Backup Documents 02/28/2012 Item #15ITEM # % BCC DATE: 2 Z f
BY: Lom o 6!� Gl ter ;r [4tL, -(- C*Z
.r
STEVEN J. BRACCI, PA
A Professional Association
Attorney at Law
2590 Noithbrooke Plaza Drive, Suite 208
Naples, Florida 34119
Phone: (239) 596 -2635
Fax: (239) 236 -0824
steve @braccilaw.,com www. braccilaw„ com
February2l, 2012
VIA E MflZ Je "latzkowOcolhergov.net
Jeffrey A.. Klatzkow, Esq.,
Collier- County Attorney's Office
Harmon Turner Building
3.301 Tamiami Trail E, Floor 8
Naples, FL 34112
Re: 1nini0kalee Area Master- Plan (a /k/a "Immokalee CRA Master, Plan ")
Jerry acid Kimberlea BIocker
w
Dear ,Jeff.
As you know, I represent .Terry and Kimberlea Mocker. I have recently discovered.that,
once again, Colliet County has violated state statutes and its own ordinances in an
attempt to control its own government processes in ways that materially adversely- affect
the Blockers' rights, . I assume you are aware of the situation involving :secret ex parte
communication back in 2006 between the prosecuting County attorney. and the Secretary
Jo the Code Enforcement Board brought to light in the present litigation between the
Blockers and Collier County, which is the basis of the Blockers' "Extrinsic Fraud on the
Court" claim
Judge Pivacek saw through that arrangement and properly ruled that the communication
was not..pi.ivileged.. .Judge Pivacek's Order, specifically acknowledges the impropriety of
the Griffin E -Mail which she described as improper advocacy on the part of'the.County
Attorney's Office. Judge Hardt has reviewed this ruling and reconfirmed it..
' Now, once again, the Blockers are realizing that the County has orchestrated the
decision- making process against them, but this time the process affects many more
people than just the Blockers.. It affects all citizens of Immokalee, and Collier County as
a whole..
15
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f 15... 17 I-A
Jefiiey Klatzkow, Esq.
Page 2
§163..3164, et seq , comprehensive plan amendments are to be prepared by the County's
"local planning agency," which, in the case of Collier County, is the Planning
Commission.. CRAs have no statutory authority to prepare comprehensive plans..
Along the way, the Board of County Commissioners ( "BCC ") has stated its willingness
to "bow to" the Immokalee Redevelopment Advisory Board, and to ignore its local
planning agency, to ensure that the IAMP reflects the redevelopment/slum elimination
vision of the CRA over, the statutorily defined goals of the local planning agency.. 'This
includes the BCC's express vote on .Tune 23, 2010, "per the directions of the CRA
Advisory Board," to eliminate the Planning Commission's proposed IAMP language that
would have facilitated a resolution to the comprehensive plan _ issue affecting the
It Blockers..
The IAMP, as presently drafted, is infected start -to -finish with CRA- empowerment
language, practically ceding to the CRA the power and authority to approve or-
disapprove every future land use decision within the IAMP boundary.. Even Goal #1 of
the IAMP specifically addresses the power of the CRA over- and -above Goal ##2, which
deals more generally with the economic improvement of immokalee,. Ifthe County elects
to continue with the present draft of the IAMP, it runs the risk of•a challenge to the TAMP
in its entirety on the grounds that the County failed to follow due process in its creation.
The County has couched the IAMP as the "will of the people of Immokalee. I would
e: counter that the IAMP expresses the "will of the CRA." The CRA apparently agrees --
the CRA's web page describes the TAMP as "our vision." See Attachment A.
The foregoing assertions are evidenced by the following:
Inrpr -oper• Preparation of' the Imrnokalee Area Master Plan by the
CRA Rather than By the Planning Commission in its Capacity as
Local Planning Agency
a.. Section 16:3...3174(1), Fla. Stat., provides that the "[t]he governing body of
each local government, individually or in combination as provided in s.. 1633171, shall
designate and by ordinance establish a "local planning agency." By ordinance, Collier
County has designated the Planning Commission as its local planning agency..
b.. Section 16.3..31 "74(4), Fla. Stat., provides that "[t]he local planning agency
shall have the general responsibility for the conduct of the comprehensive planning
program. Specif tally, the local planning agency shall be the agency responsible for the
preparation of the comprehensive plan or plan amendment..." (emphasis added). Note
that this says the responsibility for the "preparation" of the plan amendment, not.just the
"review" of the amendment as prepared by some other agency.
H •�
15
Jeffrey Klatzkow, Esq..
Page 3
charged by the agency." (emphasis added) The expense of an outside consultant such as
RWA, Inc., assisting in the preparation of a comprehensive plan is properly the expense
of'the local planning agency..
d. The Community Planning Act contains no language that would allow the
CRAB or any advisory board thereto to prepare a comprehensive plan or amendment.,
' e.. On Tune 23, 2008, the BCC and CRAB (and not the local planning
commission) initiated the preparation of an " Immokalee CRA Master Plan" by voting to
grant RWA, Inc, a $386,175 contract to work with the Immokalee Redevelopment
Advisory Board„ See Attachment B.
f;. On .June 23, 2008, RWA, Inc.., was awarded the $386,175 contract, which
provided for preparation of the IAMP to be run through the CRA and the Immokalee
Redevelopment Advisory Board, and not the Planning Commission /local planning
agency„ See Attachment C excerpts of RWA Contract
g,. Bob Mulhere, in deposition testimony, has acknowledged that CRA
executive director Penny, Philippi, and the Immokalee' Area Advisory Board, were his
direct contacts and his "client.."
h. The RWA website states: "RWA is currently working on an update to the
Immokalee Area Master Plan for the 1mmokalee Community Redevelopment Agency
(CRA) in Eastern Collier County.." (emphasis added)- It also states that RWA has had
had "regular meetings with and reporting'to the CRA Board and Immokalee Area Master
Plan Visioning Committee." No mentioned is made of the local planning agency or the
Planning Commission.. See Attachment D.
i The CRA -has no power or authority to initiate or prepare. a comprehensive
plan or amendment.. CRAs deal with redevelopment plans, not comprehensive plans.
Section 163.370, Fla. Stat., enumerates the powers of community redevelopment
agencies.,. Those enumerated powers do not include comprehensive planning.. The focus
of CRAs is to eliminate slums and blight, through redevelopment, including police power
actions, eminent domain and tax increment financing.
,j.. . In tact, Section 163.360(2)(a), Fla Stat, provides a specific "check and
balance" on the CRA's redevelopment plan process by providing that "[tjhe community
redevelopment plan shall [c]onform to the comprehensive plan for the county....as
prepared by the local planning agency under the Community Planning Act.." Instead,
Collier County did .just the opposite, ceding control over the TAMP preparation to the
CRAB and the Immokalee Redevelopment Advisory Board, The CRA has seized this
® opportunity and inserted language throughout that further empowers the CRA's role in
virtually every future planning and land use decision within the IAMP boundary..
F]
15'
Jefey Klatzkow, Esq..
Page 4
virtue of the passage of CRA Resolution NO. 2001 -98 on March 27, 2001. See
a Attachment E.. The Advisory Board can only advise the CRA as to redevelopment
plans, not comprehensive plans,.
l.. I am not aware of any document or vote whereby the Planning
Commission, as local planning agency, ceded its statutory comprehensive planning
preparation authority to the CRA or- the Immokalee Redevelopment Advisory Board.,
Even if' such a delegation of authority had been made, it would be an improper, delegation
because the statutorily- defined goals of a CRA are not the same as those of the
comprehensive planning process..
m.. Bob Mulhere, who was the chief consultant for the TAMP, stated in his
deposition that the rationale for allowing the CRA to run the TAMP was that the
geographical areas were originally one - and - the - same. This rationale is entirely
unsupported by the Community Planning Act..
Impxopex• or Illegal Designation of the Immokalee Redevelopment
Area by Ordinance #2000 -82
b n„ The original boundary for- the CRA as declared by the County in 2000 by
Resolution #2000 -82, was improper in the first place, and may be illegal: A copy of the
ordinance is attached at Attachment F.. Well over half' of the legally described
Immokalee Redevelopment Area is raw, undeveloped agricultural land. It is not possible
that the thousands of acres of rural land surrounding lmmokalee can have any of the
statutory conditions to support the inclusion of those, lands within the development area
Y based on "slum" or "blight" as set forth in § §:163 355 and 163.340('7) and (8), Fla„ Stat.,
See Attachment G. How can this undeveloped land, owned in large tracts by a few
owners, have the following characteristics found by the County in Resolution #2000 -82:
m
• "Detrimental to the sound growth of the county" and "substantially impair or-
arrest the growth within the Area "
• "Predominance of inadequate or defective street layout."
• "Faulty and inadequate lot layout in relation to size, adequacy, accessibility,
or usefulness.."
• "Unsanitary conditions" and "unpaved and deteriorating roadways."
