (ADA) 3. Provide Litter Abatement 4. Discourage Loitering 5. Suppress Existing Feral Chicken Population Comment forms were passed out and will be emailed to CRA list serve. Staff announced that comment forms can be emailed, mailed, or dropped off to the CRA office. Please make sure to do so by Monday, November 28, 2022. Darryl Richard, FDOT District Landscape Architect D1, is to be involved in the project. Next scheduled meetings are as follow: I" Concept Review — January 25, 2023 — 5:00 p.m. — 7:00 p.m. 2°d Final Concept Review — February 15, 2023 (9:00 a.m. — 11:30 a.m.) *Presentation is attached to the minutes for the record. a Packet Pg. 596 Col4f County Community Redevelopment Agency IMMOKALEE CRA 23.A.3 Enclosure i The Place le Coll Home! K. Citizens Comments. No citizens comment. L. Next Meeting Date. The next meeting will be a Joint CRA and MSTU meeting to be held on December 14, 2022, at 9:00 A.M. at CareerSource SWFL. M. Adj ournment. Meeting Adjourned @ 12:09 P.M. * Zoom Meeting chat is attached to the minutes for the record. N N CC Packet Pg. 597 Collier County Advisory Boards in the Sunshine Office of the County Attorney Jeffrey A. Klatzkow, County Attorney Florida's Government in the Sunshine Law Sunshine Law The Sunshine Law is "applicable to any gathering, whether formal or casual, of two or members of the same board or commission to discuss some matter on which foreseeable action will be taken by the public board or commission." Hough v. Stembridge, 278 So. 2d 288 (Fla. 3d DCA 1973). Overview of Presentation • A Discussion of Florida's Government in the Sunshine Law; • A Discussion of Public Records Law; and • Ethics Laws, both State and Local What is Florida's Govern men t-in-th e- Sunshine Law? tll Enacted in 1967 • Found in Chapter 286, Florida Statutes Establishes a basic right of access to most meetings of boards, commissions and other governing bodies of state and local governmental agencies or authorities IM The Sunshine Law applies to all advisory boards and all of the advisory board's subcommittees. 0 The Sunshine Law applies when two or more members of a board or subcommittee discuss a matter that may foreseeably come before the board or subcommittee. The Three Basic Requirements of the Sunshine Law, § 286.011, Florida Statutes ® Meetings of public boards, commissions or committees ("boards") must be open to the public. Reasonable notice of such meetings must be tg ae himMinutes of the meeting must be taken. Reasonable notice of such meetings must be given. The public must be given reasonable and timely notice so they can decide whether to attend. What is "reasonable" or "timely" depends on the circumstance. It does not necessarily require a newspaper advertisement; contact the County Attorney's Office for guidance. Subcommittee Issues A subcommittee is a subordinate committee chosen from among the members of a main committee to carry out special assignments. All members of a subcommittee must be members of the Advisory Board. All subcommittees are Sunshine Committees, and must adhere to all of the requirements of the Sunshine Law. Meetings Must be Open to the Public The public must be allowed to attend meetings, and the location: 0 Must be accessible ♦ Sufficient size for turnout i Facility cannot discriminate based on age, race, etc. 0 Public access not unreasonably restricted 0 Be within Collier County with few exceptions 0 The public shall be given a reasonable opportunity to be heard on a proposition before a board or commission. Board may establish policies to maintain orderly conduct and decorum. May establish time limits. Minutes of the meeting are required. Written minutes must be taken and made available promptly. 0 Sound recordings may also be used, but only in addition to written minutes. ♦ Minutes may be a brief summary of meeting's events. 0 Minutes are public records. 0 Minutes must record the votes. f Advisory Board Members Must strictly adhere to all aspects of the Sunshine Law. ➢ No pre or post meeting discussions; ➢ No private conversations on the dais; ➢ Avoid texting on the dais; ➢ May not use non-members as liaisons between board members; ➢ Avoid the appearance of impropriety. The Sunshine Law applies to Written Correspondence A board member may send documents on matters coming before the board for official action to other board members, PROVIDED there are no responses from, or interaction related to documents among, the board members prior to the public meeting. The written correspondence becomes a public record. -Recommend use of staff liaison. II -Two way communication must be done in the Sunshine. 