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Agenda 06/13/2003 CRA COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY AGENDA June 13, 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. 1. PLEDGE OF ALLEGIANCE 2. ADOPTION OF AGENDA 3. BRIEF ADDRESS (5 MINUTES) FROM THE BAYSHOREIGATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD CHAIRMAN - BILL NEAL. BAYSHORE/GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA ITEMS TO APPROVE THE ADDITION OF TWO AT LARGE MEMBERS TO THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT ADVISORY BOARD AND ALL NECESSARY BY-LAWS AMENDMENTS. 1 B. TO APPROVE AND EXECUTE THE SITE IMPROVEMENT GRANT AGREEMENTS BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY AND GRANT APPLICANTS WITHIN THE BAYSHORE~ATEWAY TRIANGLE REDEVELOPMENT AREA. C. TO APPROVE THE CREATION OF AN EXECUTIVE DIRECTOR POSITION TO MANAGE THE BUSINESS OF THE BAYSHOR~GATEWAY TRIANGLE REDEVELOPMENT AREA. 5. ADJOURN INQUIRIES CONCERNING CHANGES TO THE CRA'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 2 COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE SUMMARY TO APPROVE THE ADDITION OF TWO AT BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT NECESSARY BY-LAWS AMENDMENTS. CRA AGENDA ITEM JUNE 13, 2003 LARGE MEMBERS TO THE ADVISORY BOARD AND OBJECTIVE: To approve the addition of two at large members to the Bayshore/Gateway Triangle Redevelopment Advisory Board and all necessary by-law amendments. CONSIDERATIONS: On May 7, 2003 the Bayshore/Gateway Triangle Local Redevelopment Advisory Board recommended that the Community Redevelopment Agency approved the addition of two at large members to the Bayshore/Gateway Tdangle Redevelopment Advisory Board. These two individuals must reside or own a business, or both, in the Bayshore/Gateway Tdangle Redevelopment Area. This addition would increase the size of the advisory board from 7 members to 9 members. On May 13, 2003 the Board of County Commissioners, not aware of the fourth coming Advisory Board recommendation, approved a recommendation by Commissioner Henning to allow for 2 of the 7 current Bayshore / Gateway Triangle Advisory Board Members to be at large members who do not have to live, work, or own property within the redevelopment area. ~ Currently the Advisory Board consists of 7 members who all reside or own a business, or both, in the Bayshore/Gateway Tdangle Component Redevelopment Area. FISCAL IMPACT: There is no fiscal impact associated with the addition of two at large members to the Bayshore/Gateway Triangle Redevelopment Advisory Board. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County that may consider altemative land use plans, modifications to development standards, and incentives to encourage redevelopment. ADVISORY BOARD RECOMMENDATION: To approve the addition of two at large members to the Bayshore/Gateway Triangle Redevelopment Advisory Board and all necessary by-law amendments. These two individuals must reside or own a business, or both, in the Bayshore/Gateway Tdangle Redevelopment Area. This addition would increase the size of the advisory board from 7 members to 9 members. PLANNING SERVICES DEPARTMENT REACOMMNEDATION: To approve the addition of two at large members to the BayshoretGateway Tdangle Redevelopment Advisory Board and all necessary by-law amendments. These two individuals will not be required to live, work, or own property within the redevelopment area. This addition would increase the size of the advisory board from 7 members to 9 members. D.'~ARON B~l~l'r; URBAN D--'~GN PLANNER DATE COMMUNITY PLANNING & REDEVELOPMENT SECTION -1_- RAN~Y COHEN,~/MANAGER DATE COMMUNITY PLANNING & REDEVELOPMENT SECTION /WED BY: , / MARGARET(.}~U ERSTLE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE J/D~EPH K. SCHMITT DATE /A~MINISTRATOR I~OMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE SUMMARY CRA AGENDAITEM JUNE 13, 2003 TO APPROVE AND EXECUTE THE SITE IMPROVEMENT GRANT AGREEMENTS BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY AND GRANT APPLICANTS WITHIN THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA. OBJECTIVE: To approve and execute the Site Improvement Grant agreements between the Community Redevelopment Agency and grant applicants within the Bayshore/Gateway Triangle Redevelopment Area. CONSIDERATIONS: On April 30, 2002 the Community Redevelopment Agency approved the creation of a Site Improvement Grant program for the Bayshore/Gateway Tdangle Redevelopment Area. The purpose of the grant is to revitalize the area by providing a matching grant that will encourage the private sector to invest in the area. The grant requires at least a 50% match from the applicant and will be funded by tax increment funds. The Bayshore/Gateway Triangle Local Advisory Board approved Site Improvement Projects from the following applicants: 1. Sherrie Morkunas- Commercial Rehab 2. Robed Flick- Residential Rehab 3. Mark Hendry- Commercial Rehab FISCAL IMPACT: The Site Improvement Grant may provide up to 50% of the cost of improvements, up to a maximum grant amount of $4,000. A maximum of $12,000 will be funded for the three approved projects. All funds were properly budgeted at the April 30, 2002 CRA Board Meeting (See attached Executive Summary). GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore/Gateway Triangle, that may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. ADVISORY BOARD RECOMMENDATION: To approve and execute the Site Improvement Grant agreements between the Community Redevelopment Agency and grant applicants within the Bayshore/Gateway Tdangle Redevelopment Area. PLANNING SERVICES DEPARTMENT RECOMMENDATION: To approve and execute the Site Improvement Grant agreements between the Community Redevelopment Agency and grant applicants within the Bayshore/Gateway Tdangle Redevelopment Area. D. AARON BLAIR, URBAN DESIGN PLANNER COMMUNITY PLANNING & REDEVELOPMENT SECTION RANDY COHEN, IANAGER COMMUNITY PLANNING & REDEVELOPMENT SECTION DATE DATE PLANNING SERVICES DEPARTMENT DIRECTOR DATE JO/SF:/PH K. SCHMITT DATE AI~IV//1N ISTRATOR COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE SUMMARY CRA AGENDA ITEM 7B April 31}, 2002 RECOMMENDATION THAT THE COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVE BOTH THE SITE IMPROVEMENT GRANT AND IMPACT FEE ASSISTANCE GRANT PROGRAMS RECOMMENDED BY THE BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD; APPROVE THE ATTACHED BUDGET AMENDMENT REQUEST FOR THE TWO GRANT PROGRAMS; AUTHORIZE THE COUNTY ATTORNEY AND STAFF TO DRAFT ANY NECESSARY AGREEMENTS AND ORDINANCE OR RESOLUTION LANGUAGE ESTABLISHING BOTH GRANT PROGRAMS FOR ADOPTION BY THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS. OBJECTIVE: To receive approval of the proposed Site Improvement Grant and Impact Fee Assistance Grant Programs recommended by the CRA Bayshore/Gateway Triangle Local Redevelopment Advisory Board. Both grant programs apply only to properties within the Bayshore/Gateway Redevelopment Overlay Area as identified on the County's Future Land Use Map (FLUM). CONSIDERATIONS: Tasked with the responsibility of creating a workable incentives program, the CRA Bayshore/Gateway Triangle Advisory Board has identified two matching grant programs for the CRA to consider. Consistent with the adopted Redevelopment Plan, the intent of these two grant programs is to revitalize the area by providing incentives that wilt encourage the private sector to invest in the area. Both grant programs require funding to be allocated from the tax increment funds for the Bayshore/Gateway Triangle Redevelopment Area - Fund 187. The proposed programs are a Site Improvement Grant and Impact Fee Assistance Grant for the Bayshore/Gateway Triangle Redevelopment Area. Each applicant must meet certain eligibility criteria and points will be awarded based on evaluation criteria. All residential properties within the Bayshore/Gateway Triangle Redevelopment Overlay