• "Deterioration of site and other improvements "
• "Diversity of ownership or defective or unusual conditions of title, which
prevent the fi•ee alienability ofland."
None of these characteristics apply to the raw or agricultural lands that surround
downtown urban Immokalee, but which were included in the original Immokalee
Redevelopment Area
15
Jeffrey Matzkow, Esq.
Page 5
Order to Assure that the IAMP Provided the Blockers No Way Out of
their Alleged Comprehensive Plan Issue
... o.. The County's site improvement plan ordinance for, Imimokalee mobile
home parks ( "SIP ") forces nonconforming -lot owners to bring their parks up to today's
code standards (or nearly to code standards) This is likely unconstitutional as it forces
"legal" property owners to spend money and change their properties, or, risk code
enforcement fines, liens, demolition or foreclosure. I'hat is, the County has taken away
Y the rights of'nonconforming and grandfathered property owners to be left alone.,
P.- The County has also admitted on record and in numeious . writings that out
of the dozens of properties affected by the County's Immokalee SIP ordinance, only one
property had "no way out." That is, the consequence of the SIP ordinance was that the
Blockers'. Alachua Street property — and only the Blockers' property -- was deemed
allegedly "illegal" by the County' only way out for the Blockers was to obtain a
comprehensive. plan amendment.
0
q.. Instead, of recognizing this excessive .burden and attempting to resolve the-
unfairness of a County ordinance that created "no way out" for one and only one property
® owner, the County instead "doubled down" on its efforts to oppose the Blockers and their
property, ordering them to demolish all structures and appurtenances on their property, .
And attempting to snatch the land out from under them by foreclosing on a $1,000,000+
lien that has accrued because the County blocked every possible remedial avenue.
r. As part of the County's efforts to oppose the Blockers, on June 23, 2010,
the *BCC. voted "per the directions of'the Advisory Board" to eliminate language from the
IA.MP that would have allowed the Blockers to become a legal use and thereby
participate in the SIP program: On May 2.0, 2010, after much discussion, the Planning
Commission had specifically recommended that the language be included in older, to
provide an avenue for the Blockers to then participate in the SIP process (notwithstanding
the likely unconstitutionality ofthe ordinance), Those minutes are public record.. .
S.. Earlier in the BCC's meeting on .June 2:3, 2010, the BCC stated on the .
record that it would "bow to" the statutorily unauthorized Immokalee. Redevelopment
Advisory. Board. In turn, the BCC practically chastised the statutorily authorized
Planning Commission. for changing the Advisory Board's language.. Commissioner Fiala
Q
made the following statement, which was promptly endorsed by Commissioners Halas
and Coletta:
a
I really want to bow to the CRA The CRA put this thing together -
with — through the master planning operation. They put all of the
words together, and then — and everything was submitted, carefully
f analyzed, and brought to the PIanning Commission, who then
changed it, and I — I would prefer to go with what the CRA had
intended in the first place.
d
Q6
a
Jeffrey Klatzkow, Psq
Page 6
The County Violated its Own "No Employee on Advisory Board"
Policy in the First Place, by Appointing County Code Enforcement
Employee Kitchell Snow to the CRA's Advisory Board
t. Not only did the County improperly "bow to" and take "directions" from
the Immokalee Redevelopment Advisory Board, but it facilitated that advisory vote in the
first place. Kitchell Snow, the County - employed code enforcement officer- who is the
successor to Dennis Mazzone who co- prosecuted the code enforcement case against the
Blockers, took a leadership tole in the Advisory Board's vote to oppose the pro- Blockei
language.,
U. The County violated its own policies in having Kitchell Snow on the
Advisory Board in the first place. The County has stated that it has a policy against
allowing its own employees to serve on advisory boards, most likely to avoid the exact
type of scenario that occurred in ,June, 2010, when the BCC voted under- the veil of
support from an advisory board which included one of its own. See Ordinance ##97-81 -
attached as Attachment H in which the County admits to its "no employee" policy„
While the foregoing evidence stands on its own in many ways, it also raises the following
questions:
1.. Under what authority did the CRAB initiate an Immokalee comprehensive
plan?
2... Did the Planning Commission, as local planning agency, ever cede control..
over their comprehensive plan preparation function to the CRAB or its advisory board?
3. Under what authority did the: CRAB authorize the RWA Contract for the
creation ofthe " Immokalee CRA Master Plan ?"
4•. What exactly is an " Immokalee CRA Master Plan" as it was originally
called in the RWA contract? Again, CRAs create redevelopment plans; local planning
agencies create master, plans.
5., . Is the $386,175 contract with RWA valid if it was initially authorized by
the CRAB (and not the BCC or- the local planning agency /Planning Commission)?
6. If' the process was flawed and the wrong agency has been in charge of' the
preparation of the IAMP, has the County now wasted hundreds of thousands of County
and State taxpayer dollars on a draft LAMP that is now worthless?
a ,
15
Jeffrey Klatzkow, Esq.:
Page 7
8.. Who oversaw and approved RWA's payments, invoicing and draw
requests throughout the comprehensive planning process? Was it the CRA or• the local
planning agency?
9.. How is it that a CRA agency whose primary focus is the elimination of
slum and blight — including by eminent domain and tax increment financing — is not
conflicted in its goals as it spearheads the preparation and drafting of'the IAMP?
1.0.. Has the County clarified to the people of Immokalee who live within the
boundaries of the area that has been declared by the County to be a "slum," that the
County has now placed the CRA agency in charge of their future land use?
11... Why did the County elect to place the CRA in charge .of the IAMP rather•
a
than its local planning agency, as so clearly required by statute?
11. Was it truly and simply because the CRA's redevelopment area and the
IAMP area were originally geographically the same?
11 If' so, then why did the County expand the proposed IAMP boundary to
include 100+ acres of land east of the airport?
a 14. What impact did that expansion have on the. CRA's oversight of the
IAMP, since the boundaries then expanded outside of the CRA's defined redevelopment
area ? -
15... If the IAMP is truly the "will of the people of Immokalee," then why does
the County's. CRA web page say that the IAMP is "our vision ?"
16.... If the IAMP is really the CRA's vision, does this not call into question
whether- he entire IAMP, as prepared by the CRA, is irreparably tainted and. flawed?
the IAMP draft certainly Leads like a CRA- empowerment plan throughout..
17 Was it enough to have the Planning Commission only "review" the IAMP
instead of "preparing" the plan in accordance with its statutory obligations?
.18.. How does the BCC ,justify "bowing to" and taking "direction" from the
statutorily unauthorized Immokalee Redevelopment Advisory Board, and practically
chastise the statutorily authorized Planning Commission fbr interfering with the IAMP
wording as drafted by the Advisory Board?
4 19.: Why did the County appoint County code enforcement employee Kitchell
Snow to the Immokalee Redevelopment Advisory Board when it violates the policy
against County employees serving on advisory boards?
b 20.. Why does this County have such a persistent pattern of violating this
state's statutes, and its own ordinances, in order to control its government processes?
15
Jeffrey Klatzkow, Esq..
Page 8
The issues raised in this letter will be futther examined by the Blockers both before and
during the trial in the matters of Blocker vs, Collier County.. If' you wish to discuss any of
the foregoing with me, I am available at the contact information at the top of this letter.
cerely,
to en T. Bracci, Esq,
Steven . Bracci, PA
cc: Client
Immokalee Area Masteiplan Revision I ltnmokalee Today
e
15 I
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CCPC Transmittal Hearing #1
Saare f. Rehveet
Last fall the Immokalee CRA submitted the draft Master Plan to the Collier County Planning
February 16, 2010
Commission for approval, The Plan describes our vision in more detail and sets the stage for action:
April 1 2010
• Changing land use and building codes
May 4, 2010
BCC Transmittal Hearing #2
• Applying for funding
IMMOKALEE BUSINESS
• Setting design standards
DEVELOPMENT CENTER
• Improving housing
CCPC Adoption Hearing #1
o Attracting new business
CCPC Adoption Hearing #2
Steps for Master Plan Approval
(from Collier County to Agents for 2007/2008 Combined Cycle of GMP Amendment Petitions)
• Sufficiency Reviews - initial review by assigned staff planner. and preparation of draft
sufficiency letter
• Transmittal Hearings - series of scheduled hearings prior to transmission to state agency.
• Transmission to Florida Department of Community Affairs for review - if the DCA identifies
issues, they will cite those dificiencies, we will fix them and re- transmit
• Submit new Land Development Codes to Collier County - same process as #3 above
Immokalee Area Master Plan Growth Management Plan Amendment Cycle
Schedule
EAC'Transmittal Hearing
December 15, 2009
CCPC Transmittal Hearing #1
January 29, 2010
CCPC Transmittal Hearing #2
February 16, 2010
CCPC Consent
April 1 2010
BCC Transmittal Hearing #1
May 4, 2010
BCC Transmittal Hearing #2
May 18, 2010
DCAORC Report
July 30, 2010
EAC Adoption Hearing
September 22, 2010
CCPC Adoption Hearing #1
October 28. 2010
CCPC Adoption Hearing #2
October 29, 2010
CCPC Consent
December 2, 2010
BCC Adoption Hearing #1
January 27, 2011
BCC Adoption Hearing #2
January 28, 2011
BCC = Board of County Commissioners
CCPC = Collier County Planning Commission
DCA= Fla. Department of Community Affairs
EAC = Environmental Advisory Council
`Note: Standard hearing start times are as
follows: EAC and BCC at 9,00 a m: CCPC at 8:30 a M.