7 Does the Sunshine Law apply to a meeting between one County Commissioner and a private citizen? No, the Sunshine Law only applies to certain discussions between two members of the same board. Inspection Trips Members of an advisory board may conduct inspection trips (limited basis). • All requirements of the Sunshine Law must be met, as fact finding exemption does not apply to a board with "ultimate decision -making authority." See Finch v. Seminole County School Board, 995 So. 2d 1068 (Fla. 5th DCA 2008). • To avoid Sunshine issues, if you wish to conduct an inspection, do so outside the company of a fellow board member. FAQs ■ Are two members of the same Advisory Board or Board of County Commissioners allowed to attend the same social event or civic function, like a Chamber of Commerce meeting? ■ Social events and other community events are of course permissible. Advisory Board members must be aware not to discuss any matter that may be discussed at their advisory board meetings. Validity of Action Taken in Violation of The Sunshine Law/Subsequent Corrective Action • Section 286.011, F.S., provides that no resolution, rule, regulation or formal action shall be considered binding except as taken or made at an open meeting. • Recognizing that the Sunshine Law should be construed so as to frustrate all evasive devices, the courts have held that action taken in violation of the law is void ab initio (from the beginning). • Within limitations, some case law exists holding that Sunshine Law violations can be cured by independent, final action taken completely in the Sunshine. What are the Consequences if a Public Board or Commission Fails to Comply with the Sunshine Law? Criminal Penalties: • It is a second degree misdemeanor to knowingly violate the Sunshine lacy. • Punishable with a fine of up to $500 and/or up to 60 days imprisonment. Other Penalties Include: ♦ Removal from position. II Payment of attorney's fees incurred by the challenging party, as well as declaratory and injunctive relief. PUBLIC RECORDS EJ Office of the County Attorney Jeffrey A. Klatzkow, County Attorney Public Records Law -4 Public Records include: All documents, paper, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of physical form or means of transmission made or received pursuant to law in connection with transaction of official business by the agency. (Chapter 1151, Florida Statutes) The Headlines We Don't WanLl "Judge Finds Marco Councilor Guilty of Sunshine Law Violation!!" Naples Daily News 2/7/09 "Planning Member's Lunch Clouds Florida in Sunshine LaW" Naples Daily News2n/07 Grand Jury OKs City Sunshine Law Investigation 7/12/07 Jacksonville News "A Times -Union Investigation Finds Evidence of Florida Sunshine Law Violations" Florida Times -union 6/14/07 The Definition of Public Records Open to Inspection to Any Person is Very Broad. r A public record encompasses all materials made or received by an agency in connection with of Licial business which are used to perpetuate, communicate or formalize knowledge, regardless of whether such materials are in final f form. Public Records Law applies to: -� Records developed by the Board, Board -Appointed Committees, and employees All Types of records including written communications, letters, notes and e- mails Numerous exemptions are identified in §119.07, Florida Statutes, and other statutes ADVISORY BOARD GUIDELINES FOR PUBLIC RECORDS AND EMAILS # While you are serving on an advisory board, correspondence and emails to or from anyone, on any computer (private or government owned), relating to County business is a public record. # Public records must be maintained pursuant to State guidelines. You may save them on the computer, a disk, or as a hard copy. If leaving your position on an advisory board, please provide a copy of all public records in your possession to the County Staff Liaison. # One-way communications by email should be directed to the County Staff Liaison. Pursuant to the Sunshine Law, no two-way communications between members (except during publicly noticed meetings) is permitted. # If you choose to communicate with