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BCC Minutes 03/12/2004 S (CRA)March 12, 2004 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY Naples, Florida, March 12, 2004 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 9:00 a.m. in REGULAR 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 Page 1 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY AGENDA March 12, 2004 9:00 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. COLLIER COUNTY ORDINANCE NO. 2003-53 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". 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 RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED 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 1 March 12, 2004 TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. e Adoption of Agenda Announcements & Correspondence - Advisory Board Chairman Election of CRA Board Chairman and Vice Chairman e Consent Agenda Items To approve and execute the Site Improvement and Impact Fee Assistance Grant agreements between the Community Redevelopment Agency and grant applicants within the Bayshore/Gateway Triangle Redevelopment Area Bayshore/Gateway Triangle Items A. Executive Director B. Office Lease C. Employment Agreement 6. Citizens Comments 7. Adjournment 2 March 12, 2004 March 12, 2004 COMMISSIONER COYLE: Okay. The Community Redevelopment Agency is in session. Would you please stand and join me in the pledge of the flag? (Pledge of allegiance recited in union.) Item # 1 ADOPTION OF THE COMMUNITY REDEVELOPMENT AGENCY AGENDA- ADOPTED COMMISSIONER COYLE: Thank you. Does staff have any changes to the agenda? MR. BLAIR: No, we don't. COMMISSIONER COYLE: County attorney? MR. WHITE: Just one point of order, Mr. Chairman. Most agencies, as a matter of parliamentary procedure, do their election of officers between new and old business. You can continue your prior practice, but certainly it's up to the board's discretion. COMMISSIONER COYLE: Okay. Any members of the board have any changes to the agenda? I see none. In that case, do I hear a motion for the adoption of the agenda? COMMISSIONER COMMISSIONER the FIALA: I move to adopt the agenda COLETTA: Second. COMMISSIONER COYLE: Okay. We have a motion to adopt agenda by Commissioner Fiala and a second by, I think, Commissioner Coletta. All in favor? COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER HENNING: Aye. COYLE: Aye. COLETTA: Aye. FIALA: Aye. HALAS: Aye. Page 2 March 12, 2004 COMMISSIONER COYLE: Any opposed? No. Item #2 ANNOUNCEMENTS AND CORRESPONDENCE FROM THE CHAIRMAN All right. We would-- correspondence with reference wish to bring up? COMMISSIONER FIALA: I have some questions on one of these items, but I didn't -- I think I can just ask it at the appropriate are there any announcements or to items which the board members Okay. Unless it's on the consent If it's not on a consent time. COMMISSIONER COYLE: agenda. COMMISSIONER FIALA: No, no. COMMISSIONER COYLE: Okay. agenda, you'll have a chance to do that. Item #3 ELECTION OF COMMUNITY REDEVELOPMENT AGENCY BOARD CHAIRMAN AND VICE CHAIRMAN: COMMISSIONER FIALA ELECTED CHAIRMAN, AND COMMISSIONER HALAS EI.F. CTFD VICF.-CHAIRMAN- APPROVF. D 5/0 In that case, it is now time for the election of the new board chairman and vice-chairman. The Bayshore Gateway Advisory Board has recommended that Commissioner Donna Fiala be nominated as chair of the CRA board. COMMISSIONER COLETTA: I'll second that. COMMISSIONER COYLE: I didn't make the motion. I'm just Page 3 March 12, 2004 saying -- COMMISSIONER HALAS: I'll make the motion. COMMISSIONER COLETTA: I'll second it. COMMISSIONER COYLE: Okay. We have a motion by Commissioner Halas, seconded by Commissioner Coletta to accept the Advisory Board's recommendation of Commissioner Donna Fiala as chairman of the CRA board. Any discussion? All in favor, please signify by saying aye. COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER think there are any -- HENNING: Aye. COYLE: Aye. COLETTA: Aye. FIALA: Aye. HALAS: Aye. COYLE: It appears to be unanimous. I don't COMMISSIONER FIALA: Thank you very much, both commissioners and very much to the Bayshore CRA -- Bayshore Triangle CRA. I appreciate it. COMMISSIONER COYLE: Now we must also elect a vice-chairman. Are there any nominations -- COMMISSIONER COLETTA: I make a nomination of Frank Halas. COMMISSIONER FIALA: COMMISSIONER COYLE: I'll second that motion. Okay. A nomination for Commissioner Halas, seconded by Commissioner Fiala. Any discussion? COMMISSIONER COYLE: All in favor, please signify by saying aye. COMMISSIONER HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. Page 4 March 12, 2004 COMMISSIONER HALAS: Aye. COMMISSIONER COYLE: Any opposed? No. Then Commissioner Halas is the vice-chairman of the CRA board. In that case, I will turn over the gavel to Commissioner Fiala, and she can conduct the remainder of the business today. COMMISSIONER FIALA: Thank you, sir. Very good. you very much. COMMISSIONER COYLE: Congratulations. COMMISSIONER FIALA: Thank you. Thank you, guys. Thank