Links:
Download a PDF of the draft Immokalee Area Master Plan here, posted 2/8/2011
Download a PDF of the Master Plan Back -up Data and Analysis here..
Attachment A
1 of'2
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COMMERCIAL
PROPERTIES
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IMMOKALEE CRA
Download list of commercial
properties available for lease or
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area.(PDF Format)
IMMOKALEE AREA
MASTER PLAN
Click here
to read the
' *!S currrent
Immokafee
t�
Area
1 t Master Plan
(IAMP)
document (Updated 21812010)
BE-WEEKLY UPDATES
a,�
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
AGENDA
June 24, 2008
9:00 AM
Tom Henning, BCC Chairman Commissioner, District 3
Donna Fiala, BCC Vice - Chairman Commissioner, District 1; CRAB Chairman
Jim C.oletta, BCC Commissioner, District 5; CRAB Vice - Chairman
Frank Halas, BCC Commissioner-, District 2
Fred W. Coyle, BCC Commissioner,_ District 4
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST .REGISTER PRIORTO- SPEAKING. SPEAKERS MUST'REGISTER
WITH TINE, COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED. SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY
THE .CHAIRMAN.
COLLIER .(:OUNTY ORDINANCE NO. 2003-53, AS AMENDED BY
ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
li
1.5
computer systems, wireless transmitting devices, radio desk sets
and internet /intranet switches for the EOC
3) Recommendation to adopt the Comprehensive Emergency
Management Plan fot Collier County and its Municipalities..
Resolution 2008 -189
4) Recommendation to approve the negotiated annual contract with The
Ferguson Group for federal lobbying services..
Total cost of the contract is $107,000 annually
5) Recommendation that the Board of County Commissioners approve
and forward a letter and resolution to the Department of Agriculture
and Consumer Services in support of repairs to the Immokalee
Farmers Market,.
Resolution 2008.190
Moved to Item #1.00
6) Approval of a resolution to supersede Resolution 06 -200, which
directed the County Manager to establish a Floodplain Management
Planning Committee, to add two additional positions fbr- practicing
civil engineers,.
7) Recommendation that the Board of County Commissioners approve
the award of contract for the Immokalee CRA Master Plan Update
Related Services in the amount of $3$6,175 and approve all necessary
budget amendments., (Companion to Item #16G10)..
Awarded to RWA, Inc.
G. AIRPORT AUTHORITY AND /OR. COMMUNITY
. REDEVELOPMENT AGENCY
0
15
Florida Statutes in order to achieve Brownfields Area designation..
(4315 Bayshore Drive and three adjacent parcels.)
7) Recommendation that the Board of County - Commissioners approves
an after- the -fact acceptance ofthe attached Federal Aviation
Administration (FAA) grant offer for $201,8'75 for the design,
permitting and bidding of'a taxiway and aircraft apron south
expansion at the Marco Island Executive Airport, and associated
budget amendments..
Purchase from WCI to enhance safety and comply with FAA
airport design standards
$) Recommendation that the Collier County Board of County
Commissioners approve the acquisition of 2..'73 acres of larrd, known
as Tract Q, adjacent to the Marco Island Executive Airport for
$250,000, plus associated real estate transactions fees not to exceed
$10,000, and associated budget amendments
To develop an equal or greater amount of vehicle parking spaces
and aircraft parking
9) Recommendation for the Community Redevelopment Agency (CRA)
to approve the purchase of'a commercial property located in the
Bayshore Gateway Triangle Redevelopment Area; authorize the CRA
Chairman to execute the real estate contract,. approve payment from
and. authorize the Executive Director, to make a payment from Fund
(1.87) in the amount of'$750,000 plus cost and expenses to complete
the sale of'subject property„ Site address: 4315 Bayshore Drive
($750,000)
As detailed in the Executive Summary
10) Recommendation that the Community Redevelopment Agency (CRA)
approve the award of contract for the Immokalee CRA Master Plan
Update & Related Services in the amount of'$386,175 and.,
recommend the Board of County Commissioners (BCC) approve all
necessary budget amendments. (Companion Item #1 6F7)
Awarded to. RWA, Inc.
II. BOARD OF COUNTY COMMISSIONERS
a
15
Contract 08 -5073
Immokalee CRA Master Plan Update & Related Services
THIS AGREEMENT is made and entered into this day of J ug),�_,
2008, by and between the Board of County Commissioners for Collier County, Florida, a
political subdivision of the State of Florida (hereinafter referred' 'to as the "COUNTY" or
"OWNER ") and RWA, Inc., authorized to do business in the State of Florida, whose business
address is 6610 Willow Park Drive, Suite 200, Naples, Florida 34109 (hereinafter referred to as
the "CONSULTANT "),
9
WITNESSETH;
WHEREAS, the OWNER desires to obtain services of the CONSULTANT concerning
Immokalee CRA Master Plan Update & Related Services (hereinafter referred-'to as the
'Project!), said .services being. more fully described in Schedule A, "Scope of Services ", which is
attached. hereto and incorporated herein; .
WHEREAS, the CONSULTANT has submitted a proposal for the provision of those
services; and
WHEREAS, the CONSULTANT' represents that it has expertise in the type of services
that will be required for the Project.
NOW, 'THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
V 1 15' t `
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1,1. CONSULTANT shall provide to OWNER Consultant services for the Immokalee CRA
Master Plan Update & Related Services in all phases of the Project to which this Agreement
applies.
1 2 The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope: of Services described in detail in Schedule A. The total compensation 'to be paid
CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B,
+� "Basis of. Compensation ", which is attached hereto and incorporated herein
11,3 The CONSULTANT' agrees to obtain and maintain throughout the period of this Agreement
all such licenses as are required to do business in the State of Florida and in Collier County,
Florida, including, but not limited to, all licenses required by the respective state boards and
other, governmental agencies responsible for regulating and licensing the professional services
to be provided and performed by the CONSULTANT pursuant to this Agreement
1.4. The CONSULTANT agrees that, when the services to be provided, hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or.other form of legal entitlement to practice such services, it shall employ and /or retain only
qualified personnel to provide such services to OWNER.
1.5 CONSULTANT designates Robert J. Mulhere, AICP, a qualified licensed professional to
serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project
Coordinator "), The Project Coordinator is authorized and responsible to act on behalf of the
CONSULTANT' with respect to directing, coordinating and administering all aspects of the
services to be provided and performed under this Agreement. Further, the Project Coordinator
15
IN WITNESS WHEREOF, the parties.hereto have executed this Agreement for Immokalee CRA
Master Plan Update & Related Services the day and year first written above.
ATTEST:
Dwight E. Brgds 'Wft
By:_ _vA
Date: '� Y
. 00 ,.,. .
n:
Approved as to form and
legal fficiency:
c
Ass! nt County Attorney
If -F IE_ W121COT
Print Name
itness
Print Name
Witness
Print Name
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
By:
Tom Henning, Chairman
RW, A Inc.
Typed Name and Title
Item # WT
Agenda
Date
Date
Recd
vGNu� v
15
Schedule A _- 54APE _QE 5E&JS.E5
.... . Primary Task -i:. .. Immokalee Area Master Plan (TAMP) Adoption
Subtask 1,1: Coordinate with Collier County Comprehensive Planning Department comments and
recommendations on the current Draft lmmokalee Area Master Plan (TAMP), to include creation of one overlay
with specific planning zones and submit Growth Management Plan (CMP) Amendment application to Collier
County. This will require meeting and working with Comprehensive Planning staff, and assembling all
supporting data and analysis to develop a final draft "Transmittal" IAMP for consideration by local appointed
advisory boards and for review and Transmittal action by the BCC It is assumed that as part of this task,
additional public outreach and stakeholder meetings . will be required.
Subtask 1..2: It Is assumed that the Project Manager and other key members of the RWA Team will take a lead
role in coordination and presentation of the Transmittal Draft IAMP to the Environmental Advisory Committee
(EAC), Collier County Planning Commission (CCPC), and Collier County Board of County Commissioners (BCC)..
These are very important meetings requiring full preparation participation..
Subtask 1.3: The RWA Team will prepare and coordinate any further revisions (based upon BCC direction) for
IAMPTransmittal to the Department of Community Affairs (DCA) and other reviewing entitieslagencies
Subtask 1-4: Within two to three weeks after Transmittal, key members of the consultant tearn:wiil travel to
Tallahassee to meet with DCA staff in advance of their detailed review. The purpose of this meeting would be
to explain the overall purpose and intent and to address any issues of concern or questions DCA staff may
have.. It is deemed to be beneficial to meet with DCA in person, and the cost of this trip is included in estimated
fee schedule,.
