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Home My WebLink Aboutcocc_bedb_ppt_20230817Business and Economic Development Board City of Cape Canaveral Anthony Garganese, City Attorney Garganese, Weiss, D'Agresta, Et Salzman August 17, 2023 GARGANESE WEISS D'AGRESTA & SALZMAN Awc..FOKN Ys Ar LAW 1,111111111111111111 ! Brief Outline Role of the BED ► Community Redevelopment Act ► Community Redevelopment Plan ► Sunshine; Public Records; Ethics 0000 Dual Advisory Role of the BED Board 1. Citizen Advisory Committee - Business and Economic Development 2. Community Redevelopment Advisory Board 1,111111111111111111 ! Business and Economic Development Advise the City regarding: 1. Implementation of economic and business development policies 2. Development of commerce a. Encourage high value business investment and job creation b. Identifying barriers to economic development for desired businesses and creation of economic incentives 3. As requested, act as liaison related to public relations (Chamber; Port; EDC, etc.) 4. Actions to develop and implement development of City's commerce 5. Timely and appropriate recognition of new commercial activity 6. Cooperate and provide aid and advice to community groups dedicated to commercial expansion 7. Generally encourage development of business, commerce, industry and tourism 8. Investigate sources of financial assistance from governmental and private sector (foundations) 9. Review merits of ad valorem tax exemption applications (Expired) 1111111'1'11111111111111111111 III Me WIIIflM1 °° °1 1P J �f l�W�uuuuu mllP° � � 1,11111111111 1,111111111111111111 Community Redevelopment Provide advice and recommendations to the Community Redevelopment Agency: 1. Modification of the Community Redevelopment Plan 2. Such other duties and responsibilities formally delegated by the CRA Board related to implantation of the community redevelopment plan. 1,111111111111111111 ! Community Redevelopment - Simplified ► Community Redevelopment Agency (CRA) is a special district established by the City in 2012 under the Florida Community Redevelopment Act of 1969 ► Primary purpose of the CRA: 1. Prevention and elimination of Slum Et Blight 2. Preservation or enhancement of the Tax Base ► CRA must act within a defined geographical area - CRA Area ► CRA must perform "community redevelopment" undertakings, activities and projects and "related activities" within CRA Area ► Related activities include: planning work, acquisition and disposal of property, affordable housing, community policing ► Must adopt a Redevelopment Plan ► Redevelopment Trust Fund and Tax Increment Financing (TIF) 1111111111111111111 City of Cape Canaveral Redevelopment Plan Business and Development Assistance ► Partnership opportunities with the City in CRA Area - formulate, finances and implement economic development strategies to stimulate economy ► Improvement and Beautification Programs (facade, sign replacement, landscape/sprinkler upgrades) ► Incentive Fund ► Investigate low interest loan pool with local banks ► Redevelopment waivers and incentives ► Impact fee assistance ► New business rent assistance ► Job creation Bonus program ► Flexible zoning and LDRs ► Rehab and Repurpose Existing Buildings ► Site preparation (demolition/removal of obsolete structures) 1,111111111111111111 City of Cape Canaveral Redevelopment Plan Catalyst Projects ► PPP - land assembly, site prep, public facility and infrastructure improvements, grants etc. ► Public Parking Facilities ► Shared Stormater Retention ► Property Acquisition ► Town Center Project 1,111111111111111111 ! City of Cape Canaveral Redevelopment Plan Public Improvements to provide necessary public facilities ► Utilities ► Parks, Recreation, Open Space and Beautification Opportunities ► Streetscape Improvements ► Roadway Improvements ► Wayfinding signage ► Pedestrian and Bicycle Mobility ► Stormwater Management Planning Studies related to redevelopment initiatives City of Cape Canaveral Redevelopment Plan Marketing, Special Events and Administrative ► Branding and Marketing ► Business Recruitment ► Special Events ► CRA Staff and Consultant Support ► Community Redevelopment Plan and Updates Interlocal Agreements Community Policing Innovation Activities ► Creating, financing and implementing crime prevention strategies Development of Short and Long Term Project Schedules 01'„1` 110 1111` 1,11111111111111111111111 d' NM �JJP iuumui unn 1111111111111111111 Government in the Sunshine ► Section 286.011, Florida Statutes, provides: "All meetings of any board of commission of any state agency or authority of any agency or authority of any county or municipality...at which official acts are to be taken are declared to be public meetings." ► Could be rephrased as follows: "Any communication between two members of the same board on any matter which may reasonably or foreseeably come in front of the board must take place at a time and place of which the public has reasonable notice and location where the public has reasonable access." ► Minutes of the meeting must be taken ► Boards may not take action on or engage in private discussion of board business via written correspondence, emails, text messages, or other electronic communications (Facebook). 