Item ~4 SITE IMPROVEMENT AND IMPACT FEE ASSISTANCE GRANT AGREEMENTS BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY AND GRANT APPLICATIONS WITH1N THE BAYSHORE/GATEWAY TRIANGLE REDEVEIJOPMENT AREA APPROVED-5/0 Let's see, consent agenda items, to approve and execute the site improvement and impact fee assistance grant agreements between the Community Redevelopment Agency. We have not accepted the consent agenda yet; is that correct? MR. BLAIR: We just have one item on there. COMMISSIONER FIALA: And that's the grant improvement agreements? MR. BLAIR: Yeah, it's just an agreement. COMMISSIONER FIALA: Okay. Can I ask a question about that? I notice that we had somebody named Mitzi Sheehan here, and she has three different properties on Shadowlawn, so apparently she's not living in them. They must be rental properties? MR. BLAIR: One of them, she is living in one. The other one, her father lives in, and the other one is a rental property, but the grant Page 5 March 12, 2004 doesn't say that you can't apply for one of your rental properties. COMMISSIONER FIALA: And you feel that she's worthy of this? You've already discussed that. Okay. I just wanted to make sure that everybody felt unanimous about this. Okay. Fine. So then I'd like to hear a motion to approve the consent agenda items. COMMISSIONER COYLE: COMMISSIONER HALAS: COMMISSIONER FIALA: So moved. Second. I have a motion from Commissioner Coyle and a second by Commissioner Halas to approve the consent items. All those in favor, say aye. COMMISSIONER HENNING: Aye. COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COYLE: Aye. COLETTA: Aye. FIALA: Aye. HALAS: Aye. FIALA: And opposed, like sign. Item #5A CREATING THE EXECUTIVE DIRECTOR POSITION FOR THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA APPROVED- 5/0 The Bayshore Gateway Triangle items, the executive director. Do you take over here? MR. BLAIR: Yeah, I can. Item A is just what -- you asked us to bring back from our last September meeting where you approved the idea of executive director, but you wanted us to bring forth a better detailed budget as far as what the Advisory Board's recommendation would be, and so item A is the approval to create the position, and the Page 6 March 12, 2004 Exhibit A, which is attached right behind the executive summary, is their detailed budget of what it would cost for this person to operate for four years as far as capital expenses, what it will take to set this person up. COMMISSIONER FIALA: Commissioners, do you have -- do you have any discussion on that item? COMMISSIONER COYLE: Hold on just a minute. COMMISSIONER FIALA: Sure. MR. BLAIR: Exhibit A might be the very last sheet in your packet. COMMISSIONER FIALA: If it's possible, whoever assembles these, could they put like tabs in here for us? MR. BLAIR: I noticed that once they were delivered. COMMISSIONER FIALA: That would be just great. MR. BLAIR: As you can see, Exhibit A, this is basically the same spreadsheet that the county staff was presenting at the last meeting with a budget that was much, much larger, actually, but theirs included a secretary as well, but it was more along the line of 225,000, but it also included like county cars and things of that nature, which the Advisory Board didn't deem necessary for this particular position at this time. COMMISSIONER FIALA: So under this agenda item, what we're doing is, A, we're -- we're creating the position. B, we're creating a place for that position to be housed, and -- and C, we're electing or appointing an executive director? MR. BLAIR: Right, they're spelled out A, B and C. A is the position, B is the actual office space, and C is the actual person. COMMISSIONER FIALA: Uh-huh. Okay. COMMISSIONER COLETTA: Madam Chair, if we could, I'd like to hear from the advisory committee on this item. COMMISSIONER FIALA: Very good. Who would like to be our spokesman? Page 7 March 12, 2004 MS. KING: Over here? COMMISSIONER FIALA: Yes. And your name for the record? MS. KING: Sharon King, CRA Advisory Board. The executive director position, is that the one that you wanted to hear about? COMMISSIONER COLETTA: Yes, ma'am. MS. KING: The reason the Advisory Board feels so strongly about this is that since we've been in business, we've had a problem with continuity, staff changes, volunteers -- you know, our volunteers from the community changes, and we're looking for someone that can handle all the aspects of all the questions and responsibilities that we try and take an interest in and keep us focused and on task, and more able and more responsible in spending the CRA funds that are available to the CRA so that we can stay focused and stay on top of these items. So we feel it's very important with regard to the continuity of this program and advising you all as well as us. COMMISSIONER COLETTA: So you think the money is being well spent? MS. KING: Absolutely. Absolutely. COMMISSIONER FIALA: You also wanted a person dedicated just to this -- MS. KING: Right. In the past, employees from the county have changed intermittently and