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HAAB Backup 04/02/1992 RBackup Hispanic Affairs Advisory Board Meeting April 2, 1992 MEETING HISPANIC AFFAIRS ADVISORY BOARD THURSDAY, APRIL 2, 1992 AT 6:30 P.M. BUILDING F, THIRD FLOOR BOARDROOM, EAST SECTION t.Tdalullhl I. APPROVAL OF AGENDA AND MINUTES II. CHAIRMAN'S REPORT III. STAFF REPORT IV. DISCUSSION WITH TOM WHITECOTTON, HUMAN RESOURCES DIRECTOR V. SUBCOMMITTEE REPORTS VI. OLD BUSINESS Update on Ms. Lozano Complaint VII. NEW BUSINESS VIII. PUBLIC SPEAKERS & COMMENTS IX. NEXT MEETING Note: Pursuant to the vote of the Hispanic Board on January 27, 1992, it is requested that all members of the Board who will be making reports provide written summaries of their presentations to secretary Gloria Dominguez. M E M O R A N D U M DATE: April 2, 1992 TO: Gloria Dominguez, Secretary Collier County Hispanic Affairs Advisory Board FROM: Ramiro MaRalich, Assistant County Attorney Staff Liaison to Hispanic Board RE: Staff Report at April 2, 1992 meeting The following is a summary of my comments regarding the topic of public records and the materials presented to the Board by Mr. Valdes and Mr. Rodriguez. Section 119.01(1), Florida Statutes, provides that "it is the policy of this state that all state, county and municipal records shall at all times be open for a personal inspection by any person." Section 119.011(1), Florida Statutes, provides that "For the purpose of this Chapter: "public records" means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings or other material`, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency." The history of this matter, in summary, is that Mr. Valdes presented a number of documents at the Board's meeting in Immokalee, Florida. At a subsequent meeting, Mr. Rodriguez presented documents in rebuttal to Mr. Valdes' documents. After the documents had been presented to the Board, Mr. Rodriguez requested that the documents not be part of the Board's records. It was this attorney's position that the public records law required that materials presented for consideration by the Board be considered and made part of the records of the Board. At that same meeting Mr. Valdes introduced additional documents. It was this attorney's advice that Mr. Rodriguez should be given a final chance at rebuttal and that the Board could then vote to eliminate further discussion on the topics raised by Mr. Valdes and Mr. Rodriguez•. The Board members discussed this matter and voted 4-2 to reject all documents presented. This attorney consulted with the County Attorney regarding the validity of the vote. It appears that Collier County Ordinance No. 91-37 as amended by No. 91-78 requires a 5-person majority for official action to be taken. Consequently, this attorney has reported to the Board that the motion to reject the documents failed. Gloria Dominguez, Secretary April 2, 1992 Page Two It is the opinion of the County Attorney that Chapter 119, Florida Statutes, requires that the materials presented to the Board as part of its transaction of Board business be considered part of the public record. This attorney further advises that Mr. Rodriguez be given a single opportunity for documentary rebuttal as a matter of fairness. This attorney further advises the Board that it may.adopt, by a vote consistent with Ordinance No. 91-37 as amended by No. 91-78, a policy stating that the Board shall not receive any written materials without a'5-person vote in accordance with Collier County Ordinance No. 91-37 as amended by No. 91-78. The Board may further vote on a policy, if it chooses to do so, that the receipt of written materials presented by any speaker before the Board does not constitute any opinion by the Board on the subject presented. It is the County Attorney's position that the receipt of materials, in accordance with any policy that the Board chooses to adopt, must be reviewed on a case by case basis for relevancy and other considerations. The County Attorney does not believe that it will serve the public interest to engage in "hair-splitting" over acceptance versus non -acceptance of documents presented for consideration by the Board members at a public meeting. Florida Attorney General Robert A. Butterworth in his introduction to the publication entitled "Government in the Sunshine Manual, 1992 Edition, comments regarding the public policy in Florida of open government and states that "Florida is the established leader when it comes to open government and public records. Although other jurisdiction have enacted similar legislation, none has the scope of Florida Statutes." In conclusion, in accordance with the spirit of the Public Records and Open Meetings Law of Florida, I furnish you the foregoing advice. cc: Kenneth B. Cuyler, County Attorney cm/dp/4119 r NAPLES DAILY NC4YS ;LETTERS TO THE EDITOR they have a right to keep netting because their forefathers did, or that they were here before anyone else. The Marine Fisheries Commission has shown no resolve in controlling the "clear - cutting" of our waters by netters. Texas and California have banned inshore netting, and it most be banned in Florida while there are still enough fish left to restock their populations The nets must go' Use a hook and line or releasehard-held cast -net and you can an untargeted species. instead of killing them all in a net and them sorting out the ones to keep. Gary Scott/Marco Island E-n-g-I-i-s-h spells h-e-I-p Editor, Naples Daily News: So the Republican National His anic As- sembly. whose local chairwoman is Rosa Her- nandez, ismoving to Collier County. How ver special. r Mrs. Hernandez, as you stated in the arti- cle, "Since we are getting such an influx of Hispanics in the area, we decided that we needed some representation." That's a super idea. Why don't you represent them right into English classes? The other day I was standing next to a His- panic woman who was speaking Spanish to her young son. Don't these people realize that it's these youngsters who will have to speak En- glish to make something out of themselves in 1North America? They, should be forcing En- ;:sh down these youngsters' throats, instead of o n ours 't theeHispan'canish dcommunity see that a oast majority of the population does not want to hear that language every place they go and are starting to revolt against it? Mrs. Hernandez, if you want to help the in- flux of Hispanics, help them keep their heri- tage, but teach them to speak English. -i LAGNIAPPE: Mrs. Hernandez also states, "We'd like to see more Hispanics running for political office." theynycantop t oftogwhaivt we e usave for Hispanic politicians s'. _Heaven help us. Dan Goldstein/Naples FIELD INSPECTION REPORT OF THE 5312 TEXAS AVE HOUSE. Hr. 21.00 pm. Date: February 6,1992 Sunny day and 78 degrees of temperature At the request of the Chairman of the Hispanic Commision Mr Zac Lucio and the members present at the meeting of January 27,1992 I was commisioned to perform a field inspection of the house located at 5312 Texas Av. Naples Florida.which belongs to Mrs. Concepcion Lozano and husband and in the present Mrs. Lozano's son and daugther and Mrs. Lozano. Mrs. Lozano indicated the areas in the exterior wall that were affected by the blast at the time that the Sewer Construction Company detonated the dynamite. Horizontal hair lines were detected along the walls on the left side,right side and front of the house. with the approval of Mrs.Lozano, her son and daugther it was requested to perform an indentention through one of the hair lines that was the most visible and with an screwdriver and a hammer the area of the crak was expanded to reach the concrete wall and no structural failure was observed, the crack lines do not penetrate through the 5/8 plaster wall After pointing out this fact to Mrs. Lozano it was explained to them that no structural danger was evident and that the house was safe to live in and no future concern should be cerried by the Lozanos' family. For purposes of aesthetics and for better appeareance it will be necessary to paint and cure the areas were the hair lines occur. After listening to the complains that Mrs. Lozano has against the insurance company and as an architect I can only present the construction problems that such detonation might have produce, any further steps should be performed by the professional that is in line with such procedures, in order to have a response from the insurance company. j This is all I have to report in favor of Mrs. Lozano's house. Lai rely Gutierrez I. IA. P.A. sion menber iaime r, gutierrez is a r c h i t e c t- p l a n n e r 660 Tamiami trail N Suite 31-D Nanles,Florida 33940 Ph. 813 649 5052 a.i.a ATTENDANCE REPORT FOR ADVISORY COMMITFE /MEETING DATE ajOC11) ?,7 Z NAME REPRESENTING -4J 2. 3, 4. A A Mem ber- 6. A i A E C Y7rll' 3..� 14 A 7 8. 10. 4LA-16� I L 11 12. 13. 14. 15. 