members of the public concerning County business via email, please be aware that your name and email address, as well as the name and email address of the public person, becomes a public record. Public Records Requests Can be made verbally or in writing by anv person The Board, Committee, or Staff: g Has a "reasonable" time to respond g Can charge for the cost of retrieving records if the amount requested is voluminous ® Can charge 15 cents per page The Public Records Law does not require: ® The retention of records (this is covered by the State's records retention policy) ® The creation of records or the provision of records in the format requested p An explanation of the records * Collier County Resolution No. 2007-327 FAQs l . How does someone make a public records request? A public records request may be as formal as a written request or as informal as a telephone call with everything in between. 2. Ts the person making a public records request required to fill out an application or some other form? What Public Records are Exempt From Disclosure? Common exemptions are: Records prepared for litigation proceedings or in anticipation of legal proceedings I A Social Security numbers of employees and former employees 6 Sealed bids or proposals M Home addresses of current and former law enforcement officers including Code Enforcement Officers PENALTIES A violation of the Public Records Act carries both civil and criminal penalties! No. The important thing is to find out what records are being asked for, and to get a copy of those records to the requester within a reasonable time. 3. Who does this? If the request is simple and can easily be handled by your department, such as a copy of a permit that the requestor had filed, then it should be handled then and there. Any substantial requests should be forwarded to the Customer Relations Division. Your supervisor should assist you in this. Social Media and Florida's Sunshine and Public Records Laws Social Media Challenges Increased risk of running afoul of Florida's Government in the Sunshine and Public Records Laws. Social Media Activity is a Public Record... Regardless of the platform, if the post/tweet/image or other material otherwise meets the standards for a public record, • It is a public record, • It must be retained, and • It must be producible for inspection or copying if requested. Tools for Social Networking: Facebook Twitter Instant Messaging You Tube Instagram Florida's Public Records Laws Broad Definition ■ Florida Supreme Court (1980) ■ "All materials made or received by a city in connection with official business which are used to perpetuate, communicate or formalize knowledge." Social Media and Sunshine Advisory board members must not engage on social media in an exchange or discussion of any matter that might foreseeably come before the board for action... Period. (To engage in such an exchange is to violate the Sunshine Law.) The courts frown upon any communication activity between board members that appears to be an attempt to evade Sunshine Requirements. FAQs ■ Should 1 ever use my personal Social Media for County Business? ■ Never. There is a reason that the County gives you an email account. Use your County email or use the telephone. And never use your personal computer for County business unless you have logged onto the County network. The last thing you want is someone to subpoena your hard drive to search for public records. This will not suffice! �0`4, ash oCr/q, The Comment Trap Advisory board members must be wary of commenting on any social media platform about matters that foreseeably may come before the board for action. (The danger arises from the potential for two or more board members to exchange comments, intentionally or inadvertently.) Ethics Laws Office of the County Attorney Jeffrey A. Klatzkow, County Attorney Two Areas of Ethics Laws ■ State Law: Chapter 112 Code of Ethics for Public Officers and Employees. Applies to all advisory board members, elected officials, and County employees. ■ The County's Ethics Ordinance: Ord. No. 2003-53, as amended. Applies to all advisory board members, elected officials, and County employees. Unauthorized Gifts and Compensation Public officers or employees, local government attorneys, and their spouses and minor children are prohibited from accepting any compensation, payment, or thing of value