Subtask 11-5: After' reviewing the draft (AMP (within Go days of Transmittal), DCA will issue an Objection,
Recommendation, and Comment (ORC) report The RWA Team will coordinate the process of addressing any
concerns raised by DCA Objections are binding That is, failure to adequately address objections raised in the
ORC will result in a finding on Non- Compliance.by DCA. Recommendations and Comments are not binding, but
it is advisable to consider any Recommendations or Comments. The RWA Team will coordinate with the CRA
Staff, County Planning staff, and the CRA Board and IAMPVC to address the issues raised in the ORC.
Substantive issues will require additional public and stakeholder outreach and Input. The RWA Team will
coordinate an ORC response and a final draft Adoption IAMP for submission to Comprehensive Planning staff
for review and forscheduling of Adoption Hearings
Subtask i„b: The RWA Team will take the lead in presenting the final draft Adoption IAMP to the EAC (if
necessary) and to the CCPC and BCC.
Deliverables: 1 ) Monthly Reports providing Consultant activities and progress, status of relevant Primary
Tasks, summary of community and stakeholder outreach, as well as any other issues of significance,. Note: This
'Task will occur throughout the project. z) Final Approved Amendments to the IAMP (found to be "in
Compliances" by DCA)..
"To commence: June 30, 2008
To be completed: June.o8, 2oog
15
Primary Task 2: Immokalee Area Land Development Code Adoption
Subtask 2A: Develop a set of [arid development codes that implement the goals set forth in the ]AMP, The
RWA Team will work with CRA staff (and other staff as applicable), as well as the CRA Board and IAMPVC, to
draft a.comprehensive set of zoning regulations that implement the IAMP Goals, Objectives, and Polices. It will
be critical to have significant community and stakeholder involvement, including outreach to residents,
landowners, and business owners, This will necessitate significant outreach, including. outreach in English,
Spanish and Creole. This Task will require the greatest amount of effort and time, and is therefore anticipated
to commence as soon as a contract is executed .
This can be accomplished in several ways, but it is anticipated that it will be accomplished, through. either- a.
comprehensive zoning overlay (applicable to the Immokalee Urban Area), or with the creation of a separate
and distinct zoning ordinance for the Immokalee Urban Area
Subtask. 2,2: Draft land development code language for inclusion into the Collier County Growth
Management Plan., This Task is a little unclear. Typically, Land Development Regulations (DRs) are found in
[arid codes or zoning ordinances, as these can easily be amended and do not require State of Florida DA
oversight.. It is therefore assumed that what is desired by this Task is the creation of one or more GO.Ps that will
provide overriding intent, directions, and authority for the creation of Immokalee- specific zoning regulations
(called for in Primary Task z r) These land development and /or zoning related GOPs, to be included in the
IAMP, would clarify the Community vision and desires as they relate to the built envir'onment.in urban
Immokalee, as. well as land uses, aesthetics (open space, buffers, planting materials, signage, etc.), and other
development /urban area related matters such as vehicular' use and pedestrian accommodations, and so forth..
These should. establish the big picture; while the implementation detail will be provided for in the Immokalee
Urban Area overlay or separate zoning code
Subtask 2$: Approval and adoption of land development codes by the County, the RWA Team will take the
final draft land development codes for the Immokalee Urban Area, as well as any written explanations, data
and analysis, justification, renderings, other graphics, and so forth, and present the recommended codes to the
appointed and elected boards for their review. and approval, and address any issues or' concerns through that
.process., These appointed and elected boards include: the Development Services Advisory Board (D SAC); the
Environmental Advisory Board (EAC.), and the Collier County Planning Commission (CCPC) (z-to 3 meetings),
and the Board of County Commissioners (BCC.)..
Deliverables: r..) Monthly Reports providing Consultant activities and progress, status of relevant Primary
Tasks; summary of community and stakeholder outreach, as well as any other issues of significance., z..) First
written Draft of Zoning Overlay /Zoning Code (no later than go days after IAMP Adoption)., 3.) Second written
Draft of Zoning Overlay /Zoning Code (no later than go days after review of first draft by CRA and Planning
Staff, and CRA Board and IAMPVC•. 4.) Written executive summary report, final draft zoning overlay, all data
and analysis, exhibits, graphics and so forth, for review by appointed and elected boards (3o days in advance of
first'scheduied Board hearings, usually DSAC) 5.) Final approved ordinance adopting Immokalee Area zoning
regulations,,
To commence: June 30 2008
To be completed: November 20, 2009
,_
15
Primary Task 3: immokalee Area Transportation Plan
Subtask 3.9: Develop and analyze current transportation conditions and deficiencies.. To maintain
consistency with current Collier County practices, existing conditions will be documented in the format
established by the transportation component of the Collier County Annual Update and inventory Report
(AUIR).. Tindal Oliver & Associates (TOA) developed this format for Collier County, and has advanced it into
more sophisticated transportation planning data management systems, and has built growth management
concepts around the information such reports can provide.
Subtask 3.2: Forecast future transportation conditions, including planned improvements. Since the
immokalee area is just beginning to grow, the current treatment of the area in Collier- County is not well-
refined.- Refinement and some supplementaltraffic count and roadway ' inventory -data'collection will be
required. Overall transportation system conditions can be summarized to track trends (is the system
improving or'. degrading'), to identify and monitor specific locations of deficiency, and to identify needed
improvements..
Subtask 3,.3:. Evaluate the changes and impacts the build -out of TAMP goals and objectives on the
transportation conditions., Future transportation demands and network conditions will be evaluated by
applying the. Lee /Collier, transportation system planning model, a model that is maintained jointly by FDOT and
the I,ee and Collier County Metropolitan Planning Organizations. The model will be refined to reflect expected
development patterns. A long -term transportation system "vision" plan that sets forth needed corridors for
transportation will be developed This is a critical step for two reasons: First, it is important to identify the
corridors needed to support the long-term plan so that short-term development approval decisions -do not
preclude the long =term solutions for transportation; and second, so that individual developers can design their
projects to be compatible with the intended function of the transportation system.
Subtask 3.,4: identify improvements to mitigate the impacts and /or effects of the (AMP goals and
objectives,. The future needs and solutions will be documented in technical reports using GiS mapping and the
transportation system database 8eveloped in the initial system documentation task. The technical reports will
be suitable for use as'ftechnical support documents" common to local government comprehensive. plans A
series of policies to support the implementation of the transportation system plan will also be developed..
These. policies will address the financial aspects, corridor preservation aspects, and• the growth
management /concur•rency- related aspects of implementing the plan. The key issues in this process will be the
sources from which revenues will be generated, in what proportion they will be generated from each source,
the timing and cash -flow demands of the needed facilities, and the implications for location and timing of
development and form of level of service standards that will be used to govern development approvals
A short-term transportation plan (ten-year horizon) should also be developed to guide initial improvements to
the transportation system. The short-term plan maybe either very apparent from the assessment of existing
conditions or may evolve as specific development proposals are advanced.. The plan will be developed In an
interactive format with workshops allowing input from agency and all stakeholders..
Deliverables: t.) Monthly Reports providing Consultant activities and progress, status of relevant Primary
Tasks, summary of community and stakeholder outreach, as well as any other issues of significance. a•) The
Future Needs Technical Report (s) with CIS mapping and transportation system database. The technical report
(s) will be suitable for use as "technical support documents," such as is common to iota[ government
comprehensive plans. 3 ) A series of policies to support the implementation of the transportation system plan
will also be developed These policies will address the financial aspects, corridor preservation aspects, and the
growth managementjconcurrency- related aspects of implementing the plan..
q .
15
SCHEDULE B
BASIS OF COMPENSATION
LUMP SUM
1. MONTHLY STATUS REPORTS
B..1.1 As a condition precedent to payment, CONSULTANT shall.submit to OWNER as
part of its monthly invoice a progress report reflecting the Project design and
construction, status,. in terms...of. the.-..total work. effort estimated to.-.be required for the-
completion of the. Basic Services and any then.-authorized Additional Services, as of the
last day of the subject monthly billing cycle.. Among other things, the report shall: show
all Service items and the percentage complete of each item,
131;1.1 All monthly. status reports and invoices shall be mailed. to the attention
of:
Penny Phillippi, Executive Director
Immokalee CRA
® 310 Alachua Street
Immokalee, Florida 34142
2. COMPENSATION TO CONSULTANT
13.2, 1., For the Basic Services provided for in this Agreement, OWNER agrees. to- make.
the lump sum.. ayments� to CONSULTANT in accordance with the terms stated below:.
