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BCC Minutes 11/14/2003 W (w/CRA & CRA Advisory Boards) November 14, 2003 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY Naples, Florida, November 14, 2003 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 8:30 a.m. in SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Fred Coyle Jim Coletta Donna Fiala Frank Halas Tom Henning Bayshore/Gateway Triangle Committee Members Present: Bill Neal, Chairman, Peter Van Arsdale, Phil McCabe, Bill Meats, Mike Valentine, Ron Fowle, Sharon King, Chuck Gunther ALSO PRESENT: Aaron Blair, JeffKlatzkow, Joe Schmitt, Stan Litsinger Linda Jackson, Randall Cohen COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY AGENDA NOVEMBER 14, 2003 8:30 A.M. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS 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 TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. 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 DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. Page 1 November 14, 2003 PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA BRIEF ADDRESS (3 MINUTES) FROM THE BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD CHAIRMAN - BILL NEAL. BAYSHORE/GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA ITEMS Ae TO APPROVE THE INCREASED FUNDING IN THE AMOUNT OF $20,000 FOR THE SITE IMPROVEMENT GRANT AND $12,000 FOR THE IMPACT FEE ASSISTANCE GRANT PROGRAMS AS RECOMMENDED BY THE BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD, APPROVE THE ATTACHED BUDGET AMENDMENT REQUEST FOR THE TWO GRANT 'PROGRAMS, AND AUTHORIZE THE COUNTY ATTORNEY AND STAFF TO DRAFT ANY NECESSARY AGREEMENTS, ORDINANCES, OR RESOLUTION LANGUAGE. Be APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 03-3473 IN THE AMOUNT OF $337,466.00 FOR PLANNING SERVICES TO BE PROVIDED BY HDR, INC. FOR A COMPREHENSIVE ZONING OVERLAY FOR THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA AND ANY NECESSARY BUDGET AMENDMENTS. Ce TO APPROVE A BUDGET AMENDMENT OF $2,000 FOR THE EXPENDITURE OF MONIES FROM FUND 187- BAYSHORE/GATEWAY TRIANGLE FOR EXPENSES RELATED TO THE BAYSHORE CHRISTMAS WALK ART FESTIVAL. De ADVISORY BOARD RECOMMENDATION TO APPROVE THE CREATION OF A POSITION AND THE APPOINTMENT OF AN EXECUTIVE DIRECTOR TO CONDUCT THE BUSINESS OF THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA, THE PREPARATION AND IMPLEMENTATION OF REDEVELOPMENT PLANNING PROJECTS AND INITIATIVES OF THE Page 2 November 14, 2003 BAYSHORE/GATEWAY TRIANGLE CRA DISTRICT, AND AUTHORIZE THE COUNTY ATTORNEY AND STAFF TO DRAFT ANY NECESSARY AGREEMENTS, ORDINANCES, RESOLUTION LANGUAGE, OR BUDGET AMENDMENTS. Ee PURSUE SPECIAL LEGISLATION AMENDING SECTION 163.356 SUCH THAT ANY COUNTY WOULD BE PERMITTED TO ESTABLISH MULTIPLE CRA BOARDS WITHIN ITS BOUNDARIES, AND AUTHORIZE THE COUNTY ATTORNEY AND STAFF TO DRAFT ANY NECESSARY AGREEMENTS, ORDINANCES, OR RESOLUTION LANGUAGE THAT PERTAINS TO THE DIRECTION GIVEN. Se BRIEF ADDRESS (3 MINUTES) FROM THE IMMOKALEE LOCAL REDEVELOPMENT ADVISORY BOARD CHAIRMAN - FRED THOMAS. 6. IMMOKALEE REDEVELOPMENT AREA ITEMS Ae TO APPROVE A BUDGET AMENDMENT OF $49,000 FOR THE EXPENDITURE OF MONIES FROM FUND 186-IMMOKALEE REDEVELOPMENT FOR REIMBURSEMENT TO THE IMMOKALEE CDC FOR MONIES SPENT ON AN ECONOMIC INCENTIVE STUDY FOR THE IMMOKALEE AREA PREPARED BY ROBERT CHARLES LESSER & CO., LLC. Be TO APPROVE A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY (CRA) OF COLLIER COUNTY RECOMMENDING THE BOARD OF COUNTY COMMISSIONERS AMEND THE REDEVELOPMENT PLAN APPLICABLE TO THE CRA TO AUTHORIZE THE USE OF SPECIFIED TAX INCREMENT FINANCING FUNDS FOR QUALIFYING DEVELOPMENTS PARTICIPATING IN THE IMMOKALEE RESIDENTIAL IMPACT FEE DEFERRAL PROGRAM, FEE PAYMENT ASSISTANCE PROGRAM, OR TAX STIMULUS PROGRAM. 7. ADJOURN INOUIRIES CONCERNING CHANGES TO THE CRA'S AGENDA SHOULD BE MADE TO THE CRA OFFICE AT 403-2300. Page 3 November 14, 2003 November 14, 2003 CHAIRMAN COYLE: CRA board is in session. (Pledge of Allegiance recited in unison.) CHAIRMAN COYLE: Okay. With respect to the agenda, do we have any changes to the agenda, County Attorney? MR. KLATZKOW: None that I know of. CHAIRMAN COYLE: Okay. How about members of the board? COMMISSIONER COLETTA: Yes, if I may, I have a conflict today where I'm going to have to leave for the Salvation Army Kettle Drive. I hope it doesn't inconvenience this board in any way. I'm scheduled to be there at 9:30, so if I leave about 20 after nine, I probably can make it in time. The reason I'm bringing this up at this time is I hope that we might be able to give consideration to the Immokalee element in that period of time. CHAIRMAN COYLE: Okay. Any objection with other members of the board to considering the Immokalee issues first? Very well. Anything else? Any other member of the board have changes? No. Okay. Mr. Neal. Mr. Neal. MR. NEAL: Yes. Item #2 ADOPTION OF THE AGENDA-ADOPTED CHAIRMAN COYLE: We are getting ready to adopt the agenda. Would you like to go ahead and introduce the agenda item that you would wish to be considered today? MR. NEAL: Yes, I would, thank you. I'm Bill Neal. I 2 November 14, 2003 represent the Bayshore/Gateway Triangle-- CHAIRMAN COYLE: We have to get you in that microphone, Bill. MR. NEAL: I'm going to, but I need to pass out something here. CHA)RMAN COYLE' Okay. Item #3 BRIEF ADDRESS FROM THE BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD CHAIRMAN- lqllJl, NFJAI, MR. NEAL: Again, I'm Bill Neal, chairman of the Bayshore/Gateway Triangle Advisory Board. MS. FILSON: Would you like me to pass that out for you? (Commissioner Henning arrived at this time.) MR. NEAL: Would you please. And very quickly, so we can get along with the Immokalee issues, this is the agenda that is presented by your advisory board for the Bayshore/Gateway Triangle. It's an addendum to the agenda you have, because the agenda you have covers the Immokalee area also, which we certainly have jurisdiction over. So I would ask the Chairman, if he would, insert this part of the agenda for the part of the program that we have. CHAIRMAN COYLE: Okay. Mr. Neal, does this include any information that is not available in our packet today? MR. NEAL: Most of the information is available in the package. There may be some discussion about that information in the package. CHAIRMAN COYLE: Fine. Thank you very much. MR. NEAL: Except for, I'm sorry, there should be two 3 November 14, 2003 additions made to this agenda. And if you will add under item 4-4, protection of the TF -- TIF funds from city annexation. We hope we will have time to discuss that. CHAIRMAN COYLE: You wish. MR. NEAL: I hope we do, Mr. Chairman. CHAIRMAN COYLE: We have to vacate the room, I think, at, what, 10:00 a.m. MR. NEAL: Okay. And also a couple of other issues if we have time will be additional CRA board members, and some other issues, if time permitting. So if you would add some of those comments there, I would appreciate it. CHAIRMAN COYLE: Okay. Fine. Thank you very much, Mr. Neal. Board, I would -- I would-- unless you have some objections, I would suggest we adopt this agenda with the proviso that we -- we handle it within the constraints of time we have today, because there is an NPO meeting at ten o'clock this morning. We might have to adjourn without some of these issues being resolved, Bill. So I hope we can get to the important ones. And when we get to that section, if you would tell us what things are most important to you, we can even take them out of order if you wish. MR. NEAL: They're lined up that way, Mr. Chairman. CHAIRMAN COYLE: All right. Very well. Does that meet with the board -- board's approval? COMMISSIONER HENNING: Fine. CHAIRMAN COYLE: Very well. Then I will -- I will ask for a motion -- COMMISSIONER HENNING: So moved -- CHAIRMAN COYLE -- for approval of the entire agenda. COMMISSIONER HALAS: Second. MR. HENNING -- as amended. Okay. CHAIRMAN COYLE: We have a motion by Commissioner 4 November 14, 2003 Henning, and second by Commissioner Halas. All in favor? (Unanimous vote of ayes.) CHAIRMAN COYLE: Any opposed? (No verbal response.) CHAIRMAN COYLE: Okay. Passes unanimously. Okay. The agenda has been adopted. Let's move directly into the Immokalee issues. What agenda items will begin the Immokalee issue, Commissioner Coletta? COMMISSIONER COLETTA: I appreciate that. CHAIRMAN COYLE: Which agenda items would you like? MR. BLAIR: For the record, Aaron Blair. Item #6A BUDGET AMENDMENT OF $49,000 FOR THE EXPENDITURE OF MONIES FROM FUND 186-IMMOKALEE REDEVELOPMENT FOR REIMBURSEMENT TO THE IMMOKALEE CDC FOR MONIES SPENT ON AN ECONOMIC INCENTIVE STUDY FOR THE IMMOKALEE AREA PREPARED BY ROBERT CHARLES LESSER & CO., LLC. APPROVF, D- 5/0 6-A is the first in Immokalee, which is a standard budget amendment. CHAIRMAN COYLE: All right. Does staff have a presentation on that issue? MR. BLAIR: Only if you have questions. It's pretty -- CHAIRMAN COYLE: It's just a budget revision, right? MR. BLAIR: Right. CHAIRMAN COYLE: Any public speakers on this issue? MS. FILSON: Mr. Thomas, you didn't actually put down the 5 November 14, 2003 item you wish to speak on. MR. THOMAS: No, I don't. I haven't seen the agenda, so I'm just here to answer questions. CHAIRMAN COYLE: Okay. Okay. Thank you. COMMISSIONER FIALA: I'd like to make a motion to approve the budget amendment of $49,000. COMMISSIONER COLETTA: And I'll second it. CHAIRMAN COYLE' Okay. Motion by Commissioner Fiala, second by Commissioner Coletta. All in favor? (Unanimous vote of ayes.) Opposed? (No verbal response.) CHAIRMAN COYLE: Unanimously carried. Item #6B CRA RESOLUTION 2003-382; RECOMMENDING THE BOARD OF COUNTY COMMISSIONERS AMEND THE REDEVELOPMENT PLAN APPLICABLE TO THE CRA TO AUTHORIZE THE USE OF SPECIFIED TAX INCREMENT FINANCING FUNDS FOR QUALIFYING DEVELOPMENTS PARTICIPATING IN THE IMMOKALEE RESIDENTIAL IMPACT FEE DEFERRAL PROGRAM, FEE PAYMENT ASSISTANCE PROGRAM, OR TAX STIMULUS PROGRAM- ADOPTFD 6-B, to approve a resolution of the Community Development Agency of Collier County recommending that the Board of County Commissioners amend the redevelopment plan applicable to the CRA to authorize the use of specified tax increment financing funds for qualifying developments participating in the Immokalee residential 6 November 14, 2003 impact fee deferral program, fee payment assistance program or tax stimulus program. Any presentation by staff?. MR. COHEN: Randy Cohen, community planning and redevelopment manager, for the record. The executive summary is pretty straight forward. With respect to why this item needs to transpire, if you have any questions, we would be more than happy to answer them for you. It not, it's your pleasure. CHAIRMAN COYLE: Board have any questions? COMMISSIONER COLETTA: I make a motion for approval. COMMISSIONER HENNING: I'll second that. CHAIRMAN COYLE: Do we have any public speakers? MS. FILSON: Mr. Thomas. MR. THOMAS: Fred Thomas for the record. Thank you for approving that. COMMISSIONER COLETTA: Almost. CHAIRMAN COYLE: We haven't gotten there yet. COMMISSIONER COLETTA: We're almost there. MR. VALENTINE: Positive thinking. CHAIRMAN COYLE: Is there a motion to disapprove? Motion to approve by Commissioner Coletta. Is there a second? COMMISSIONER HALAS: I'd second it. CHAIRMAN COYLE: Okay. Commissioner Halas seconds. All in favor? (Unanimous vote of ayes.) CHAIRMAN COYLE: Passes unanimously. Now, let's go back to the original agenda. Bayshore/Gateway triangle redevelopment agency area items. Mr. Neal, do you want to start? MR. NEAL: Yes, thank you, Mr. Chairman. AUDIO TECHNICIAN: That's not on yet. Couple more minutes. 