16. CNY/1 y y.717 A A 1�c� ,J 33C3 2 17. ,-Tolt,i 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. MEETING HISPANIC AFFAIRS ADVISORY BOARD THURSDAY, APRIL 2, 1992 AT 6:30 P.M. BUILDING F, THIRD FLOOR BOARDROOM, EAST SECTION AGENDA I. APPROVAL OF AGENDA AND MINUTES II. CHAIRMAN'S REPORT III. STAFF REPORT IV. DISCUSSION WITH TOM WHITECOTTON, HUMAN RESOURCES DIRECTOR V. SUBCOMMITTEE REPORTS VI. OLD BUSINESS Update on Ms. Lozano Complaint VII. NEW BUSINESS VIII. PUBLIC SPEAKERS & COMMENTS IX. NEXT MEETING Note: Pursuant to the vote of the Hispanic Board on January 27, 1992, it is requested that all members of the Board who will be making reports provide written summaries of their presentations to secretary Gloria Dominguez. M E M O R A N D U M TO: Eduardo GalvAn, Acting Chairman Hispanic Affairs Advisory Board Gloria Dominguez, Secretary Hispanic Affairs Advisory Board FROM: Ramiro Manalich, Assistant County Attorney DATE: May 29, 1992 RE: Minutes of Hispanic Affairs Advisory Board Enclosed please find the minutes of the April 2 and April 23, 1992 meeting of the Hispanic Affairs Advisory Board for your signature and approval. I would note that the following change was made in regard to the "New Business" section on page 4 of the minutes of April 2 in accordance with the motion of Melinda P. Riddle and the vote of the Board at the May 27 meeting. The sentence "Ms. Melinda P. Riddle informed the group that she has addressed this issue." is replaced by "Ms. Melinda P. Riddle informed the Board that she had seen the article but that she did not feel the timing was appropriate for Board action on the matter." Once you have had a chance to review and approve these minutes please return them to me for filing in -the Hispanic Board file. I have enclosed another copy of the comments regarding the Valdes/Rodriguez documents which were approved by the Board at a prior meeting. We forgot to formally approve this memo on May 27 and I suggest that we consider doing so at the June meeting. In the meantime, pursuant to Board direction, these comments will be attached to the Valdfs/Rodriguez documents. Please be advised that I will be in the process of going through all of our prior minutes to make sure that they are signed by the Chairman and that they have all been approved by the Board. If there are any minutes which require further Board action I will bring the matter to the Board. Thank you for your attent• to my memo and for your assistance in this matter. cc: Members of the Hispanic Affairs Advisory Board Kenneth B. Cuyler, County Attorney Enclosures mi/kke/5828 Collier County Board of County Commissioners Hispanic Affairs Advisory Board Minutes of Meeting April 2, 1992 6:40 p.m. Members Present Nelson A. Munoz Gloria E. Dominguez Bernardo Garcia Eduardo Galvan Antonio Perez-Benitoa Jaime Gutierrez Melinda Paniagua Riddle Members Absent Zac Lucio Jorge Perez Avila Staff Present Ramiro Manalich Staff Liaison to Hispanic Affairs Advisory Board The meeting of the Hispanic Affairs Advisory Board was held at 6:40 P.M. on April 2, 1992 in the East half of the Board Room, Third Floor, Building F, Collier County Government Center. Mr. Eduardo Galvan, Acting Chairman of the Hispanic Affairs Advisory Board called the meeting to order. He welcomed all present including our Guest Speaker Mr. Thomas Whitecotton, Director, Collier County Human Resources. The Board members approved the minutes of January 27, 1992. A motion was made to alter the order of the agenda by listening first to our Guest Speaker. It was seconded and passed unanimously. Guest Speaker Mr. Thomas Whitecotton, Director of the Collier County Human Resource Department stated that 300 people were hired in FY 1989/90 and 150 positions were filled in FY 1990/91 at all levels. He informed the Board that hiring activity this fiscal year has been slow and is lower than last fiscal year. He also presented the following information: Outreach Activities The Human Resources Department has established several plans to encourage qualified minorities to apply for vacant positions. Examples included the PIMA (Plans to Increase Minority Applicants) network, sending postings to minority organization's, meeting with a representative from the Human Resources Department when an applicant applies for a position to ensure the application is properly completed. Hiring Freeze The Board has adopted a plan to eliminate 27 positions, but all efforts are being made to place these employees in other positions. Mr. Whitecotton also informed the H.A.A.B that there are few vacancies which combined with the cut -backs, have hampered the recruitment process. The H.A.A.B. members and public were concerned about the numbers of minorities in managerial positions and it was suggested that an equal opportunity plan package be presented to the Board of County Commissioners. Mr. Tribble from the Black Advisory Board distributed a copy of the proposal for the establishment of the Collier County Department of Equal Opportunity which has been presented to the C.C.B. of C.C. Since this proposal was unknown by the majority of the H.A.A.B. it was suggested that the members review the proposal and present their concerns at the next scheduled meeting. A motion was made to create a subcommittee to review the proposal for equal opportunities and to attend the Black Advisory Board meeting and workshop, and also to report to the H.A.A.B at its next scheduled meeting. It seconded and passed unanimously. Mr. Bernardo Garcia and Ms. Melinda Paniagua Riddle volunteered to carry out this assignment. Mr. Galvan thanked Mr. Whitecotton for his presentation. Mr. Perez-Benitoa excused from Part of meeting Mr. Perez-Benitoa was excused from the meeting at 5:15 p.m. due to illness. Mr. Perez-Benitoa therefore did not vote on the approval of minutes, the two motions regarding the Valdes/ Rodriguez documents, the regular meeting date motion, the motion for continuing part of the agenda to the next meeting and the adjournment motion. Approval of Agenda and Minutes The minutes dated January 27, 1992 were approved with a correction on Mr. Garcia's motion to reject any more documents z presented by Mr. Valdes and Mr. Rodriguez to read "rejected" not "approved." Chairman's Report Mr. Eduardo Galvan informed the Board that he attended a meeting in Immokalee with Judge Turner about Juvenile delinquency. He reported that a large percentage of Hispanics are driving without a driver's license. He also informed the Board that the schools are preparing students to obtain licenses. It was suggested to inform Mr. Jorge Avila, Chairperson of the law enforcement committee about this matter. Staff Report Mr. Ramiro Manalich will report on the Hatch Act at our next scheduled meeting. He also read about the interpretation of public documents (See attached memorandum dated 04/02/92). Mr. Manalich informed Board members that Mr. Jorge Perez Avila was excused from attending the H.A.A.B meeting. Mr. Manalich also welcomed and introduced Mr. Tribble from the Black Advisory Board and Mr. Whitecotton, Director of the Collier County Human Resources Department. Mr. Manalich consulted with Mr. Cuyler regarding the Rodriguez/Valdes documents and it was stated that the documents presented to the H.A.A.B by Mr. Valdes and Mr. Rodriguez should be considered public record. Ms. Melinda Paniagua Riddle made the following motions: 1. Move that the Board establish future policy of not accepting documents from the public unless they clearly relate to the business of the Hispanic Board or the Hispanic Board votes to otherwise accept the documents. 2. Move that all past records/documents involving Valdes/ Rodriguez be rejected and returned to Mr. Valdes and Mr. Rodriguez as not pertaining to official business of the Board. The first motion was seconded and passed unanimously. The second motion was seconded and passed unanimously. Mr. Manalich informed the Board that he would consult with the County Attorney because, as custodian of the public records under the Public Records Law, it was his opinion that the Valdes and Rodriguez documents would have to remain in the Hispanic Board file as public records. Old Business Mr. Jaime Gutierrez presented a field inspection report on Mrs. Lozano's residence located at 5312 Texas Avenue, Naples, FL. (See attached photocopy) 9 Subcommittee Reports Subcommittee reports were not presented at this meeting. Mr. Perez-Benitoa will present his report at the next scheduled meeting. 1. A motion was made to have a meeting every fourth Thursday of the month. 2. To have the meeting held alternatively in Naples/Immokalee at 6:30 and 7:00. 