Payments will. be made , in accordance with the following Schedule; however, the
payment of any.particular line item noted below shall not be due until all services
associated with any such line item have been completed to OWNER'S reasonable
satisfaction.
z
0
15
ITEM
LUMP SUM FEE FOR:_
FEE -
PAYMENT SCHEDULE
1
Immokalee Area Master Plan
(]AMP) Adoption
$75,050.00
Percentaga"Complete
2
Immokaiee Area Land
Development Code Adoption
X140,600.00
Percentage Complete
3
Immokaiee Area Transportation
Plan
$128,725.00 _
Percentage Complete
4
_
immokalee Area Capital
improvements Plan
$41,800.00
Percentage Complete
TOTAL FEE
6.2..2. The fees noted in Section 2A., shall constitute the lump sum amount of Three
Hundred Eighty.-Six 'Thousand One Hundred Seventy -Five Dollars {$386,175..00) to
be paid to CONSULTANT for the performance of the Basic Services.,
B.2..3. For Additional Services provided pursuant to Article 2 of the. Agreement, if any,
OWNER agrees to pay CONSULTANT' a negotiated total fee and Reimbursable
Expenses based on the services to be provided and as set forth in the
Amendment authorizing such Additional Services. The negotiated fee shall be
based upon the rates specified in Attachment 1 to this .Schedule . B and all
Reimbursable Expenses shall comply with the provision of Section 3.4.1: below,
There shall be no overtime pay on Additional Services without OWNER'S prior
written. approval.
B 2.4. The compensation provided for under Sections 2.1 of this Schedule B; shall be
the total and:complete amount payable to CONSULTANT for the Basic Services
to be performed under the provisions of this Agreement, and shall .include the
cost of all materials, equipment, supplies and out -of- pocket .expenses incurred in
the performance of -all such services.
B..2.,5 Notwithstanding anything In the Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to
perform the Services required of it under this Agreement, as directed by
OWNER, pending resolution of the dispute provided that OWNER continues to
pay to CONSULTANT' all amounts that OWNER does not dispute are due and
payable.
3. SCHEDULE OF PAYMENTS:
B 3 .1. CONSULTANT shall submit, with each of the monthly status reports provided for
F
0
19
Immokalee Area Masten Plan I Portfolio RWA, Inc.
15
Page 1 of )
C��tS UL'i"I a`�T
Name r t+ AboutUs News Careers (ontatt
mm
Water, Resources
Boney Wetland Restoration
Collier County Watershed Master Plan
Gordon.River Water Quality Paris
Lely Main Canal Filter Marsh and Salinity;
Control Structure
Lely Manor North -South Canal
Marco Island Right -of -Way and Drainage
Master Plan
Utilities
Bonita Springs Utilities Old 41 Utility
Relocates Phase II
Bonita Springs Utilities, Inc. Engineer of
Record
Cape Coral Utility Expansion
Coconut Square Master Lift Station
Collier Water Main Interconnect
East Bonita Beach Road Force Main
upgrade
Old 41 Shangrila Road Effluent Main &
Force Main
Spring Creek village Water & Sewer
Study
Strike Lane RO Plant Raw Water Main &
Transmission Main
Windsor Road CFPD Water Tank
Rezoning
Facilities-Institutional
Collier• Area Transit (CAT) Depot
Collier County Fleet Facility
EMS Medstar Facility at Page Field
G Weaver Hipps Elementary School
Golden Gate Fire Station #73
Naples High School Gym Addition
Neil Armstrong Elementary School
What We Do
Portfolio
Immokalee Area Master Plan
,.,c ��anaxrtc.�teFaCRA
Download the Immokalee Area Master Plan via the link: http:/Mnw+consult-
rwa cominews/medlakit aspx
TJIRWis currently working on an update to the Immokalee Area Master Plan for the
A
mmokalee Community Redevelopment Agency (CPA) In Eastern Collier County. The update ,,,,1
will result in amendments to the Collier County Growth Management Plan to reflect the
community's objectives, while fostering economic growth and diversity. The Immokalee
area is an agricultural community, far removed from coastal Collier County, with a distinct
population, economy, and environmental concerns Planning efforts for Immokalee must
serve to support cultural diversity and focus on further developing existing economic
drivers..
The Master Plan Update requires substantial consultation and coordination with Collier
County Comprehensive Planning and Immokalee CRA staff, as well as regular meetings with
and reporting. to the CRA Board and Immokalee Area Master Plan Visioning Committee. It
also Involves extensive GIS mapping to update and refine Collier County datasets The new
land use plan recommends revised densities and intensities for Immokalee in order to best
promote economic development. After the update to the GMP has been completed, changes
to the Collier County land development code (LDC) will be prepared In order to fully
implement the community vision. The changes will clarify community objectives related to
the built environment —land use, aesthetics (architectural guidelines, open space, buffers,
planting materials, signage), and parking, among other issues..
Once an effective land use plan and land development code have been developed, a
transportation plan, specific to Immokalee, will be created, and a capital improvement plan
established to address identified infrastructure needs
2/21 /2012
M
t y
CRA RESOLUTION NO. 2WI- 96
A RESOLUTION OF THE COLLIER COUNTY COMMUNITY REDEVELOPMENI
AGENCY RELAAIING TO COMMUNITY REDEVELOPMENT; PROVIDHVG FOR
MEMBERSHIP, TERMS, PURPOSE, DITTIES, ORGANIZATION AND RULES OF
PROCEDURE FOR THE AGENCY; CREATING THE BAYSHOREIGAIEWAY TRIANGLE
LOCAL REDEVELOPMENT ADVISORY BOARD; CREATING THE IMMOKALEE LOCAL
REDEVELOPMENT ADVISORY BOARD; PROVIDING FOR MEMBERSHIP, TERMS, FOR THOSE
O ; BIL VI
ADVISORY BOARDS; FOR SE RATY PROVIDING AN EFFECTIVE
DATE.
WHEREAS. the Board of County Commissioners has adopted a resolution finding the
existence of -one or. more.blighted areas.in the. unincoW. ated area of the County and further
finding that the rehabilitation, conservation or redevelopment or combination thereof in such
areas is necessary in the interest of the public health, safety, morals or welfare of the residents of
Collier County, Florida; and
WHEREAS, the Board of County Commissioners has further adopted a resolution
declaring itself as the Collier County Community Redevelopment Agency to carry out and
implement the redevelopment powers and actions contemplated by Part III, Chapter 163, Florida
Statutes, within such areas; and
WHEREAS, the Board of County Commissioners contemplated the creation of advisory
boards for each component area of the community redevelopment area in the unincorporated area
of Collier County, composed of citizens, residents, property owners and business owners or
persons engaged in business in the area; and
WHEREAS, the Board of County Commissioners further contemplated the need to
estabjbh,•membership, duties and responsibilities for the Agency and for each such advisory
board;
NOW, THEREFORE, BE II RESOLVED BY IHE COLLIER COUNTY
COMMUNIIY REDEVELOPMENT AGENCY AS FOLLOWS:
SECTION I ws: That there is hereby adopted bylaws for the Agency setting
forth membership. terms, purposes, duties, organization and rules of procedures for the Agency, a
copy of which is attached
SECTION2 Advisorv291aL That there is hereby created the "Bayshore/Gateway Triangle
Local Redevelopment Advisory Board "' and the "'Immokalee Local Redevelopment Advisory
Board' and bylaws for those Boards are adopted . a copy of which is attached
`Attachment
15
t H.
SECI ION I Severability: If any section or portion of a section of this Resolution proves to
c be invalid, unlawful,, or unconstitutional, it shall not be held to invalidate or impair the validity,
force, or effect of any other section or part of this Resolution.
SECTION 4: Bffective Date: This Resolution shall become effective immediately
upon its passage and adoption..
SECTION 5: This Resolution adopted after motion, second and majority vote this ??;a day
of 2001:
'ATT1S 7: COMMUNITY REDEVELOPMENT AGENCY
''.DWIG>i E. Bl20CiC; SECRETARY OF COLLIER COUNTY, FLORIDA
BY: �t'O
.: PAMELA S.. MAC'KTE, C14AIAMAN
Attist as .to- diirmn -s
siyeatuty only.
Approved As to Form and Legal Sufficiency
Heidi Ashton,
Assistant County Attorney and CRA Legal Counsel
w
15
15
BYLAWS
OF THE COMMUNITY REDEVELOPMENT AGENCY
OF
COLLIER COUNTY, FLORIDA
ARTICLE I. NAME AND PURPOSE
SECTION I.. Name: This Community Redevelopment Agency shall be known as the "Collier County
Community Redevelopment Agency" (the "CRA "), established pursuant to Resolution 2000 -83 adopted
on March 14, 2000 by the Board of County Commissioners ( "BCC ") of Collier County, Florida (the
"County") pursuant to Part III, Chapter 163, Florida Statutes the "Act ")..
SECTION 2.. Redevelopment Area: The area of operation of the CRA consists of certain
geographical areas listed below and for which a redevelopment plan was adopted by.CRA.Resolution
2000 -01 by the CRA and Resolution 2000 -181 by the BCC, and referred to therein as the Immokalee
Component . Redevelopment Area. and the Bayshore /Gateway Component . Redevelopment Area
Additional Component Redevelopment Areas may be added under separate resolutions by the CRA after
all appropriate findings have been made and a redevelopment plan for those areas adopted by the CRA .
and BCC, all in accordance with the Act.