we'll be running with some issue, staff changes and we have to start all over again, basically, you know. We need someone, you know, that can manage it on a continual basis. COMMISSIONER COLETTA: And this money comes entirely from the Bayshore-- MS. KING: CRA funds, that's correct. COMMISSIONER FIALA: Well, Bayshore Triangle. MS. KING: Bayshore Triangle, uh-huh, and this position would only work in that area. That would be his focus, is those two areas. COMMISSIONER COLETTA: Make a motion for approval. COMMISSIONER FIALA: I have a motion to approve by Page 8 March 12, 2004 Commissioner Coletta. COMMISSIONER COYLE: COMMISSIONER FIALA: Any discussion? Do I hear a second? Second. Second from Commissioner Coyle. I have a -- Commissioner Coletta, you've already spoken? COMMISSIONER COLETTA: Yes, I have. COMMISSIONER FIALA: Commissioner Henning? COMMISSIONER HENNING: Aaron Blair, I presume? MR. BLAIR: Correct. COMMISSIONER HENNING: Can you tell me what type of travel that you anticipate? MR. BLAIR: A lot of the times it's just different things like going to the Florida Redevelopment Association conference or the Main Street conference or-- those things are good-- good events for different people to go to that are in redevelopment, only because it's an opportunity to see how other people are doing redevelopment and what other programs they're imPlementing, and just like this, our next advisory board meeting, we are having other executive directors from different CRA's throughout the state are coming to our meeting to give us some ideas as well. So that's another cost in travel that could be incurred as going to other places to speak to explain to them why you are successful. COMMISSIONER HENNING: The mileage reimbursement would be for out of county reimbursements? MR. BLAIR: I was told at the -- when they were discussing implementing this that it would be, instead of allowing the person to have a car or -- or putting an allowance into the budget for a car, that they would just reimburse for the mileage that they would put on their personal car, and that's for travel to and from work. I mean, just general travel that is work related. COMMISSIONER HENNING: Okay. MR. BLAIR: Because what you see in most of the executive Page 9 March 12, 2004 directors throughout the whole state and CRA's is that they have a car allowance two, three, $400 a month just to have a car that they would purchase and drive for work related -- COMMISSIONER HENNING: Yeah, I'm not aware of that, but I know directors through Collier County departments, I'm trying to think on-- who has a director to go back-- who has a vehicle to go back and forth from work to home or home to work and do they get reimbursed for that expense, and I just don't remember one. Hi. MS. KING: Hi. I was going to make a comment on that line of thought. This doesn't just entail back and forth to the office. This area requires a lot of on site attention, meeting with business people, meeting with residents, observing property that applied for grants. It entails a lot of things other than just driving to and from work and we've considered that. COMMISSIONER HENNING: Right, I understand that aspect of it, something to do with business, but we all have to travel to -- from home to work. MS. KING: Right. COMMISSIONER HENNING: And I just don't remember any directors -- MR. WHITE: If I may, Mr. Henning, there are a couple certainly, I think that are related to their job functions. For example, code enforcement director and building department director. I know different individuals at the director level in the transportation division. I think Mr. Kant and some others have those types of vehicles, but I don't know if that's helpful or not, but-- COMMISSIONER FIALA: And the CRA discussed this and they did want to spend the money to do this; is that correct? MS. KING: Yes, we felt it necessary. COMMISSIONER FIALA: Okay. Commissioner Halas? COMMISSIONER HALAS: Yeah, I don't think -- I don't believe that the director should get paid for going from home to work, but Page 10 March 12, 2004 from work to other associated areas, I'd go along with that, but not back and forth home to work and then work back to home. MS. KING: We're in agreement. COMMISSIONER HALAS: Okay. But work related, the time that the individual arrives at work and then has to go to an assignment, then that's where the mileage starts? MS. KING: Correct. COMMISSIONER HALAS: Okay. COMMISSIONER FIALA: Any further discussion, board members? Oh, I'm sorry, Commissioner Henning was not finished and -- I didn't know that either. I'm sorry. MR. SCHMITT: Madam Chair, for the record, Joe Schmitt, Administrator of Community Development and Environmental Services. None of my directors have vehicles that they take to and from work. They have assigned vehicles for use at work, but they are not authorized for the vehicle to go to and from home. COMMISSIONER FIALA: Thank you. Continue. I'm sorry, Commissioner Henning. COMMISSIONER HENNING: How would a cell phone be used? Why should that be an expense? I