are eligible for Site Improvement Grants. However, only commercial projects located within the Bayshore Drive Mixed Use Zoning Overlay are eligible for Site Improvement Grant funds (see Figure 1). Impact Fee Assistance Grant funds are eligible for residential and commercial properties (owners only) throughout the Bayshore/Gateway Triangle Redevelopment Overlay. The grants require at least a 50% match from the applicant and will be funded by tax increment funds from 2000. Funds collected from 2001 will not be allocated until next year. Initially, this one-year lag in fund availability provides flexibility to the CRA to modify the program as needed and reserve capital should the CRA pursue bonding. There will be a grant deadline and all projects will be considered at the same time for the Site Improvement Grant prograrn. Impact Fee Assistance Grant applications will be considered in groups according to scheduled periodic (e.g. quarterly) review and award periods until all allocated funds are depleted. Site Improvement Grant applications will be reviewed by the Bayshore/Gateway Advisory Board and any applicable county departments that wouM normaltv review such a project. Impact Fee Assistance Grant applications wilt be reviewed by the Bayshore/Gateway Advisory Board apd the County Impact Fee Coordinato:' and any other applicable d¢~partments. 'Fl~ese review bodies will then forwnrd ~heir recommendation for assistance to the CRA for finrtl approval. It is recommended that the final recommendation for ,spprova! by the CRA be d~ne a.,; ~or~.qent ~genda it~ms. FISCAL IMPACT: ,,. ~ CRA redevelopment efforts are partially funded thro~lgh Tax Incrernent Financing {TIF). Hence, the incremental difference in tax revenues between the original frozen assessrnent value (1999), and the .._new higher assessed value in the Redevelopment Area is used to finance redevelopment efforts in -1- the Bayshore/Gateway Triangle Redevelopment Area. The CRA Advisory Board recommends 30% of the first year of accrued tax increment revenue be set aside to fund these two grant programs. More specifically, it is recommended that 20% of the annual tax incrernent funds be allocated for Site ~.._. Improvement Grants, and 10% allocated to Impact Fee Assistance Grants. It is furth'er- recommended that the Advisory Board revisit the programs each year for adjustment as needed. Because the Advisory Board has also been considering bonding the CRA TIF to receive more funding up front to implement the Redevelopment Plan, the Advisory Board recommends that only the first year of tax increment funds (2000-2001) be committed to implementing these programs. The total TIF funds from 2000-2001 are $12'1,000; 30% ($36,300) is available for these two grant programs in the Bayshore/Gateway Triangle Redevelopment Area (Fund 187). $24,000 will be allocated for Site Improvement Grants and $12,000 for Impact Fee Assistance Grants for 2002, using 2000-2001 'TIF funds. The Site Improvement Grant may provide up to 50% of the cost of improvements, up to a maximum grant amount of $4,000 (six grants). The Impact Fee Assistance Grant may provide up to 50% of the total impact fees for a project, up to a maximum grant amount of $6,000 (two ,grants). The more match provided, the more points awarded. CONSISTENCY WITH ADOPTED REDEVELOPMENT PLAN: The above-mentioned incentive programs generally support the objectives of the redevelopment plan. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the. County, including the Bayshore/Gateway Triangle, that may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. PLANNING SERVICES RECOMMENDATION: That the Community Redevelopment Agency (CRA) approve both the Site Improvement Grant and Impact Fee Assistance Grant Programs for the Bayshore/Gateway Triangle Redevelopment Area, recognizing modifications to the draft grant applications may be necessary. Authorize the County Attorney and Planning Staff to draft any necessary agreements and Ordinance or Resolution language outlining and establishing both grant programs for adoption at a later date by the Collier County Board of County Commissioners. PREPARED BY: COMPREHENSIVE PLANNING SECTION April 17, 2002 DATE REVIEWED BY: MARLENE FOORD, PRINCIPAl_ PI.ANNER COMPREHENSIVE PLANNING SEC'f'ION DAYE ' - .. ,-~ S'f'AN LITSINGER, AICP ~"'~ ~'COMPREHENSIVE PLANNING MANAGER / .'/SUSAN MURRAY-' ~CP ............. / '-- ~ PLANNING SERVICES DEPARTMENT DIRECTOR DA'YE APPROVED BY: j O S E'~,,~' -E -S-C-R-~'I~':? AE~MiNiSTRATE~R coMIv~JNITY DEV, AND ENVIRONMEN-FAL SERVICES ~ / GRANT AGREEMENT BETWEEN CRA AND OWNER FOR SITE IMPROVEMENT FOR BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA THIS AGREEMENT ENTERED this __ day of , 2003 by and between the Collier County Community Redevelopment Agency (hereinafter referred to as "CRA") and '~ h ¢¢Clq f'~O C~,~ ~ (hereinafter collectively referred to as "Owner"). WITNE S SETH: WHEREAS, in Collier County Ordinance No. 2002-38, the Board of County Commissioners delegated authority to the CRA to award and administer CRA grants including contracts with owners for CRA grants; and Owner has applied for a site improvement grant in the amount of ql000 WXIEREA$, dollars; and WHEREAS, the CRA has determined that Owner meets the eligibility requirements and was approved for a grant award in the amount of qtOOD dollars on ,2003 ("CRA Approval"), which is 1['7 % of the costs to construct the site improvements. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration, the parties agree as follows: 1. Owner acknowledges to the CRA that Owner has received a copy of the Collier County Community Site Improvement Grant Program (hereinafter referred to as "Grant Program"), that Owner has read the Grant Program, and that Owner has had ample opportunity to discuss the Grant Program with Owner's counsel or advisor. Owner further acknowledges to the CRA that Owner understands and agrees to abide by all of the terms and conditions of the Grant Program. Owner agrees to the terms and conditions of the Grant Program, a copy of which is attached as Exhibit "A" and incorporated herein. 2. Owner is the record owner of property described as ~2100 3. Owner has agreed to make certain improvements to the property pursuant to the ~ant application submitted to the CRA dated ~¢t~ ~.~5 ~_o~ (the "Site Improvements") 4. Owner agrees to complete the construction of the Site Improvements within one (1) year of CRA Approval. Owner also agrees to fund at least 50% of the costs of the Site Improvements. 5. CRA has approved a grant to Owner in the amount of t4~ 0~ 0 to be administered pursuant to the terms of this Agreement based on an estimated cost of ~'5~0 If the actual costs are less than the estimated costs to construct the Site Improvements, the grant amount shall be reduced to equal the percent of the Site Improvement costs approved for funding by the CRA. 6. Unless prior disclosure is included in the grant application, no Owner, or any immediate relative of Owner, shall serve as a contractor or subcontractor for the construction of the Site Improvements and no Owner, or any immediate relative of Owner, shall receive compensation for labor for the construction of the Site Improvements. An immediate relative of Owner shall include mother, father, brother, sister, aunt, uncle and cousin or family member by marriage to include mother-in-law, father-in-law, brother-in-law and sister-in-law. 7. Owner agrees to obtain all necessary permits and submit any required plans to the County's Community Development and Environmental Services Division. Upon completion of the work, Owner shall submit to the CRA staff a project summary report, two (2) 8 x 10 after photos, a list of materials and construction techniques used, a list of architects and/or contractors, and any other information specific to the project or requested by the CRA staff. The CRA, through its staff, shall confirm that the Site Improvements were constructed pursuant to the terms of the application approved by the CRA. 8. Within forty-five (45) days af[er confirmation that the Site Improvements were constructed pursuant to the terms of the approved application, Owner shall be issued a check in the amount of the grant. However, if Owner fails to make the improvements pursuant to the terms of the approved application, or if the project is not completed within one (1) year of CRA approval, or if Owner fails' to fund at least 50% of the cost of the Site Improvements, the grant shall be deemed revoked and Owner shall be entitled to no funding. of Florida. This Agreement shall be governed and construed pursuant to the laws of the State 10. This Agreement contains the entire agreement of the parties and their representatives and agents, and incorporates all prior understandings, whether oral or written. No change, modification or amendment, or any representation, promise or condition, or any waiver, to this Agreement shall be binding unless in writing and signed by a duly authorized officer of the party to be charged. 