3. To listen to Subcommittee Reports and old business at our next scheduled meeting. All three motions were seconded and passed unanimously. New Business Ms. Gloria Dominguez presented to the Board members a derogative article about Hispanics in Collier County which was published in the Naples Daily News. (See attached photocopy). Ms. Melinda P. Riddle informed the Board that she had seen the article but that she did not feel the timing was appropriate for Board action on the matter. Ms. Mirna Perez suggested that all public speakers should have a time frame for each topic to be discussed. Mr. Frank Rodriguez of "The Hispano" newspaper was of the opinion that public participation is needed and that meeting of the H.A.A.B. should be scheduled in different Hispanic communities. Next Meeting The next meeting of the H.A.A.B. is scheduled for April 23, 1992 at 6:30 p.m., Building F, Third Floor Board Room. The meeting was adjourned at 9:35 p.m. Respectfully Submitted, Gloria E. Dominguez, Secretary Hispanic Affairs Advisory Board Approved by the Board on Eduardo Galvan, Acting Chairman Hispanic Affairs Advisory Board gd/kn-kke/5830 4 FRVra COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS HISPANIC AFFAIRS ADVISORY BOARD Minutes of Meeting April 23, 1992 6:30 p.m. Members Present Nelson A. Mufioz Gloria E. Dominguez Bernardo Garcia Eduardo Galvan Melinda Paniagua Riddle Members Absent Antonio Perez-Benitoa Jorge Perez Avila Jaime Gutierrez Zac Lucio Staff Present Ramiro Mafialich Staff Liason to Hispanic Affairs Advisory Board The meeting of the Hispanic Affairs Advisory Board was held at 6:45 p.m. on April 23, 1992 in the east half of the board room, third floor, Building F, Collier County Government Center. Mr. Edwardo Galvan, Acting Chairman of the Hispanic Affairs Advisory Board called the meeting to order. He welcomed all present and reported the resignation of H.A.A.B. Chairperson, Mr. Zac Lucio. A motion was made to have Mr. Galvan act as Chairman for the next two meetings. It seconded and passed unanimously. Mr. Mafialich informed the board members that Mr. Avila has been excused from attending this meeting. Mr. Garcia made a motion to request a written report of Mr. Avila's absence from the Fire Department. It was seconded and passed unanimously. Ms. Paniagua made a motion to accept the minutes at the next meeting it seconded and passed unanimously. Chairman Retort The chairperson had no report to submit at this meeting. Hispanic Affairs Minutes of April Page 2 Staff Report Advisory Board 23, 1992 Meeting Mr. Mafialich informed the board of resignation and circulated copies members present. chairperson., Mr. Zac Lucio's of resignation letter to all He also recommended to have the election of a chairperson and vice -chairperson at our next scheduled meeting. Mr. Mafialich informed the board members that it was the opinion of the County Attorney that the Rodriguez/Valdes documents are public records and cannot be removed from the file and returned to the parties. Mr. Garcia made a motion to have the board pass no judgment on the validity of the documents, not to accept the records and to consider it as not pertinent to official matters of the Board. It was seconded and passed unanimously. Mr. Mafialich spoke about the budget calendar on equal opportunity. Mr. Mafialich informed the Board about the need for basic advertisement and the meetings of subcommittees to avoid violation of the Sunshine Law. He also offered to be of assistance to the subcommittees. Subcommittee Report Ms. Melinda P. Riddle and Mr. Bernardo Garcia presented a written report on the creation of an equal opportunity division (see attached copy). Mr. Galvan made a motion to accept the recommendations as presented. It was seconded and passed unanimously. Mr. Garcia made a motion to recommend that Ms. Paniagua be the person to -work with the B.A.A.B and other request Mr. Garcia and Mr. Mufioz will assist. The B.A.A.B meeting is scheduled for May 13, 1992 at 6:30 p.m. in the east half of the board room, third floor, Building F, Collier County Government Center. It was agreed by the H.A.A.B members that Mr. Galvan will write a letter of support to B.A.A.B on behalf of the board and will affix his signature to the proposal. Old Business Mr. Garcia congratulated Mr. Gutierrez regarding the field inspection report on Ms. Lozano's residence. Mr. Perez-Benitoa report will be covered at the next schedule meeting. New Business Mr. Garcia was of the opinion that the derogatory articles on Hispanics published by the Naples Daily News should be addressed. 0 Hispanic Affairs Minutes of April Page 3 Advisory Board 23, 1992 Meeting Mr. Mufioz made a motion to have Mr. Garcia contact the editors of The Naples Daily News on behalf of the H.A.A.B and to invite them to attend our meeting. It seconded and passed unanimously. Mr. Mufioz made a motion to limit public speakers to five minutes per topic it seconded and passed unanimously. Public Speaker and Comments Mr. Victor Valdes, editor of Las Naciones Newspaper introduced Mr. Moises Gomez and Mr. Bruno Gomez. He stated that both brothers have been brutally abused by The Collier County Sheriff's Department. Mr. Moises Gomez has a fractured hand and his brother is severely bruised. Mr. Garcia suggested that we invite Sheriff Hunter to attend our next scheduled meeting, and ask the Gomez brothers to be present at the meeting. Mr. Mafialich reminded the H.A.A.B of the ordinance under which this board was created. We cannot operate where there is a conflict of interest, a County personnel grievance matter or matters outside of the jurisdiction of the Board of County Commissioners. With those caveats, we can listen to individual cases. However, Mr. Mahalich will consult with Mr. Cuyler. Mr. Garcia stated that we can present to the Sheriff the perception of The Hispanic Community toward his Department. Mr. Jose Gomez agreed with Mr. Garcia's comments and stated that it is imperative to know what kind of complaints can be brought before the H.A.A.B. He added that a civilian review complaint board is necessary in Collier County. Mr. Garcia made a motion to invite Sheriff Hunter to be our guest speaker at our next scheduled meeting. It was seconded and passed unanimously. Next Meeting The next meeting of the H.A.A.B. is scheduled for May 27, at 7:00 p.m. in Immokalee. The place of meeting will be announced in writing to all members. The meeting was adjourned at 8:40 p.m. Respectfully submitted, Gloria Dominguez, Secretary Hispanic Affairs Advisory Board Approved by the Board on Eduardo Galvan, Acting Chairman Hispanic Affairs Advisory Board #4252 1992 M E M O R A N D U M DATE: May 13, 1992 TO: Hispanic Affairs Advisory Board FROM: Ramiro Mahalich, Assistant County Attorney RE: Memorandum of the Hispanic Board to be attached to the Valdes/Rodriguez documents. Pursuant to the unanimous vote of the Board on April 23, 1992, I have prepared a sample memorandum to be attached to the Valdes and Rodriguez documents. If the Board indicates its approval of this memo at the May 27th meeting, the memo shall be attached to said documents. mt/dp/4759 M E M O R A N D U M TO WHOM IT MAY CONCERN: FROM: Hispanic Affairs Advisory Board RE: Valdes/Rodriguez Documents in the Hispanic Board file. Please be advised that the documents attached to this Memorandum have been determined to be public record by the office of the County Attorney but the Hispanic Affairs Advisory Board wishes to clarify that it has voted to reject these documents and has not accepted them. The Hispanic Affairs Advisory Board expresses no opinion or judgment as to the content of these documents. The Hispanic Affairs Advisory Board further states that it does not believe that the content of these materials is in any way relevant to matters concerning the Hispanic Affairs Advisory Board. This memorandum has been approved by vote of the Hispanic Affairs Advisory Board on May 27, 1992 at public meeting. Eduardo Galvan, Acting Chairman Collier County Hispanic Affairs Advisory Board #4260 /Q y/y� M E M O R A N D U M TO WHOM IT MAY CONCERN: FROM: Hispanic Affairs Advisory Board RE: Valdes/Rodriguez Documents in the Hispanic Board file. Please be advised that the documents attached to this Memorandum have been determined to be public record by the office of the County Attorney but the Hispanic Affairs Advisory Board wishes to clarify that it has voted to reject these documents and has not accepted them. The Hispanic Affairs Advisory Board expresses no opinion or judgment as to the content of these documents. The Hispanic Affairs Advisory Board further states that it does not believe that the content of these materials is in any way relevant to matters concerning the Hispanic Affairs Advisory Board. This memorandum has been approved by vote of the Hispanic Affairs Advisory Board on June 25, 1992 at public meeting. Eduardo Galvan, Acting Chairman Collier County Hispanic Affairs Advisory Board #4260 M E M O R A N D U M DATE: May 13, 1992 TO: Hispanic Affairs Advisory Board FROM: Ramiro Manalich, Assistant County Attorney RE: Memorandum of the Hispanic Board to be attached to the Valdes/Rodriguez documents. Pursuant to the unanimous vote of the Board on April 23, 1992, I have prepared a sample memorandum to be attached to the Valdes and Rodriguez documents. If the Board indicates its approval of this memo at the May 27th meeting, the memo shall be attached to said documents. =/dp/4159 M E M O R A N D U M TO: Eduardo Galvdn, Acting Chairman Hispanic Affairs Advisory Board Gloria Dominguez, Secretary Hispanic Affairs Advisory Board FROM: Ramiro Manalich, Assistant County Attorney DATE: May 29, 1992 RE: Minutes of Hispanic Affairs Advisory Board Enclosed please find the minutes of the April 2 and April 23, 1992 meeting of the Hispanic Affairs Advisory Board for your signature and approval. I would note that the following change was made in regard to the "New Business" section on page 4 of the minutes of April 2 in accordance with the motion of Melinda P. Riddle and the vote of the Board at the May 27 meeting. The sentence "Ms. Melinda P. Riddle informed the group that she has addressed this issue." is replaced by "Ms. Melinda P. Riddle informed the Board that she had seen the article but that she did not feel the timing was appropriate for Board action on the matter." Once you have had a chance to review and approve these minutes please return them to me for filing in the Hispanic Board file. I have enclosed another copy of the comments regarding the Valdes/Rodriguez documents which were approved by the Board at a prior meeting. We forgot to formally approve this memo on May 27 and I suggest that we consider doing so at the June meeting. In the meantime, pursuant to Board direction, these comments will be attached to the Vald6s/Rodriguez documents. Please