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Resolution 2015-217 CRA RESOLUTION NO. 15 - 217 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA; AMENDING CRA RESOLUTION NO. 2001- 98, AS AMENDED, AS IT RELATES TO THE BYLAWS OF THE IMMOKALEE LOCAL REDEVELOPMENT ADVISORY BOARD AND PROVIDING FOR AN EFFECTIVE DATE OF DECEMBER 31, 2015. WHEREAS, Community Redevelopment Agency (CRA) Resolution No. 2001-98 adopted bylaws for the CRA and set forth membership,terms, purposes, duties, organization, and rules of procedure; and WHEREAS, CRA Resolution No. 2001-98 also created the "Bayshore/Gateway Triangle Local Redevelopment Advisory Board" and the "Immokalee Local Redevelopment Advisory Board" and the bylaws for these Boards; and WHEREAS, CRA Resolution No. 2007-295 amended CRA Resolution No. 2001-98 as it relates to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board, by re-adopting its bylaws by separate Resolution as revised and amended; and WHEREAS, the Immokalee Local Redevelopment Advisory Board's bylaws incorporate provisions of Ordinance No. 95-22, as amended, which established the Immokalee Enterprise Zone Development Agency pursuant to §§290.001-290.016, F.S. (The Florida Enterprise Zone Act); and WHEREAS, the Board of County Commissioners will repeal Ordinance No. 95-22, as amended, effective December 31, 2015, to coincide with the repeal of the Florida Enterprise Zone Act; and WHEREAS, the repeal of Ordinance No. 95-22, as amended, makes it necessary to amend the Immokalee Local Redevelopment Advisory Board's bylaws; and WHEREAS; for purposes of consistency and to simplify futur' reference, the CRA desires to re-adopt the bylaws of the Immokalee Local Redevelopment Advisory Board by separate Resolution as revised and amended. NOW, THEREFORE BE IT ORDAINED BY THE COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA that 1 1. The bylaws of the Immokalee Local Redevelopment Advisory Board, attached hereto and incorporated herein by reference, are hereby approved and re-adopted as revised and amended. 3. Except as modified above, the bylaws adopted through CRA Resolution No. 2001-98, as amended, and as applies to the Community Redevelopment Agency, shall remain in full force and effect. 4. This Resolution shall become effective on December 31, 2015. THIS RESOLUTION ADOPTED this 7:1}h day ofOc�bew- , 2015, after motion, second and majority vote. ATTES, ': " ' COMMUNITY REDEVELOPMENT AGENCY DWIGHT E.BROCK Clerk OF COLLIER COUNTY, FLORIDA r1 By c:4;44/ A k Sf t CEa tit D Sputy Clerk DONNA FIALA, CHAIRMAN Approved as to form and legality: Jenn -r A. Belpedio Assistant County Attorney 2 BYLAWS OF THE IMMOKALEE LOCAL REDEVELOPMENT ADVISORY BOARD OF COLLIER COUNTY, FLORIDA ARTICLE I. NAME AND PURPOSE SECTION 1. Name: The local Advisory Board shall be known as Immokalee Local Redevelopment Advisory Board (the Advisory Board). SECTION 2. Redevelopment Area: The area of operation of the Advisory Board consists of that certain geographical area identified in CRA Resolution No. 2000- 01 by the Community Redevelopment Agency (CRA) and Resolution No. 2000- 181 by the Board of County Commissioners, and referred to therein as the Immokalee Redevelopment Area (the Redevelopment Area). SECTION 3. Purpose: The Advisory Board is intended to be the primary vehicle for community and professional input to the CRA for matters relating to the Redevelopment Area. The Advisory Board will consider and make recommendations to the CRA concerning the Immokalee Redevelopment Plan (the Redevelopment Plan), the hiring, measurement, and firing of staff, amendments to the Redevelopment Plan, the Redevelopment Area work program and its implementation, proposed acquisitions under the Redevelopment Plan, and any redevelopment or other public projects proposed for the Redevelopment Area. The CRA retains all executive authority and must approve any programs, actions, budgets, and capital expenditures contemplated by the Advisory Board. More specifically, the purpose and duties of each Advisory Board shall be as follows: (a) review the applicable Redevelopment Area's Redevelopment Plan and when necessary recommend to the CRA any changes to the Plan; (b) develop plans and budgets including expected personnel costs to realize the goals of the Redevelopment Plan including developing an annual work program, identifying project priorities, identifying appropriate capital expenditures, and developing incentives to further the redevelopment efforts and effectuate the purposes and provisions of the Act in the Redevelopment Area to be reviewed and approved by the CRA prior to each fiscal year; (c) consistent with the plans and budgets approved by the CRA, identify and employ or retain by contract such staff, personnel, technical experts, legal counsel, and other such agents and employees, permanent or temporary, as it requires, and determine their qualifications and duties. The Advisory Board may request and recommend contracts either with the County or with other persons, firms and individuals to provide services for and on behalf