7 November 14, 2003 Mr. NEAL: My voice is probably loud enough. And with all due respect to Mr. Henning, who came in late, I'm Bill Neal, chairman of your Bayshore/Gateway. COMMISSIONER HENNING: Nice to meet you, sir. MR. NEAL: Good to see you, sir. What we're trying to do today make is this as informal as we can rather than a formal meeting because there are a lot of issues that your advisory committee is working on and we feel like we should share our thoughts with you and hope that you will share your wisdom with us and help us out through some of these things. We'll try to cover very quickly the mundane items, if I may use that word, by having Aaron Blair, who is acting as our managing director, introduce three items we can cover pretty quickly, because the meat of this discussion is down under-- a little farther down on the agenda. So, Aaron. Oh, excuse me, let me do one thing, please. To save time, let -- each one of these members, I hope you will let them have the right to speak up if they'd like to because, again, it's like a work session. So if we can start introducing ourselves, starting, again, with Peter. Peter, if you would please introduce yourself to the -- MR. VAN ARSDALE: Peter Van Arsdale. MR. MEARS: Bill Mears. MR. NEAL: I'm Bill Neal. MR. VALENTINE: Mike Valentine. MR. FOWLE: Ron Fowle. MS. KING: Sharon King. MR. NEAL: Thank you for permitting me to do that. Aaron, if you would take us through the first three items, we'd appreciate it. Item #4A 8 November 14, 2003 APPROVAL OF INCREASED FUNDING IN THE AMOUNT OF $20,000 FOR THE SITE IMPROVEMENT GRANT AND $12,000 FOR THE IMPACT FEE ASSISTANCE GRANT PROGRAMS AS RECOMMENDED BY THE BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD, APPROVE THE ATTACHED BUDGET AMENDMENT REQUEST FOR THE TWO GRANT PROGRAMS, AND AUTHORIZE THE COUNTY ATTORNEY AND STAFF TO DRAFT ANY NECESSARY AGREEMENTS, ORDINANCES, OR RESOLUTION LANGI ~AGE- APPROVED MR. BLAIR: Okay. Item 4-A again is just a standard budget amendment as far as site improvement and impact fee assistance grants, which our second go around has been much, much more successful. We have had 16 applications this time around, and nine of them are being approved. Seven of them were withdrawn because of the amount of funding. So it's just a standard budget amendment. COMMISSIONER FIALA: Motion to approve. CHAIRMAN COYLE: Is there a second? COMMISSIONER HENNING: Second it. CHAIRMAN COYLE: Any discussion? Any public speakers on this? MS. FILSON: No, sir. CHAIRMAN COYLE: on any issue? MS. FILSON: No, sir. CHAIRMAN COYLE: favor? (Unanimous vote of ayes.) CHAIRMAN COYLE: (No verbal response.) CHAIRMAN COYLE: Okay. Do we have any public speakers Okay. That will save some time. All in Any opposed? Passes unanimously. 9 November 14, 2003 THE COURT REPORTER: Mr. Chairman, who was the second by? CHAIRMAN COYLE: The second was by Commissioner Halas. Item #4B PROFESSIONAL SERVICES AGREEMENT NO. 03-3473 IN THE AMOUNT OF $337,466.00 FOR PLANNING SERVICES TO BE PROVIDED BY HDR, INC. FOR A COMPREHENSIVE ZONING OVERLAY FOR THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA AND ANY NECESSARY BUDGET A MF, NDMF, NT,q_ APPROVF, D MR. BLAIR: Okay. Item 4-B is a professional services agreement. The advisory board's looking for approval of this agreement. Basically, it's for comprehensive zoning overlay for the entire redevelopment area. You can see the sum of the agreement. And if you have any more questions, there's someone here from purchasing. And I believe there's speakers from the planning department on this issue. CHAIRMAN COYLE: Does the board have any requests or do you want to hear the speakers first? COMMISSIONER FIALA: You say 4-B? I have 7-B. Is that -- what page is this on? CHAIRMAN COYLE: Page ten. MR. BLAIR: Seven -- 7-B is the original executive summary that created these grants, in case there was questions on when they were created. COMMISSIONER FIALA: Thank you. CHAIRMAN COYLE: Does the board have any questions at the present time or would you rather listen to the presentations? 10 November 14, 2003 COMMISSIONER HENNING: Yeah, let's hear from our staff. CHAIRMAN COYLE: Okay. Who are we going to hear from? MR. COHEN: You're going to hear from Mr. Stan Litsinger, comprehensive planning director. CHAIRMAN COYLE: Okay. MR. LITSINGER: Good morning, Mr. Chairman, our guest body gathered here. I see one of my old dear friends, Mr. Neal. Haven't spoken to him in some time. MR. NEAL: Hello, Stan. MR. LITSINGER: I just want to introduce a consideration into your deliberations on the negotiated contract for the zoning overlay product. The amount of money is $363,000. Admittedly, we have reconstituted our planning department and our functions here in the last several months, but I would just propose for your consideration the opportunity to look at whether this function can be done for a lot less money in-house. Quite frankly, for $363,000, I can recruit very specialized talent and employ them for three to four years to do this particular project as the -- for the CRA and also for the Board of County Commissioners. And I would just ask you in your deliberations to consider the alternative of whether the comprehensive planning department would be given an opportunity to come back with an alternative proposal. I understand this is fairly long in the process and we're late, but the amount of money in comparison to some of the other contracts for consulting services we have is quite large. CHAIRMAN COYLE: Stan, you're talking about three sixty-three, $363,000. The executive summary says three thirty-seven. MR. LITSINGER: Well, I misspoke, I'm sorry. CHAIRMAN COYLE: I just thought maybe you were adding -- MR. LITSINGER: Three hundred and some thousand dollars. CHAIRMAN COYLE: Okay. 337,000. 11 November 14, 2003 MR. LITSINGER: Yes, sir. CHAIRMAN COYLE: All right. Thank you. Does the board have questions? COMMISSIONER HALAS: That was my question. COMMISSIONER FIALA: I do have a question. CHAIRMAN COYLE: Commissioner Fiala. COMMISSIONER FIALA: Yes. Awhile back I believe that the advisory board discovered that they really didn't have a plan in place. They thought they had a plan in place, they thought they were moving forward, but low and behold, and I'll just say it right, Peter Van Arsdale brought it to their attention that they didn't have a plan in place and they couldn't move forward without one. Peter didn't say that, the board felt that way. I feel that they're here to advise us what they need and what they want to do with their own TIF funds, so I really would like to hear from them before moving on further. CHAIRMAN COYLE: Okay. Mr. Neal. MR. NEAL: Mr. Chairman, and I hope anyone here feels relaxed enough to chip in with my comments, but it sure would have been helpful and I guess a word nice if the planning department had approached us with this opportunity. We have been discussing this issue, as Ms. Fiala will tell you, months and months about how to get this done as far as our overlay and rezoning is concerned. Our CRA Advisory Board is well into its third year, and we have accomplished so little I think that I'm almost embarrassed to call you guys to a meeting. We need to get our program going. We have gone through the purchasing review for this particular situation. We have interviewed two or three, I think at least two, maybe three organizations to determine which one would fit our needs best. I regret and sincerely regret that this is the first time that we have heard anything from the planning department volunteering to help us save money. And certainly we would like to save the money, and it is our TIF funds that we're talking about, not necessarily the county's 12 November 14, 2003 general fund, as you well know, so I have mixed emotions about accepting this offer, because I have no idea what kind of delay that means. One of the stumbling blocks that we constantly run into is working with the planning department because we're a new board on the -- advisory board on the street. There's no precedent for the county planning department having worked with a CRA Advisory Board. The reason you have two agendas up there today is because they established their own agenda without consulting us. And so as a result of informing you, we feel like we have to take it upon ourselves to create our agenda. As a matter of fact, this meeting had been canceled by someone in the planning department, today's meeting. Only through the insistence of this advisory board through certain individuals in the planning department were we allowed to have this meeting. So there is an unfortunate misunderstanding between the planning department and how it should work with your advisory board and how it should work with the CRA. I have a feeling, I could be wrong, that they look at you as county commissioners rather than a CRA board, and, therefore, they approach you on that kind of issues on this basis. So I have said that, and, again, I have mixed emotions and I would like to have members of our advisory board comment on the process that we have gone through to select this organization. Yes, sir, Mr. Halas. COMMISSIONER HALAS: Do you feel that you have a better rapport with the person that you're considering contacting on the outside to do this? Do you feel that your lines of communication are more open, that you will get a lot more accomplished? MR. NEAL: Well, this concern that we selected worked on the overlay -- Bayshore overlay and has a tremendous amount of 13 November 14, 2003 experience in the county. So we feel like we would save tremendous funds by bringing in somebody that has some experience. So we have worked with this organization, even the planning department did, as long ago as three or four years ago. But, again, I have no reluctance, if the planning department could bring to us the quality of people to do our overlay, if they had the ability, I don't know about it. COMMISSIONER HALAS' Well, ii guess where I'm going with this is, obviously, you said your CRA has been in existence for three years and you felt that you weren't accomplishing a whole lot. So you took it on yourself or your group took it on yourself to go out and request that you have funds set aside so that you could go out and acquire assistance, help, in regards to this manner. So now we're to the point where we're ready to go on and all of a sudden now there's been something else interjected into the plan. I guess where I'm going with this, how do you feel? Since you have worked three years and haven't accomplished anything, you'd want to take another venue, and so what you're looking at is you want to get moving on quickly. And