be advised that I will be in the process of going through all of our prior minutes to make sure that they are signed by the Chairman and that they have all been approved by the Board. If there are any minutes which require further Board action I will bring the matter to the Board. Thank you for your attent, to my and for your assistance in this matter. cc: Members of the Hispanic Affairs Advisory Board Kenneth B. Cuyler, County Attorney Enclosures m/kke/5828 M E M O R A N D U M DATE: May 13, 1992 TO: Hispanic Affairs Advisory Board FROM: Ramiro Manalich, Assistant County Attorney RE: Minutes of April 2, 1992 Meeting Enclosed in your Agenda package please find the minutes from the April 2, 1992 meeting of the Hispanic Board. My review of these minutes indicated that several changes were necessary to more accurately and completely reflect the proceedings of the Board on April 2. Specifically, I have indicated the voting results on each motion that was seconded and passed that is listed by Ms Dominguez and I have clarified the discussion and motions made regarding the Valdes and Rodriguez documents. The only other changes were correction of Ms. Riddle's first name from "Belinda" to "Melinda", the corrected spelling of Mr. Tribble's name and clarification that Mr. Perez-Benitoa was excused from the meeting due to illness and therefore did not participate in the votes on several motions. Regarding the section titled "Guest Speaker", Human Resources Director, Tom Whitecotton offered a number of clarifications and changes to more accurately reflect the substance of his comments. I have included all of his suggested changes in the text of the minutes. Unless there are other corrections which the members wish to be made to these minutes, I hope that my corrections will facilitate approval of these minutes at the May 27 meeting. rm/dp/4258 Collier County Board of County Commissioners Hispanic Affairs Advisory Board Minutes of Meeting April 2, 1992 6:40 p.m. Members Present Nelson A. Munoz Gloria E. Dominguez Bernardo Garcia Eduardo Galvan Antonio Perez-Benitoa Jaime Gutierrez Melinda Paniagua Riddle Members Absent Zac Lucio Jorge Perez Avila Staff Present Ramiro Manalich Staff Liaison to Hispanic Affairs Advisory Board The meeting of the Hispanic Affairs Advisory Board was held at 6:40 p.m. on April 2, 1992 in the East half of the Board Room, Third Floor, Building F, Collier County Government Center. Mr. Eduardo Galvan, Acting Chairman of the Hispanic Affairs Advisory Board called the meeting to order. He welcomed all present including our Guest Speaker Mr. Thomas Whitecotton, Director, Collier County Human Resources. The Board members approved the minutes of January 27, 1992. A motion was made to alter the order of the agenda by listening first to our Guest Speaker. It was seconded and passed unanimously. Guest Speaker Mr. Thomas Whitecotton, Director of the Collier County Human Resource Department stated that 300 people were hired in FY 1989/90 and 150 positions were filled in FY 1990/91 at all levels. He informed the Board that hiring activity this fiscal year has been slow and is lower than last fiscal year. He also presented the following information: Outreach Activities The Human Resources Department has established several plans to encourage qualified minorities to apply for vacant positions. Examples included the PIMA (Plans to Increase Minority Applicants) network, sending postings to minority organizations, meeting with a representative from the Human Resources Department when an applicant applies for a position to ensure the application is properly completed. Hiring Freeze The Board has adopted a plan to eliminate 27 positions, but all efforts are being made to place these employees in other positions. Mr. Whitecotton also informed the H.A.A.B that there are few vacancies which combined with the cut -backs, have hampered the recruitment process. The H.A.A.B. members and public were concerned about the numbers of minorities in managerial positions and it was suggested that an equal opportunity plan package be presented to the Board of County Commissioners. Mr. Tribble from the Black Advisory Board distributed a copy of the proposal for the establishment of the Collier County Department of Equal Opportunity which has been presented to the C.C.B. of C.C. Since this proposal was unknown by the majority of the H.A.A.B. it was suggested that the members review the proposal and present their concerns at the next scheduled meeting. A motion was made to create a subcommittee to review the proposal for equal opportunities and to attend the Black Advisory Board meeting and workshop, and also to report to the H.A.A.B at its next scheduled meeting. It seconded and passed unanimously. Mr. Bernardo Garcia and Ms. Melinda Paniagua Riddle volunteered to carry out this assignment. Mr. Galvan thanked Mr. Whitecotton for his presentation. Mr. Perez-Benitoa excused from part of meeting Mr. Perez-Benitoa was excused from the meeting at 8:15 p.m. due to illness. Mr. Perez-Benitoa therefore did not vote on the approval of minutes, the two motions regarding the Valdes/ Rodriguez documents, the regular meeting date motion, the motion for continuing part of the agenda to the next meeting and the adjournment motion. Approval of Agenda and Minutes The minutes dated January 27, 1992 were approved with a 2 correction on Mr. Garcia's motion to reject any more documents presented by Mr. Valdes and Mr. Rodriguez is "rejected" not approved. Chairman's Report Mr. Eduardo Galvan informed the Board that he attended a meeting in Immokalee with Judge Turner about Juvenile delinquency. He reported that a large percentage of Hispanics are driving without a driver's license. He also informed the Board that the schools are preparing students to obtain licenses. It was suggested to inform Mr. Jorge Avila, Chairperson of the law enforcement committee about this matter. Staff Report Mr. Ramiro Mafialich will report on the Hatch Act at our next scheduled meeting. He also read about the interpretation of public documents (See attached memorandum dated 04/02/92). Mr. Mafialich informed Board members that Mr. Jorge Perez Avila was excused from attending the H.A.A.B meeting. Mr. Mafialich also welcomed and introduced Mr. Tribble from the Black Advisory Board and Mr. Whitecotton, Director of the Collier County Human Resources Department. Mr. Mafialich consulted with Mr. Cuyler regarding the Rodriguez/Valdes documents and it was stated that the documents presented to the H.A.A.B by Mr. Valdes and Mr. Rodriguez should be considered public record. Ms. Melinda Paniagua Riddle made the following motions: 1. Move that the Board establish future policy of not accepting documents from the public unless they clearly relate to the business of the Hispanic Board or the Hispanic Board votes to otherwise accept the documents. 2. Move that all past records/documents involving Valdes/ Rodriguez be rejected and returned to Mr. Valdes and Mr. Rodriguez as not pertaining to official business of the Board. The first motion was seconded and passed unanimously. The second motion was seconded and passed unanimously. Mr. Mafialich informed the Board that he would consult with the County Attorney because, as custodian of the public records under the Public Records Law, it was his opinion that the Valdes and Rodriguez documents would have to remain in the Hispanic Board file as public records. Old Business Mr. Jaime Gutierrez presented a field inspection report on 3 Mrs. Lozano's residence located at 5312 Texas Avenue, Naples, FL. (See attached photocopy) Subcommittee Reports Subcommittee reports were not presented at this meeting. Mr. Perez-Benitoa will present his report at the next scheduled meeting. 1. A motion was made to have a meeting every fourth Thursday of the month. 2. To have the meeting held alternatively in Naples/Immokalee at 6:30 and 7:00. 3. To listen to Subcommittee Reports next scheduled meeting. All three passed unanimously. New Business and old business at our motions were seconded and Ms. Gloria Dominguez presented to the Board members a derrogative article about Hispanics in Collier County which was published in the Naples Daily News. (See attached photocopy). Ms. Melinda P. Riddle informed the group that she has addressed this issue. Ms. Mirna Perez suggested that all public speakers should have a time frame for each topic to be discussed. Mr. Frank Rodriguez of "The Hispano" newspaper was of the opinion that public participation is needed and that meeting of the H.A.A.B. should be scheduled in different Hispanic communities. Next Meetinu The next meeting of the H.A.A.B. is scheduled for April 23, 1992 at 6:30 p.m., Building F, Third Floor Board Room. The meeting was adjourned at 9:35 p.m. Respectfully Submitted, Gloria E. Dominguez, Secretary Hispanic Affairs Advisory Board Approved by the Board on , 1992 Eduardo Galvan, Acting Chairman Hispanic Affairs Advisory Board #4257 4 M E M O R A N D U M DATE: April 2, 1992 TO: Gloria Dominguez, Secretary Collier County Hispanic Affairs Advisory BgaFd a FROM: Ramiro Mahalich, Assistant County Attorney Staff Liaison to Hispanic Board RE: Staff Report at April 2, 1992 meeting The following is a summary of my comments regarding the topic of public records and the materials presented to the Board by Mr. Valdes and Mr. Rodriguez. Section 119.01(1), Florida Statutes, provides that "it is the policy of this state