when they know, or with exercise of reasonable care should know, that it is given to influence a vote or other official action. [Sec. 112.313(2), (4), Fla. Stat.] Misuse of Public Position Public officers and employees, and local government attorneys are prohibited from corruptly using or attempting to use their official positions or the resources thereof to obtain a special privilege or benefit for themselves or others. [Sec. 112.313(6), Fla. Stat.] Prohibited Business Relationships ■ 1. Doing Business With One's Agency ■ 2. Conflicting Employment or Contractual Relationship Unauthorized Compensation Public officers including Advisory Board members, and their spouses and minor children are prohibited from accepting any compensation, payment, or thing of value —when they know, or with the exercise of reasonable care should know, that it is given to influence a vote or other official action. [Sec. 112.313(4), Fla. Stat.] Disclosure or Use of Certain Information Public officers and employees and local government attorneys are prohibited from disclosing or using information not available to the public and obtained by reason of their public position for the personal benefit of themselves or others. [Sec. 112.313(8), Fla. Stat.] Doing Business With One's Agency ■ (a) A... public officer acting in an official capacity, is prohibited from purchasing, renting, or leasing any realty, goods, or services for his or her agency from a business entity in which the officer or employee or his or her spouse or child owns more than a 5% interest. [Sec. 112.313(3), Fla. Stat.] ■ (b) A public officer or employee, acting in a private capacity, also is prohibited from renting, leasing, or selling any realty, goods, or services to his or her own agency if the officer or employee is a state officer or employee, or, if he or she is an officer or employee of a political subdivision, to that subdivision or any of its agencies. [Sec. 112.313(3), Fla. Stat.] Conflicting Employment or Contractual Relationship ■ (a) A public officer or employee is prohibited from holding any employment or contract with any business entity or agency regulated by or doing business with his or her public agency. [Sec. 112.313(7), Fla. Stat.] ■ (b) A public officer or employee also is prohibited from holding any employment or having a contractual relationship which will pose a frequently recurring conflict between the official's private interests and public duties or which will impede the full and faithfid discharge of the official's public duties. [Sec. 112.313(7), Fla. Star.] ■ Can be waived in the case of Advisory Board Members by a two-thirds vote of the Board of County Commissioners (after disclosure on Commission Form 4A). Voting Conflicts of Interest ■ Exemptions may apply: ■ 1. Remote and speculative test "uncertainty at time of vote." ■ 2. Size of class test "unique gain or loss." Optional Abstention Provision ■ Section 286.012, Fla. Stat., provides that an advisory board member may abstain from voting on a matter when there is or appears to be a possible conflict of interest to avoid any perceived bias or prejudice. ■ The advisory board member is required to file Voting Conflict Form 8B when citing a potential conflict under this provision. Voting Conflicts of Interest Requires no County, municipal, or other Local Public Officer (including members of Board appointed committees) shall vote in an official capacity upon any measure which would inure to the special rp ivate gain or loss of themselves, any principal or entity by whom they are retained, other than an agency as defined in § 112.312(2), Fla. Stat., or to any relative or business associate. (Specific exemptions apply.) Requires that public officers, including members of advisory committees: V Must announce the nature of the conflict before the vote; abstain from voting; and file a memorandum of voting conflict. 