so you feel more comfortable with the person that you have interviewed and wanted to go on with this? MR. NEAL: Yes, and thank you. You said that very eloquently. Not only that, there are a number of items you will hear about this morning where we have sought help from the planning department and as they tell us, they're overloaded with work and I can't deny that, I don't know their work load, but as I said to you before in our last meeting, we've had four different representatives from the planning department to work with us in the last three years. Continuity is not there. We are forced to take the bull by the horns, if I might say that, to get this program going. We are on the -- we're on the verge of accumulating some substantial TIF money, and we want to make sure we have the ability 14 November 14, 2003 and the program to use it the right way. And at that point if anyone else on our committee would like to make a comment, I wish they would. CHAIRMAN COYLE: Miss King. MS. KING: Yes, I wanted to say that I also appreciate Mr-- or Stan's offer. Three to five years is unacceptable to me personally at this time. You know, we have been wading in water for three years and we're prepared to make it, to go forward, to move forward, and we've done all of the leg work in deciding the things that we need to do with this new firm. And I think that to be a little late to come in and offer assistance and slow us up, too, on what we have to do. CHAIRMAN COYLE: Yes, Mr. Mears. MR. MEARS: I would point out that we have been working on this for, I think, a year to get the project put together. And we have done that with the advice and participation of planning services. So further delay just -- I couldn't find acceptable. CHAIRMAN COYLE' Any other comments or questions by the board? COMMISSIONER HENNING: I got a question, is this position, has it already been established who the firm or person is or are we going out for an RFP, request for proposal? MR. NEAL: We've already gone through the process. And, Aaron, why don't you give some details on that. MR. BLAIR: Yeah. We have someone from the purchasing department, if there are questions about the contract, but there was a request for proposal. COMMISSIONER HENNING: That's all I -- MR. BLAIR: Right. Okay. And there was two responses to that. And the firm that was selected is HDR, Inc. They are formerly Landers-Adkins, who did the original redevelopment plan as well, so they have a grasp on the area already. So that's who is being selected is HDR, Inc. 15 November 14, 2003 COMMISSIONER HENNING: Great. That's helpful information for me to make my decision. CHAIRMAN COYLE: State your name for the record, please. MR. GUNTHER: Chuck Gunther. What they're saying is all right. I think we have worked with the planning people. I think one of the problems here is this advisory board as a redevelopment board, the way it's set up, should work independent of the -- basically of the county, independent of the planning board. The planning board should be there as a help, not -- not to guide us. And that's what they have been doing. The only problem I see with this right now, with this contract, I was the only dissenting vote on the picking this one contract. And it was the same people we had the last time at the last plan, and that's the same exact plan that we have no plan now. They come up with a plan that was no plan. And I kind of really feel that's the wrong way to go. Don't go back to the same place you had a problem with before. Other than that, I think they can go the way they want to. CHAIRMAN COYLE: Well, one thing I'd like to do, and, Mr. Van Arsdale, I'll get to you in just a second, but I'd like to avoid getting involved in a debate between the planning department and the advisory board this morning about who did what or didn't do something. I think the important thing is that the advisory board is responsible for making recommendations about how you spend your money. It's our responsibility to make sure that it's done lawfully and that there are good reasons for doing so. I personally would be heavily swayed by the majority opinion, majority opinion, of the advisory board as to how you would like to go. Mr. Van Arsdale. MR. VAN ARSDALE: Thank you, sir. The only comment I'll make is that HDR is essentially a combination of Landers-Adkins and another firm that has much greater expanded capabilities than 16 November 14, 2003 just Landers-Adkins by itself. And also the scope of the contract is much more comprehensive and extensive than the previous work that was done, and that's why we're comfortable with bringing this, essentially the remnants of this same firm back to you. It's really a follow-up. And it helps to have that past history and them being involved. CHAIRMAN COYLE: Thank you. Commissioner Fiala. COMMISSIONER FIALA: After listening to everything the board has to say, and they're our advisory board and it's their dollars, their dollars that they're spending, and if they recommend to us that this is what they want to do, I want to make a motion that we accept their recommendation. COMMISSIONER HALAS: And I will second that. CHAIRMAN COYLE: Okay. I have a motion by Commissioner Fiala, second by Commissioner Halas, and a question by Commissioner Henning. COMMISSIONER HENNING: No, just a statement. I'm going to go along with the motion, but I just want to clarify, these are property tax dollars by the property owners in the overlay. It's not the CRA Advisory Board's money. That's all. CHAIRMAN COYLE: That's a good clarification. There's one thing I would like to clarify and that is the procurement process and the contract resulting from it, we must make sure that these have been done in accordance with our normal recruitment policies. Are you willing to tell us that that was the case? MR. BLAIR: Would you like to speak on this subject? We have followed all of the normal channels of any other contract in the county. MS. JACKSON: Good morning. I'm Linda Jackson from the purchasing department. I'm speaking on behalf of Kelsey Ward who 17 November 14, 2003 this. is out. It went through a standard RFP process, where there was a selection committee. It was publicly posted and the selection committee did agree on it's a standard PSA county contract, and it's all set up and in place. It's itemized. It's got a scope that's very detailed. And just getting on board, it's just a standard contract. There's nothing in there that is anything different than any other PSA agreement. CHAIRMAN COYLE: Okay. Thank you very much. MS. JACKSON: You're welcome. COMMISSIONER HALAS: Mr. Chairman, I have a question. Legal staff, does everything seem to be in the norm then? MR. KI~ATZKOW: Yes. I don't have any objection to any of COMMISSIONER HALAS: Okay. CHAIRMAN COYLE: Now, I would like a clarification on the scope of the overlay. I know that we, when we met -- when I met for the first time with this agency, almost two years ago, I raised the question about an overlay, really a plan, for the triangle itself. And at the time we were proceeding down the path of trying to find a bidder, someone who would take on that -- that particular project and redevelop it. And we apparently didn't have a plan. And I can recall when we were told that we had a plan or we're going to develop a plan, two years ago. And I presume that this particular contract will include, and I hope have a lot of emphasis on the mini triangle itself. Is that true? MR. NEAL: That's true, Mr. Chairman. I think when that issue came up about the mini triangle, it was the initial stages, the embryotic stages of your advisory board and we were sort of handed that project, because it had gone before you before we even were formed. In reflection, we feel like we need to look at the whole area and 18 November 14, 2003 have a plan for the entire area, which includes the mini triangle, but in conjunction with that, mini triangle plus the rest of the area. So your advisory board has said let's back up and do this thing the right way. And that's why it has taken us approximately a year to get all of our ducks in a row to bring to you this program and this firm that we think can do the thing for us. If we have to go back to the planning committee, I don't know how many interviews we'd have to have with the planning department to see who's qualified to do the kind ofjob that we would like done. That's not a negative comment, that's just an observation. But it would throw us behind the bar another six, eight months, perhaps a year. CHAIRMAN COYLE: Okay. Well, I'm sure you understand that if we take this action, then it essentially places the responsibility clearly on the advisory board. MR. NEAL: And that's where we want it, sir. COMMISSIONER HENNING: That's what they want. CHAIRMAN COYLE: Then we have a motion and a second. Any further discussion? All in favor? (Unanimous vote of ayes.) CHAIRMAN COYLE: Any opposed? (No verbal response.) CHAIRMAN COYLE: Carries unanimously. MR. NEAL: Aaron, is there anything else on your part? Item #4C A BUDGET AMENDMENT IN THE AMOUNT OF $2,000 FOR THE EXPENDITURE OF MONIES FROM FUND 187- BAYSHORE/GATEWAY TRIANGLE FOR EXPENSES RELATED TO THE BAYSHORE CHRISTMAS WALK ARTS 19 FESTIVAl,- APPROVED November 14, 2003 MR. BLAIR: Item 4-C, I would like to read a motion that was agreed upon by Bill Neal, the chairman of the advisory board, basically just changing the language a little bit to make this funds for the Bayshore Christmas Walk Art Festival a reimbursable funds. If you'd like I'll just read that motion right now. CHAIRMAN COYLE: Okay. MR. BLAIR: Okay. It's to authorize the expenditure of up to $2,000 reimbursable for promoting and holding of the Bayshore Christmas Walk and approving any necessary agreements and related budget amendment. CHAIRMAN COYLE: Reimbursable for whom? MR. BLAIR: To the holders of the Bayshore Christmas Walk. It's an individual. We didn't spell out the individual's name, but we could do that if it's necessary. This was after speaking with the county attorney's office and they felt that this was an okay recommendation. COMMISSIONER HALAS: I would think we need somebody to be held accountable for, a person. COMMISSIONER HENNING: It might be a relative of ours and we would have to abstain. MR. KLATZKOW: You can identify the individual. MR. BLAIR: We can spell out the individual? MR. KIJATZKOW: Identify the individual. MR. BLAIR: Well, at the meeting it was going to be Nancy Hennigan, is that how you say her name, Commissioner Fiala? COMMISSIONER FIALA: Uh-huh. MR. BLAIR: Nancy Hennigan is going to be the individual that will be submitting our reimbursable forms for this event. COMMISSIONER HALAS: And she will be the person that we 20 November 14, 2003 MR. BLAIR: She is the contact for the festival. She is going to be the person that will submit all reimbursable forms. MR. NEAL: Mr. Chairman, the only glitch here is there was a time -- a time situation where this just cropped up the last few weeks about this festival. And we were going to come to you. The original recommendation was to spend the money and get your authorization. And