that all state, county and municipal records shall at all times be open for a personal inspection by any person." Section 119.011(1), Florida Statutes, provides that "For the purpose of this Chapter: "public records" means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency." The history of this matter, in summary, is that Mr. Valdes presented a number of documents at the Board's meeting in Immokalee, Florida. At a subsequent meeting, Mr. Rodriguez presented documents in rebuttal.to Mr. Valdes' documents. After the documents had been presented to the Board, Mr. Rodriguez requested -that the documents not be part of the Board's records. It was this attorney's position that the public -records law - required that materials presented for consideration by the Board be considered and made part of the recordv of the Board. At that same meeting Mr. Valdes introduced additional documents. It was this attorney's advice that Mr. Rodriguez should be given a final - chance at rebuttal and that the Board could then vote to eliminate further discussion on the topics raised by Mr. Valdes and Mr. Rodriguez. The Board members discussed this matter and voted 4-2 to reject all documents presented. This attorney consulted with the County Attorney regarding the validity of the vote. It appears that Collier County Ordinance No. 91-37 as amended by No. 91-78 requires a 5-person majority for official action to be taken. Consequently, this attorney has reported to the Board that the motion to reject the documents failed.. Gloria Dominguez, Secretary April 2, 1992 Page Two It is the opinion of the County Attorney that Chapter 119, Florida Statutes, requires that the materials presented to the Board as part of its transaction of Board business be considered part of the public record. This attorney further advises that Mr. Rodriguez be given a single opportunity for documentary rebuttal as a matter of fairness. This attorney further advises the Board that it maycadopt, by a vote consistent with Ordinance No. 91-37 as amended by No. 91-78, a policy stating that the Board shall: -not receive' -any written materials without a 5-person vote in accordance with Collier County Ordinance No. 91-37 as amended by No. 91-78. The Board may further vote on a policy, if it chooses to do so, that the receipt of written materials presented by any speaker before the Board does not constitute any opinion by the Board on the subject presented. It is the County Attorney's position that the receipt of materials, in accordance with any policy that the Board chooses to adopt, must be reviewed on a case by case basis for relevancy and other considerations. The County Attorney does not believe that it will serve the public interest to engage in "hair-splitting" over acceptance versus non -acceptance of documents presented for consideration by the Board members at a public meeting. Florida Attorney General Robert A. Butterworth in his introduction to the publication entitled ".Government in the Sunshine Manual, 1992 Edition, comments regarding the public policy in Florida of open government and states that "Florida is the established leader when it comes to open government and public records. Although other jurisdiction have enacted similar legislation, none has the scope of Florida Statutes." In conclusion, in accordance with the spirit of the Public Records and Open Meetings Law of Florida, I furnish you the foregoing advice. cc: Kenneth B. Cuyler, County Attorney m/dp/4119 Y- k k NAPLES DAILY news Fri., Mor._,- et-,t; G, Y992 3A !LETTERS TO THE EDITOR *,.a they have a right to keep netting because their forefathers did, or that they were here before anyone else. The Marine Fisheries Commission has shown no resolve in controlling the "clear - cutting" of our waters by netters. Texas and \ California have banned inshore netting, and it must be banned in Florida while there are still enough fish left to restock their populations. The nets must got Use a hook and line or hand-held cast -net and you can release alive h an untargeted species, instead of killing them f all in a net and them sorting out the ones to keep. Gary Scott/Marco island E-n-g-I-i-s-h spells h-e-l-p ^ Editor, Naples Daily News: So the Republican National Hispanic As- sembly, whose local chairwoman is Rosa Her- nandez, is. moving to Collier County. How very f special. Mrs. Hernandez, as you stated in the arti- cle, "Since we are getting such an influx of 1 Hispanics in the area; we decided that we l needed some repmsentation." That's a super idea. Why don't you represent them right into Enish classes? qhe other day I was standing next to a His- panic woman who was speaking Spanish to her oung son. Don't these people realize that it's these youngsters who will have to speak En - gush to make something out of themselves in North America? They should be forcing En- glish down these youngsters' throats, instead of trying to force Spanish down ours. Can't the`Rispanic community -see that a .least majority of the population does not want - h to hear that language every place they go and -are starting to revolt against It? Mrs. Hernandez, if you want to help the in- flux of Hispanics, help them keep their heri- tage, but teach them to speak English. 111 LAGNIAPPE: Mrs. Hernandez also states, "We'd like to see more Hispanics running for political office." ion -top of what we have for.politicians now, tthey'-want i'to-give -Vs Hispanic politicians? HeavenLelp us. -r' Dan Goldstein/Naples FIELD INSPECTION REPORT OF THE 5312 TEXAS AVE HOUSE- Hr. 21.00 pm. Date: February 601992 Sunny day and 78 degrees of temperature At the request of the Chairman of the Hispanic Commision Mr Zac Lucio and the members present at the meeting of January 27,1992 1 was commisioned to perform a field inspection of the house �oc,Aited at 5312 Texas Av. Naples Florida.which belongs to Mrs. Concepcion Lozano and husband and in the present Mrs. Lozano's son and daugther and Mrs. Lozano. Mrs. Lozano indicated the areas in the exterior wall that were affected by the blast at the time that the Sewer Construction Company detonated the dynamite. Horizontal hair lines were detected along the walls on the left side,right side and front of the house. with the approval of Mrs.Lozano, her son and daugther it was requested to perform an indentention through one of the hair lines that was the most visible and with an screwdriver and a hammer the area of the crak was expanded to reach the concrete wall and no structural failure was observed, the crack lines do not penetrate through the 5/8 plaster wall After pointing out this fact to Mrs. Lozano it was explained to them that no structural danger was evident and that the house was safe to live in and no future concern should be cerried by the Lozanos' family. For purposes of aesthetics and for better appeareance it will be necessary to paint and cure the areas were the hair lines occur. After listening to the complains that Mrs. Lozano has against the insurance company and as an architect I can only present the construction problems that such detonation might have produce, any further steps should be performed by the professional that is in line with such procedures, in order to have a response from the insurance company. This is all I have to report in favor of Mrs. Lozano's house. 'ncerely aim R Gutierrez I. IA. P.A. sion menber jeime r, gutierrez im a r c h i t e c t- p l a n n e r 660 Tamiami trail N Suite 31-D Naples.Florida 33940 Ph. 813 649 5052 a.La KWAR tQ .M;mbIiml DATE: April 2, 1992 TO: Gloria Dominguez, Secretary Collier County Hispanic Affairs Advisory Board FROM: Ramiro Mafialich, Assistant County Attorney Staff Liaison to Hispanic Board RE: Staff Report at April 2, 1992 meeting The following is a summary of my comments regarding the topic of public records and the materials presented to the Board by Mr. Valdes and Mr. Rodriguez. Section 119.01(1), Florida Statutes, provides that "it is the policy of this state that all state, county and municipal records shall at all times be open for a personal inspection by any person." Section 119.011(1), Florida Statutes, provides that "For the purpose of this Chapter: "public records" means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency." The history of this matter, in summary, is that Mr. Valdes presented a number of documents at the Board's meeting in Immokalee, Florida. At a subsequent meeting, Mr. Rodriguez presented documents in rebuttal to Mr. Valdes' documents. After the documents had been presented to the Board, Mr. Rodriguez requested that the documents not be part of the Board's records. It was this attorney's position that the public records law required that materials presented for consideration by the Board be considered and made part of the records of the Board. At that same meeting Mr. Valdes introduced additional documents. It was this attorney's advice that Mr. Rodriguez should be given a final chance at rebuttal and that the Board could then vote to eliminate further discussion on the topics raised by Mr. Valdes and Mr. Rodriguez. The Board members discussed this matter and voted 4-2 to reject all documents presented. This attorney consulted with the County Attorney regarding the validity of the vote. It appears that Collier County Ordinance No. 91-37 as amended by No. 91-78 requires a 5-person majority for official action to be taken. Consequently, this attorney has reported to the Board that the motion