SECIIQN 3„ . PuMose: The purpose of the CRA is to undertake and implement improvements as
provided for in the Act and the adopted Redevelopment Plan; to promote and create favorable conditions
for,the development, redevelopment and revitalization of the area of operation of the CRA; and to receive
input from its Advisory Boards, authorized by the Resolution No 2000 -83, who adhere. to . separate
bylaws adopted specifically for their purposes, and serve to represent the component areas of operation of
the CRA.
ARTICLE 11. COMMUNITY REDEVELOPMENT AGENCY
SECTION I. ' Function: The CRA is established to carry out those purposes that. ;are outlined in
Article I, Section 3_
SECTION 2., Authority: the CRA, subject to the provisions of the Act and all other applicable
provisions of law, shall have all powers customarily vested in a community redevelopment agency as
provided in the Act..
SECTION 3.. Members and Terms: In accordance with Section 163357(1), Florida Statutes, the
Collier. County Board of County Commissioners has declared itself to be the Collier County Community
Redevelopment Agency as an additional duty of office.. Reference to the members of the CRA as a whole
shall be "CRA Board" or "CRA "„ An individual member of the CRA shall be referred to as a
"Commissioner.." CRA Board terms shall be simultaneous with terms of members of the Board of
County Commissioners.
SECTION 4.. Vacancies: Appointments to fill vacancies on the CRA shall be filled by the person
filling the vacancy on the Board of County Commissioners.
SECTION 5. Employees: The CRA may, as it from time to time determines, employ. or retain by
contract staff; personnel, technical experts, legal counsel, and other such .agents and employees,
permanent or temporary, as it requires, and determine their qualifications, duties °and compensation, The
15
CRA may approve and authorize contracts with the County and other persons, firms and individuals to
provide services for and on behalf of the CRA.
ARTICLE_ Ill. OFFICERS
SECTION 1. Officers: the officers of the CRA shall consist of a Chairman, Vice Chairman, and
a Secretary, and such officers as the CRA may from time to time create. the Secretary shall be the Clerk
of Courts to the Board of County Commissioners, but shall have no vote.
SECTION 2 Qualification's: Officers shall be members of the CRA, except that the Secretary may, in
the discretion of'the CRA, be someone not a member of the CRA.
SECTION 3. Role of Chairman: The Chairman shall preside at all meetings of the CRA, sign
agreements, contracts, and instruments on behalf of the CRA, call special meetings as necessary and shall
perform such other dudes as are customary for- the Chairman.. ...... .
SECTION 4:: 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 5., Role of Secretary: The duties of the Secretary will be . defined in a written
agreement with the Clerk of Courts.. Some of the duties may include: (a) keeping the minutes of the
proceedings of the - meetings of the CRA, (b) providing all notices in accordance with the provisions of
these bylaws or as requited by law; (c) posting or causing to be posted all meeting notices as required-by
County procedures and notify members; (d) maintaining custody of the CRA records, (e) attesting
contracts and other CRA documents; and (f) in general performing all duties from time to time as may be
4 prescribed by the Chairman of the CRA..
SECTION 6 Officer Absences: In the absence of the Chairman and Vice Chairman, the quorum
Present shall select a Chairman for the meeting..
SECTION 7., Election of Officers: Except for the Secretary, officers shall be elected at the Annual
meeting of the Agency.: Election. requires nomination from the floor and an affirmative vote by a
majority'of the CRA members present and voting on an annual basis, provided a quoildri is present at
such meeting. Officers shall be seated 'immediately upon their election..
SECTION $„ Terms of'Office: Each officer duly elected by the CRA shall serve a term of one
year until the next annual appointment or election.. 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 CRA
SECTION 9 Officer Vacancies: If a vacancy exists in any office, the CRA shall elect a new
officer by the affirmative vote of a majority of the CRA members present and voting at a meeting of the.
CRA, to fill the incomplete term of the vacated office
SECTION 10.. Removal or Resignation: The CRA may remove an officer at any time with or-
without cause by the affirmative vote of a majority of the CRA members present and voting at a duly
constituted meeting of the CRA.. An officer may resign at any time by delivering notice thereof to the
CRA. A resignation is effective when the notice is delivered to the CRA unless the notice specifies a later
effective date and the CRA accepts the future effective date. The pending vacancy maybe filled before
the effective date provided that the successor does not take office until the effective date.. .
15
ARTICLE IV. COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARDS
SECTION 1. Function: In accordance with Resolution 2000 -83, advisory boards are to be
created for each component area of the community redevelopment area in the unincorporated area of
Collier County, which shall be .composed of citizens, property owners and business owners or- persons
engaged in business in the area.. Separate bylaws for these advisory boards will be. adopted by the CRA,.
These advisory boards will serve as the primary source of community input to the CRA staff and to the
CRA itself.. 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 priorities and their implementation The advisory board functions are advisory only
and are to assist with the public input in the local redevelopment planning process::
ARTICLE V. MEETINGS
SECTION 1.. eetin s: The Board shall schedule meetings as needed to carry out its duties in
accordance with these Bylaws and shall follow the procedures outlined in Sections 2-36 — 2-41. of the
Code of Laws and Ordinances of Collier County unless otherwise specified below.
a) Annual: An Annual meeting of this Agency shall be held in the month of fanuary of each-year, and on
the date and at the time and place to be determined by the Board, if other than at a regular meeting..
b).,.gegular:.:Regular meetings of the CRA shall be held as necessary on either the second or the fourth
Tuesday: of. each month to coincide with the regular- meetings of the BCC or on such day as. may be
determined by the CRA. The CRA meetings will be held at a "time certain" "identified on the BCC
Agenda..
SECTION.2: Meeting Procedures: The procedures for the meetings of the CRA will follow the
procedures outlined for the BCC in Sections 2 -36 — 2-41 of the Code of Laws and Ordinances of Collier
County unless otherwise specified below. Meeting notice will be published in accordance with applicable
laws..
ARTICLE VI. ORDER OF BUSINESS
SECTION L Order ofBusiness: 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
a. Advisory Board communications
b.. Other communications
(e) Consent
(f) Old Business
(g) New Business
(h) Citizen Comments
(i) Adjournment
3
U
It.
15
.......... .
di
ARTICLE VII. CONTRACTS
SECTION 1„ Execution of Instruments: Legal instruments of the CRA shall be executed by the
Chairman and attested to by the Secretary with the Clerk of Court's seal affixed thereto.. In the absence of
the Chairman, such instruments may be executed by the Vice Chairman
SECTION 2.. Real Prouerty Acquisition and Disposition: The acquisition, conveyance and leasing
of real property by the CRA shall be done in accordance with the Act..
SECTION 3.. Purchasing Procedures: Purchasing procedures will be in accordance with the Act. If the
Act . is silent then the procedures will be consistent with those authorized by the BCC for Collier County
or such other procedures that the CRA Board may adopt
ARTICLE VIII. FISCAL MATTERS
SECTION 1„ Fiscal Year. The fiscal year of the CRA shall be the twelve year calendar month
period commencing on October, 1 and ending on September 30 of the following year..
SECTION 2.. Financial Reyortina: The Secretary shall maintain financial records of all financial
transactions made on behalf of the component areas of the redevelopment area,. Staff assigned as liaison
to the CRA shall provide a report of the income and expenditures of each component area to the CRA at
the annual meeting and as otherwise requested by the CRA
ARTICLE IX. 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
PASStD AND CERTIFED AS TO P)
Agency this= � day of _� 2001,.
ATTEST:
DWIGI�T Pt. FROCK, SECRETARY
BY _ r«�- _ .Q'
LSSAGE by the Collier County Community Redevelopment
COMMUNITY REDEVELOPMENT AGENCY
OF COLLIER COUNTY. FLORIDA
L.t;O
BY;
Attest as to Chairman's PAMELA S. MAC'KIE, CHAIRMAN
signature only.
