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Agenda 05/27/2025 Item #17B (Ordinance - creating the Immokalee Community Redevelopment Advisory Board to replace the CRA-created Immokalee Local Redevelopment Advisory Board and the Immokalee Beautification Advisory Committee)5/27/2025 Item # 17.B ID# 2025-1448 Executive Summary Recommendation that the Board of County Commissioners adopt an Ordinance creating the Immokalee Community Redevelopment Advisory Board to replace the CRA-created Immokalee Local Redevelopment Advisory Board and the Immokalee Beautification Advisory Committee and repeal Ordinance No. 22-52. (Companion Item to 16.L.1) OBJECTIVE: To enhance community representation and streamline organizational structure within the Immokalee Community by merging advisory boards for improved efficiency while maintaining distinct funding structures. CONSIDERATIONS: The Board desires to merge the CRA-created Immokalee Local Redevelopment Advisory Board and the Immokalee Beautification Advisory Committee into a single unified advisory committee, to advise the Board and/or CRA on matters pertaining to both the MSTU and the Immokalee Community Redevelopment Area. The purpose of the Immokalee Committee Redevelopment Advisory Board (the “Committee”) is to serve as the primary source of community input to the CRA and Board regarding the Immokalee Community Redevelopment Area and MSTU, and to make recommendations to the CRA and Board to further the goals of the Immokalee Community Redevelopment Area component of the Collier County Community Redevelopment Area Plan and MSTU. The membership of the Committee will be as follows: (1) Two voting members shall be permanent residents within the Immokalee Community Redevelopment Area and electors of Collier County. (2) Two voting members shall be an owner or appointed representative of a business or commercial property within the Immokalee Community Redevelopment Area. (3) One voting member shall be an owner or appointed representative of a non-profit entity owning property and operating within the Immokalee Community Redevelopment Area. (4) One voting member shall be a permanent resident within the MSTU and elector of Collier County. (5) Three voting members shall be at-large members who are either permanent residents within the Immokalee Community Redevelopment Area or an owner of a business or commercial property within the Immokalee Community Redevelopment Area or an owner or appointed representative of a non-profit entity owning property and operating with Immokalee Community Redevelopment Area. (6) Two non-voting members shall be at-large members who are either permanent residents within the Immokalee Community Redevelopment Area or an owner of a business or commercial property within the Immokalee Community Redevelopment Area or an owner or appointed representative of a non-profit entity owning property and operating with Immokalee Community Redevelopment Area. As a result of this restructuring the terms will be as follows: The initial terms of office of the Committee members shall be as follows: (1) Three voting members shall serve an initial term of two years. (2) Three voting members shall serve an initial term of three years. (3) Three voting members shall serve an initial term of four years. (4) Two non-voting members shall serve an initial term of four years. Thereafter, each appointment or re-appointment shall be for a term of four (4) years. Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired term of office. The board merger supports the Collier County Strategic Plan by enhancing community representation and streamlining the organizational structure within the Immokalee Community. This approach improves operational efficiency while preserving distinct funding mechanisms, aligning with the county’s goal of effective governance and resource management. FISCAL IMPACT: There is no fiscal impact associated with this item. The primary sources of funding for the Immokalee Community Redevelopment Area are ad valorem tax increment financing (TIF) transfers from General Fund (0001) and Unincorporated Area General Fund (1011). The primary funding source for the Immokalee Beautification MSTU is ad valorem revenues. Page 7395 of 7924 5/27/2025 Item # 17.B ID# 2025-1448 GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board approval. (HFAC) RECOMMENDATIONS: That the Board of County Commissioners approve an Ordinance creating the Immokalee Community Redevelopment Advisory Board to replace the CRA-created Immokalee Local Redevelopment Advisory Board and the Immokalee Beautification Advisory Committee and repeal Ordinance No. 22-52. PREPARED BY: Christie Betancourt, CRA Assistant Division Director ATTACHMENTS: 1. Ordinance - Immokalee New Board - Boards Merger 2. Business Impact Estimate - agenda ID 25-1448 - Immokalee CRA Board Merger - 5-27-25 BCC 3. legal ad - agenda ID 25-1448 - merge Immokalee advisory boards - 5.27.25 BCC Page 7396 of 7924 [24‐CRA‐00605/1935269/1]83 1 5-1-25 ORDINANCE NO. 2025 - _____ AN ORDINANCE CREATING THE IMMOKALEE COMMUNITY REDEVELOPMENT ADVISORY BOARD; PROVIDING FOR THE FUNCTIONS, POWERS AND DUTIES OF