9+ May not participate in the discussion without first disclosing the nature of their interest in the matter (either in writing prior to the meeting, or orally as soon as they become aware that a conflict exists). r May not participate in an attempt to influence the decision. Form 1 - Limited Financial Disclosure ■ Collier County Code Enforcement Board ■ Collier County Planning Commission ■ Collier County Water and Wastewater Authority Penalties Violation of Statute Includes a fine up to $10,000 and removal from office Collier County has a No Gift Policy Public officials including Advisory Board members are prohibited from accepting any gift or any other thing of monetary value from anyone that has an interest that may be substantially affected by the performance or non- performance of duties of a public official. Stricter than State Law. PENALTIES for violating County Ethics Ordinance County Ordinance Violations Carry Jail as Well as Fine Penalties Collier County Ethics Ordinance County Ethics Ordinance Limited Exceptions Apply! Gifts from relatives. Unsolicited advertising or promotional materials. Gifts for participation in a seminar. Award of nominal commercial value. r Food or beverage offered to all attendees at a conference or business meeting, up to $4. When in doubt, please ask! Better yet, just say no or pay for the food or beverage. FAQs ■ What are the most common violations of the County Ethics Ordinance? ■ Every year we get questions involving Christmas or holiday gifts. Gifts from the public, or those whom you do County business with, may not be accepted and must be returned. ■ Another common question asked is whether vendors may provide lunch or other snacks for a working meeting. ■ Under the County Ordinance, vendors may not provide anything of value to County employees or Advisory Board members and this would include lunch or snacks provided at a meeting. ■ Another question often asked is whether a citizen may bake a cake or bring a case of water to Advisory Board members. Pursuant to the County Ordinance, this is not allowed. ■ If you want, we will gladly give you a written legal opinion on what you can or cannot do. We cannot help you after -the -fact; when in doubt call us. DAS statutory exemptions examples: ■ Veterinary records received from a veterinarian, Sec. 474.2165, F.S. ■ Bite cards need to be reviewed for medical documentation for the victim and/or minor information. ■ ACO personal information (home address, telephone #, SS#, photos, medical) Sec. 119.071(4) ■ Rabies card provided by veterinarian ■ The County's Ethics Ordinance is very strict. If anyone tries to pay for your lunch, in connection with your County advisory board service, please say no thank you and pay for lunch! ■ With all that said, if you ever have any questions involving an Ethics issue please call us. We are not the "Ethics Police." We are here to help, and we will keep your question confidential (remember that emails are public records). When in Doubt, Call or Email Us! RCMA - Immokalee Community Academy Safety and Security- November 16, 2022 Agenda Item: 1.2. RCMA - Immokalee Community Academy (ICA) 23.A.3 Enclosure 1 RIC . .Y�fNINOi �tlORS f0 WPLM:l4Nl I ILS Immokalee Community Academy Safety and Security November 16, 2022 Why Now? A Critical J r f 1 •-: >� .� SCHOOL NJ One RCMA campus, 2 different addresses, and3buildings: 123 N. Ph St. • Immokalee Community School -Kto 8'h grade students, 336 students plus 72 teachers and staff • Community CDC Migrant Center— 52 children 6 weeks to age 5, plus 24 teachers 402 W. Main St. • Rollason Pre & Rollason Infant CDC (Building B & C( - 52 children from 6 weeks to age 5, plus 32 staff 402 W. Main St. • RCMA State Office - 69 employees Request: RCMA asks the CRAfor approval to replace existing fence along ICA 5th Street Playground's borderwith a taller and safer fence. An 8 foot aesthetically and visually attractive fence would replace the current 4 foot fence. Goal: SAFETY Harden the campus and provide a secure barrier to intruder's intent on entering the campus. This is currently possible byjumping the fence and has been attempted. on two previous occasions. Cpl. Lee Van Gelder tl0434 colllelo °"NLOP�Oi maB M: celY�.uv.��aa.