in their meeting they determined they would go ahead and spend the money if we would try to get it reimbursed. So that's the simple way of putting it, if I might. CHAIRMAN COYLE: And when you say they decided, are we talking about the staff?. MR. BLAIR: There's a -- well, they're not an official association, but what's called the Bayshore Arts Association, who is putting together this Christmas Walk on Bayshore, and the lead on that is this Nancy Hennigan lady. It's just a group of artists that are trying to put together this Christmas Walk. CHAIRMAN COYLE: Miss King, can you shed some -- MS. KING: Yes, I wanted to say that this is the Art Association of Bayshore. It's a newly formed group. It's attempting to launch the arts on Bayshore. And they're calling this festival Up the Creek, Launching the Arts on Bayshore. And they hope that it's going to be an annual event. MR. NEAL: I think we're up the creek right now. MS. KING: They want to grow, you know, and become a member of our community, you know, an active part. CHAIRMAN COYLE: So let me make sure I understand. This organization is putting on this art festival? MS. KING: Right. Correct. CHAIRMAN COYLE: And they've expended $2,000 or need to expend $2,000. MS. KING: They need to. CHAIRMAN COYLE' And you are asking or apparently 21 November 14, 2003 money has already been given to them? MS. KING: No. CHAIRMAN COYLE: Money has not been given. Okay. You're asking for authorization to take $2,000 of TIF funds? MS. KING: Up to $2,000, whatever they cost. CHAIRMAN COYLE: Up to $2,000 of TIF funds and give it to them for this particular event? MS. KING: Right. CHAIRMAN COYLE' Is this an authorized expenditure for TIF funds? Is an event an authorized expenditure? MR. KLATZKOW: I think that although it doesn't fall squarely within anything, it's certainly within the intent of the redevelopment plan, and I don't have any objection to it. CHAIRMAN COYLE: Mr. Van Arsdale, you've had experience with a similar operation and Mr. McCabe on Fifth Avenue. Have you funded any art shows or exhibitions with TIF funds there? MR. VAN ARSDALE: Yeah. Within the Naples CRA we did not. It was never requested or required. But I believe it was certainly within the authority vested to the CRA to sponsor such events. It's a fairly common practice in other CRAs throughout the state. CHAIRMAN COYLE: Do we have a motion? COMMISSIONER HALAS: I will make that motion. CHAIRMAN COYLE: Okay. Motion by Commissioner Halas. Is there a second? COMMISSIONER FIALA: I will second it. CHAIRMAN COYLE: And Commissioner Fiala seconds it, and Commissioner Henning has a question. COMMISSIONER HENNING: I -- I have concerns that -- that we don't set precedents in the future of what the real purpose and intent of this CRA is, and that's the redevelopment of the area. And I hope that we don't get similar requests in the future for such 22 November 14, 2003 expenditures. MR. NEAL: May I comment on it, please? The whole motivation, the whole mission in this area is to improve it. It was declared a blighted area, and people would not build or construct there. It was declared a blighted area because there were few funds that were funneled in by the county to improve it. There's already precedents set. Your MSTU has spent money for banners that are hung all over Bayshore Boulevard as you go down it. So what we think our intent is is to attract people to this area, to improve it. I think that's part of our charter. I think that's part of our mission. And the funds that we spend certainly should be approved by you, but nevertheless if there's anything we can do to bring people to our area, we think we'd like to propose it to you. COMMISSIONER HENNING: And I understand if you would request funds for-- to promote the redevelopment by sending out literature to developers interested in redevelopment, but this sounds more like a Christmas party or a function. That's all. MR. NEAL- And you make a good point. As I said earlier, we should have had this to you before. This is sort of an afterthought. If you'll agree to take this one, we will go ahead and make sure we handle it the right way in the future, if that's acceptable. COMMISSIONER HENNING: Well,I just have concerns, that's all. MR. NEAL: Sure, and I don't blame you. So do we. This is new to us, too. CHAIRMAN COYLE: Commissioner Fiala. COMMISSIONER FIALA: Yeah, I really need to step in here and I probably need the county attorney's advice as well, because I'm on this group. Actually, it's something that I have been trying to spearhead for a number of years, and that is to bring the influence of arts onto Bayshore. I have presented this to the advisory board a 23 November 14, 2003 number of times. They felt it was a great influence, rather than maybe a bar section or something like that. They felt it was good and it would -- it would -- it would work well with the botanical garden at the end of the street. It was an idea. Jerry Volas (phonetic), who is a local artist here in town, Jerry Volas presented the idea to us and said that this is something that they used to do, and it was called Up the Creek years ago. He even produced all of the fliers from 1988, and the local artist that did this. And it just caught fire. A number of us were working on the committee. So first of all, I'm working on the committee. That's why I was hesitant to vote or second it. I didn't know if I was allowed to do that. Certainly it's not anything in my own pocket, but I do own property on Bayshore. So I need to tell you that, a piece of property. But that's number one, and I want to make sure that I'm legal to do anything like this. And the second thing is, what they're trying to do as the redevelopment moves forward, they're trying to design, to influence how that development moves forward. So, Commissioner Henning, you have well placed thoughts. This is indeed part of the redevelopment process, because this is the influence they're trying to -- to instill on Bayshore. CHAIRMAN COYLE: Commissioner Halas. MR. McCABE: Mr. Chairman, just one final comment on that. CHAIRMAN COYLE: Okay. MR. McCABE: I know we have got to get on with the agenda here, but Commissioner Henning has a very a valid point, and you need to be concerned about how this money is spent and the taxpayers over there, too. And we don't use any TIF money on Fifth Avenue because now Fifth Avenue is so successful and our events are so successful we actually cash flow positively, have a positive cash flow. And we're 24 November 14, 2003 hoping that in years to come on Bayshore that's exactly what will happen. I think it unlikely we will be back next year requesting the $2,000. CHAIRMAN COYLE: Commissioner Halas. COMMISSIONER HALAS: That's exactly where I was going to lead my conversation to, and that's the fact that this is an area that was blighted, and you're trying to encourage people to come down there and shop and see what's going on. And I feel that the $2,000 that is going to be set forth on this will probably reap benefits that are -- will be more than the $2,000. There's probably a lot of people that will go down there and say, you know, this isn't a bad area, maybe I ought to locate my business down here because of the fact that the amount of the price of rent here would be a lot cheaper for me to come in here as a business person and I think you would probably see the same thing that's taking place on Fifth Avenue. And I think that's what, you, the people are trying to generate. So it's -- the $2,000 will be ten fold as far as what it's going to generate for the people in that location. And that's why I look at this as I think it's a beneficial investment in your community. MR. KIJATZKOW: I don't see any conflict, Commissioner Fiala. COMMISSIONER FIALA: Okay. Thank you. Shall I tell you what the $2,000 is being used for? CHAIRMAN COYLE: Are you getting any of it? COMMISSIONER FIALA: No, but I'm certainly spending a lot of time. COMMISSIONER HENNING: I call the motion. CHAIRMAN COYLE: Okay. Let's call the motion. All in favor? (Unanimous vote of ayes.) CHAIRMAN COYLE: Opposed? (No verbal response.) 25 CHAIRMAN COYLE' Item #4D Passes unanimously. November 14, 2003 TO APPROVE THE CREATION OF A POSITION AND THE APPOINTMENT OF AN EXECUTIVE DIRECTOR TO CONDUCT THE BUSINESS OF THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA, THE PREPARATION AND IMPLEMENTATION OF REDEVELOPMENT PLANNING PROJECTS AND INITIATIVES OF THE BAYSHORE/GATEWAY TRIANGLE CRA DISTRICT, AND AUTHORIZE THE COUNTY ATTORNEY AND STAFF TO DRAFT ANY NECESSARY AGREEMENTS, ORDINANCES, RESOLUTION LANGUAGE, OR BUDGET AMENDMENTS- MOTION NOT SECONDED-DIRECTED THE ADVISORY BOARD TO ESTABLISH A BUDGET REGARDING COSTS REI,ATED TO SETTING I~P A POSITION/OFFICE EXPENSES MR. BLAIR: The next item is 4-D, that is the advisory board's recommendation to approve the creation and appointment of an executive director for their redevelopment area. I need to make known, the county manager, Jim Mudd, said he would like to make known that he feels that the executive director, if it is approved, that it should either be two things, a county employee that falls under the county manager's office like most county employees, or a contracted employee, much like Jim Ward in Pelican Bay. And from that I'm going to hand it over to the advisory board to make a -- MR. NEAL: Yeah. And on our agenda, we're trying to cover this. As you will recall, we had this discussion about an executive director at our last meeting. We tabled it because of the CRA issue 26 November 14, 2003 and the conflict of interest and so forth that we talked about as far at the CRA board and the commissioners are concerned. So we're putting it back on the table again, and I would like to ask Mr. McCabe and Mr. Van Arsdale to handle this particular issue for our committee. CHAIRMAN COYLE' Remember to -- remember to -- just remember to state your name for the record as each of you speaks. MR. VAN ARSDALE: Peter Van Arsdale. And we have had an extensive discussion on this aspect within the advisory board, and we feel that the CRA would be best served by having a very strong figure managing our affairs, preparing our budgets, working to develop redevelopment plans. And we think it could best function as the director being an employee of essentially of the CRA and reporting -- the issue really seems to be who the employer reports to. And we feel that he or she could be best managed if it reported essentially directly to the CRA. And we as the advisory board would have really the day-to-day oversight of this person's responsibilities and activities, but we would like to have that direct relationship in place. One of the major concerns frankly is just even the use of the TIF funds. I mean, it's -- the TIF funds have to be used in the redevelopment district. And there's frankly an inherent conflict if the person who has the responsibility to look over these funds at the same time has to report to the county manager, for example, and make -- and certainly have -- have some of those funds possibly be used for greater funds for the general fund for Collier County or other