Immokalee CRA Minutes 11/16/2022When County Community Redevelopment Agency
IMMOKALEE CRA
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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.).
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MSTU Advisory Committee Members Present via Zoom: N
None `"
MSTU Advisory Committee Members Absent/Excused:
Norma Garcia.
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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.
Others Present via Zoom:
Reggie Wilson, Omar Deleon, David Dowling, Alexand Showalts, Jonathan Martinez, and Lincoln Price. E
Staff Present in Person: Debrah Forester, Christie Betancourt, Yvonne Blair, and Yuridia Zaragoza.
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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.
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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. Approval of Consent Agenda
1. Minutes a
i. Joint CRA & MSTU Advisory Board Meeting for October 26, 2022 (Enclosure 1)
2. Budget Reports (Enclosure 2) d
3. Code Enforcement Report (Enclosure 3) c
4. Staff Reports E
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i. Operations Manager Report (Enclosure 4)
ii. Project Manager Report (Enclosure 5) o
iii. Project Observation Field Report (Enclosure 6) N
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CRA Action: cNo
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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.
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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.
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G. Announcements.
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1. Public Comments speaker slips
CRA Staff reiterated the public 3-minute speaker slip policy. The board will give more time if they a
feel it necessary.
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.
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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.
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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
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
a high level of architectural standards.
CRA Action:
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
a. Maintenance Report & Schedule (Enclosure 10)
Staff provided Enclosure 10 which is A&M maintenance reports, incidental invoice,
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.
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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.
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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.
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• 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.
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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
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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 E
to do so by Monday, November 28, 2022. 0
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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.
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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.
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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.
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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
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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.
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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)
24.A.3
Enclosure 1
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Immokalee Community Academy
Safety and Security
November 16, 2022
Why Now? A Critical
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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.
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24.A.3
Enclosure 1
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MAIN STREET (State Route 29)
CORRIDOR STREETSCAPE IMPROVEMENT
PROJECT:
101 ME O
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
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 19
Construction Plans
Permitting
Bidding
Construction Implementation
Oversight
Scope of Work:
Enclosure 1 24.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: J1.
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Enclosure 1 24.A.3
Bate a Pedestrian Friendly Streetscane
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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:• •
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:
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)
.�Discussion:
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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)
2nd Final Concept Review February 15
2023 (gam - 11:30 am)
Next Step:
24.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.
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24.A.3
Collier County Community Redevelopment Agency
IMMOKALEE CRA
i The Place to Call Home!
Certification of Minutes Approval Form
Prepared by:
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Christie Betancourt, Operations Manager
Immokalee Community Redevelopment Agency
Approved by:
Patricia "Anne" Goodnight, Chairman
The Minutes for the November 16, 2022, CRA Advisory Board was approved by the CRA
Advisory Board on December 14, 2022, as presented.
The next meeting will be a CRA Advisory Board meeting and will be held on January 18, 2023, at
9:00 A.M. at CareerSource SWFL.
All meetings will be publicly noticed in the W. Harmon Turner Building (Building F), posted at theLL
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 M
accordance with the American with Disabilities Act, persons needing assistance to participate in any E
of these proceedings should contact Christie Betancourt, Operations Manager, at least 48 hours E
before the meeting. The public should be advised that members of the CRA Advisory Board are also W
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, N
matters coming before the Advisory Board may come before one or more of the referenced Board N
and Committees from time to time. to
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