11. This Agreement is personal to Owner, and may not be assigned or transferred by Owner or to Owner's respective heirs, personal representatives, successors or assigns without the prior written consent of the CRA. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above. 0) . .:.. ~tness S~gnamre ed Name VCitness Prmted/Typed Name Printed/Typed Name ATTEST: DWIGHT E. BROCK, Clerk COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY , Deputy Clerk By: FRED W. COYLE, Chairman Approved as to form and legal sufficiency: Patrick G. White Assistant County Attomey GRANT AGREEMENT BETWEEN CRA AND OWNER FORSITE IMPROVEMENT FOR BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA THIS AGREEMENT ENTERED this day of , 2003 by and between the Collier County Community Redevelopment Agency (hereinafter referred to as "CRA") and i2obe.(-I' A. WI IC.k~ (hereinafter collectively referred to as "Owner"). WITNE S SETH: WHEREAS, in Collier County Ordinance No. 2002-38, the Board of County Commissioners delegated authority to the CRA to award and administer CRA grants including contracts with owners for CRA grants; and WHEREAS, Owner has applied for a site improvement grant in the amount of~/9/9/) dollars; and WHEREAS, the CRA has determined that Owner meets the eligibility requirements and was approved for a grant award in the amount of ~'~t00o dollars on ,2003 ("CRA Approval"), which is _~39__% of the costs to construct the site improvements. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration, the parties agree as follows: I. Owner acknowledges to the CRA that Owner has received a copy of the Collier County Community Site Improvement Grant Program (hereinafter referred to as "Grant Program"), that Owner has read the Grant Program, and that Owner has had ample opportunity to discuss the Grant Program with Owner's counsel or advisor. Owner further acknowledges to the CRA that Owner understands and agrees to abide by all of the terms and conditions of the Grant Program. Owner agrees to the terms and conditions of the Grant Program, a copy of which is attached as Exhibit "A" and incorporated herein. 2. Owner is the record owner of property described as ~ q } I C ar~txl 53F. 3. Owner has agreed to make certain improvements to the property pursuant to the grant application submitted to the CRA dated ]~e~[ft/*r¥ ~;t 2-009 (the "Site Improvements") 4. Owner agrees to complete the construction of the Site Improvements within one (1) year of CRA Approval. Owner also agrees to fund at least 50% of the costs of the Site Improvements. 5. CRA has approved a grant to Owner in the amount of ~141000 to be administered pursuant to the terms of this Agreement based on an estimated cost of ~ l[Ij 000 If the actual costs are less than the estimated costs to construct the Site "'-' Improvements, the grant amount shall be reduced to equal the percent of the Site Improvement costs approved for funding by the CRA. 6. Unless prior disclosure is included in the grant application, no Owner, or any immediate relative of Owner, shall serve as a contractor or subcontractor for the construction of the Site Improvements and no Owner, or any immediate relative of Owner, shall receive compensation for labor for the construction of the Site Improvements. An immediate relative of Owner shall include mother, father, brother, sister, aunt, uncle and cousin or family member by marriage to include mother-in-law, father-in-law, brother-in-law and sister-in-law. 7. Owner agrees to obtain all necessary permits and submit any required plans to the County's Community Development and Environmental Services Division. Upon completion of the work, Owner shall submit to the CRA staff a project summary report, two (2) 8 x 10 after photos, a list of materials and construction techniques used, a list of architects and/or contractors, and any other information specific to the project or requested by the CRA staff. The CRA, through its staff, shall confirm that the Site Improvements were constructed pursuant to the terms of the application approved by the CRA. 8. Within forty-five (45) days after confirmation that the Site Improvements were constructed pursuant to the terms of the approved application, Owner shall be issued a check in the amount of the grant. However, if Owner fails to make the improvements pursuant to the terms of the approved application, or if the project is not completed within one (1) year of CRA approval, or if Owner fails to fund at least 50% of the cost of the Site Improvements, the grant shall be deemed revoked and Owner shall be entitled to no funding. of Florida. This Agreement shall be governed and construed pursuant to the laws of the State 10. This Agreement contains the entire agreement of the parties and their representatives and agents, and incorporates all prior understandings, whether oral or written. No change, modification or amendment, or any representation, promise or condition, or any waiver, to this Agreement shall be binding unless in writing and signed by a duly authorized officer of the party to be charged. 11. This Agreement is personal to Owner, and may not be assigned or transferred by Owner or to Owner's respective heirs, personal representatives, successors or assigns without the prior written consent of the CRA. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above. Prmtedffyped Name Printed/Typed Name OWNER: By: Primed/Typed Name ATTEST: DWIGHT E. BROCK, Clerk COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY , Deputy Clerk By: FRED W. COYLE, Chairman Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE SUMMARY CRA AGENDA ITEM JUNE 13, 2003 TO APPROVE THE CREATION OF AN EXECUTIVE DIRECTOR POSITION TO MANAGE THE BUSINESS OF THE BAYSHOREIGATEWAY TRIANGLE REDEVELOPMENT AREA. " - OBJECTIVE: To approve the creation 'of an Executive Director Bayshore/Gateway Triangle Redevelopment Area. position to manage the business of the CONSIDERATIONS: On May 7, 2003 the Bayshore/Gateway Tdangle Local Redevelopment Advisory Board recommended that the Community Redevelopment Agency approve the creation of an Executive Director position to manage the business of the Bayshore/Gateway Triangle Redevelopment Area. This individual will direct the daily operations of the Bayshore/Gateway Tdangle Redevelopment Area. The Bayshore/Gateway Tdangle Advisory Board will dictate the workload of this individual. Some of the responsibilities of the position would include the following; writing and administration grants, executive summaries, budget amendments, any presentations at public hearings or meetings, and LDC amendments. Attached is the job listing to be posted as drafted by the Bayshore/Gateway Tdangle Advisory Board. FISCAL IMPACT: -~ There is no fiscal impact associated with the creation of an Executive Director at this time. However, approximately $40,000-$70,000, not including benefits, of accrued tax increment revenue from the Bayshore/Gateway Triangle Redevelopment Trust Fund (Fund 187) will be used for the funding of this position. Currently the Bayshore/Gateway Triangle CRA funds $15,000 a year towards an Urban Design Planner position within the Community Planning and Redevelopment Section of Planning Services. This person dedicates 1/3 of their time to Bayshore/Gateway Tdangle activities. If the Executive Director position is approved the Bayshore/Gateway Triangle Advisory Board will then seek to terminate their funding of $15,000 a year towards the Urban Design Planner position within the Community Planning and Redevelopment Section of Planning Services. The Executive Director position will be fully funded, benefits included, through the Bayshore/Gateway Triangle Redevelopment Fund (Fund 187). Once a salary and benefits are determined for the position the appropriate budget amendments will be done. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County that may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. ADVISORY BOARD RECOMMENDATION: To approve the creation of an Executive Director Position to manage the business of the Bayshore/Gateway Triangle Redevelopment Area and authorize the necessary budget amendments and transfers when appropriate. PLANNING SERVICES DEPARTMENT REACOMMNEDATION: To NOT approve the creation of an Executive Director Position to manage the business of the Bayshore/Gateway Triangle Redevelopment Area. An analysis of past projects and time expended by Community Planning and Redevelopment Staff indicates that the workload associated with the Bayshore/Gateway Tdangle Redevelopment Area does not warrant the hidng of a fulltime Executive Director at this time. PREPARED BY.'~ D. AA~,ON BI~IR, URBAI~I DESIGN PLANNER DATE COMMUNITY PLANNING & REDEVELOPMENT SECTION. DATE COMMUNITY PLANNING & REDEVELOPMENT SECTION I:k~ EWED BY: // MARGARI~T/WUERSTLE, AICP PLANNING~SERVlCES DEPARTMENT DIRECTOR / i /er / /JOSEPH K. SC~IMITT DATE ( AI~INISTRATOR k~/oMMuNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES Community Redevelopment Agency Executive Director BayshorelGateway Triangle Redevelopment Agency This position is a high visibility opportunity for a creative community development specialist to lead in the development, approval, and implementation of a comprehensive community redevelopment plan in an area abutting Naples Bay and directly adjacent to the City of Naples, Flodda. Competitive salary and beneffis will be offered based on experience. Minimum qualifications include a bachelor's degree in planning, public administration, or related field from an accredited college or equivalent work experience. Prior experience as an administrator for a Community Redevelopment Administration or as a senior public sector manager in planing, zoning, building, or a related field is preferred. The position requires proficiency in oral and written communications, project organization and management, budgeting procedures, and an understanding of contracting procedures and management. The ability to maintain effective working relationships with the general public, co-workers, and elected officials will be crucial to success in this position. Memorandum To; From: Thru: Date: Subject: Community Redevelopment Agency Randy Cohen, Community Planning and Red/~elopment Manager ~ ~/~ Joseph K. Schmitt, CDES Administrator~/~/,i//~ June 10, 2003 ~/ Supplemental Memorandum to CRA Agenda Item 4.A. "TO APPROVE THE ADDITION OF TWO AT LARGE MEMBERS TO THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT ADVISORY BOARD AND ALL NECESSARY BY-LAW AMENDMENTS" The purpose of this supplemental memorandum is to provide an altemative Executive Summary, a CRA resolution, Bylaw changes and a strike-thru version of the Bylaw changes for your review and consideration. The attached items were proffered to the Community Planning and Redevelopment Section by legal staff yesterday. According to our legal department, the attached items reflect action taken by the Community Redevelopment Agency (CRA) on May 13, 2003 wherein the CRA approved a revision to the Bylaws of the Collier County Community Redevelopment Agency Local Redevelopment Advisory Boards of Collier County, Florida to permit countywide representation on the Bayshore/Gateway Triangle Local Redevelopment Advisory Board. Earlier this week, the CRA had previously been provided with an Executive Summary that depicts three possible Advisory Board Composition Scenarios. Included in that Executive Summary was a reference to the aforementioned Advisory Board Composition alternative set forth in a motion by the CRA on May 13, 2003. Advisory Board composition is a matter of policy to be determined by the CRA. Please take into consideration prior CRA action that resulted in the preparation of the attached resolution and proposed Bylaw changes, the contrary recommendation of the Bayshore/Gateway Triangle Local Redevelopment Advisory Board and a hybrid version that Planning Services had recommended. Regardless, Advisory Board Composition is a matter of policy that should be set forth by the CRA. The three alternatives have been provided for your review and consideration. If you have any questions pertaining to the three possible alternatives, Planning Services staff is available to discuss each alternative at your convenience. Cc: Jim Mudd, County Manager Leo Ochs, Assistant County Manager Margaret Wuerstle, Planning Services Director Joseph K. Schmitt, CDES Administrator Patrick White, Assistant County Attorney EXECUTZVE SUMMARY TO REVISE THE BYLAWS OF THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY LOCAL REDEVELOPMENT ADVISORY BOARDS OF COLLIER COUNTY, FLORIDA, BY REVISING THE MEMBERSHIP OF THE BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD TO PERMIT COUTYWIDE REPRESENTATIVES, AND TO IMPROVE AND UPDATE THE LANGUAGE OF THE BYLAWS. OB3EC'I'~VE: To approve revisions of the Bylaws of the Community Redevelopment Agency Local Redevelopment Advisory Boards of Collier County, Florida, to permit countywide representatives as members of the Bayshore/Gateway Triangle Local Redevelopment advisory board, and to improve, generally, the language of these Bylaws. CONSIDERATION: On May 13, 2003, the Collier County Community Redevelopment Agency (CRA) approved a revision to the Bylaws of the Collier County Community Redevelopment Agency Local Redevelopment Advisory Boards of Collier County, Florida, to permit countywide representation on the Bayshore/Gateway Triangle Local Redevelopment Advisory Board. The current membership of the Bayshore/Gateway Triangle Local Redevelopment Advisory Board includes the following: (a) One (b) One (c) One (d) One (e) One (f) One (1) Bayshore resident; (1) Gateway Triangle resident; (1) Bayshore business owner; (1) Tamiami Trail (US41) business owner; (1) Davis Boulevard (SR84) business owner; (1) Bayshore MSTU representative; and (g) One (1) at large representative who resides or engages in business, or both, in the Bayshore/Gateway Triangle Redevelopment Area. The CRA desires to revise the membership of this Advisory Board to permit two (2) at large representatives who may not own property, reside or engage in business in the Bayshore/Gateway Triangle, but who do own property, reside or are engaged in business in Collier County. The membership of this Board will remain the same. Tn addition, for purposes of clarification and ease of administration, County staff has made general revisions to the language of these Bylaws. Tncluded with this Executive Summary is an underlined and struck-through version of the Bylaws reflecting the proposed changes. An unmarked version of the revised Bylaws is attached to the proposed resolution for adoption. Executive Summary Page Two FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Collier County Community Redevelopment Agency execute the