departments. And so we feel that this structure is one that best suits our goals of providing this -- this position. And we think we need -- we also think we need to do something differently than the way we have been doing them, and that's -- that's also one of our thoughts. Essentially at this point we're asking to fund the position, fund a 27 November 14, 2003 certain amount of money for this individual's start-up costs and one of their first tasks would be, in fact, to write a business plan for the -- for the Bayshore/Gateway Triangle District. So that's essentially our reasoning behind this. And we ask for your support on it. CHAIRMAN COYLE: Mr. McCabe, before you start, Commission Henning has a question. COMMISSIONER HENNING: I have concerns, and to give you a parallel of my concerns, is the Collier County Airport Authority and the airport director. We have no say so with that director. It's directly to that advisory board. And I'm not even sure if the ordinance for this Bayshore CRA Advisory Board, if that's part of their charge, whether they can hire and direct a director. MR. KLATZKOW: Commissioner, the-- it's a very interesting issue on several fronts. The statute authorizes the agency, not the advisory committee but the agency itself, to employ the executive director. You can employ an executive director, you can terminate an executive director. So the power would lie within the agency. The problem is the agency really has two areas here, it's both Immokalee and Bayshore, and that you're only allowed one executive director. So that there may come a point in time, whereas at this point the executive director can use all of his time and efforts for Bayshore, that there may be some needed for Immokalee. At that point in time, you cannot say, well, this is the Bayshore executive director. We're going to need another one just for Immokalee. And now you may be talking about assistant directors, you know, to -- and you may be establishing sort of a hierarchy that you may really not want at this point in time. CHAIRMAN COYLE: Commissioner Fiala, you have a question. COMMISSIONER FIALA: Yes, thank you. Being that the two CRAs are so completely different and have different issues and 28 November 14, 2003 different needs, is there a way for us to separate those so that the Bayshore CRA can hire their executive director if they so please, and if we approve, and yet the Immokalee CRA, if they prefer to stay under the umbrella of the county can do that? And I have a second question, also, because we haven't yet from -- when we do hear from this advisory board, who do they want this executive director to answer to? So that's a two-part thing. MR. KLATZKOW: Well, again, the agency itself employs the executive director, it's not the board, an advisory board. It would be you folks ultimately that has the decision-making power in hiring, firing and so forth. COMMISSIONER FIALA: Yes, but I'm saying, can you separate? MR. KIJATZKOW: They can work for-- he -- you can direct -- you can direct that person to devote all of their time towards Bayshore and that's fine. COMMISSIONER FIALA: But if the Bayshore CRA or if the Bayshore TIF funds are paying for this person and they, the advisory board, recommends to us that they want to pay out of their own TIF funds, isn't there a way to separate that so that the Immokalee TIF funds can be used the way they so please? MR. KIJATZKOW: Yeah, I think it's a fair-share issue. If the full time and efforts of this individual are going to be applied to Bayshore, then the Bayshore TIF funds should be used to compensate this individual. Where you may run into problems is down the road if all of a sudden Immokalee decides they also need an executive director, now you may have -- the person may have to split at that point in time from the fair-shared standpoint. If 80 percent of the time is for Bayshore and 20 percent of the time is for Immokalee, you do the same thing with the TIF funds. 29 November 14, 2003 COMMISSIONER FIALA: But you haven't answered my question yet. MR. KLATZKOW: Maybe I just didn't understand it. COMMISSIONER FIALA: Or maybe I'm Not asking it very clearly. What I'm saying is can you put -- split those CRAs. You're saying there's only one executive director allowed for a CRA. MR. KLATZKOW: Correct. COMMISSIONER FIALA: But we're talking about this CRA advisory or agency overseeing two separate CRA groups -- MR. KI.ATZKOW: That's correct. COMMISSIONER FIALA: -- who collect two separate pots of TIF funds. MR. KLATZKOW: That's correct. COMMISSIONER FIALA: Can those -- can we split? MR. KLATZKOW: No. No, not under the current. CHAIRMAN COYLE: Go ahead. MR. MEARS' The section of the law I understand that you're looking at is 356. And 3-C in that very clearly says you can have one executive director. But it permits you to have multiple technical experts, multiple agents, multiple employees, and so on. So if we call them a managing director instead of an executive director and apply a hundred percent of the time and a hundred percent of the cost to our activities, I would think -- MR. KLATZKOW: It doesn't really matter what you call him. Ultimately, the employee is the employee of the agency. MR. MEARS: That's correct. No question. And that's not what we're proposing. MR. KLATZKOW: This employee is going to devote his full time and efforts to your project. MR. MEARS: To this advisory board. MR. KLATZKOW: That's fine, but you can't split -- you can't split the board in two. If you were a charter county, haVing a certain 30 November 14, 2003 population, then you can change it. But at this point in time as the statute reads, just the one board. CHAIRMAN COYLE: Commissioner Halas. COMMISSIONER HALAS: Can't you call the person a technical director for Bayshore and a -- MR. KLATZKOW: You can call the person anything. COMMISSIONER HALAS: -- technical director for Immokalee? Pardon? MR. KLATZKOW: You can do that, sir. COMMISSIONER HALAS: You can have one figurehead that's -- that would be the director of the CRA for this. In other words, your chain of command would be the executive, and then down from that would be for each of the CRAs would be a technical director. MR. KLATZKOW: Yes, sir, you could do that if you chose. CHAIRMAN COYLE: Let me see if I can simplify this process. This is getting a bit complex for me. We just approved the expenditure of $337,000 or so for hiring a consultant. MR. MEARS: Correct. CHAIRMAN COYLE: Why can't we approve $85,000 or so for you to hire a contractor or consultant that manages your project for you, and doesn't work for us? We approve the expenditure, of course, but that person would work for you. MR. NEAL: And report to us. MR. McCABE: The point that Commissioner Fiala was making about working for us or working for Immokalee is a very important issue, because we actually have looked at the opportunity of splitting and developing two CRAs in our county. And if we hire our own executive manager, we -- we could share that manager with Immokalee, only it's time. We need somebody full time. And then perhaps Immokalee could pay their share of that salary and those expenses. But it's just not functional. 31 November 14, 2003 We need a full-time person working for the CRA, which is very, very large. And your staff, your planning department, is doing a fine job. They're overwhelmed. And we have Aaron over here who's giving us a lot of time, and we're paying for that. But what we have found, and I'm brand new to the board, I think what we have found is that we need more focus, we need more dedicated concentration of one full-time person, salaried, working for us directly. Now, as far as how we structure that, whether he is working under your county manager or whether we subcontract them out, I think those are details that we can -- we can work with. But I think the most important issue here is that we get somebody on board full time. And, in my opinion, we can bring somebody on board full time, and I think he will make us a lot of money. I think that person, we may give them a salary of 50 or 60 thousand dollars, and there are other expenses along with that, which we've incorporated into our budget, by the way. We're now reviewing our budget every month. CHAIRMAN COYLE: Commissioner Halas. COMMISSIONER HALAS: I hope we're not getting too far away from what I think we're trying to address here. We're going to have an executive director of the CRA, who should report directly to the county manager. And then under that would be a technical person. You can call him whatever you want, but that technical person would work for you full time, and ihe would answer to the director. And the same thing would take place if they had a technical director for Immokalee. He would answer to that executive man, who then in turn answers directly to the county manager. Am I right? CHAIRMAN COYLE: No, I don't think that's what they're saying. MR. MEARS: Across the state there are numerous counties who have executive directors' who report to the CRA board. They're integrated into the county structure for purposes of benefits, and, I 32 November 14, 2003 guess, they probably get seniority within the county. But functionally they work for the CRA, because the intention is for the CRA to be separate from the county. Your responsibilities as the CRA are separate from your responsibilities for the county. Now, our request, as the point was well made by Commissioner Coyle, could be satisfied just by our hiring a consultant to oversee some very large expenditures that are going to be made. The only issue with that would be the benefits side of things, how can we attract the right kind of experienced employee. Our thought was that the CRA would hire a person, called whatever it needs to be called legally, who would get county benefits, but who would report, from the point of view of job evaluation and day-to-day direction, through the CRA. You can delegate to us day-to-day oversight of the individual, and we report back to you monthly or semi-annually, whatever you choose on that. But what our real effort is is to get an individual who will manage significant expenditures that are uniquely related to our advisory area and who report to you as the CRA board. CHAIRMAN COYLE: Commissioner Henning has -- is going to make a statement. But if you don't mind, Commissioner Henning, let me just make a quick observation. It appears to me, based on an earlier discussion, that your concern is that county staff has not been as responsive to your needs as you would like. So you -- and I don't want to prolong this discussion, but -- but -- so we have authorized a contract for you to hire a consultant to do that work for you. I personally feel uneasy about this board hiring an executive director for whom we are responsible, who will then do work for you and hopefully be responsive to your needs. I don't see much difference between that kind of relationship and the relationship that you have been dealing with already. So I would prefer, my personal opinion, to work out an 33 November 14, 2003 arrangement, and it would be a contract arrangement, where