just don't understand. MR. BLAIR: No, I understand, and a lot of these items were -- remained in this budget from the county. This is -- when the county produced this spreadsheet at the last meeting for what it would take to set up this position, that was one of the items that were in there. So the Advisory Board left it in there because obviously, the county felt that it was a need. So they left it in there. COMMISSIONER HENNING: Okay. Can you explain to me the use of the cell phone for directors, CRA -- MR. BLAIR: I can see how-- how, say myself, I would use it -- like sometimes I get calls from the Advisory Board members when I'm in my car going to or from someplace or sometimes at home if there's Page 11 March 12, 2004 an immediate question that needs to be answered or someone needs to get ahold of me and I'm not in the office, because a lot of times, I do have to go out and meet with different realtors or different people that are interested in redevelopment. So I'm not in the office all the time, so that's a way for them to communicate with me. COMMISSIONER HENNING: How are -- how is the -- are you going to separate personal calls from the cell phone? MR. BLAIR: Right, and I'm not sure exactly how you would do that. I'm not sure -- like right now, I have my own cell phone, so I don't -- I'm not sure how that would work. Again, that would probably have to be looked at when you get your bill or something. I'm not 100 percent sure how the county deals with that, because obviously they do -- they had it in their spreadsheet. I guess it would be a matter of however the county handles that, that's probably how they would look to handle that as well. COMMISSIONER HENNING: Okay. Thank you. COMMISSIONER FIALA: Commissioner Coyle? COMMISSIONER COYLE: I think these are -- are good questions. The -- the problem we have here is that -- that the employment agreement doesn't specifically identify those costs, but the budget does and the budget doesn't -- I hope doesn't authorize the expenditure of these items unless they are, in fact, work related. My question is, who is going to make that determination? MS. KING: We feel that we would request the director to offer us an accounting of all expenses incurred that month to be discussed at the meeting, our monthly meeting so that we can go over that with him. We're trying to get a handle on everything we spend. We want to stay on top of everything we spend, and with so many projects and so much, it's been very difficult and we would probably rely on our director to present us monthly with expenses incurred during that month for approval. COMMISSIONER COYLE: Okay. What I would suggest is Page 12 March 12, 2004 that without -- with the exception of the mileage allowance, there is nothing in the employment agreement which guarantees the director payment for a cell phone or-- or anything of that nature. That information is contained only in the budget and -- and as a result, it is not an obligation of' the -- of the employment agreement, but the -- the budget is an estimate, of course, and you would have the responsibility of justifying to us ultimately whether those expenses are appropriate, and we would then have the responsibility of either approving it or disapproving it. MS. KING: Right. COMMISSIONER COYLE: So as long as there's the understanding that -- that you've prepared a budget based on an estimate of what it's going to cost to administer -- or for the executive director to administer the CRA, then I'm okay with it, but you -- you have to remember our experience in some cases with the Tourist Development Agency and some of its related activities. We actually disapproved a number of expenses that we thought were not job related, even though the work had been incurred. So just -- if you'd keep that in mind when you're evaluating these costs and -- because we'll ultimately have to approve them. MS. KING: Okay. COMMISSIONER FIALA: COMMISSIONER HALAS: Commissioner Halas? That was from the last -- COMMISSIONER FIALA: Okay. Commissioner Henning? COMMISSIONER HENNING: The only reason I brought it up, the agreement, I think, has the exhibit, and the exhibit is Exhibit A, that's what I'm referring to. That's the only reason that I want to bring it up, so it-- you know, if we-- the way I see it, if we approve -- Mr. White, you can help me, if we approve the employment, we're also approving Exhibit A? MR. BLAIR: Correct, I would say that's true. MR. WHITE: I think that was what was requested at the last Page 13 March 12, 2004 meeting and should be considered as part of the agreement. COMMISSIONER COYLE: So the budget-- I'm sorry. It's not my turn, but go ahead. COMMISSIONER HENNING: No, I'm finished. COMMISSIONER COYLE: So we're saying that the budget then becomes an obligation of the employment agreement even though a budget-- MR. WHITE: Only to the extent that those elements are in there and would provide, for example, for the salary, some other types of typical allowances such as for travel or for cellular phone usage. Those are parts of other