THE ADVISORY BOARD; PROVIDING FOR APPOINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR REMOVAL FROM OFFICE; PROVIDING FOR OFFICERS, QUORUM, AND RULES OF PROCEDURE; PROVIDING FOR REIMBURSEMENT OF EXPENSES; PROVIDING FOR SEPARATION OF MSTU AND CRA ACCOUNTS; PROVIDING FOR REPEAL OF ORDINANCE NO. 02-52, AS AMENDED, WHICH CREATED THE IMMOKALEE BEAUTIFICATION ADVISORY BOARD, PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County Ordinance No. 2002-52, as amended, established the Immokalee Beautification Advisory Committee to advise the Board on matters pertaining to the Immokalee Beautification Municipal Service Taxing Unit (MSTU); and WHEREAS, Collier County Resolution No. 2001-98 established the Immokalee Local Redevelopment Advisory Board to advise the Board and the Collier County Community Redevelopment Agency (CRA) on matters pertaining to the Immokalee Community Redevelopment Area as identified by Resolution No. 2000-82; and WHEREAS, the Board of County Commissioners (Board) desires to merge these two committees into a single unified advisory committee, to advise the Board and/or CRA on matters pertaining to both the MSTU and the Immokalee Community Redevelopment Area. NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Establishment of the Immokalee Community Redevelopment Advisory Board. The Board of County Commissioners hereby establishes the Immokalee Community Redevelopment Advisory Board (the “Committee”). The purpose of the Committee is to serve as the primary source of community input to the CRA and Board regarding the Immokalee Page 7397 of 7924 [24‐CRA‐00605/1935269/1]83 2 5-1-25 Community Redevelopment Area and MSTU, and to make recommendations to the CRA and Board to further the goals of the Immokalee Community Redevelopment Area component of the Collier County Community Redevelopment Area Plan and MSTU. SECTION TWO: Functions, Powers and Duties of the Committee. The function, powers and duties of the Committee shall be as follows: A. To aid and assist the Board of County Commissioners in carrying out the purposes of providing landscape beautification as set forth in Collier County Ordinance No. 92-40, as it may be amended from time to time. B. To prepare and recommend to the Board of County Commissioners an itemized budget of the amount of money required to carry out the business of the MSTU for the next fiscal year. In carrying out this responsibility, the Committee shall, no later than April 1 of each year, meet with the County Administrator or his designee and outline to the County Administrator or his designee those projects which the Committee wishes to see accomplished during the next fiscal year. Based upon this information, the County Administrator or his designee shall prepare a proposed budget for the Municipal Service Taxing Unit, in accordance with the standard County guidelines regarding the preparation of budgets. This proposed budget shall then be reviewed by the Committee and upon approval by the Committee be transmitted through the County Administrator or his designee to the Board of County Commissioners for adoption in accordance with the procedures for the adoption of budgets set forth under general law and the Board of County Commissioners' policy. Should the Committee fail to approve a budget by June 1 of each year, the County Administrator or his designee shall be authorized to submit a proposed budget to the Board of County Commissioners. C. To recommend MSTU work programs and priorities to the County Administrator or his designee in accordance with the adopted budget or budget amendments which may be adopted by the Board of County Commissioners. The execution of work programs shall be under the direct supervision and responsibility of the County Administrator or his designee. Said work may be performed under contract (in accordance with law) or by County workforce. Upon Board direction, following approval of the Collier County Community Redevelopment Agency, the designee may be the Executive Director of the Immokalee Community Redevelopment Agency, who may employ staff to help carry out the duties set forth below. Page 7398 of 7924 [24‐CRA‐00605/1935269/1]83 3 5-1-25 D. To review the Immokalee Community Redevelopment Area component of the Collier County Community Redevelopment Plan and when necessary recommend to the CRA any changes to the Plan. E. To develop plans and budgets including expected personnel costs to realize the goals of the Immokalee Community Redevelopment Area component of the Collier County Community Redevelopment Plan including developing an annual work program, identifying project priorities, identifying appropriate capital expenditures, and developing incentives to further the redevelopment efforts and recommendations to the CRA on CRA Plan implementation, including developing an annual work program, setting project priorities and developing incentives to further the redevelopment efforts and carry out and effectuate the purposes and provisions of Part III, Chapter 163, Florida Statutes, the Community Redevelopment Act to be reviewed and approved by the CRA prior to each fiscal year. F. Consistent with