we would authorize the expenditure of the money for you to contract for somebody to do the work that you want them to do for you, with the money that you're responsible for planning the expenditures of. So -- and I still have a fundamental problem sitting here on this board and also sitting on the County Commission essentially performing the same function, but trying to convince people that because we're separate boards it really doesn't make any difference in its arms-length relationship. But that's another philosophical problem we have to deal with. But Commissioner Henning. COMMISSIONER HENNING: I wasn't going to make a statement. I was ready to make a motion. CHAIRMAN COYLE: Oh, okay. Please do. COMMISSIONER HENNING: I make a motion that the CRA hire an executive director, a contract executive director, under the county manager, to assist the advisory board on the redevelopment of the Bayshore/Gateway Triangle. CHAIRMAN COYLE: So you're saying, just for clarification, that this person should be a county employee, reporting to the county manager? COMMISSIONER HENNING: Correct. For the functions of-- to assist the CRA board -- not the CRA board, but the redevelopment of the Bayshore area. CHAIRMAN COYLE: Okay. Is there a second? COMMISSIONER FIALA: I'll second that so that we can discuss that. I want to hear what the CRA board feels about answering to the county manager. MR. NEAL: Well, there's again a conflict of interests between the county manager and what we want to accomplish. We're talking about TIF funds in a particular area. If the county manager has to make a decision whether he will support an operation going in in 34 November 14, 2003 North Naples versus down in our area, I can see all kinds of conflict, just like you as the county commissioners have a conflict with the CRA Board. This is a problem we have with the planning department. They have submitted a budget for a so-called executive director that far exceeds what we have submitted to you, but they have submitted that. You're going to put us in conflict, and we don't want to be put there. You're going to put us in conflict with the same -- with the people that can make us successful, and that is county management and the county planning department. And we don't want to be in conflict with them. But when they have to make a decision about what is best for the county or Bayshore/Gateway Triangle area, I don't know how they separate the two. Now, maybe there's something there that I don't see, but I think this board would certainly almost unanimously agree with the statements I've just made, and you're welcome to speak up. COMMISSIONER HENNING: Let me just say, the motion was to work -- the goal is only to work for the Bayshore redevelopment area, not anything in North Naples. MR. NEAL: I'm sorry, you said reporting to the county manager, and that's what I was addressing. COMMISSIONER HENNING: Well, let me restate that. Is hired by the county and would be a contract employee with the county manager, just like the Pelican Bay MSTU. MR. NEAL: That's -- COMMISSIONER HENNING: My concern is we have lost control of the airport, the airport's authority in Collier County. And this is taxpayers' money that the Board of Commissioners and the CRA decided to keep those monies within this redevelopment area. And I would just like -- I would hate to lose that latitude for elected officials to be directly responsible for taxpayers' money. 35 November 14, 2003 MR. McCABE: Commissioner Henning, if I may, I think it's a reasonable motion, and I would suggest that we give that structure time. And let's do that, give it time for a year and see how it works. COMMISSIONER HENNING: So a one-year contract should be-- MR. McCABE: Yeah. COMMISSIONER HENNING: -- part of my motion. MR. McCABE: And I think we can work within those parameters. We have -- because our goal here is to get somebody on board as quickly as we can so that they can get going on the work that we have ahead of us. There's a lot of work out there, as you can appreciate. And as far as I'm concerned, I think it's a reasonable start. CHAIRMAN COYLE: Mr. Litsinger, do you have something to say? MR. LITSINGER: Yes, Commissioners. I'm starting to feel like the Grinch here. As we outlined in the executive summary, we just felt we had a professional responsibility to not support this recommendation for the number of reasons that we have outlined here, not the least of which it's a duplication of existing resources within your county government. We also have concerns relative to, and you have discussed previously, the issue of the executive director position at the level that these gentlemen are proposing is a very high level position. A contract employee with the skills that they are asking that they be retained is going to cost you in excess of $100,000 per year, with benefits. Then the issue that -- relative to the contract employee that probably needs to be clarified in going forward with recommendations to the Board of County Commissioners and the county manager is the support for this position. Everything from clerical, administrative support, to office space, paper clips, copying 36 November 14, 2003 machines. We have estimated conservatively and using a salary figure for the director that is unlikely to be the reality, of over -- of about $250,000 per year to support this position, in ihat this would be an employee and all of the expenses and support would be through the CRA, not through the county government. I guess the issue is we would recommend, if you are inclined to do this, to look at the direction of, one, establishing an executive director for the entire CRA, including the Immokalee district. And also in the context of this, if you would propose to have an independent executive director's office, which as I understand it, the advisory board is very interested that this executive director operate independent of oversight of the county manager, that you look at the recommendation of reconstituting your CRA with a CRA Board that does not consist of the Board of County Commissioners, that is, in fact, an independent entity with TIF revenues and all of the powers associated with the CRA. We just felt we had to make this recommendation to you, because today we have heard, out of the Bayshore/Gateway reserves, you have about $1.2 million in there. Today we have spoken for almost half of that. So we just felt we needed to do bring this into your deliberations, that we feel that the CRA management function can very effectively be managed within the county manager agency, regardless of the organizational location, and that there are current duplication of resources that we will need to address if you go in this direction. Thank you. MR. McCABE: If I may respond to that just for one minute, please. CHAIRMAN COYLE: Mr. McCabe. MR. McCABE: Thank you. I appreciate the planning department you have here and what they're doing. And we want to work with them and we want to cooperate with them. When we hire 37 November 14, 2003 an executive director, we want this executive director to be able to work with them on a cooperative basis as a team. We're all a team here. The numbers that they come up with as far as $250,000, we don't see that. We can hire an employee officially. We all have employees. I have 200 employees, and I just don't see that number of $250,000. I'm sorry. And I -- as far as splitting the time between Bayshore and Immokalee, I mean, it's a good idea only there's just not enough time for this one person to be commuting between Immokalee and here. I think if Immokalee needs an executive director, they should hire one. And they very well may need one. I don't know, I'm not familiar with what's going on out there. And as far as duplication of effort is concerned, the planning department here -- my impression of the planning department here is that they're overwhelmed with what they have to do. And if we can pull away from them those responsibilities that we want to manage directly ourselves, it will give them, their staff, more time to focus on other county responsibilities. MR. NEAL: Mr. Chairman, what we have a problem with is whether you're wearing your commissioner hat or your CRA hat. And I say that in all due respect. We have a hard time separating those two things when you're making observations about how we spend our money, because as commissioners you certainly do have the fiduciary responsibility about how that taxpayer money is spent. Your CRA board is supposed to make recommendations to you as commissioners about how they spend the money. Now you're talking about this set up. Next on our agenda is how the CRA Board should be set up. That's the last item that we wanted to get to. And, yes, there is a vehicle. There is a way to separate these two boards, but we're kind of getting ahead of ourselves. But the point here is that we need to run the organization for the 38 November 14, 2003 benefit of the funds in the TIF area. The planning department, I don't know where they're going to get the people from to help us. If you try to a -- if you try to get a permit through the planning department now, and I can say this because I'm not a developer in business, it takes you six to eight months. If you will -- if you will look at this agenda prepared by the planning department, there are 12 names on there that that document goes through. And it's a total waste of time and effort. Aaron Blair had to run around and get the signatures for this particular document from the county manager on down. It's a cumbersome process. That's why we submitted to you an agenda from the CRA. This -- and by the way, out of these 12 people, there's only one that's ever attended one of our CRA advisory meetings. And so they haven't put themselves in a position of trying to help us solve our problems. They're volunteering to do it right now, but for three years we haven't heard that kind of help. And I'm not being critical, I'm just making an observation about it. CHAIRMAN COYLE: Commission Halas and then, Joe, I think you wanted to make a statement. COMMISSIONER HALAS' That's where I was kind of leading to. You said the CRA has been in existence for three years. How much money has already been spent on this, and you don't feel that you got your biggest bang for your buck yet? MR. NEAL: My gosh, I don't think -- how much have we spent, Aaron? MR. BLAIR: I don't know, exactly. For the record, Aaron Blair. But I don't know the exact total expenditures. We're working on our budget now to rein it in so we can have a better accountability on funding so that we will be able to really show -- COMMISSIONER HALAS: Me, as a taxpayer, I'm looking to make sure that we get the biggest bang for our buck. And if we're putting money in here and we haven't gotten anything accomplished 39 November 14, 2003 or we don't feel that we received any goals or retained any goals in the last three years, I think it's time that we make -- move on and figure out another way of doing this so that all parties involved in this thing can see that there's something that's going to happen