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Agenda 05/25/2010 Item #16G 3 Agenda Item No, 16G3 May 25,2010 Page 1 of 5 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners (BCC) and the Board of County Commissioners acting as the Immokalee Community Redevelopment Agency Board (CRA) approve an amendment to the service contract of the Immokalee CRA Executive Director and authorize the appointment of Penny Phillippi as Interim Executive Director - Airport Authority. OBJECTIVE: To obtain authorization from the CRA and the BCC to approve a second amendment to the service contract for the Immokalee CRA Executive Director, appointing Penny Phillippi to the position of Interim Executive Director - Airport Authority until the date on which a new Executive Director is hired and begins employment under his/her approved Employment Agreement, provide for a 10% increase to base pay for Ms, Phillippi during the interim period, and remove the interim appointment of and pay adjustment for Debra Brueggeman, returning her to her former position and pay. CONSIDERATIONS: Pursuant to an action taken by the CRA Board at its meeting of October 23, 2007, Penny S. Phillippi was selected to be the Executive Director of the Immokalee Community Redevelopment Area. On November 10, 2009, Ms. Phillippi's contact was amended to extend the term of the Employment Agreement by three (3) years, through December 3, 2012. The former Executive Director - Airport Authority, submitted her resignation in December 2009, and at that time, approval was granted to begin a search for her replacement. Advertisement of the vacancy began in January 2010; however, due to a procedural error during the recruitment process, the timeline to complete the selection for this position has been extended to July 2010. During its regular meeting of May 11, 2010, the Board requested that the County Manager provide an appropriate level of assistance to successfully manage the operations of the Airport during the transition period. To meet this goal, the recommendation has been made to return Ms. Brueggeman to her former position and appoint Ms. Phillippi to serve in an interim capacity overseeing administration of the Airports until such time as a replacement for that position is under contract. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action-SRT. FISCAL IMPACT: Ms. Phillippi's current annual salary is $88,570.00. A 10% adjustment would result in expenditures of $340,65 each pay period for the duration of the interim assignment, with projected costs of approximately $2,725.00 for that period. Further, by approving the return of Ms. Brueggeman to her former position and salary, the department will realize a savings of $1,421.54 each pay period. The total per pay period savings is projected at $1,080.89, the difference between the 10% interim pay and the interim adjustment previously awarded to Ms, Brueggeman. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary, RECOMMENDATION: That the Board of County Commissioners, acting as the Immokalee Community Redevelopment Agency Board (CRA), approve the service contract amendment for the Immokalee CRA Executive Director and authorize the appointment of Penny Phillippi as Interim Executive Director - Airport Authority until such time as a replacement for that position is under contract. PREPARED BY: Amy Lyberg, Human Resources Director Item Number: Item Summary: Meeting Date: Agenda Item No. 16G3 May 25, 2010 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16G3 Recommendation that the Board of County Commissioners (BCC) and the Board of County Commissioners acting as the Immokaiee Community Redevelopment Agency Board (CRA) approve an amendment to the service contract of the Immokalee CRA Executive Director and authorize the appointment of Penny Phillippi as Interim Executive Director Airport Authority. 5/25/20109:00:00 AM Date Approved By Leo E. Dchs, Jr, County Managers Office County Manager County Managers Office 5/19/20109:21 AM Agenda Item No. 1683 May 25, 2010 Page 3 of 5 SECOND AMENDMENT TO THE DECEMBER 3, 2007, COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY IMMOKALEE EXECUTIVE DIRECTOR AGREEMENT, AS AMENDED NOVEMBER 10, 2009 THIS Amendment to the Immokalee Redevelopment Area Executive Director's Employment Agreement ("Amendment") is made and entered into this 25th day of May, 2010, by and between the Collier County Redevelopment Agency (the "CRA Board") and Penny S. Phillippi (the "Executive Director"). R E C I TAL S: WHEREAS, the parties entered into an Employment Agreement dated October 23, 2007, (effective December 3, 2007) and amended that Employment Agreement on November 10, 2009, to extend the termination date of the agreement through and including December 3, 2012; and WHEREAS, both parties desire to modifY the terms of the Employment Agreement in accordance with this Amendment to allow the Executive Director to also serve, on an interim basis, as the Executive Director of the Collier County Airport until a replacement for that position is under contract; and WHEREAS, both parties desire to fully clarifY their respective rights, expectations and duties under the Employment Agreement; and WHEREAS, numbered paragraph 14 of the Employment Agreement allows the parties to amend or modifY that agreement upon a duly adopted and executed amendment in writing. WI TNE SSE TH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows (additions underscored, changes in strikethFeHgft): Page I of3 Agenda Item No. 16G3 May 25, 2010 Page 4 of 5 I. Page one (1), paragraph two (2) of the Employment Agreement is amended as follows: 1. DUTIES: The Director shall perform the functions and duties typical of a person in the position of a Director of a Community Redevelopment Agency, including but not limited to: a. Director shall act as the Chief Administrative Officer of the ICRA, reporting to and responsible to the CRA Board and be responsible for the day to day implementation of the ICRA programs and activities including ICRA staff selection and supervision. This shall be accomplished in close cooperation with the County Manager's Office and County Departments. b. Director shall devote full time efforts to the ICRA and its mission. c. Director shall perform such other associated and legally required duties and functions, as the ICRA Board shall direct. d. Director agrees to perform all such functions and duties, faithfully, competently, professionally and promptly to the best of the Director's ability, e. Director, at the direction of the CRA Board and the Board of County Commissioners, may be required to carry out the promotional aspects of the Enterprise Zone, which geographically encompasses the Immokalee Community Redevelopment Area, f. Commencina on Mav 25.2010. the Director shall act as the interim Executive Director of the Airport Authority and shall function in that capacity until a replacement for that position is under contract. II. Page two (2), paragraph seven (7) of the Agreement is amended as follows: 5. ANNUAL BASE SALARY: Director shall be paid for Ri& services rendered pursuant hereto at the rate of eighty five thellsaFlEl E1ellaFS ($85,000) eighty eight thousand five hundred seventy dollars ($88,570.00) per year, payable in bi- weekly installments on the same dates that professional employees of Collier County Government are paid. Commencina on May 25, 2010. the Director will receive interim assianment pay eaual to 10% of her base salary for the duration of the interim assianment oeriod. At such time as a selection is made and an Executive Director - Airport Authoritv is under contract. the interim assianment pay will cease. III. Except as set forth in this Amendment, the Employment Agreement shall remain in full force and effect. This Amendment shall only be amended or cancelled by mutual written consent of the parties. Page 2 of3 Agenda Item No. 16G3 May 25, 2010 Page 5 of 5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: DWIGHT E. BROCK, Clerk By: , Deputy Clerk WITNESSES: Print Name: Print Name: Apr!oved as to 3>rm ,d legal sufficiency: ~!J .;C /~ Scott R. Teach, Deputy County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: Fred W. Coyle, Chairman Executive Director, lmmokalee Community Redevelopment Area By: Penny S. Phillippi Page 3 of3