Approved As to Form and Legal Sufficiency
Heidi Ashton
Assistant County Attorney and CRA Legal Counsel
A
15
BYLAWS
OF THE COMMUNITY REDEVELOPMENT AGENCY
LOCAL REDEVELOPMENT ADVISORY BOARDS
OF
COLLIER COUNTY, FLORIDA
ARTICLE 1. NAME AND PURPOSE
SECTION L Name: The local advisory board, one per each component redevelopment area, shall be
known. as "the name of the component 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- geogtaphical area identified in CRA Resolution 2000 -01 by the Community Redevelopment
Agency (CRA) and Resolution 2000 -181 by the BCC, and referred to therein- as :the Immokalee
Component Redevelopment Area and the Bayshore /Gateway Component Redevelopment Area,
Additional redevelopment component 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 component,.
plan for those areas is adopted by the CRA and BCC, all in accordance with Part III, Chapter 163, Florida
Statutes (the .`.`Act ").,
SECTION 1 _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:advisoiy 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 component redevelopment area's redevelopment plan and when necessary
recommend to the CPA any changes to the plan;
(b) make recommendations to the CRA on plan implementation, including developing an annual
work program, setting project pdorities, and developing incentives to further the redevelopment
efforts and carry out and effectuate the purposes and provisions of the Act in the component
redevelopment area;
(c) receive input from members of the public interested in redevelopment of the component
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
component redevelopment area
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ARTICLE H. ADVISORY BOARD
SECTION L Function: Each advisory board is established to carry out those purposes that are
outlined in Article 1, 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.Board,. Each advisory board may prepare and adopt standing rules specific to that
advisory board's. component 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 2000 -01 and BCC Resolution 2000 -181 which adopted the Redevelopment 1'Ian, ACC
Resolution 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 Board shall have an appropriate numbef of members to insure,
adequate representation of all aspects of the community in the component redevelopment area.. This
number may vary from component redevelopment area to component area, This number.' may be
increased or decreased from time to time as recommended by the advisory board and appointed by the
CRA board member for the applicable component redevelopment area., In no circumstances, will the
number of advisory board members be less than five,.
SECTION 4 Appointment and Qualifications: The CRA board member from the component
redevelopment area shall appoint the. advisory board members subject to Article II, Section S for the
Bayshore/Gateway component redevelopment area and Article lI, Section: b for the Immokalee
component redevelopment area,• All appointments are subject to approval: by the CRA board..
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 an advisory board shall-engage in business in the component redevelopment area for that
advisory board, For purposes of' these bylaws, an individual who "engages in business" means an
individual who owns real property or a business, practices 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 its
membership for appointment as long as consideration is given to balancing the advisory board with
representatives from the above - recommended professions..
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
component redevelopment area as follows:
(a) One (1) Bayshore resident;
(b) One (1) Gateway Triangle resident;
(c) One (1) Bayshore business owner-;
(d) One (1) T•amiami Trail (US41) business owner;
(e) One (1) Davis Boulevard (SR84) business owner;
(f) One (1) Bayshore Municipal Service'Taxing Unit (MSTU) representative;
_.. ..
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(g) One (1) at large representative who resides or engages in business, or both, in the
Bayshore/Gateway Triangle Component Redevelopment Area;
SECTION 6• Immokalee Local Redevelopment Advisory Board: In order to assure a comprehensive
approach in the Immokalee community, the Inmokalee Enterprise Zone Development Agency as created
by the BCC pursuant to Collier County Ordinance 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 95 -22, as
amended.
SECTION 7.. A Iication 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 94- 436•.
SECTION & Terms: Except for the Immokalee Local Redevelopment Advisory Board; -advisory board
meinben shall serve for two (2) year terms, with no more than two reappointments permitted. However,
for purposes.of' staggering reappointments, three (3) of the initial members will have one (1) year terms as.
follows: B.ayshorelGateway 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 fbr the Immokalee Local
Re . developmenvAdvisory Board will be consistent with the terms set forth in Collier County Ordinance
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 county; and vacancy notices are to be.
posted. in the county libraries, the courthouse and on the internet.. Appointments to fill vacancies on the
advisory board shall be filled by the CRA Board member of the component redevelopment area. 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
SECTION 10. Attendance. Removal and Resi nation: It is the intent and strong desire•ofithe 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-
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L 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.
2. 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 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
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consecutive advisory board meetings without a satisfactory excuse and shall promptly
fill that position pursuant to the provisions of Article II, Section 9.,
1 For purposes of this Section 14, 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.,
4.. 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 board
accepts the future effective date. The pending vacancy may be filled before the
effective date provided that the successor does not participate at a meeting until the
effective date.,
SECTION I L Financial Disclosures: Advisory board members shall comply with the applicable
financial disclosuie requirements of laws of the State of Florida.
ARTICLE-II. OFFICERS
SECTION. .1...: Officers: The officers of the. each advisory board shall be a Chairman, Vice Chairman,
and a Secretary. The Secretary shall be the individual assigned from County staff, but shall have no
vote.
SECTION 2,. Role of Chairman: The Chairman shall preside at all meetings and hearings of the
advismy.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
absences 'The Vice. Chairman shall also petform 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, (e) 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..
SECTIONS. Officer Absences: In the absence of the Chairman and Vice Chairman, the quorum
present shall select. a Chairman for, the meeting..
SECTION & Election of Officers: Except for the Secretary, 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
an advisory board to the CRA
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3
SEC I-ION 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 member's present and voting at a
rneeftng of the advisory board, to fill the incomplete term of the vacated office.
SECTION 9. Removal or Resignation: tion: 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 member's 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 =til the effective date.
ARTICLE IV. SUBCOMMITTEES
SECTION L 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 Govetnment in the Sunshine Law.,
ARTICLE V. MEETINGS
SECTION L, 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,
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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.
SECTION 5. Open Meefines: 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„ Io provide for the orderly and efficient conduct of its meetings, each advisory board shall
follow 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.. 86-41, 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 f'or, review and discussion.
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PASSED AND CERIIFED AS TO PASSAGE by the Collier County Community Redevelopment
Agency this gj4day of `4 200t:,
Y. r
COMMUNIIY REDEVELOPMENT AGENCY
DW)IGIP-F BROCK, SECRETARY OF COLLIE COUNTY, FLORIDA
PAMELA S MAC'KIE, AN
sfgpdture oaly,
Approved As to Form and Legal Sufficiency Hei�d��i Ashton
Assistant County Attorney and CRA Legal Counsel
15
RESOLUTION NO. 2000- 82
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
RELATING TO COMMUNITY REDEVELOPMENT, MAKING
FINDINGS: FINDING BLIGHTED AREAS EXIST IN THE
COUNTY; FINDING THE REHABILITATION, CONSERVATION
OR REDEVELOPMENT OF SUCH AREAS IS NECESSARY IN
THE PUBLIC INTEREST; FINDING A SPECIFIED AREA TO BE
A BLIGHTED AREA AND A COMMUNITY REDEVELOPMENT
AREA; PROVIDING FOR CONFLICT WITH OTHER
RESOLUTIONS AND SEVERABILITY; PROVIDING AN
EFFECTIVE DATE
WHEREAS„ the Board of County Commissioners has received and
considered a report and presentation by County staff and consultant which identified .
conditions within the boundaries of Collier County in the areas identified, described and
depicted on Exhibit "A' attached hereto and made a part of this resolution (the "Area');
and
WHEREAS, after having considered the determinations and the facts and
evidence of conditions in the Area and has received and considered such other
evidence of the conditions in the Area as have been presented to it, the Board of County
Commissioners desires to proceed In accordance with the authorization and powers
granted by Part ill„ Chapter 163.. Florida Statutes, to establish the necessary means by
which redevelopment can be accomplished in the Area and that certain actions are
appropriate and necessary and should be taken to address the conditions now present
and expected to be present in the Area;
NOW. THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY., FLORIDA AS FOLLOWS:
Section t . Findings. The Board of County Commissioners does
hereby find:
(a) Based upon the facts and evidence presented to and considered
by the Board of County Commissioners, the following conditions exist in the Area:
1. Conditions are present in the Area that are detrimental to the
sound growth of the county and which substantially impair or arrest the growth within the
15
Area, and present conditions and uses in the Area are detrimental to the public health,
safety„ morals and public welfare; and
2 There is a predominance of inadequate or defective street layout;
and
3 There Is faulty and Inadequate lot layout in relation to size
adequacy, accessibiiiiy. or usefulness; and
4 There are unsanitary conditions as such relates to the conditions
of the sanitary system and there are unpaved and deteriorating roadways resulting In
unsafe public conditions; and
5. There has been a deterioration of site and other improvements;
and
6 There is a diversity of ownership or defective or unusual
conditions of title.. which prevent the free alienability of land
(b) The notices required by Section 163 346, Florida Statutes (1999),
have been timely published or mailed in accordance with said statute
(c) Action must be taken immediately to prevent further blight and
deterioration and to protect and enhance public expenditures previously made in the
Area
Section 2. Findlno of Necessltv.. The Board of County
Commissioners, based upon evidence presented to it and in the public record does I
hereby find that one or more *blighted areas' (as defined in Section 163.340(6)_. Florida
Statutes), exist within Collier County Florida, and, further finds that the rehabilitation,
conservation or redevelopment. or a combination thereof of such area or areas
described Is necessary in the interest of the public health safety, morals or welfare of
the residents of Collier County. Florida.
Section St4f131YuDaly Reclevelplamprit ,Area. Based upon the facts
presented to it and contained in the public record, the Board of County Commissioners
does hereby find the Area (as herelnbefore defined) is a "blighted area" (as that term is
defined in Section 163 340(8) Florida Statutes (1999) and that such area constitutes a
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a
'community redevelopment area" as defined in Section 163 340(10) Florida Statutes
Section 4 Conflic ts AIi resolutions and parts of resolutions in
conflict with any of the provisions of this resolution are hereby repeated, provided,
however. nothing herein Is Intended nor should be applied to affect, repeal, alter, amend
or supersede any previous resolutions adopted by the Board of County Commissioners
finding any other area or areas within Collier County to be a "blighted area' for purposes
of the Community Redevelopment Act.