the plans and budgets approved by the CRA, identify and employ or retain by contract such staff, personnel, technical experts, legal counsel, and other such agents and employees, permanent or temporary, as it requires, and determine their qualifications and duties. The Advisory Board may request and recommend contracts either with the County or with other persons, firms and individuals to provide services for and on behalf of the CRA. G. To receive input from members of the public interested in redevelopment of the Immokalee Community Redevelopment Area and beautification of Immokalee through MSTU projects, and to report such information to the CRA. H. To maintain general oversight of all CRA activities, acquisitions, or other undertakings consistent with the power and authority delineated in Part III, Chapter 163 Florida Statutes that may further the interests of the Immokalee Community Redevelopment Area and facilitate realization of the Redevelopment Plan. I. To perform other duties as directed by the Board or CRA. SECTION THREE: Appointment and Composition. The Committee shall be composed of nine voting members and two non-voting members. In keeping with Ordinance 01-55, as amended, the County Advisory Board Ordinance, members Page 7399 of 7924 [24‐CRA‐00605/1935269/1]83 4 5-1-25 of the Committee shall be appointed and serve at the pleasure of the Board of County Commissioners. The membership of the Committee will be as follows: (1)Two voting members shall be permanent residents within the Immokalee Community Redevelopment Area and electors of Collier County. (2)Two voting members shall be an owner or appointed representative of a business or commercial property within the Immokalee Community Redevelopment Area. (3)One voting member shall be an owner or appointed representative of a non-profit entity owning property and operating within the Immokalee Community Redevelopment Area. (4)One voting member shall be a permanent resident within the MSTU and elector of Collier County. (5)Three voting members shall be at-large members who are either permanent residents within the Immokalee Community Redevelopment Area or an owner of a business or commercial property within the Immokalee Community Redevelopment Area or an owner or appointed representative of a non-profit entity owning property and operating within Immokalee Community Redevelopment Area. (6)Two non-voting members shall be at-large members who are either permanent residents within the Immokalee Community Redevelopment Area or an owner of a business or commercial property within the Immokalee Community Redevelopment Area or an owner or appointed representative of a non-profit entity owning property and operating within Immokalee Community Redevelopment Area. SECTION FOUR: Terms of Office. The initial terms of office of the Committee members shall be as follows: (1)Three voting members shall serve an initial term of two years. (2)Three voting members shall serve an initial term of three years. (3)Three voting members shall serve an initial term of four years. (4)The non-voting members shall serve an initial term of four years. Thereafter, each appointment or re-appointment shall be for a term of four (4) years. Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired term of office. Page 7400 of 7924 [24‐CRA‐00605/1935269/1]83 5 5-1-25 SECTION FIVE: Removal from Office. Removal of members from the Committee shall be in accordance with the provisions of Collier County Ordinance No. 2001-55, as amended; however, any member of the Committee may be removed from the Committee, with or without cause, by a majority vote of the Board of County Commissioners. SECTION SIX: Officers; Quorum; Rules of Procedure. A.Annually the members of the Committee shall elect a chairman and vice chairman from among the members. Officers’ terms shall be for one (1) year with eligibility for re-election. B.The presence of five or more members shall constitute a quorum of the Committee necessary to take action and transact business. C.Initially, the CRA will approve By-laws of the Committee. Thereafter, the Committee shall, by majority vote of the entire membership, adopt rules of procedure or guidelines for the transaction of business and shall keep a written record of meetings, resolutions, findings and determinations. Any such rules of procedure or guidelines are subject to approval by the CRA. SECTION SEVEN: Reimbursement of Expenses. Members of the Committee shall serve without compensation but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. SECTION EIGHT: Separation of MSTU and CRA Accounts. MSTU funds will be in a Board of County Commissioners account. CRA funds will be in a CRA account. The MSTU fund account and CRA fund account shall at all times be separate accounts and not co-mingled. SECTION NINE: Repeal of Ordinance and Resolutions. Ordinance No. 02-52, as amended, which created the Immokalee Beautification Advisory Committee is hereby repealed. Page 7401 of 7924 6 5-1-25 SECTION TEN: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION ELEVEN: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or re- lettered to accomplish such, and the word “ordinance” may be changed to “section,” “article,” or any other appropriate word. SECTION TWELVE: Effective Date. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _______ day of _______________________, 2025. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: _________________________ By: _______________________________ , Deputy Clerk Burt L. Saunders, Chairman Approved as to form and legality: ______________________________ Heidi Ashton-Cicko Managing Assistant County Attorney [24‐CRA‐00605/1935269/1]83 Page 7402 of 7924 1 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the County’s website by the time notice of the proposed ordinance is published. Published on County website by: May 7, 2025 Proposed ordinance’s Short Title: Creating the Immokalee Community Redevelopment Advisory Board to replace the CRA-created Immokalee Local Redevelopment Advisory Board and the Immokalee Beautification Advisory Committee and repeal Ordinance No. 22-52. This Business Impact Estimate is provided in accordance with section 125.66(3), Florida Statutes. If one or more boxes are checked below, this means the County is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the County is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the county government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: 1 See Section 125.66(3)(c), Florida Statutes. Page 7403 of 7924 2 a. Development orders and development permits, as those terms are defined in Section 163.3164, and development agreements, as authorized by the Florida Local Government Development Agreement Act under Sections 163-3220- 163.3243; b. Comprehensive Plan amendments and land development regulation amendments initiated by application by a private party other than Collier County; c. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the County hereby publishes the following information: 1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): The purpose of the Immokalee Committee Redevelopment Advisory Board (the “Committee”) is to serve as the primary source of community input to the CRA and Board regarding the Immokalee Community Redevelopment Area and MSTU, and to make recommendations to the CRA and Board to further the goals of the Immokalee Community Redevelopment Area component of the Collier County Community Redevelopment Area Plan and MSTU. The Board desires to merge the CRA-created Immokalee Local Redevelopment Advisory Board and the Immokalee Beautification Municipal Service Taxing Unit (MSTU) Advisory Committee into a single unified advisory board, to advise the Board and/or CRA on matters pertaining to both the MSTU and the Immokalee Community Redevelopment Area. The board merger supports the Collier County Strategic Plan by enhancing community representation and streamlining the organizational structure within the Immokalee Community. This approach improves operational efficiency while preserving distinct funding mechanisms, aligning with the county’s goal of effective governance and resource management. 2. An estimate of the direct economic impact of the proposed ordinance on private, for- profit businesses in the County, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur; (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible; and (c) An estimate of the County’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. None. Page 7404 of 7924 3 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: None. 4. Additional information the governing body deems useful (if any): [You may wish to include in this section the methodology or data used to prepare the Business Impact Estimate. For example: County staff solicited comments from businesses in the County as to the potential impact of the proposed ordinance by contacting the chamber of commerce, social media posting, direct mail or direct email, posting on County website, public workshop, etc. You may also wish to include efforts made to reduce the potential fiscal impact on businesses. You may also wish to state here that the proposed ordinance is a generally applicable ordinance that applies to all persons similarly situated (individuals as well as businesses) and, therefore, the proposed ordinance does not affect only businesses.] None. Page 7405 of 7924 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners commencing at 9:00 a.m. on May 27, 2025, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL, to consider: AN ORDINANCE CREATING THE IMMOKALEE COMMUNITY REDEVELOPMENT ADVISORY BOARD; PROVIDING FOR THE FUNCTIONS, POWERS AND DUTIES OF THE ADVISORY BOARD; PROVIDING FOR APPOINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR REMOVAL FROM OFFICE; PROVIDING FOR OFFICERS, QUORUM, AND RULES OF PROCEDURE; PROVIDING FOR REIMBURSEMENT OF EXPENSES; PROVIDING FOR SEPARATION OF MSTU AND CRA ACCOUNTS; PROVIDING FOR REPEAL OF ORDINANCE NO. 02- 52, AS AMENDED, WHICH CREATED THE IMMOKALEE BEAUTIFICATION ADVISORY BOARD, PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of 7 days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user’s risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BURT L. SAUNDERS, CHAIRMAN Page 7406 of 7924