to reject the documents failed. Gloria Dominguez, Secretary April 2, 1992 Page Two It is the opinion of the County Attorney that Chapter 119, Florida Statutes, requires that the materials presented to the Board as part of its transaction of Board business be considered part of the public record. This attorney further advises that Mr. Rodriguez be given a single opportunity for documentary rebuttal as a matter of fairness. This attorney further advises the Board that it may adopt, by a vote consistent with Ordinance No. 91-37 as amended by No. 91-78, a policy stating that the Board shall not receive any written materials without a 5-person vote in accordance with Collier County Ordinance No. 91-37 as amended by No. 91-78. The Board may further vote on a policy, if it chooses to do so, that the receipt of written materials presented by any speaker before the Board does not constitute any opinion by the Board on the subject presented. It is the County Attorney's position that the receipt of materials, in accordance with any policy that the Board chooses to adopt, must be reviewed on a case by case basis for relevancy and other considerations. The County Attorney does not believe that it will serve the public interest to engage in "hair-splitting" over acceptance versus non -acceptance of documents presented for consideration by the Board members at a public meeting. Florida Attorney General Robert A. Butterworth in his introduction to the publication entitled "Government in the Sunshine Manual, 1992 Edition, comments regarding the public policy in Florida of open government and states that "Florida is the established leader when it comes to open government and public records. Although other jurisdiction have enacted similar legislation, none has the scope of Florida Statutes." In conclusion, in accordance with the spirit of the Public Records and Open Meetings Law of Florida, I furnish you the foregoing advice. cc: Kenneth B. Cuyler, County Attorney m/dp/4119 FIELD INSPECTION REPORT OF THE 5312 TEXAS AVE HOUSE. Hr. 2'.00 pm. Date: February 6,1992 Sunny day and 78 degrees of temperature - At the request of the Chairman of the Hispanic Commision Mr Y.ac Lucio and the members present at the meeting of January 27,1992 I ra.; commisioned to perform a field inspection of the house'7oc4ted at 5312 Texas Av. Naples Florida.which belongs to Mrs. Concepcion Lozano and husband and in the present Mrs. Lozano's son and daugther and Mrs. Lozano. Mrs. Lozano indicated the areas in the exterior wall that were affected by the blast at the time that the Sewer Construction Company detors*r1 the dynamite. Horizontal hair lines were detected along the walls on the left side,right side and front of the house. with the approval of Mrs.Lozano, her son and daugther it was reques�ed to perform an indentention through one of the hair lines that was tha most visible and with an screwdriver aAd a hammer the area of the cr,ak was expanded to reach the concrete wall and no structural failure was observed, the crack lines do not penetrate through the 5/8 plaster wall After pointing out this fact to Mrs. Lozano it was explained to them that no structural danger was evident and that the house was safe to live in and no future concern should be cerried by the Lozanos' family. For purposes of aesthetics and for better appeareance it will be necessary to paint and cure the areas were the hair lines occur. After listening to the complains that Mrs. Lozano has against the insurance company and as an architect I can only present the construction problems that such detonation might have produce, any further steps should be performed by the professional that is in line with such procedures, in order to have a response from the insurance company. i This is all I have to report in favor of Mrs. Lozano's house. 'ncerely �,n A. utierrez I. IA. P.A. sion menber jaime r. gutierrez L a r c h i t e c t- p l a n n e r d'i.2 660 Tamiami trail N Suite 31-D Naples.Florida 33940 Ph. 813 649 5052 M E M O R A N D U M DATE: May 13, 1992 TO: Hispanic Affairs Advisory Board FROM: Ramiro Maftalich, Assistant County Attorney RE: Minutes of April 2, 1992 Meeting Enclosed in your Agenda package please find the minutes from the April 2, 1992 meeting of the Hispanic Board. My review of these minutes indicated that several changes were necessary to more accurately and completely reflect the proceedings of the Board on April 2. Specifically, I have indicated the voting results on each motion that was seconded and passed that is listed by Ms Dominguez and I have clarified the discussion and motions made regarding the Valdes and Rodriguez documents. The only other changes were correction of Ms. Riddle's first name from "Belinda" to "Melinda", the corrected spelling of Mr. Tribble's name and clarification that Mr. Perez-Benitoa was excused from the meeting due to illness and therefore did not participate in the votes on several motions. Regarding the section titled "Guest Speaker", Human Resources Director, Tom Whitecotton offered a number of clarifications and changes to more accurately reflect the substance of his comments. I have included all of his suggested changes in the text of the minutes. Unless there are other corrections which the members wish to be made to these minutes, I hope that my corrections will facilitate approval of these minutes at the May 27 meeting. =/dp/4258 Collier County Board of County Commissioners Hispanic Affairs Advisory Board Minutes of Meeting April 2, 1992 6:40 p.m. Members Present Nelson A. Munoz Gloria E. Dominguez Bernardo Garcia Eduardo Galvan Antonio Perez-Benitoa Jaime Gutierrez Melinda Paniagua Riddle Members Absent Zac Lucio Jorge Perez Avila Staff Present Ramiro Mahalich Staff Liaison to Hispanic Affairs Advisory Board The meeting of the Hispanic Affairs Advisory Board was held at 6:40 p.m. on April 2, 1992 in the East half of the Board Room, Third Floor, Building F, Collier County Government Center. Mr. Eduardo Galvan, Acting Chairman of the Hispanic Affairs Advisory Board called the meeting to order. He welcomed all present including our Guest Speaker Mr. Thomas Whitecotton, Director, Collier County Human Resources. The Board members approved the minutes of January 27, 1992. A motion was made to alter the order of the agenda by listening first to our Guest Speaker. It was seconded and passed unanimously. Guest Sneaker Mr. Thomas Whitecotton, Director of the Collier County Human Resource Department stated that 300 people were hired in FY 1989/90 and 150 positions were filled in FY 1990/91 at all levels. He informed the Board that hiring activity this fiscal year has been slow and is lower than last fiscal year. He also presented the following information: Outreach Activities The Human Resources Department has established several plans to encourage qualified minorities to apply for vacant positions. Examples included the PIMA (Plans to Increase Minority Applicants) network, sending postings to minority organizations, meeting with a representative from the Human Resources Department when an applicant applies for a position to ensure the application is properly completed. Hiring Freeze The Board has adopted a plan to eliminate 27 positions, but all efforts are being made to place these employees in other positions. Mr. Whitecotton also informed the H.A.A.B that there are few vacancies which combined with the cut -backs, have hampered the recruitment process. The H.A.A.B. members and public were concerned about the numbers of minorities in managerial positions and it was suggested that an equal opportunity plan package be presented to the Board of County Commissioners. Mr. Tribble from the Black Advisory Board distributed a copy of the proposal for the establishment of the Collier County Department of Equal Opportunity which has been presented to the C.C.B. of C.C. Since this proposal was unknown by the majority of the H.A.A.B. it was suggested that the members review the proposal and present their concerns at the next scheduled meeting. A motion was made to create a subcommittee to review the proposal for equal opportunities and to attend the Black Advisory Board meeting and workshop, and also to report to the H.A.A.B at its next scheduled meeting. It seconded and passed unanimously. Mr. Bernardo Garcia and Ms. Melinda Paniagua Riddle volunteered to carry out this assignment. Mr. Galvan thanked Mr. Whitecotton for his presentation. Mr. Perez-Benitoa excused from Part of meeting Mr. Perez-Benitoa was excused from the meeting at 8:15 p.m. due to illness. Mr. Perez-Benitoa therefore did not vote on the approval of minutes, the two motions regarding the Valdes/ Rodriguez documents, the regular meeting date motion, the motion for continuing part of the agenda to the next meeting and the adjournment motion. Approval of Agenda and Minutes The minutes dated January 27, 1992 were approved with a 2 correction on Mr. Garcia's motion to reject any more documents presented by Mr. Valdes and Mr. Rodriguez is "rejected" not approved. Chairman's Report Mr. Eduardo Galvan informed the Board that he attended a meeting in Immokalee with Judge Turner about Juvenile delinquency. He reported that a large percentage of Hispanics are driving without a driver's license. He also informed the Board that the schools are preparing students to obtain licenses. It was suggested to inform Mr. Jorge Avila, Chairperson of the law enforcement committee about this matter. Staff