attached Resolution and Bylaws to approve the revisions to the Bylaws of the Community Redevelopment Agency Local Redevelopment Advisory Boards of Collier County. PREPARED BYA D. AARON BLAIR, URBAN DESIGN PLANNER COMMUNITY PLANNING & REDEVELOPMENT SECTION, DAT~ RAI~DY COHL~N, MANAGER COMMUN~I-Y PLANNING & REDEVELOPMENT SECT1~ON DATE P~ED BY: PLANNING SERVICES DEPARTMENT DIRECTOR DATE ~MTNTSTRATOR C~)MMUN~-Y DEVELOPMENT AND ENVIRONMENTAL SERVICES 2 Memorandum To: From: Thru: Date: Subject: Community Redevelopment Agency Randy Cohen, Community Planning andRe, d~velopment Manager Joseph K, Schmitt, CDES Administrate/o/~ ~ June 10, 2003 ~ Supplemental Memorandum to CRA Agenda Item 4.C. "TO APPROVE THE CREATION OF AN EXECUTIVE DIRECTOR POSITION TO MANAGE THE BUSINESS OF THE BAYSHOREIGATEWAY TRIANGLE REDEVELOPMENT AREA" The purpose of this memorandum is to provide supplemental information pertaining to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board's recommendation that the CRA create an Executive Director position to manage the business of the Bayshore/Gateway Triangle Redevelopment Area. As you may recall, Planning Services recommended that this request be denied based on an analysis of past projects, previous workload and time expended by Community Planning and Redevelopment staff. However, Planning Services should not have made this recommendation at this time, as this is a policy decision that should remain under the auspices and direction of the CRA. Instead, Planning Services should have provided the alternatives available to the CRA, and explained in detail the advantages and disadvantages of each alternative. This memorandum is structured to provide the aforementioned background information to allow the CRA to make an informed policy decision with respect to the Advisory Board's request that a full time Executive Director be employed. The Bayshore/Gateway Triangle Local Redevelopment Advisory Board's request for a full time Executive Director is proactive and prospective in nature. The Advisory Board has indicated that the five (5) year plan for the Bayshore/Gateway Triangle Redevelopment Area will not be completed without hiring a full time Executive Director. This representation by the Advisory Board has merit and warrants serious consideration. However, the employment mechanism by which the five (5) year plan is implemented is subject to CRA approval and ultimate approval by the BOCC. As you are probably aware, existing Community Planning and Redevelopment staff allocates 13 funded staff hours from its official budget to provide technical and professional assistance to the Bayshore/Gateway Triangle Redevelopment Area. However, the time expended by staff exceeds 13 hours on a weekly basis. Regardless, a full time employee is not charged solely with dedicating their entire workload to implement the Bayshore/Gateway Triangle Redevelopment Area's 5-year plan. Therefore, the following options are available to the CRA with respect to the Advisory Board's recommendation that a full-time Executive Director be employed for the Bayshore/Gateway Triangle Redevelopment Area: 1. Status Quo - Continue to staff the Bayshore/Gateway Triangle Redevelopment Area with a dedicated full time employee that allocates 13 hours per week to the redevelopment area. This scenario will allow technical and professional support at the existing level, but not provide for the complete implementation of the five(5) year plan. However, this funding and employee scenario was what was originally intended by the BOCC per prior budgets. Moreover, it is not unusual for newly created redevelopment areas to be staffed by existing employees in the infantile stages associated with newly created redevelopment areas. 2. Status Quo Plus - Continue to staff the Bayshore/Gateway Triangle Redevelopment Area with an existing full time employee. However, this employee will allocate 40 hours per week to the redevelopment area. In essence, this staff member will function as a de facto Executive Director without the necessity of hiring another employee. This employee would already be familiar with the Bayshore/Gateway Triangle Redevelopment Area and would be charged with the responsibility implementing the 5-year plan as well as carrying out the redevelopment area's day-to-day activities in proactive manner. The Bayshore/Gateway Triangle Redevelopment Area would fund this employee's salary and benefits. 3. Executive Director Employed By Collier County - Collier County would hire a full- time Executive Director that would report to the Community Planning and Redevelopment Manager. The Executive Director would have a proven track record in the management of redevelopment areas. The Advisory Board would review applications for the position and make recommendations to Planning Services staff as to which applicants should be interviewed. Planning Services staffwould conduct the interviews, with one Advisory Board member included in the interviewing panel, and make an employment recommendation to the Advisory Board and CRA. Employment approval would be subject to ratification by the BOCC. Under this scenario, Community Planning and redevelopment staff would continue to provide technical and professional assistance to the redevelopment area. The Bayshore/Gateway Triangle Redevelopment Area would fund this employee's salary and benefits. 4. Executive Director Employed by the CRA - The CRA would hire a full-time Executive Director that would report to the CRA. The Executive Director would have a proven track record in the management of redevelopment areas. The Advisory Board would review applications for the position and conduct interviews. The Advisory Board would then proffer an employment recommendation to the CRA. Employment approval would be subject to ratification by the BOCC. Under this scenario, Community Planning and Redevelopment staff would not provide technical and professional assistance to the redevelopment area. The Bayshore/Gateway Triangle Redevelopment Area would fund this employee's salary and benefits. Executive Director scenario #4 will require additional research and legal scrutiny if the CRA chooses this alternative. The information provided above with respect to this scenario is preliminary, and upon direction from the CRA a complete and detailed analysis will be conducted. Prior to the CRA meeting, staff is available to discuss the merits, advantages and disadvantages of any of the aforementioned redevelopment area staffing scenarios. Cc: Jim Mudd, County Manager Leo Ochs, Assistant County Manager Margaret Wuerstle, Planning Services Director Joseph K. Schmitt, CDES Administrator Patrick White, Assistant County Attorney BYLAWS OF THE COMMUNITY REDEVELOPMENT AGENCY LOCAL REDEVELOPMENT ADVISORY BOARDS OF COLLIER COUNTY, FLORIDA ARTICLE I. NAME AND PURPOSE SECTION 1. Name: The local advisory board, one per each component community redevelopment area, shall be known as "[the name of the cc,mpc, ncnt community redevelopment area in which the local planning board sits"] "_Local Redevelopment Advisory Board." SECTION 2. Redevelopment Area: The area of operation of an 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 BCC, which is and referred to therein as the Immokalee Community Redevelopment Area and the Bayshore/Gateway Community Redevelopment Area. Additional local redevelopment compcnent areas may be designated by separate resolutions of the Community Redevelopment Agency of Collier County ("CRA") and the Collier County Board of County Commissioners ("BCC") after all appropriate findings have been made and a redevelopment cc~,mpc, ncnt plan for those areas .adopted by the CRA and BCC, all in accordance with Part III, Chapter 163, Florida Statutes (the "Act"). SECTION3. Purpose: Each advisory board is intended to be the primary source of community input to the Collier County Community Redevelopment Agency (the "CRA") and to the CRA