in their dreams. And let's get moving on. And I think if it takes a whole new establishment here, I think that's the way to go. I think we have to think outside of the box and get moving. CHAIRMAN COYLE: Mr. Schmitt, and, Joe, I would like -- I would like to put an end to the battling that's going on between the staff and the advisory board. I think it's counter-productive. Everybody has their opinion. And I think-- but go ahead, please. MR. SCHMITT: For the record, Joe Schmitt, administrator, community development and environmental services division. As Mr. Neal pointed out, I think for the record though, I just want to make sure, there's only three signatures on here and they were all the same day. But I want to make sure you fully understand the direction you're going, and we as staff will have to bring back to you, to the board. You do this every year during the budget process. And part of the budget process is identifying what projects are going to be worked on for that year. This board has yet to identify what they wanted to do during the budget process. I budget $87,000 out of both TIF funds for both Immokalee and for the Bayshore/Gateway. We provide all of the staff support available that we can, based on their needs, based on their desires, with that money. Now, understand, if we're going to move that money to hire a separate staff, that's fine, but unless there are monies to pay for my staff services, or you take it out of the general fund, we will no longer provide that service. So I need to make that clear. Aaron and Randy and his -- his -- his organization will not be able to provide the work in preparing staff summaries or doing -- doing the advertisements, doing those types of things, unless you 40 November 14, 2003 want to have that come out of another fund or they will have to pay for that. We provided what we thought was an estimate of what it would cost if they hire a separate executive director. I have yet to hear anything, and maybe that's the way you want to look at this. If there's an executive director, where will that person work? Will they need IT support, a vehicle, secretarial support? Those are all of the things that we identified in this spreadsheet. That's where we came up with -- with the $243,000. If it were a county employee, counting all of the overhead, fully burdened rate and benefits associated with it, and you got this, you got that sheet -- COMMISSIONER HENNING: May I interrupt you? The motion is for a contract. MR. SCHMITT: If it's a contract employee, I want you to understand that if it's contract, that-- the $87,000 that is currently budgeted to provide for the staff support will no -- we will, based on their desire, if, in fact, this board chooses, the staff will be completely out of the business of providing support to the CRA. COMMISSIONER HENNING: And that's the way I understand what they want. MR. NEAL: The eighty-seven thousand dollar number is something that they recommended for the services that they're providing us, and we agreed to pay it. Right now we're asking for something totally different than that. COMMISSIONER FIALA: You already paid the $87,000? MR. NEAL: Yeah, we paid that. COMMISSIONER FIALA: Yeah, it's not coming out of general funds, just for clarification. MR. SCHMITT: That's in the budget, out of the fund 187, which is the Bayshore/Gateway budget. And I think what we need no clarify is if, in fact, we're going to hire -- we're looking at hiring a separate executive director, then will there be any required support 41 November 14, 2003 from staff or is this something that's going to be clearly supported through -- through-- through the advisory board? And that person will not be housed anywhere within the county, any of the county offices. They will have their own office and they're basically going to be on their own. I think that's -- we haven't -- that's where we need to decide. CHAIRMAN COYLE: Can we have Commissioner Henning restate the motion? COMMISSIONER HENN1NG: Yes. CHAIRMAN COYLE: And then I'm going to call the question. COMMISSIONER HENNING: To clarify it, Jim Ward from the Pelican Bay is -- MR. SCHMITT: About $40,000 a year for that service. COMMISSIONER HENNING: He's a contract employee. MR. SCHMITT: He's a -- COMMISSIONER HENNING: Contract employee. MR. SCHMITT: He's a contract employee, and he -- COMMISSIONER HENNING: And he doesn't have an office MR. SCHMITT: He does not. He is separate and distinct. We provide no support to Jim Ward at all. COMMISSIONER HENNING: And that's the motion. MR. SCHMITT: Okay. COMMISSIONER HENNING: And, you know, the charge is an executive director for this area, this redevelopment area. COMMISSIONER FIALA: What I thought we motioned was to hire a Bayshore/Gateway contract managing director rather than executive director, because we're only allowed to have one for the entire CRA, right? MR. KLATZKOW: That's correct. COMMISSIONER FIALA: So what I thought we motioned was to hire a Bayshore/Gateway contract managing director to be 42 November 14, 2003 paid by TIF funds and take direction from the CRA Advisory Board? COMMISSIONER HENNING: No. COMMISSIONER FIALA: No? CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: No, it was -- like I stated, just like the Pelican Bay MSTBU, it's a contract employee. MR. SCHMITT: And Mr. Ward reports to Jim Mudd. COMMISSIONER HENNING: And -- but the charge is for the Bayshore/Gateway CRA overlay to -- being an executive director for that redevelopment area, but answer to -- to the county manager. COMMISSIONER HALAS: For one year? COMMISSIONER HENNING: Correct. COMMISSIONER FIALA: Let me see -- let me see how the advisory board feels on that. I know I seconded it, but maybe I need to withdraw my second. I don't believe that that's what the advisory board wanted to do. I think they wanted to have this person communicate with the county manager, but report directly to them. MR. NEAL: We're not planting new grounds as far as this managing director is concerned for the CRA. It's done all over the state. So there is precedent for that. And we researched this. I mentioned to you before, we've had a couple folks from the Community Redevelopment Association meeting out of Tallahassee, I guess, could come down and visit us. Now, what we're saying is we would like to find a way to work with the planning department because they're so important to us. But we also want to have our own managing director to watch over the funds that are to be spent in our particular area. And he will have no conflict about recommending where those funds are going to go, because he's only looking at one area. There is a conflict any time you start bringing anybody into the county, into this organization on a reporting basis. So this committee, we're willing to accept a program that we 43 November 14, 2003 have a managing director. And what we're asking the planning department or the county to do is to work like other CRAs, help us establish the fringe benefit program, help us do that. We'll pay the county for all of that. Again, we will give you examples of that whenever necessary. So we're trying to cut out the confusion. Mr. Schmitt, I'm sorry. You know, I hate to even use the word nitpicking, it's beneath me. But there were five signatures rather than three signatures on this thing. And I shouldn't even say that. It belittles the whole -- that's the kind of-- that's the kind of thing that we get involved with. We don't want to be nitpicking with the planning department. We got bigger, bigger grounds to plow than that. Let us have our own manager and we will try to work with the county if they -- if they will work with us. CHAIRMAN COYLE: That's exactly my stance. I am not going to get involved in refereeing a fight between you guys and the staff. MR. NEAL: No, you shouldn't. CHAIRMAN COYLE: There's two sides to every story. And I have a feeling right now that they're both equally valid, because I think there are some valid concerns on the side -- on the side of the staff. But my -- my feeling is that if you have an employee who reports to the county manager, you're not going to have someone who devotes their time entirely to you. It's that simple. It will be no different than the way it is right now. But I'm going to call the question. COMMISSIONER FIALA: Then the CRA Advisory Board, let me just say, do they want this person to report to the county manager or to report -- okay, then I withdraw my second. CHAIRMAN COYLE: Is there a second to Commission Henning's motion? 44 November 14, 2003 Motion dies for failure of a second. We're not discussing this any more. Public comment has been closed, okay. MR. MUDD: This is a legal issue. The contract has to be with the CRA Board, okay, if you're going to do a contract. You can't do it with the sub-committee -- I can't -- they can't do a contract with me. They can only do a contract-- CHAIRMAN COYLE: Wait. We just approved a contract for a consultant to do an overlay, which will be with this board. But it will be at the recommendation of the advisory committee. I don't see why we can't do the same thing. And I will make a motion to do that. If-- if the advisory committee wishes to have a contract employee, that we will do a -- that we authorize the expenditure of a reasonable amount of funds. You're saying $160,000? MR. NEAL: We haven't prepared the budget for that, have we Peter? I'm sorry. MR. VAN ARSDALE: That was the number that includes all of the associated costs that we're predicting at this time. CHAIRMAN COYLE: Then I'm going to withdraw my motion. I'm not going to make a motion on a figure that I'm not sure of and that has not been worked out. If-- if the CRA will come back to us or the advisory board or committee will come back to us with a clearly worked out budget about how much you want for a contract employee, where the office is going to be, what the office space is going to be, how the administrative support is going to be provided, what's it going to cost, who's going to do it. Give us a very, very clear budget for this particular position, and I personally will support it. And we will have a contract for this if the board would buy that concept. MR. VAN ARSDALE: I would say that certainly provides us with the kind of direction that we needed. 