of the CRA. Page 1 of 8 (d) receive input from members of the public interested in redevelopment of the Redevelopment Area and to report such information to the CRA; and (e) review and recommend CRA action on any redevelopment or other public projects proposed in the Redevelopment Area as authorized under Chapter 163, Part III,Florida Statutes. (f) maintain general oversight of all activities, acquisitions, or other undertakings consistent with the power and authority delineated in Part III, Chapter 163 Florida Statutes that may further the interests of the Redevelopment Area and facilitate realization of the Redevelopment Plan. ARTICLE II.ADVISORY BOARD SECTION 1. Function: The Advisory Board is established to carry out those purposes that are outlined in Article I, Section 3 hereof. SECTION 2. Authority; Standing Rules: The Advisory Board shall be subject to the direct supervision of the CRA. The Advisory Board may prepare and adopt standing rules of procedure. Preparation, adoption and amendment of any such standing rules shall be at the discretion of the Advisory Board and must be consistent with these Bylaws, CRA Resolution No. 2000-01 and BCC Resolution No. 2000-181 which adopted the Redevelopment Plan, BCC Resolution No. 2000-83 which declared the BCC to be the CRA and authorized the creation of the Advisory Boards, the adopted Redevelopment Plan and the Act. Proposed standing rules or amendments to such rules shall be submitted by the Advisory Board to the CRA for a determination of consistency with all of the above. Any proposed rules or amendments to the rules will be effective upon that determination. Members of the Advisory Board shall serve without compensation, but may be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the CRA Board. SECTION 3. Appointment and Qualifications: The Advisory Board shall nominate members for review and approval by the CRA. Consideration should be given to appointing members that have experience in the following professions: finance, banking, architecture, engineering, education, law enforcement, social work, real estate sales and development, planning or design and building construction. Each member of the Advisory Board shall engage in business in the Redevelopment Area. For purposes of these bylaws, an individual who "engages in business" means an individual who owns real property or a business, practices Page 2 of 8 a profession or performs a service for compensation, or serves as an officer or director of a corporation or other business entity so engaged. Any group, committee or board existing at the time of adoption of these Bylaws may present one or more of its members for appointment as long as consideration is given to balancing the Advisory Board with representatives from the above-recommended professions. SECTION 4. Consideration should be given to appointing members of the Advisory Board for the Immokalee component redevelopment area as follows: a) Three (3) Immokalee residents; b) Three (3) individuals representing Immokalee businesses c) Three (3) representatives from local law enforcement to include County Code Enforcement, Sherriff's Office or Immokalee Fire Control District d) One (1) Immokalee MSTU Representative e) One (1) individual representing a non-profit operating in the Immokalee Component Redevelopment Area f) One (1) at-large representative who resides or engages in business, or both, in the Immokalee Component Redevelopment Area One (1) individual representing the Immokalee Chamber of Commerce SECTION 5. Application Procedures: Applicants must be residents and electors of Collier County. Given Immokalee's close proximity to both Lee and Hendry County's, waivers to the residency requirement can be awarded by the BCC to individuals who fall into one of the categories identified in Section 6, bullets a. thru g. Residents interested in applying to serve on the Advisory Board shall submit an application requesting such appointment and containing a brief resume to the County Attorney's Office. The Advisory Board will review those applications submitted and forward its recommendations to the County Attorney's Office. Guidelines for appointing the members to the Advisory Board will be consistent with those procedures outlined in BCC Resolution No. 2006-83. SECTION 6. Terms: Advisory Board members shall serve for two (2) year terms, with no more than two reappointments permitted. SECTION 7. Vacancies: Vacancies occurring on the Advisory Board shall be publicized, but need not be advertised, in a publication of general circulation within the County; and vacancy notices are to be posted in the County libraries, at the County Government Center and on the internet by the Office of the County Attorney. Appointment to fill vacancies will be administered as provided in Section 5 of this Article. The term of an Advisory Board member appointed to fill Page 3 of 8 a vacancy expires at the time the term of the vacating member would have expired. SECTION 8. Attendance, Removal and Resignation: It is the intent and strong desire of the CRA that