Report Mr. Ramiro Manalich will report on the Hatch Act at our next scheduled meeting. He also read about the interpretation of public documents (See attached memorandum dated 04/02/92). Mr. Manalich informed Board members that Mr. Jorge Perez Avila was excused from attending the H.A.A.B meeting. Mr. Manalich also welcomed and introduced Mr. Tribble from the Black Advisory Board and Mr. Whitecotton, Director of the Collier County Human Resources Department. Mr. Mahalich consulted with Mr. Cuyler regarding the Rodriguez/Valdes documents and it was stated that the documents presented to the H.A.A.B by Mr. Valdes and Mr. Rodriguez should be considered public record. Ms. Melinda Paniagua Riddle made the following motions: 1. Move that the Board establish future policy of not accepting documents from the public unless they clearly relate to the business of the Hispanic Board or the Hispanic Board votes to otherwise accept the documents. Move that all past records/documents involving Valdes/ Rodriguez be rejected and returned to Mr. Valdes and Mr. Rodriguez as not pertaining to official business of the Board. The first motion was seconded and passed unanimously. The second motion was seconded and passed unanimously. Mr. Manalich informed the Board that he would consult with the County Attorney because, as custodian of the public records under the Public Records Law, it was his opinion that the Valdes and Rodriguez documents would have to remain in the Hispanic Board file as public records. old Business Mr. Jaime Gutierrez presented a field inspection report on Mrs. Lozano's residence located at 5312 Texas Avenue, Naples, FL. (See attached photocopy) Subcommittee Reports Subcommittee reports were not presented at this meeting. Mr. Perez-Benitoa will present his report at the next scheduled meeting. 1. A motion was made to have a meeting every fourth Thursday of the month. 2. To have the meeting held alternatively in Naples/Immokalee at 6:30 and 7:00. 3. To listen to Subcommittee Reports and old business at our next scheduled meeting. All three motions were seconded and passed unanimously. New Business Ms. Gloria Dominguez presented to the Board members a derrogative article about Hispanics in Collier County which was published in the Naples Daily News. (See attached photocopy). Ms. Melinda P. Riddle informed the group that she has addressed this issue. Ms. Mirna Perez suggested that all public speakers should have a time frame for each topic to be discussed. Mr. Frank Rodriguez of "The Hispano" newspaper was of the opinion that public participation is needed and that meeting of the H.A.A.B. should be scheduled in different Hispanic communities. Next Meeting The next meeting of the H.A.A.B at 6:30 p.m., Building F, Third was adjourned at 9:35 p.m. Respectfully Submitted, Gloria E. Dominguez, Secretary Hispanic Affairs Advisory Board Approved by the Board on Eduardo Galvan, Acting Chairman Hispanic Affairs Advisory Board 14257 4 is scheduled for April 23, 1992 Floor Board Room. The meeting 1992 M E M O R A N D U M DATE: April 2, 1992 TO: Gloria Dominguez, Secretary Collier County Hispanic Affairs Advisory Board a. FROM: Ramiro Mahalich, Assistant County Attorney Staff Liaison to Hispanic Board RE: Staff Report at April 2, 1992 meeting The following is a summary of my comments regarding the topic of public records and the materials presented to the Board by Mr. Valdes and Mr. Rodriguez. Section 119.01(1), Florida Statutes, provides that "it is the policy of this state that all state; county and municipal records shall at all times be open for a personal inspection by any person." Section 119.011(1), Florida Statutes, provides that "For the purpose of this Chapter: "public records" means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency." The history of this matter, in summary, is that Mr. Valdes presented a number of documents at the Board's meeting in Immokalee, Florida. At a subsequent meeting, Mr. Rodriguez presented documents in rebuttal to Mr. Valdes' documents. After the documents had been presented to the Board, Mr. Rodriguez requested that the documents not be part of the Board's records. It was this attorney's position that the public records law required that materials presented for consideration by the Board be considered and made part of the recordw of the Board. At that same meeting Mr. Valdes introduced additional documents. It was this attorney's advice that Mr. Rodriguez should be given a final chance at rebuttal and that the Board could then vote to eliminate further discussion on the topics raised by Mr. Valdes and Mr.. Rodriguez. The Board members discussed this matter and voted 4-2 to reject all documents presented. This attorney consulted with the County Attorney regarding the validity of the vote. It appears that Collier County Ordinance No. 91-37 as amended by No. 91-78 requires a 5-person majority for official action to be taken. Consequently, this attorney has reported to the Board that the motion to reject the documents failed.. Gloria Dominguez, Secretary April 2, 1992 Page Two It is the opinion of the County Attorney that Chapter 119, Florida Statutes, requires that the materials presented to the Board as part of its transaction of Board business be considered part of the public record. This attorney further advises that Mr. Rodriguez be given a single opportunity for documentary rebuttal as a matter of fairness. This attorney further advises the Board that it may,adopt, by a vote consistent with Ordinance No. 91-37 as amended by No. 91-78, a policy stating that the Board shall not receive any written materials without a 5-person vote in accordance with Collier County Ordinance No. 91-37 as amended by No. 91-78. The Board may further vote on a policy, if it chooses to do so, that the receipt of written materials presented by any speaker before the Board does not constitute any opinion by the Board on the subject presented. It is the County Attorney's position that the receipt of materials, in accordance with any policy that the Board chooses to adopt, must be reviewed on a case by case basis for relevancy and other considerations. The County Attorney does not believe that it will serve the public interest to engage in "hair-splitting" over acceptance versus non -acceptance of documents presented for consideration by the Board members at a public meeting. Florida Attorney General Robert A. Butterworth in his introduction to the publication entitled "Government in the Sunshine Manual, 1992 Edition, comments regarding the public policy in Florida of open government and states that "Florida is the established leader when it comes to open government and public records. Although other jurisdiction have enacted similar legislation, none has the scope of Florida Statutes." In conclusion, in accordance with the spirit of the Public Records and Open Meetings Law of Florida, I furnish you the foregoing advice. cc: Kenneth B. Cuyler, County Attorney m/dp/4119 N. c NAPLES DAILY I-cWS Fri.,Niar.;, :941 TA LETTERS TO THE EDITOR,. _.. they have a right to keep netting because their forefathers did, or that they were here before anyone else. The Marine Fisheries Commission has shown no resolve in controlling the "clear - cutting" of our waters by netters. Texas and 1 California have banned inshore netting, and it must be banned in Florida while there are still enough fish left to restock their populations. [[ The nets must go! Use a hook and line or hand-held cast -net and you can release alive an untargeted species, instead of killing them all in a net and them sorting out the ones to 4 keep. Gary Scott/Marco Island E-n-g-l+s-h spells h-e-I-p Y Editor, Naples Daily News: So the Republican National Hispanic As- sembly, whose local chairwoman is Rosa Her- nandez, is, moving to Collier County. How very C special. Mrs. Hernandez, as you stated in the arti- cle, "Since we are getting such an influx of Hispanics in the area; we decided that we I needed some representation." That's a super idea. Why don't you represent them right into English classes? r The other day I was standing next to a His - f panic woman who was speaking Spanish to her oung son. Don't these people realize that it's these youngsters who will have to speak En- glish to make something out of themselves in North Arnerica? They should be forcing En- glish down these youngsters' throats, instead of trying to force Spanish down ours. F Can't the Hispanic community see that a t bast majority of the population does not want I to bear that language every place they go and ate starting to revolt against it? Mrs. Hernandez, if you want to help the in- i flux of Hispanics, help them keep their heri- tage, but teach them to speak English. ? 