1,1111111111111 V®111 11111 Government in the Sunshine ► Email communication of information from one board member to another may not violate the Sunshine Law if there is no interaction related to the report, but circulating "position statements" is highly discouraged and may pose other procedural due process concerns. ► Sunshine Law does not prohibit board from taking action on an item not on the agenda, but other procedural due process concerns or code requirements regarding notice may be implicated. ► Public Comment. Members of the public shall be given a reasonable opportunity to be heard on a proposition before a board or commission. The opportunity to be heard need not occur at the same meeting at which the board or commission takes official action on the proposition if the opportunity occurs at a meeting that is during the decisionmaking process and is within reasonable proximity in time before the meeting at which the board or commission takes the official action. ► The opportunity does not apply to a meeting during which the board is acting in a quasi-judicial capacity (though would not affect right of person to be heard as otherwise provided by law) ► The opportunity does not apply to an official act that is ministerial, such as approval of minutes ► Abstention from Voting. Sunshine Law requires voting, unless there is or appears to be a possible conflict of interest OR, in a quasi-judicial proceeding, a member may abstain if the abstention is to assure a fair proceeding free from potential bias or prejudice 1111111'1'111111111111111111111 HI 1f 1 111,11,11,uuu°° mIIP° 1'1 1 1,11111111111 1111111111111111111 Government in the Sunshine ► Penalties for violation of Sunshine Law: Criminal misdemeanor for knowing violation ► Removal from office Noncriminal infraction - fine not exceeding $500 ► Reasonable attorneys fees assessed Final action taken is void 1,111111111111111111 ! Public Records ► Municipal records are to be open for personal inspection and copying by any person. Providing access to public records is a duty of each agency. Sec. 119.01(1), F.S. ► "Public records" means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. Sec. 119.011(12), F.S. ► Includes electronic databases and files, emails, Facebook posts, texts, and tweets ► Records must be retained in accordance with records retention schedules ► There is no requirement that requests for records must be in writing or in a particular form; let the city clerk know immediately if you believe you have received a request for records. Records must be produced within a reasonable time. 1111111'1'1111111111111111111 III V®111 11111 Code of Ethics (Chet. 112, F.S.) ► BED Members are considered "public officers" - includes elected and appointed officials ► Cannot solicit or accept anything of value, such as a gift, loan, favor, or service given for the purpose of influencing votes or actions ► Cannot do business with one's own agency, i.e., sell, lease or rent property, goods or services to the City ► Cannot use position to secure a special privilege or benefit ► Cannot hold conflicting employment or contractual relationship, i.e, cannot have contractual relationship or be employed by an agency or business entity that does business with the City and cannot have contractual relationship or employment that will create a continuing or frequently occurring conflict of interest ► Cannot misuse privileged information ► Cannot appoint, employ, promote, or advance relatives ► Cannot vote on any measure which would inure to the special private gain or loss ► Must disclose personal interests, financial interests, clients represented, contributions and honoraria ► Penalties include removal from office, censure, restitution and civil penalty up to $10,000 z V®111 11111 Voting Conflicts (Sec. 112.3143, F.S.) ► No municipal or other local public officer shall vote in an official capacity upon any measure which would inure to his or her special private gain or loss OR to the special private gain or loss of: ► A principal by whom the officer is retained (e.g., employer or clients) ► To the parent organization or subsidiary of a corporate principal by which the officer is retained ► A relative or business associate of the officer (father, mother, son, daughter, husband, wife, brother, sister, father-in- law, mother-in-law, son-in-law, daughter-in-law; but may extent broader to other relatives such as brother-in-law if the benefit would impact a relative such as sister). (Note that measure affecting relative's employer may also create a conflict) ► Special private gain or loss = economic benefit or harm ► Impact of nearby development? Too remote or speculative? ► Before the vote is taken, officer shall publicly state to the Board the nature of the interest in the matter from which he or she is abstaining and within 15 days after the vote occurs, disclosure the nature of the interest as a public record in a memorandum filed with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum into the minutes ► No appointed officer shall PARTICIPATE in any manner that would insure to the special private gain or loss of any of the persons or entities listed above without first disclosing the nature of the interest. ► If interest is not given to person responsible for recording minutes BEFORE the meeting, disclosure must be made orally at the meeting when it becomes known that a conflict exists. Memorandum must be filed 15 days after. ► Voting conflict is analyzed separately from procedural due process and impartial decision maker standard 1111111111111111111 011111111111111111111111 1111l111110uWi'^ as QUESTIONS I YI Il11llp1ll'II'1II IIII uugpuu!uulllljil;ll,IIIIIIIIIIIuulu1[1111 Plllllhl,;m rr,r IMII illuuuu pl ii"i '1r III'�I��iilNlll'P1;9�" VI„ �Ilgi0/1IIIP�I�uulluWWlloWl' �,V00II I,I„I, �'�IIh��11111111��1tl,�. +a+, wor duile 00~ �.w 1I mi„' 1uuVlu'VI, [P I'if;°dl'060:[„'0,l00;IuiO4,V'�0V00,00:0,0iyi00000 �III0000�'I0'illlij'rl;'i 10:0I; 11 111 0ll01111010l111111lll " " '11u11ll11111 V�'m['�M;'VVP lI'II'„/i„ uulpl I'uipI i'p ;�,Rh ii°I ; 1 111 I[RI@ pj11 �q Il 1 III l�Il"III' �1111 Ill�'MolIlllw��l lllllllllllllllVllil ',„ 1II,1110 VI11111101 I "1 , , i G 1fD0 1 0uiIIIIIIIIII11III