there be full attendance of Advisory Board members at all meetings, recognizing, however, that it may be necessary for board members to be absent from a meeting due to unusual or emergency circumstances. The following requirements are established: (a) Any Advisory Board member who is absent for more than two-thirds of the Advisory Board's meetings in a given fiscal year shall be deemed to have tendered his or her resignation from the Advisory Board. The CRA shall, as soon as practicable after such resignation, declare the position vacant and shall promptly fill the position. The affected Advisory Board member shall not serve at any meeting after his or her position is declared vacant by the CRA. (b) In the event that any Advisory Board member is absent from two consecutive Advisory Board meetings without an excuse acceptable to the Advisory Board, the Advisory Board chairman shall state such fact at the next regularly scheduled Advisory Board meeting and shall thereafter notify, in writing, the CRA of the Advisory Board member's failure to attend without a satisfactory excuse. The CRA shall review the notification at a CRA meeting and shall declare the Advisory Board member's position to be vacant if the CRA concurs that the Advisory Board member was absent from two consecutive Advisory Board meetings without a satisfactory excuse and shall promptly fill that position pursuant to the provisions of Article II, Section 7. (c) For purposes of this Section 8, attendance means presence at the meeting no later than fifteen minutes after the meeting is called to order as verified by the Secretary on the attendance record. (d) A member may resign at any time by delivering notice thereof to the Advisory Board and the CRA Chairman. A resignation is effective when the notice is delivered to the CRA Chairman unless the notice specifies a later effective date and the CRA accepts the future effective date. The pending vacancy may be filled before the effective date provided that the successor does not sit on the Advisory Board at a meeting until the effective resignation date. ARTICLE III. OFFICERS AND SECRETARY SECTION 1. Officers: The officers of the Advisory Board shall be a Chairman and a Vice Chairman. The Secretary shall be the individual assigned from CRA staff, but shall have no vote. Page 4 of 8 SECTION 2. Role of Chairman: The Chairman shall preside at all meetings and hearings of the Advisory Board and shall have the duties normally conferred by parliamentary usage on such office. The Chairman shall call special meetings, serve as the Advisory Board liaison to the CRA, and shall perform such other duties as are customary for the Chairman. SECTION 3. Role of Vice Chairman: The Vice Chairman shall act for the Chairman in the Chairman's absence. The Vice Chairman shall also perform such duties as are delegated by the Chairman. SECTION 4. Role of Secretary: It is the duty of the secretary to (a) keep the minutes of the proceedings of the meetings of the Advisory Board, (b) provide all notices in accordance with the provisions of these Bylaws or as required by law, (c) post or cause to be posted all meeting notices as required and notify members, (d) maintain custody of the Advisory Board records, and (e) in general perform all duties from time to time as may be prescribed by the Chairman or the Advisory Board. SECTION 5. Officer Absences: In the absence of the Chairman and Vice Chairman, the quorum present shall select a Chairman for the meeting. SECTION 6. Election of Officers: Officers shall be elected annually at the first regular meeting of the year. Election requires nomination from the floor and an affirmative vote by a majority of the Advisory Board members present and voting, provided a quorum is present at such meeting. Officers shall be seated immediately upon their election. SECTION 7. Terms of Office: Each officer duly elected by the Advisory Board shall serve a term of one year until the next annual election (or as otherwise determined by the standing rules of the Advisory Board). All officers shall hold office until their successors have been elected or until their earlier resignation, removal from office or death. No person may simultaneously hold more than one office on the Advisory Board. SECTION 8. Officer Vacancies: If a vacancy exists for any office, the Advisory Board shall elect a new officer by the affirmative vote of a majority of the Advisory Board members present and voting at a meeting of the Advisory Board, to fill the incomplete term of the vacated office. SECTION 9. Removal or Resignation: The Advisory Board may remove an officer at any time with or without cause by the affirmative vote of a majority of the Advisory Board members present and voting at a duly constituted meeting of the Advisory Board. An officer may resign at any time by delivering notice thereof to the Advisory Board. A resignation is effective when the notice is delivered to the Advisory Board unless the notice specifies a later effective date and the Advisory Board accepts the future effective date. The pending