11 LAGNIAPPE: Mrs. Hernandez also states, "We'd like to see more Hispanics running for political office." On top of what we have for -politicians now, 4hey'-vant eto-glve -us Hispanic politicians? eavenhelp us.:.ar^ Dan Goldstein/Naples FIELD INSPECTION REPORT OF THE 5312 TEXAS AVE HOUSE- Hr. 21.00 pm. - ...». Date: February 6,1992 Sunny day and 78 degrees of temperature At the request of the Chairman of the Hispanic Commision Mr Sac Lucio and the members present at the meeting of January 27,1992 I was commisioned to perform a field inspection of the house'Yocaited at 5312 Texas Av. Naples Florida.which belongs to Mrs. Concepcion Lozano and husband and in the present Mrs. Lozano's son and daugther and Mrs. Lozano. Mrs. Lozano indicated the areas in the exterior wall that were affected by the blast at the time that the Sewer Construction Company detonated the dynamite. Horizontal hair lines were detected along the walls on the left side,right side and front of the house. with the approval of Mrs.Lozano, her son and daugther it was requested to perform an indentention through one of the hair lines that was the most visible and with an screwdriver ald a hammer the area of the crak was expanded to reach the concrete wall and no structural failure was observed, the crack lines do not penetrate through the 5/8 plaster wall After pointing out this fact to Mrs. Lozano it was explained to them that no structural danger was evident and that the house was safe to live in and no future concern should he cerried by the Lozanos' family. For purposes of aesthetics and for better appeareance it will be necessary to paint and cure the areas were the hair lines occur. . After listening to the complains that Mrs. Lozano has against the insurance company and as an architect I can only present the construction problems that such detonation might have produce, any further steps should be performed by the professional that is in line with such procedures, in order to have a response from the insurance company. This is all I have to report in favor of Mrs. Lozano's house. ' ncerely J(/�/� aimQ Gutierrez I. IA. P.A. sion menbez jaime r. gutierrez im a r c h i t e c t- p l a n n e r 660 Tamiami trail N Suite 31-D Naples.Florida 33940 Ph. 813 649 5052 a.i.a M E M O R A N D U M DATE: April 2, 1992 TO: Gloria Dominguez, Secretary Collier County Hispanic Affairs Advisory Board FROM: Ramiro Mafialich, Assistant County Attorney Staff Liaison to Hispanic Board RE: Staff Report at April 2, 1992 meeting The following is a summary of my comments regarding the topic of public records and the materials presented to the Board by Mr. Valdes and Mr. Rodriguez. Section 119.01(i), Florida Statutes, provides that "it is the policy of this state that all state, county and municipal records shall at all times be open for a personal inspection by any person." Section 119.011(1), Florida Statutes, provides that "For the purpose of this Chapter: "public records" means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency." The history of this matter, in summary, is that Mr. Valdes presented a number of documents at the Board's meeting in Immokalee, Florida. At a subsequent meeting, Mr. Rodriguez presented documents in rebuttal to Mr. Valdes' documents. After the documents had been presented to the Board, Mr. Rodriguez requested that the documents not be part of the Board's records. It was this attorney's position that the public records law required that materials presented for consideration by the Board be considered and made part of the records of the Board. At that same meeting Mr. Valdes introduced additional documents. It was this attorney's advice that Mr. Rodriguez should be given a final chance at rebuttal and that the Board could then vote to eliminate further discussion on the topics raised by Mr. Valdes and Mr. Rodriguez. The Board members discussed this matter and voted 4-2 to reject all documents presented. This attorney consulted with the County Attorney regarding the validity of the vote. It appears that Collier County Ordinance No. 91-37 as amended by No. 91-78 requires a 5-person majority for official action to be taken. Consequently, this attorney has reported to the Board that the motion to reject the documents failed. Gloria Dominguez, Secretary April 2, 1992 Page Two It is the opinion of the County Attorney that Chapter 119, Florida Statutes, requires that the materials presented to the Board as part of its transaction of Board business be considered part of the public record. This attorney further advises that Mr. Rodriguez be given a single opportunity for documentary rebuttal as a matter of fairness. This attorney further advises the Board that it may adopt, by a vote consistent with Ordinance No. 91-37 as amended by No. 91-78, a policy stating that the Board shall not receive any written materials without a 5-person vote in accordance with Collier County Ordinance No. 91-37 as amended by No. 91-78. The Board may further vote on a policy, if it chooses to do so, that the receipt of written materials presented by any speaker before the Board does not constitute any opinion by the Board on the subject presented. It is the County Attorney's position that the receipt of materials, in accordance with any policy that the Board chooses to adopt, must be reviewed on a case by case basis for relevancy and other considerations. The County Attorney does not believe that it will serve the public interest to engage in "hair-splitting" over acceptance versus non -acceptance of documents presented for consideration by the Board members at a public meeting. Florida Attorney General Robert A. Butterworth in his introduction to the publication entitled "Government in the Sunshine Manual, 1992 Edition, comments regarding the public policy in Florida of open government and states that "Florida is the established leader when it comes to open government and public records. Although other jurisdiction have enacted similar legislation, none has the scope of Florida Statutes." In conclusion, in accordance with the spirit of the Public Records and Open Meetings Law of Florida, I furnish you the foregoing advice. 1, cc: Kenneth B. Cuyler, County Attorney mt/dp/4119 DATE: TO: FROM: M E M O R A N D U M April 2, 1992 Gloria Dominguez, Secretary Collier County Hispanic Affairs Advisory Board Ramiro Manalich, Assistant County Attorney Staff Liaison to Hispanic Board RE: Staff Report at April 2, 1992 meeting The following is a summary of my comments regarding the topic of public records and the materials presented to the Board by Mr. Valdes and Mr. Rodriguez. Section 119.01(1), Florida Statutes, provides that "it is the policy of this state that all state, county and municipal records shall at all times be open for a personal inspection by any person." Section 119.011(1), Florida Statutes, provides that "For the purpose of this Chapter: "public records" means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency." The history of this matter, in summary, is that Mr. Valdes presented a number of documents at the Board's meeting in Immokalee, Florida. At a subsequent meeting, Mr. Rodriguez presented documents in rebuttal to Mr. Valdes' documents. After the documents had been presented to the Board, Mr. Rodriguez requested that the documents not be part of the Board's records. It was this attorney's position that the public records law required that materials presented for consideration by the Board be considered and made part of the records of the Board. At that same meeting Mr. Valdes introduced additional documents. It was this attorney's advice that Mr. Rodriguez should be given a final chance at rebuttal and that the Board could then vote to eliminate further discussion on the topics raised by Mr. Valdes and Mr. Rodriguez. The Board members discussed this matter and voted 4-2 to reject all documents presented. This attorney consulted with the County Attorney regarding the validity of the vote. It appears that Collier County Ordinance No. 91-37 as amended by No. 91-78 requires a 5-person majority for official action to be taken. Consequently, this attorney has reported to the Board that the motion to reject the documents failed. Gloria Dominguez, Secretary April 2, 1992 Page Two It is the opinion of the County Attorney that Chapter 119, Florida Statutes, requires that the materials presented to the Board as part of its transaction of Board business be considered part of the public record. This attorney further advises that Mr. Rodriguez be given a single opportunity for documentary rebuttal as a matter of fairness. This attorney further advises the Board that it may adopt, by a vote consistent with Ordinance No. 91-37 as amended by No. 91-78, a policy stating that the Board shall not receive any written materials without a 5-person vote in accordance with Collier County Ordinance No. 91-37 as amended by No. 91-78. The Board may further vote on a policy, if it chooses to do so, that the receipt of written materials presented by any speaker before the Board does not constitute any opinion by the Board on the subject presented. It is the County Attorney's position that the receipt of materials, in accordance with any policy that the Board chooses to adopt, must be reviewed on a case by case basis for relevancy and other considerations. The County Attorney does not believe that it will serve the public interest to engage in "hair-splitting" over acceptance versus non -acceptance of documents presented for consideration by the Board members at a public meeting. Florida Attorney General Robert A. Butterworth in his introduction to the publication entitled "Government in the Sunshine Manual, 1992 Edition, comments regarding the public policy in Florida of open government and states that "Florida is the established leader when it comes to open government and public records. Although other jurisdiction have enacted similar legislation, none has the scope of Florida Statutes." In conclusion, in accordance with the spirit of the Public Records and Open Meetings Law of Florida, I furnish you the foregoing advice. > n cc: Kenneth B. Cuyler, County Attorney im/dp/4119