45 November 14, 2003 CHAIRMAN COYLE: We have ten minutes yet. MR. MEARS: Can we presume to piggyback on county benefits or do we have to find-- CHAIRMAN COYLE: I think -- I think you -- you want to do this separately, I think you best do it separately. You're not providing benefits to this consultant you're hiring to do the overlay, so you work out a deal with them and you develop a contract with that -- some employee. We have to approve all of the expenditures, of course. All this person is going to do is manage your affairs and your recommendations and monitor the expenditures. But as far as making decisions to expend money, it will still be our decision, okay? MR. NEAL: We will proceed with the interviewing process. CHAIRMAN COYLE: Okay. MR. NEAL: Is that what you're saying to us? CHAIRMAN COYLE: Well, I think this board needs a very clear budget of how much money you want to spend on this and for what purposes. And I think you need to think out the whole process, is this person going to have an office? Where? How is administrative support going to be provided? How are we going to reimburse telephone calls, all of those kinds of things. So you need to work out that budget and then come back and at least you will have one vote to support that concept. MR. NEAL: That's fine. CHAIRMAN COYLE: Miss King. MS. KING: We had discussed all of this during the advisory meetings. And we had come up with figures of sixty to a hundred thousand for the employee. We had also wanted to go ahead and interview candidates for this, because we're hoping that this candidate, the caliber of the candidate we're looking for, will assist us. You know, what's best for him? What's best suited? They will have experience in CRAs and 46 November 14, 2003 tell us where the best locations for these offices are and what exactly type of support he needs. You know, what we were looking for was to go ahead from our CRA, that we can go ahead and interview candidates and prepare a more finalized package by finding exactly what this individual might need. CHAIRMAN COYLE: Yes. I think that would be helpful for yOU. MS. KING: Right. CHAIRMAN COYLE: But if you do it, you must do it from the standpoint you can make no commitments whatsoever to this person. MR. NEAL: That's acceptable. CHAIRMAN COYLE: No commitments whatsoever to this person. Okay. Now we have seven minutes. How much business can we get done in seven minutes? MR. NEAL: Well, probably the most important part of this whole discussion this morning has to do with the makeup of the CRA board. And, Mr. Commissioner, you've already stated your uneasiness with that. And we keep hearing from the legal side that this board cannot be split. I think we have a quick little different view of that. Bill, if you would please comment on that. MR. MEARS: I presume everybody has read the background information. CHAIRMAN COYLE: Yes. Item #4E TO PURSUE SPECIAL LEGISLATION AMENDING SECTION 163.356 SUCH THAT ANY COUNTY WOULD BE PERMITTED TO ESTABLISH MULTIPLE CRA BOARDS WITHIN ITS BOUNDARIES, AND AUTHORIZE THE COUNTY ATTORNEY AND STAFF TO DRAFT ANY NECESSARY AGREEMENTS, 47 November 14, 2003 ORDINANCES, OR RESOLUTION LANGUAGE THAT PERTAINS TO THE DIRECTION GIVEN-ADD TO LEGISLATIVE AGENDA ITEMS AND TO DIRECT THE COUNTY ATTORNEY'S OFFICE TO PREPARE A REPORT ON CITY ANNEXATION AND ASSOCIATED TIF FU-NDS AND TO BRING FORWARD TO A FUTURE BCC MEETING IN DECF~MBF. R MR. MEARS: At the Florida Redevelopment Association, FRA, annual meeting, their board determined that in their omnibus legislation for a package for this year, they would include the elimination of the language limiting multiple CRA boards to charter counties, number one. Number two, apparently one of our Naples residents is the chairman of the local government services committee in the Florida House. And the FRA counsel and executive director recommend that we might very well pursue with him a request to eliminate that restrictive language. As you can see from this little background memo, it's all been very political all along. One city wants one thing and one county wants another thing. CHAIRMAN COYLE: I remember at our meeting prior to the summer break, we asked that the staff come back with recommendations about hoTM we can do that. MR. BLAIR: Right. CHAIRMAN COYLE: Did I miss something here? MR. BLAIR: No, this is their -- the recommendation that went forward is on having separate CRA boards. The county attorney looked at it and according to the Florida Statutes, you have to be a charter county. What the advisory board is stating is that there are other ways to go around that, which is pursuing special legislation to separate the CRA boards, or you could just change out the board. 48 November 14, 2003 CHAIRMAN COYLE: And then has the legal department or the staff made a recommendation concerning those recommendations from the advisory committee? MR. BLAIR: Staff has not made a recommendation either way on which direction should be given. MR. KLATZKOW: There's no recommendation. If this board's pleasure is to move towards Tallahassee to get special legislation, then that's this board's pleasure. CHAIRMAN COYLE: That is the only way to solve this problem? MR. KLATZKOW: It's probably the easiest solution. CHAIRMAN COYLE: Then I think that's something that has to be brought before the Board of County Commissioners. We'll have to start with them. So -- okay. Commissioner Henning. COMMISSIONER HENNING: We -- on Tuesday's agenda, we have the recommendations for the delegation, and this would be the time to discuss it. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: As an add-on item to the -- our legislation amendments. MR. BLAIR: So that's a request to add that? MR. NEAL: Excuse me. MR. MEARS: Now, a second point as far as interim steps, to somewhat lighten the load, under the Section 357 that you are organized under, you're permitted to have two additional community members on the CRA board. You might consider appointing the chairman of Bayshore and the chairman of Immokalee as actual members of CRA. MR. NEAL: Or you also have the right to replace the entire CRA board. CHAIRMAN COYLE: That is a right, if I remember correctly, 49 November 14, 2003 of the county commissioners, not of this board. So this board really can't take action on that. MR. NEAL: But you can -- CHAIRMAN COYLE: But we can certainly add that to the county commissioners' agenda at some future meeting. It would be impossible to get it on this meeting, but perhaps we could ask the staff to talk with the chairman of the county commission, Commissioner Henning, and see if he would be willing to put it on some future agenda for discussion. Okay. Miss King. MS. KING: I just want to make one comment. I was at the last meeting before the session ended. And at that time, we had agreed to spend -- to pay one county employee to do our work and this question of legislation also came up at that time and you had addressed -- you had told our legal department to go ahead and pursue that, you know, what it would take. And I've been waiting since that time for some response. If he even spoke to me after the meeting, you know, and I guess he thought I was kidding. But -- and I'm not kidding, you know, and I haven't had any response. And you directed them to assist us during that time. CHAIRMAN COYLE: Now, is that same assistance necessary now or has the time passed for that degree of assistance? MS. KING: Well, it's further delayed. CHAIRMAN COYLE: Okay. Will this contract for the overlay deal with some of those issues that you raised at that point in time? MS. KING: No, it's not going to deal with the makeup of the CRA with what we're currently discussing, and a change in legislature that's possibly needed. CHAIRMAN COYLE: Then-- then that's something that will be discussed before the county commissioners once it's placed on that agenda. MR. NEAL: Mr. Chairman, we have one final thing on our 50 November 14, 2003 agenda and we've got a minute and a half. And the CRA board must seriously consider thinking about this. We have a real problem with protecting our TIF funds, our TIF funds in our Bayshore/Gateway Triangle because of annexation to the city. And in particular, as an example, there are discussions going on now with Jack Antaramian and the city about annexing his project there and we are counting heavily on those TIF funds. And we need a reading from the attorneys how our TIF funds are protected to avoid the city coming in and annexing all of the TIF funds that we have. Did I say that clear enough? CHAIRMAN COYLE: Yeah, that's a good point. Is the attorney prepared to discuss that issue? MR. KLATZKOW: Not prepared at this time. We will, however, look into it and provide a memorandum. CHAIRMAN COYLE: If you would provide a written report to members of the advisory committee and also to this board, because we don't want to wait until the next meeting to address that issue. So at least if you would give us some ideas of the implications of that problem. MR. KLATZKOW: It would be our pleasure. MR. NEAL: And we thank you very much. COMMISSIONER HENNING: Mr. Neal, question, where in process is the City of Naples of this annexation? MR. NEAL: The Sandpiper. COMMISSIONER HENNING: I mean how far. Discussions are going right now. And all Antaramian has to do is make an approach to the city. And if the city agrees, they are annexed. We went through this same situation at Windstar. And we decided not to annex to the city, so familiar with the process a little bit. COMMISSIONER HENNING: But that has to take advertisement, correct? 51 November 14, 2003 MR. VAN ARSDALE: I believe it's gone to the city's planning board at this stage. COMMISSIONER FIALA: It's moving right along. COMMISSIONER HENNING: All right. So we might have to take action on this or bring it to the board of commissioners December 2nd, I believe it is. MR. VAN ARSDALE: Or maybe we get to keep the money. It's hard to understand. In other words, we could very well make obligations with that anticipated revenue over 20 years. I'd be surprised if the legislation allows anyone to opt out at any point in time. So that's what we're trying to find out. MR. MEARS: Put them on notice. CHAIRMAN COYLE: Mr. Valentine. One big success that we've achieved, we're going to get street lights on Davis Boulevard after three years of fighting. And the state's granted us $650,000 for streetlights. The one frustration that we've had, we've been trying to get sidewalks and drainage onto Lynwood. And now we found out that there's a force main that runs from the county complex and also from Shadowlawn school into the city. And we found out that you guys have to spend a million and a half dollars of impact fees to hook into the new sewer, which is coming forward to you in the next year and a half. We cannot go ahead with the drainage because of the force line that's there. We have a project that's approved. We put up money. CHAIRMAN COYLE: If this is an issue that is going to be determined by the county commission, you have to bring it up during one of those meetings. And if you want it on the agenda earlier rather than later, I would suggest that you talk with the county manager and see if you can't do it by public petition and get it on an agenda item. Okay. COMMISSIONER FIALA: That Pathways guy is back there. Maybe he could enlist some help from Ted Wetlin (phonetic). 52 November 14, 2003 CHAIRMAN COYLE: Yeah, we're out of time. MR. BLAIR: That item's going to be coming in December. CHAIRMAN COYLE: Any further questions or comments from the board members? We are adjourned. Thank you very much. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:02 a.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL 'ATTEST: FRED COYLE, Chairman DWIGHT~ E~i~ROCK, ~CLERK s~ature on~l- These minutes approved by the Board on 12 q~-200.~_, as presented ~ or as co~ected TRANSCRIPT pREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY DEBRA DELAP 53