staff. Each advisory board will consider and make recommendations to the CRA staff and the CRA concerning the Redevelopment Plan, amendments to the Redevelopment Plan, the redevelopment area work program and its implementation and any redevelopment projects proposed for the area of operation of the advisory board. The advisory board functions are advisory only and are to assist with the public input in the local redevelopment planning process. More specifically, the purpose and duties of each advisory board shall be as follows: (a) review the applicable eompoe, em local redevelopment area's redevelopment plan and when necessary recommend to the CRA any changes to the plan; (b) make recommendations to the CRA on plan implementation, including developing an annual work program, setting project priorities, and developing incentives to further the redevelopment efforts and carry out and effectuate the purposes and provisions of the Act in the eompoaem local redevelopment area; (c) receive input from members of the public interested in redevelopment of the component local redevelopment area and to report such information to the CRA; and (d) review and comment on any redevelopment projects proposed in the advisory board's ........ * local redevelopment area. Page 1 of 8 Words underlined are added; Words -*-'-~- *n ..... ~- ............. ~,~ are deleted. ARTICLE H. ADVISORY BOARD SECTION 1. Function: Each 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 Board. The CRA staff shall assist each advisory board and shall serve as the liaison to the CRA Ec, ard. Each advisory board may prepare and adopt standing rules specific to that advisory board's ~ redevelopment area. 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. SECTION 3. Number of Members: The advisory/gboard shall have an appropriate number of members to insure adequate representation of all aspects of the community :- **' ......... * within its redevelopment area. This number may vary from cc, mponent redevelopment area to eompoe, em redevelopment area. This number may be increased or decreased from time to time as recommended by the applicable advisory board and .... :"~ approved by the CRA ~-~ membe~ for the applicable czmpcncnt redevelopment area. In no circumstances will the number of advisory board members be less than five. SECTION 4. Appointment and Qualifications: The CRA ~'~ ~'~ ........ v ....... area shall appoint the advisory board members subject to the provisions of this section and Article II, Section 5 herein for the Bayshore/Gateway Triangle compc, nent redevelopment area, and ~icle II, Section 6, herein, for the Immokalee component CRA redevelopment area. All appointments are subject to approval by the 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. Except as otherwise provided for, eEach member of an advisory board shall engage in business in the component redevelopment area for that advisory board, except as provided for below. For purposes of these bylaws, individuals who"engage in business" means a__~n individual owning real property or a business, practicing a profession or performing a service for compensation or serving 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 its membership for appointment as long as consideration is given to balancing the advisory board with representatives from the above-recommended professions. Page 2 of 8 Words underlined are added; Words ~*~'-~ *~- ..... ~, ....... - ...... ~,, are deleted. SECTION 5. The Bayshore/Gateway Triangle Local Redevelopment Advisory Board: Consideration should be given to appointing members of the advisory board for the Bayshore/Gateway Triangle ~ redevelopment area as follows: (a) One (b) One (c) One (d) One (e) One (f) One (g) (1) Bayshore resident; (1) Gateway Triangle resident; (1) Bayshore business owner; (1) Tamiami Trail (US41) business owner; (1) Davis Boulevard (SR84) business owner; (1) Bayshore MSTU representative; One (1) at large representative who resides or engages in business, or both, in the Bayshore/Gateway Triangle ~ Redevelopment Area; The Bayshore/Gateway Triangle Advisory_ Board may also include two (2) at-large, countywide representatives who reside in, or engage in business in, Collier County, but do not reside in, or own property within, the Bayshore/Gatewa¥ redevelopment area. SECTION 6: Immokalee Local Redevelopment Advisory Board: In order to assure a comprehensive approach in the Immokalee community, the Immokalee Enterprise Zone Development Agency as created by the BCC pursuant to Collier County Ordinance No. 95-22, as amended, shall be the Immokalee Local Redevelopment Advisory Board. The Immokalee Local Redevelopment Advisory Board shall adhere to the provisions of these bylaws, except as otherwise provided by Collier County Ordinance No. 95-22, as amended. SECTION 7. Application Procedures: Applicants must be residents and electors of Collier County. Residents interested in applying to serve on an advisory board shall submit a letter requesting such appointment and containing a brief resume to the CRA. Guidelines for appointing the members to the advisory board will be consistent with those procedures outlined in BCC Resolution No. 94-136. SECTION 8. Terms: Except for the Immokalee Local Redevelopment Advisory Board, advisory board members shall serve fc, r two (2) year terms, with no more than two reappointments unless permitted by unanimous vote of the CRA. t4oweve~, fF_or purposes of staggering reappointments, three (3) of the initial members will have one (1) year terms as follows: Bayshore/Gateway Local Redevelopment Advisory Board~ the Bayshore resident, the Gateway Triangle resident and the at large representative will each serve only a one (1) year term for the first year of the advisory board, with two (2) year terms from then on. The terms for the Immokalee Local Redevelopment Advisory Board will be consistent with the terms set forth in Collier County Ordinance No. 95-22, as amended. SECTION 9. Vacancies: Vacancies occurring on any advisory board shall be publicized, but need not be advertised, in a publication of general circulation within the eCounty; and vacancy notices are to be posted in the cCounty libraries, the e-Collier County Courthouse and on the internet. Appointments to fill vacancies on the advisory board shall be filled by the CRA Beard ..................... ~, ............... }~ ............ The term of an advisory board member Page 3 of 8 Words underlined are added; Words o.~,.~7 +~, ..... h ....... - ...... ~,, are deleted. appointed to fill a vacancy expires at the time the term of the original member would have expired. SECTION 10. 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 of the advisory board, 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: 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. In the event that any advisory board member is absent from two consecutive advisory board meetings without a satisfactory 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 ........ ~, ~,~ the CRA, in writing, of the advisory board member's failure to attend without 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 Section 9 herein. For purposes of this Section 10, 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. 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 unless the notice specifies a later effective date and the CRA board accepts the future effective date, the pending vacancy may be filled before the effective date provided that the successor does not take office until the effective date. SECTION 11. Financial Disclosures: Advisory board members shall comply with the applicable financial disclosure requirements of laws of the State of Florida. ARTICLE III. OFFICERS SECTION 1. Officers: The officers of the each advisory board shall be a Chairman, Vice Chairman, and a Secretary. Page 4 of 8 Words underlined are added; Words ~*~'~- *~- ..... ~' ....... - ...... e,,. are deleted. 