�r-cml�e m�mvsnenxtoxice,comm��iryoae�reawli.i�gu�n xcr sa�rM aNi.w-xvnncn.rta sv, of. motel.. N N t0 Packet Pg. 6 23.A.3 Enclosure 1 VA 40� H 9 q L THANK YOU GRACIAS RA-1 10 Packet Pg. 610 MAIN STREET (State Route 29) CORRIDOR STREETSCAPE IMPROVEMENT PROJECT: `02 ENGINEERING Jeff Nagle, RLA: Project Manager Tyler Rubley: Landscape Designer Amanda Martin, AICP: Planner Kevin Nguyen, P.E.: Civil Engineer Josh Hildebrand, P.E: Transportation Engineer David Hyatt, LS: Surveyor John Curtis: Environmental Scientist FDOT Project Liaison: Darryl Richard, RLA Landscape Architect AwAil JOHNSON ENGINEERING, Inc. JOHNS N Staff: Debrah Forester: CRA Director Christie Betancourt: CRA Operations Manager Yvonne Blair: CRA Project Manager IMMOKALEE CRA Staff: Conceptual Design Construction Plans Permitting Bidding Construction Implementation Oversight Scope of Work: Enclosure 1 23.A.3 • X._ 4 1 m t A_ o o q o9projecta e a continuous and controlled accessible route within the Repair any damaged existing sidewalks & complete any accessibility gaps Encourage or discourage shared biking and walking networks. "Share the Road" bike signs may be appropriate Consider reducing the number of obstacles in the travel way of the sidewalk (trash receptacles, benches, light poles, street signs, etc.) that create accessibility conflicts Are the existing bicycle amenities (parking/storage) within or near the streetscape adequate and located properly? Discussion: 7A F ii E E Q Packet Pg. 612 Enclosure 1 23.A.3 Create a Pedestrian Friendly Streetscape Provide — Abatement: Provide aesthetic continuity in terms of design features and materials used Identify sources of litter pollution (vehicular, pedestrian, both) Support a clean and well -maintained streetscape Clearly identify appropriate litter receptacles for the location Install visual ques in sidewalks or provide signage for wayfinding (local Provide an adequate quantity of litter receptacles destinations) Strategically locate the placement of litter receptacles Consider offering incentives to local businesses for maintaining their building Provide appropriately signed or demarcated litter or recycling receptacles frontage streetscape (language, graphically, opening size, etc.) Consider alternative methods for litter control (compacting receptacles) Discussion:Discussion: Identify problematic areas (businesses, uses, locations) Identify appropriate locations and methods for encouraging short-term resting areas (benches) Strategically locate the placement of public long-term resting areas (bus stops) Consider design elements to achieve desired results Discussion: 4 Identify problematic areas (routine gathering locations) Identify what creates favorable conditions for the feral chicken habitat (food source, diet, habits) Consider design elements to discourage favorable habitat (food and cover) FDiscussion: Z . ,pit N N O N d N V d a m a E a Packet Pg. 613 Prioritize the Streetscape Needs (1 - 5) Discourage Loitering Emphasize Safety for Walking and Biking Suppress Existing Feral Chicken Pop Promote Downtown Revitalization Provide Litter Abatement Project Priorities: Thank You for Your Participation! M IMMBKALEE ,) j �+ CRA..�,.. ENGINEERING Use the Wish List to Develop the CONCEPTUAL DESIGN PLAN Next scheduled Meetings 1 st Concept Review January 25, 2023 (5pm - 7pm) ;J 2nd Final Concept Review February 15 2023 (gam - 11:30 am) Next Step: 23.A.3 Zoom Chat November 16, 2022 Joint CRA & MSTU Meeting 01:41:43 Yvonne Blair: Sorry, but I did not have the prior presentation. 01:53:05 Christie Betancourt: We can share all presentations. Please send a request. Packet Pg. 615 23.A.3 Collier County Community Redevelopment Agency IMMOKALEE CRA The Place to Calf Home! Certification of Minutes Approval Form repared by: I 1,6 Christie Betancourt, Operations Manager Immokalee Community Redevelopment Agency Approved by: Bernardo Baz art, Vice - Chairman The Minutes for the November 16, 2022, MSTU Advisory Committee Meeting were approved by the MSTU Advisory Committee on December 14, 2022, as presented. The next meeting will be a MSTU Advisory Board meeting and will be held on January 25, 2023, at 8:30 A.M. at CareerSource SWFL. All meetings will be publicly noticed in the W. Harmon Turner Building (Building F), posted at the Immokalee Public Library and provided to the County Public Information Department for distribution. Please call Christie Betancourt, at 239-867-0028 for additional information. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Christie Betancourt, Operations Manager, at least 48 hours before the meeting. The public should be advised that members of the CRA Advisory Board are also members of the other Boards and Committees, including, but not limited to: Immokalee MSTU Board, Immokalee Fire Commission, and the Collier County Housing Authority; etc. In this regard, matters coming before the Advisory Board may come before one or more of the referenced Board and Committees from time to time. Packet Pg. 616