contracts with the county attorney, and I believe the county manager, so it might be better to redraft the agreement to put the specifics of those facts into the agreement, and if you approve the form of that agreement today with those elements added in, then that is what we will ultimately have the chair execute and I'll sign off on. COMMISSIONER COYLE: See, one of my problems, and I suspect it's a problem that Commissioner Henning shares, is that I don't want this thing to be read as an obligation to provide $1,200 to the executive director for cellular phone charges. MR. WHITE: Understood. COMMISSIONER COYLE: You know, that's not what you had in mind, I don't believe. You're merely budgeting an amount. It might be $200, it might be $2,000 and either of them would be acceptable if they are for business-related expenses, and so that's what we're trying to get at. I don't want the budget to become an obligation of payments to the executive director. It should be what it is supposed to be, a guideline. It is an estimate. It is a working document that will change as you go through the process. So if there -- if there is a perception that this -- this exhibit obligates the county and the board to pay to the executive director these amounts of money here, then-- then I also Page 14 March 12, 2004 have a problem with that. MR. WHIT.E: I think the only specific obligations, Mr. Coyle, would be those that are specified in the actual agreement, and that if it was the desire of the CRA to reference the budgeted exhibit solely for the purposes of reference, then that would be appropriate as well. We can do it either way. COMMISSIONER COYLE: I think it can be handled with a simple statement in the employment agreement which says that the estimated budget for the operation of this position is presented in Exhibit A and -- and not imply in any way that it is part of the compensation package, but it is the estimated budget. COMMISSIONER COLETTA: I'd be happy to do that. COMMISSIONER be happy to include that COMMISSIONER COMMISSIONER COMMISSIONER my second. COMMISSIONER FIALA: FIALA: Okay. Commissioner Coletta would in his motion. Do you in your second? COYLE: Did I second it? HALAS: Yes, you did. COYLE: I did? Okay. Then I'll include it in Okay. Commissioner Halas? COMMISSIONER HALAS: Yes, I would hope that there would be some way of tracking to make sure that the expenses incurred actually took place and were work-related items, whether it would be a day planner or something of that nature so that we would have a log in regards to tracking, so that if you left the office and went to point B, there would be -- that would be on your day planner that you had an appointment at such and such a time. The same way with the phone, that the phone would be -- the phone expenses would be in regards to where -- where we look at the honesty of the person that's got the phone. It's just like us commissioners, if we make any private phone calls on the phone, when we get our bill in, we so note it and then pay out of our pocket for those phone calls that are made that do not involve government business, and I would hope that this is the same Page 15 March 12, 2004 type of system that we would use on the phone-related charges. As long as we have a way of tracking all this, I don't see any real problem with the expenses here, but it does have to be some way tracked so that if there is any question, that we have a paper trail that can justify all the necessary expenses. COMMISSIONER FIALA: Commissioner Henning? COMMISSIONER HENNING: I'm sorry. I'm done. COMMISSIONER FIALA: Okay. Fine. We have a motion on the floor and a second. Any further discussion? All those in favor, say aye. COMMISSIONER HENNING: Aye. COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COYLE: Aye. COLETTA: Aye. FIALA: Aye. HALAS: Aye. COMMISSIONER FIALA: And opposed, like sign. We have a 5-0 on that, and we go onto 5-B, which is the office lease agreement -- or office lease request. Item #5B APPROVING THE EXECUTIVE DIRECTOR'S OFFICE LEASE AT THE SITE LOCATED AT 2408 LINWOOD AVENUE, NAPIiES; FIiORIDA APPROVED- 5/0 MR. BLAIR: What we have here is, the Advisory Board looked at numerous locations where an office space could be for this person. They really would like the person to be located right -- somewhere in the redevelopment area, but we did also look at the various county spaces that were available, and it just seemed right as far as the Advisory Board thought that the person should be located within the middle or somewhere in the redevelopment area, so this space came Page 16 March 12, 2004 up. It is a space of one of the Advisory Board members, so he abstained from all voting. They did look at the space. It does already have furniture in it. It has space for-- to house a secretary. It has space for a conference room in case people have to come in and have meetings. So really the space worked out to be the best space, and it was a decent price compared to a lot of the other stuff that was looked at by the Advisory Board members, and