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 oft-he 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 advisory board 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. The Secretary shall be t-he art individual assigned from County staff, but shall have no vote. 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 appointment or 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 an advisory board to the CRA. SECTION 8. Officer Vacancies: If a vacancy exists in 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 hccepts the future effective date;: tThe pending vacancy may be filled before the effective date provided that the successor does not take office until the effective date. ARTICLE IV. SUBCOMMITTEES Page 5 of 8 Words underlined are added; Words o,~,.~r ,~ ..... ~, ............. ~. are deleted. SECTION1. 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. P~ny suc~ sSubcommittees 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. SECTION4. Rules andProcedures: 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 an 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 Article 5, Section 4 hereof. 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 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 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 posted in the county courthouse and other appropriate locations as recommended by the advisory board and to the County Public Information Department for further distribution. Page 6 of 8 Words underlined are added; Words o~-.~,..~, ..... ~, ............. ~,,, are deleted. 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 an 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, in the case of an advisory board or a subcommittee member in the case of a subcommittee, may place an item on the 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. Rules of proceedings: To provide for the orderly and efficient conduct of its meetings, each advisory board shall follow be governed by Roberts Rules of Order. ARTICLE VI. CONFLICT The provisions of these bylaws shall apply to the Immokalee Local Redevelopment 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 x~ oc A1 ...... ~ NO. 2001-55 shall not apply to the advisory boards. ARTICLE VH. AMENDMENTS These Bylaws may be amended at any duly constituted meeting of the CRA by o___f 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 7 of 8 Words underlined are added; Words o,-,o~r **, ..... ~, ............. ~. are deleted. ATTEST: TIJI=;' /"~/'"kT T TI~D f'~t'"~TI'NTTV (~/-YE/fh, AITNTTTV D~21-~IF1~T ~-~O~flZFNTq~ A Cleric By: "'~"E~~''-1~"! sufficiczcy: APPROVED AND ADOPTED BY CRA RESOLUTION NUMBER 2003- , EFFECTIVE JUNE 13, 2003. Page 8 of 8 Words underlined are added; Words ~+-'-~- **- ..... h ............. ~., are deleted. BYLAWS OF THE COMMUNITY REDEVELOPMENT AGENCY LOCAL REDEVELOPMENT ADVISORY BOARDS OF COLLIER COUNTY, FLORIDA ARTICLE 1. NAME AND PURPOSE SECTION 1. Name: The local advisory board, one per each community redevelopment area, shall be known as "[the name of the community redevelopment area in which the local planning board sits"] "Local Redevelopment Advisory Board." SECTION 2. Redevelopment Area: The area of operation of an 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 BCC, which is referred to therein as the Immokalee Community Redevelopment Area and the Bayshore/Gateway Community Redevelopment Area. Additional local redevelopment areas may be designated by separate resolutions of the Community Redevelopment Agency of Collier County ("CRA") and the Collier County Board of County Commissioners ("BCC") after all appropriate findings have been made and a redevelopment plan for those areas adopted by the CRA and BCC, all in accordance with Part III, Chapter 163, Florida Statutes (the "Act"). SECTION3. Purpose: Each advisory board is intended to be the primary source of community input to the Collier County Community Redevelopment Agency (the "CRA") and to the CRA staff Each advisory board will consider and make recommendations to the CRA staff and the CRA concerning the Redevelopment Plan, amendments to the Redevelopment Plan, the redevelopment area work program and its implementation and any redevelopment projects proposed for the area of operation of the advisory board. The advisory board functions are advisory only and are to assist with the public input in the local redevelopment planning process. More specifically, the purpose and duties of each advisory board shall be as follows: (a) review the applicable local redevelopment area's redevelopment plan and when necessary recommend to the CRA any changes to the plan; (b) make recommendations to the CRA on plan implementation, including developing an annual work program, setting project priorities, and developing incentives to further the redevelopment efforts and carry out and effectuate the purposes and provisions of the Act in the local redevelopment area; (c) receive input from members of the public interested in redevelopment of the local redevelopment area and to report such information to the CRA; and (d) review and comment on any/redevelopment projects proposed in the advisory board's local redevelopment area. Page 1 of 8 ARTICLE H. ADVISORY BOARD SECTION 1. Function: Each 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 CRA staff shall assist each advisory board and shall serve as the liaison to the CRA. Each advisory board may prepare and adopt standing rules specific to that advisory board's redevelopment area. 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. SECTION 3. Number of Members: The advisory board shall have an appropriate number of members to insure adequate representation of all aspects of the community within its redevelopment area. This number may vary from redevelopment area to redevelopment area. This number may be increased or decreased from time to time as recommended by the applicable advisory board and approved by the CRA for the applicable redevelopment area. In no circumstances will the number of advisory board members be less than five. SECTION 4. Appointment and Qualifications: The CRA shall appoint the advisory board members subject to the provisions of this section and Article II, Section 5 herein for the Bayshore/Gateway Triangle redevelopment area, and Article II, Section 6 herein for the Immokalee redevelopment area. All appointments are subject to 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. Except as otherwise provided for, each member of an advisory board shall engage in business in the redevelopment area for that advisory board, below. For purposes of these bylaws, individuals who "engage in business" means individual owning real property or a business, practicing a profession or performing a service for compensation or serving 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 its membership for appointment as long as consideration is given to balancing the advisory board with representatives from the above-recommended professions. Page 2 of 8 SECTION 5. The Bayshore/Gateway Triangle Local Redevelopment Advisory Board Consideration should be given to appointing members of the advisory board for Bayshore/Gateway Triangle redevelopment area as follows: the (a) One (1) Bayshore resident; (b) One (1) Gateway Triangle resident; (c) One (1) Bayshore business owner; (d) One (1) Tamiami Trail (US41) business owner; (e) One (1) Davis Boulevard (SR84) business owner; (f') One (1) Bayshore MSTU representative; (g) One (1) at large representative who resides or engages in business, or both, in the Bayshore/Gateway Triangle Redevelopment Area; The Bayshore/Gateway Triangle Advisory Board may also include two (2) at-large, countywide representatives who reside in, or engage in business in, Collier County, but do not reside in, or own property within, the Bayshore/Gateway redevelopment area. SECTION 6: Immokalee Local Redevelopment