vacancy Page 5 of 8 may be filled before the effective date provided that the successor does not take office until the effective date. ARTICLE IV. SUBCOMMITTEES SECTION 1. Creation: The Advisory Board may create, from time to time, such subcommittees as shall be necessary or desirable to carry out the functions, purposes, and objectives of the Advisory Board. Any such subcommittees shall be subordinate to the Advisory Board, shall be assigned a specific purpose and objective, and shall be given a date certain to complete its tasks, at which time the subcommittee shall be dissolved, unless said date is extended by the affirmative vote of a majority of the Advisory Board members present and voting at a duly constituted meeting of the Advisory Board. SECTION 2. Members: The members of such subcommittee shall be elected by the Advisory Board for such term and shall have qualifications as the Advisory Board may desire. SECTION 3. Removal: The Advisory Board may remove any subcommittee member with or without cause by the affirmative vote of a majority of Advisory Board members present and voting at any meeting of the Advisory Board. SECTION 4. Rules and Procedures: The subcommittees shall be subject to the same parliamentary procedures as the Advisory Board and Florida's Government in the Sunshine Law. ARTICLE V. MEETINGS SECTION 1. Meetings: Regular meetings of the Advisory Board shall be held on such day, time and place as may be determined by the Advisory Board, and at a minimum once a month. The purpose of the meetings is to discuss and to then prepare recommendations and advice to the CRA on matters brought before the Advisory Board. SECTION 2. Quorum and Voting: At all regular or special meetings of the Advisory Board, a majority of the membership of the Advisory Board shall constitute a quorum. Voting shall be by voice unless a member of the Advisory Board requests a roll call. The roll shall be in alphabetical order with the first name called rotating with each motion upon which the vote is called. The Chairman shall always vote last. A record of the roll call shall be kept as part of the minutes. SECTION 3. Special Meetings: Special meetings may be called by the Chairman at anytime provided adequate notice is given pursuant to this Article. The Chairman may also call a special meeting when requested to do so in writing by a majority of the members of the Advisory Board or by a CRA staff member. The notice of such a meeting shall specify the purpose of such a meeting and no other Page 6 of 8 business may be considered except by unanimous consent of the Advisory Board. All members of the Advisory Board shall be notified in advance of such special meetings by the Secretary. SECTION 4. Notice and Publication: The Secretary shall give notice and keep a record of such notice of its meetings and the meetings of the subcommittees including the date, time, and location of each regular and special meeting. Notice shall be forwarded to the County Communications and Customer Relations Department for posting at the County Government Center and other appropriate locations as recommended by the Advisory Board and at the County Communications and Customer Relations Department. SECTION 5. Open Meetings: All meetings of the Advisory Board or its subcommittees shall be open to the public and governed by the provisions of Florida's Government in the Sunshine Law. SECTION 6. Minutes: The minutes of all meetings shall be promptly recorded, and such records shall be open to public inspection, in accordance with applicable law. SECTION 7. Location: Meetings of the Advisory Board, or any of its subcommittees shall be held in a location accessible to the public. SECTION 8. Meeting Agenda: The agenda for each meeting of an Advisory Board or any of its subcommittees shall be outlined by the Chairman and submitted to the Secretary for preparation. Any Advisory Board member or subcommittee member may place an item on its own agenda by submitting it to the Chairman for forwarding to the Secretary prior to the deadline for publishing the notice of such meeting. SECTION 9. Order of Business: The order of business at regular meetings shall be: (a) Roll Call (b) Adoption of the Agenda (c) Adoption of Minutes from Previous Meeting (d) Communications (e) Old Business (f) New Business (g) Citizen Comments (h) Adjournment SECTION 10. To provide for the orderly and efficient conduct of its meetings, each Advisory Board shall follow Roberts Rules of Order. Page 7 of 8 ARTICLE VI. CONFLICT The provisions of these bylaws shall apply to the Advisory Board except as otherwise provided by Collier County Ordinance No. 95-22, as amended. It is the intent of the CRA that Collier County Ordinance No. 2001-55, as amended, shall not apply to the Advisory Boards. ARTICLE VII AMENDMENTS These Bylaws may be amended at any duly constituted meeting of the CRA by an affirmative vote by a majority of the CRA members present and voting after the proposed amendment has been listed on the agenda and submitted to the CRA for review and discussion. Page 8 of 8