what this executive summary is asking is that the lease could be executed, and also that the budget amendment 3100 which will cover the first, last and security deposit in order to get into that space. COMMISSIONER FIALA: Board members, any discussion? Any comments from the CRA? Okay. May I hear a motion? Oh, yes. MR. FOWLE: The only thing -- Ronnie Fowle. The only thing was that we did look at three different properties. One was with the county, one was down on Bayshore, and then the other one is on Linwood, and what we saw on Linwood is very conforming to what we need. As Aaron told you, it's a member of the CRA, but he abstained from voting and I think it will be a place where people can walk in and feel comfortable. The door will be open. They will have a CRA logo on the window for identification, and Aaron will be running a one-man operation. He will be in and out of that office all the time. He just will not be confined to that. He's got to go on the street and meet the business people and talk to them. He'll probably be over helping people do some preliminary design work or something of what they can do and interpret the codes for them to assist them, because there's an awful lot of people who go to do things in the county and they walk away shaking their heads. It's just overwhelming to them, and I think Aaron will have all the necessary requirements to do it. COMMISSIONER FIALA: Thank you. Commissioners, any -- COMMISSIONER HALAS: I make a motion for approval. Page 17 March 12, 2004 COMMISSIONER FIALA: Motion on the floor from Commissioner Halas for approval of the lease space. A second, please. Any very COMMISSIONER COYLE: COMMISSIONER FIALA: discussion? All those in favor, say aye. COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER much. Second. Second from Commissioner Coyle. HENNING: Aye. COYLE: Aye. COLETTA: Aye. FIALA: Aye. HALAS: Aye. FIALA: And opposed, like sign. Thank you Item #5C APPOINTING D. AARON BLAIR AS EXECUTIVE DIRECTOR TO THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA APPROVED W/MODIFICATIONS- 5/O 5-C which is the employment agreement. MR. BLAIR: I believe I was going to let Sharon speak on this. She was head of the sub-committee that did the search for an executive director, interviewed the applicants and things of that nature. So I'll let Sharon discuss that. MS. KING: We received a total of nine applications. We advertised in the Naples Daily News and the FRA publications and on the web. We had some outstanding resumes and scheduled five interviews out of those resumes. Four-- and we carried forward with four interviews and the amount of input from the community was great. The amount of input from the candidates themselves were Page 18 March 12, 2004 great. We felt -- we voted unanimously to approve Aaron Blair. We want someone that can hit the ground running. We want someone familiar with the county, county procedures and our programs and us and what we feel is important in the focus of the community. So we did choose Aaron Blair out of all these wonderful applicants and we're recommending him to the CRA for approval for this position. COMMISSIONER FIALA: Commissioner Henning goes first. COMMISSIONER HENNING: The -- I'm sorry. Your last name? I want to -- MS. KING: King. COMMISSIONER HENNING: Miss King, just out of respect. Have you considered a -- a valuation time? A lot of employees, and I know this is not a new employee, but it is a new position, a valuation time for performance? MS. KING: Yes, we have. COMMISSIONER HENNING: Okay. In that time -- and it doesn't state it out in the contract, but in that time, a lot of employees that we have, there is no severance package if that employee doesn't live up to the standards of the county or their director or their employer, and the way I read this, if, you know, for some unknown reason, maybe Mr. Blair gets an opportunity in another three weeks to go someplace else, which is great, and anybody would be foolish to turn it down, the way I read this is that you would owe six months severance package. MS. KING: The way I understood it was the severance package was offered if we determined that his job performance was not what we had hoped it would be. In the event that he chose to leave, I don't feel a severance package is offered. COMMISSIONER HENNING: Okay. Well, I appreciate that, but I just -- can you guide me to find where I could read that? Oh, maybe it's item six. Page 19 March 12, 2004 MR. BLAIR: Item six deals with evaluation on a yearly basis. COMMISSIONER HENNING: Okay. MS. KING: On presenting the budget, we had discussed with all the applicants salaries and how to determine what to pay, how to look into his performance and to determine merit, where more salary would be merited and we had discussed evaluating, I think, in six-month interims. COMMISSIONER HENNING: Okay. I -- I guess I lost my point. What I was trying to get at, usually they have a -- either a four month or a six-month evaluation, and after that time, then they become vested for things like, you know, sick