Advisory Board: In order to assure a comprehensive approach in the Immokalee community, the Immokalee Enterprise Zone Development Agency as created by the BCC pursuant to Collier County Ordinance No. 95-22, as amended, shall be the Immokalee Local Redevelopment Advisory Board. The Immokalee Local Redevelopment Advisory Board shall adhere to the provisions of these bylaws, except as otherwise provided by Ordinance No. 95-22, as amended. SECTION 7. Application Procedures: Applicants must be residents and electors of Collier County;. Residents interested in applying to serve on an advisory board shall submit a letter requesting such appointment and containing a brief resume to the CRA. Guidelines for appointing the members to the advisory board will be consistent with those procedures outlined in BCC Resolution No. 94-136. SECTION 8. Terms: Except for the Immokalee Local Redevelopment Advisory Board, advisory board members shall serve fc, r two (2) year terms, with no more than two reappointments unless permitted by unanimous vote of the CRA. For purposes of staggering reappointments, three (3) of the initial members will have one (1) year terms as follows: Bayshore/Gateway Local Redevelopment Advisory Board- the Bayshore resident, the Gateway Triangle resident and the at large representative will each serve only a one (1) year term for the first year of the advisory board, with two (2) year terms from then on. The terms for the Immokalee Local Redevelopment Advisory Board will be consistent with the terms set forth in Collier County Ordinance No. 2001-55, or its successor ordinance. SECTION 9. Vacancies: Vacancies occurring on any 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, the Collier County Courthouse and on the internet. Appointments to fill vacancies on the advisory board shall be filled by the CRA. The term of an advisory board member appointed to fill a vacancy expires at the time the term of the original member would have expired. Page 3 of 8 SECTION 10. 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 of the advisory board, 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: 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. In the event that any advisory board member is absent from two consecutive advisory board meetings without a satisfactory 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 the CRA, in writing, of the advisory board member's failure to attend without 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 Section 9 herein. For purposes of this Section, 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. 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 unless the notice specifies a later effective date and the CRA board accepts the future effective date, the pending vacancy may be filled before the effective date provided that the successor does not take office until the effective date. SECTION 11. Financial Disclosures: Advisory board members shall comply with the applicable financial disclosure requirements of laws of the State of Florida. ARTICLE HI. OFFICERS SECTION 1. Officers: The officers of the each advisory board shall be a Chairman, Vice Chairman, and a Secretary. 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 Page 4 of 8 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 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 advisory board 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. The Secretary shall be an individual assigned from County staff, but shall have no vote. 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 appointment or 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 an advisory board to the CRA. SECTION 8. Officer Vacancies: If a vacancy exists in 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 may be filled before the effective date provided that the successor does not take office until the effective date. ARTICLE IV. SUBCOMMITTEES SECTION1. 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 Page 5 of 8 objectives of the advisory board. 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 an 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 Article 5, Section 4 hereof. 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 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 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 posted in the county courthouse and other appropriate locations as recommended by the advisory board and to the County Public Information Department for further distribution. Page 6 of 8 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 an 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, in the case of an advisory board or a subcommittee member in the case of a subcommittee, may place an item on the 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 be governed by Roberts Rules of Order. ARTICLE VI. CONFLICT The provisions of these bylaws shall apply to the Immokalee Local Redevelopment 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 shall not apply to the advisory boards. ARTICLE VII. AMENDMENTS These Bylaws may be amended at any duly constituted meeting of the CRA of 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 7 of 8 APPROVED AND ADOPTED BY CRA RESOLUTION NUMBER 2003- JUNE 13, 2003. __., EFFECTIVE Page 8 of 8 CRA RESOLUTION NO. 2003- A RESOLUTION OF THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY ADOPTING AMENDED BYLAWS FOR THE COMMUNITY REDEVELOPMENT AGENCY LOCAL REDEVELOPMENT ADVISORY BOARDS OF COLLIER COUNTY, FLORIDA, BY REVISING THE MEMBERSHIP OF THE BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD TO ALLOW AT-LARGE MEMBERS WHO RESIDE OR ENGAGE IN BUSINESS WITHIN THE COUNTY, BUT DO NOT RESIDE OR OWN PROPERTY WITHIN THE BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT AREA; AND BY MAKING GENERAL REVISIONS TO THE TEXT FOR PURPOSES OF CLARIFICATION AND EASE OF ADMINISTRATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEKEAS, on March 27, 2001, the Board of County Commissioners, convened as the Collier County Community Redevelopment Agency (CRA), and adopted CRA Resolution No. 2001-98, establishing Bylaws for the Community Redevelopment Agency and Local Kedevelopment Advisory Boards; and WHEREAS, the Bylaws of the Community Redevelopment Agency Local Redevelopment Advisory Boards of Collier County, Florida provide that the Bayshore/Gateway Triangle Local Redevelopment Advisory Board shall consist of business owners or citizens who reside or own property within, or are engaged in business in the specified local redevelopment area; and WHEREAS, the Collier County Community Redevelopment Agency desires to revise the membership of the Local Redevelopment Advisory Board to allow up to two members of that board be at-large, county-wide members who do not own property or reside within the Bayshore/Gateway Triangle redevelopment area, but who do own property, are residents of, or are engaged in business, in Collier County; and WHIS;REAS, for purposes of clarification and ease of administration, County staff is recommending approval of general revisions to the Bylaws of the Community Redevelopment Agency Local Redevelopment Advisory Boards of Collier County, Florida. NOW THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY, that: 1. The revised and amended Bylaws of the Community Redevelopment Agency Local Redevelopment Advisory Boards of Collier County, Florida, attached and incorporated by reference, are hereby approved and re-adopted as revised and amended. Page 1 of 2 2. Nothing in Resolution No. 2001-98 is repealed or replaced by this resolution, except to the extent of the amendments made by the attached Bylaws. 3. The attached Bylaws are effective upon adoption of this Resolution. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, Clerk THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY Deputy Clerk By: FRED W. COYLE, Chairman Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney 2