pay -- okay. Within the first quarter. Thank you. I guess I was reading this on the fly. I'm sorry. MS. KING: Okay. MR. BLAIR: No, Mr. McCabe, who worked on the -- that portion of the agreement and working out the salary, that's -- he felt that it needed to be evaluated a couple times in the first year just to make sure, like you, said that everything's going good and if it's not, then they need-- COMMISSIONER FIALA: Commissioner Halas, then Commissioner Coyle. COMMISSIONER HALAS: Miss King, in regards to the interview process, how many people took-- took advantage of this in interviewing the applicants? MS. KING: You mean what comprised the sub-committee? There were four of us -- or was there five? There were five, I'm sorry. COMMISSIONER HALAS: Five? Okay. And was it done with a board meeting or was it done individually as far as -- MS. KING: It was a sub-committee. It was five members of the nine board and we conducted the interviews at East Naples Community Park and then we went back to the full committee with our findings. Page 20 March 12, 2004 COMMISSIONER HALAS: Okay. Thank you very much. COMMISSIONER FIALA: Commissioner Coyle? COMMISSIONER COYLE: There is a remaining point raised by Commissioner Henning that doesn't appear to be addressed, and that is the severance without cause within the first year. In other words, if you do the first quarterly evaluation, and I'm not suggesting this will be the case, but if it turned out to be unsatisfactory and you wanted to terminate, you would still have to pay six additional months of salary under this agreement as I read it. Is that what you intended? MS. KING: Ron, can you address that? MR. FOWLE: I think that was with -- I believe that was done with Mr. McCabe when he spoke with Aaron. I wasn't there when the negotiations were going on in that portion of the contract, or was this the format from Hollywood? MR. BLAIR: Again, if that's an issue, as far as I'm concerned, being the person that's on the other end, that's not an issue with me. I mean, the -- if it's -- if it was less, it wouldn't matter. I mean, if it was not there, it wouldn't matter. COMMISSIONER COYLE: Okay. To see if we can't get to the bottom -- I think what we're trying to do is find something that is consistent with our normal practice, and I'm not really sure what our current personnel policies are, but if-- would it be acceptable to say if such termination occurs within the first year, that the -- the employee, the director will be given 30 days written notice and pay, but afterwards, the six-month provision would prevail. Does that seem to meet everybody's requirements here? MR. FOWLE: Aaron? MR. BLAIR: Yes. MR. FOWLE: I think what Aaron just said would be acceptable with him. I don't want to negotiate for him at this point, but with the board, I think it would be fine. COMMISSIONER COYLE: If we could-- if the board would Page 21 March 12, 2004 agree to make that change, then we could-- COMMISSIONER FIALA: Fine with me. And it's fine with the CRA, as long as -- yeah. And fine with Aaron who did the negotiations, I would -- I would go along with that. Other board members? I'm getting nods. Commissioner Henning? COMMISSIONER HENNING: Yeah, fine. MR. WHITE: Just for the purpose of clarification, because this item requires our office to ultimately fine tune the agreement, what I understand the desire of the board is that with or without cause, if there's severance within the first year, that rather than six months, it would be a 30 day salary that would be paid from the date of notice of termination? COMMISSIONER COYLE: Yes. MR. WHITE: Okay. MR. FOWLE: Is there a way to address the thereafter, after one year, it goes back to the regular -- COMMISSIONER COYLE: provision. COMMISSIONER FIALA: A motion, please. COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER It goes back to the original Very good. Any further discussion? COLETTA: Motion for approval. HALAS: I'll second that. COYLE: With the modifications. COLETTA: With the modifications. COMMISSIONER FIALA: Okay. We have a motion to approve with the amendments and-- by Commissioner Halas and a second by Commissioner Coletta. Is that how it went? COMMISSIONER COLETTA: No, the other way around. COMMISSIONER FIALA: I'm sorry, motion to approve by Commissioner Coletta with a second by Commissioner Halas. COMMISSIONER HALAS: With the conditions that were just discussed attached to it. Page 22 March 12, 2004 MR. WHITE: Just one point of clarification, Madam Chair, I apologize. Going back to our discussions initially about the budget, would that be something that you'd still desire to be incorporated by reference, but only for the purposes of establishing those matters that are part of the contract, not that they're an obligation on the part of the CRA? COMMISSIONER COYLE: That would be my preference. COMMISSIONER COLETTA: Yes. COMMISSIONER FIALA: Okay. MR. BLAIR: I think that was the intent. COMMISSIONER FIALA: That was the intent? Okay. Fine. So we have everybody nodding on that one. Okay. Pat, would you like to read that motion back for us, please? MR. WHITE: I'd read it as a motion to approve the employment agreement between D. Aaron Blair and the Board of the Collier County Redevelopment Agency as included in the agenda packets with two additions, the first being a modification to paragraph four of the severance terms and conditions to include a term that would provide for -- in the event of severance with or without a cause within the first year of the agreement, that the amount of salary would be 30 days from the date of notice of termination, and a second to incorporate somewhere within the agreement by reference the budget as approved earlier in the agenda and only for the purposes of reference, and I believe that's the form of the motion. COMMISSIONER FIALA: May I just say that you didn't really mean Collier County Redevelopment Agency, you really meant Bayshore Gateway Triangle? MR. WHITE: No, the contract will be with the CRA. COMMISSIONER COLETTA: But the Bayshore-- MR. BLAIR: It has to be with the Collier County CRA. It's just this is the Bayshore Gateway redevelopment area, so it would the Bayshore Gateway -- Page 23 March 12, 2004 MR. WHITE: The services that are provided for are for a director that is employed for the purposes of working for the Bayshore Gateway redevelopment area, but the contract is with the entire CRA board. You're the governing-- COMMISSIONER FIALA: Oh, okay. Fine. Thank you for clarifying that. Okay. We have a motion on the floor-- an amended motion on the floor and a second. All those in favor say aye. COMMISSIONER HENNING: Aye. COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COYLE: Aye. COLETTA: Aye. FIALA: Aye. HALAS: Aye. COMMISSIONER FIALA: Opposed, like sign. Very good. It passes and we go on to citizen -- congratulations, Aaron, and congratulations CRA Advisory Board. MS. KING: Thank you. COMMISSIONER FIALA: Citizens' comments. Do we have any citizens' comments? That's it. I'd like to just comment on the record here that -- thank you, by the way, for nominating me as chairman. So I haven't been able to attend the last couple meetings because I have a kitchen cabinet meeting on the same day, so I'm going to change my kitchen cabinet meeting around so I can come back and sit in on your meetings again. MR. FOWLE: Good. We welcome you. COMMISSIONER FIALA: And the second thing was, yesterday we had a Bayshore Arts Steering Committee Investors workshop held at the Botanical Garden and, gosh, I was praying that we would have 30 people there. I was really hoping that we would have 50, but we were so pleasantly surprised to have 91. We were very pleased with that and very well received and you guys have been very supportive Page 24 March 12, 2004 throughout this whole process as we try and bring the influence of art to Bayshore, and we had many good comments at that meeting and good suggestions and some actual investors who are looking at the area closely. So I just wanted to tell you that went well. Go ahead, Ron. Item #6A DISCUSSION REGARDING THE HALDERMAN SHOW_ NOVEMlZlF, R 27 AND 28. 2004 CREEK ART MR. FOWLE: Also on the budget summary that you received, there's a mention there about the Haldeman Creek national art show. We're planning to put that on, I believe, in the end of November. COMMISSIONER FIALA: November 27th and 28th. MR. FOWLE: And the CRA has committed $5,000 to help that, but we would also be looking for help from the sheriff and Sani-Labs and anything we can to get this going so it's a first class show, because the way we've been explained by the director of it, this has to hit and be running and be good. Otherwise, the artists won't come back and they're looking to do this on an annual basis. So we have to make a very good impression with it. COMMISSIONER FIALA: And these are national artists; is that correct? MR. FOWLE: There will be over 200 that he expects to come for that. COMMISSIONER FIALA: And the little Bayshore Arts Steering Committee is hoping to kind of tuck in under whatever they're doing and have a little space because Bayshore Arts just -- Steering Committee just focuses on local art. They don't get into the national things and so forth, so -- but the local artists that are -- MR. FOWLE: If you see some requests, we hope you can act on Page 25 March 12, 2004 some of it to help them if at all possible. COMMISSIONER FIALA: Thank you. Any -- any more discussion, Commissioners? Well, then I'd like to have a motion to adjourn. COMMISSIONER COYLE: So moved. COMMISSIONER FIALA: Motion to adjourn by Commissioner Coyle, a nod from Commissioner Coletta. All those in favor say aye. COMMISSIONER HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: And opposed, like sign. We are adjourned. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 9:42 a.m Collier County Community Redevelopment Agency DONN~ FiXL'Z, C-h'~ir~nTn DWIGHT E. BROCK, CLERK s~gnature %1,~. :.' These minutes approved by the Board on presented or as corrected , as TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY HEATHER CASASSA Page 26