Section 5 GevQrability If any section or portion of a section of this
resolution including any part of the exhibit, proves to be invalid, unlawful, or
unconstitutional. it shall not be held to invalidate or impair the validity, force, or effect of
any other section or part of this resolution. Should either area constituting part of the
Area or part thereof shall be severed from the Area and the remainder shall constitute
the Area for purposes of this resolultion
Section 6 Effective Data This resolution shall become
effective immediately upon its passage and adoption
Section 7.
This Resolution adopted after motion, second and majority vote this _ day
of ,. 2000
ATTEST:
DWIGKT 6 BROCK, CLERK
;t ,`1' C
Attest l as t o Ct:a r r 4n's
Sigrl�tttr�. c.; ?g.
BOARD OF COUNTY COMMISSIONERS
COLLIER ORIDA
BY: '+ ob
TIMOT CONSTA E C R V-
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
David C. Weigel
County Attorney
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EXHIBIT A
BAYSHORWGATEWAY TRIANGLE REDEVELOPMENT AREA DESCRIPTION
BEG SW CNR SECT 2, TWP 50, RNG 25, N 630', E 662', S 427', E 200', N 270', E TO THE E
RIW LINE OF BROOKSIDE DRIVE, S TO THE SW CNR OF LOT 10, SUNSET SUB, E'TO THE
SE CNR OF LOT 6, SUNSET SUB, S 92', E TO THE NW CRN OF LOT 55, BLK A, ROCK CREEK
PARK, N TO THE NW CNR OF LOT 10, BLK B, ROCK CREEK PARK, E TO THE E SECT LINE
SECT 2,.TWP 50, RNG 25, S TO THE NW CNR OF SECT 12, TWP 50, RNG 25, E 670', S 773',
W 20.0', S 735', W 200', S 990', E 460', S 330', E 972', S 1174', SWLY 481', NWLY 523', W 95',
- SWLY 730.' -TO. THE NELY.. R/W. LINE- .U.S. 41, .CONT SWLY.'T'O THE _SWLY. RIW_LINE: U,S. 41,
NWLY ALG THE SWLY R/W LINE OF U S 41 TO ITS INTERSECT WITH THE W RIW LINE OF .
BAYSHORE DRIVE,
S TO THE N RIW LINE OF WEEKS AVE, W 761', N 1355', W 'TO THE W R/W
LINE OF PINE STREET, N TO THE SE CNR OF LOT 2, BLK K, INOMAH .SUB, W 100', N TO
THE N R/W OF WASHINGTON AVE, CON'T NWLY. AND WL.Y ALG NLY RNV LINE -
WASHINGTON AVE TO THE SW CNR OF LOT 2, BLK C, INOMAH SUB, W TO THEW RIW
LINE OF FREDRICK ST, N TO NE C. NR LOT 9, COC- LEEJERRACE.SUB, W TO. THE W SECT
LINE OF SECT 11, TWP 50, RNG 25, N TO THE SW SECT CNR OF SECT 2, TWP 50, RNG 25
AND THE POB.,
AND
BEG. SE..CNR:SECT 23, TWP 50, RNG 25, N ALG THE E SECT LINES. OF SECT 23 AND 14,
TWP 50; RNG 25, TO E' /. CNR SECT14, TWP 50, RNG 25, E TO THE. SE CNR.LOT 6, CREWS
SUB,.N' TO THE S LINE OF HALDEMAN CREEK, E TO THE SWLY R/W LINE OF U.S. 41 NWLY
ALG THE SWLY R/W LINE OF U.S. 41. TO ITS INTSECT WITH THE W R/W LWE,OF
BAYSHORE DRIVE, S`TO'THE R.RMI LINE OF WEEKS AVE, W 761,%:N--1355,,- W TO.-THE W.
RIVV LINE OF PINE STREET, S TO 'THE' S RIW LINE OF MANGROVE ST'RE.ET-j W TO THE NW
CNR LOT 14, BLK F, HALDEMAN RIVER SUB, S TO THE N LINE OF HALDEMAN CREEK,
SWLY -ALG. THE N LINE!OF HALDEMAN. CREEK TO !TS INTSECT: WITH THE VII SECT UNE OF
SECT'14, TWP 50, RNG 25; S ALG THE W SECT LINE OF SECT 14 'AND 23, TWP '.50, RNG 25,
TO THE SW CNR OF SECT 23, TWP 50, RNG 25, E TO THE SE CNR OF SECT 23, TWP 50,
RNG 25 AND THE POB..
15
BEG AT THE NW CNR SEC 25, TWP 46, RNG 28, THENCE E ALG N. LINE SEC 25 TO NE CRN
OF SEC 25 AND THE NW CNR OF SEC 30, TWP 46 RNG 29, THENCE E ALG THE N LINES OF
SECTONS 30, 29, 28, 27, AND 26 TO THE NW CNR OF SEC 25, TWP 46, RNG`29, THENCE S .
ALG THE W LINE SEC 25 TO THE NW CNR. OF THE SW'/. OF SW'/ SEC 25, THENCE E TO
THE NE CNR '%
OF.'THE SW % OF' SW_ Y SEC. 25, THENCE S TO THE S SEC LINE OF SECC25
AND THE NE CNR OF THE WOF.NW Y40F SEC 36, TWP 46, RNG 29, THENCE S TO THE
SE...CNR OF THEW %s.OF NW' /..SEC,36, THENCE W:TO THEW %..CRN: SECTON 36JHENCE
S TO THE SW CNR SEC 36 AND THE NW CNR OF SEC 1; TWP 47, RNG 29, THENCE E TO
THE NE CNR OF SEC 1 AND THE NW CNR OF SEC 6, TWP 47, RNG 30, THENCE.E TO THE
NE CNR OF S.EC:6, THENCE S TO THE SE CNR OF SEC 6, THENCE W TO THE.SW CNR OF
SEC 6 AND THE SE.CNR OF. SEC 1, TWP 47, RNG 29, THENCE.W.TO THE S' /4. CNR,SEC 1
AND THE N % CNR OF SEC '12, 'TWP 47, RNG 29, THENCE S TO THE S'/. CNR SEC 12 AND
THE N Y•.CNR OF SEC 13, TWP 47, RNG 29, THENCE S TO THE CENTER OF.,SEC.13,
THENCE W TO:THE W % -CNR SEC 13 AND THE E % CNR OF SEC .14, TWP 4T. RNG 29,
COW 1lI ro THE W' /4 CNR OF.SEC 14 AND THE E' /. CNR OF SEC.15, TWP 47,;RNG 29,
THENCE S TO. SE CNR OF SEC 15, THENCE W AL.G THE S LINE.Or SEC 15 AND 16 TO THE
SW.CNR OF SEC 16, TWP 47, RNG 29, THENCE N ALG THE W LINE OF SEC 16 AND 9 TO
THE NW CNR OF SEC 9, TWP 47, RNG 29 AND THE SE CNR OF SEC 5, TWP 47, RNG 29,
THENCE W ALG THE S LINE OF SEC 5 AND 6 TO THE SW CNR OF SEC.6, 'TWP 4'7,.RNG 29;
AND THE.SE.CNR OF SEC 1,TWP 47, RNG 28, THENCE N TO THE E'/ CNR OF .-SEC 1,
THENCE W TO THE SHORELINE OF LAKE TRAFFORD, THENCE ALG THE SHORELINE OF
LAKE TRAFFORD NELY;'NLY,. NWLY, WLY, SWLY TO THE INTERSECTON OF THE LAKE
TRAFFORD SHORELINE AND THE W SEC LINE OF SEC 35, TWP 46; RNG 28, THENCE N 'TO
THE; NW.CNR OF SEC 35,.THENCE E TO THE NE CNR OF SEC 35 AND THE SW CNR OF SEC
25; TWP 46, RNG 28, THENCE N TO THE NW CNR OF SEC 25 AND THE P 0 8
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15
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15
163,355., Finding of necessity by county or municipality, FL ST § 163.355
West's Florida Statutes Annotated
Title XI.. County Organization and Intergovernmental Relations (Chapters 124 -164) (Refs & Annos)
Chapter 163.. Intergovernmental Programs (Refs & Annos)
Part III. Community Redevelopment (Refs & Annos)
West's F.S.A. § 163 355
163 355 Finding of necessity by county or municipality
Effective: July 1, 2oo2
Currentness
No county or municipality shall exercise the community redevelopment authority conferred by this part until after the governing
body has adopted a resolution, supported by data and analysis, which makes a legislative finding that the conditions in the area
meet the criteria described in s 163.340(7) or (8).. The resolution must state that:
(1)0 1 ne of more slum or blighted areas, or one or more areas in which there is a shortage of housing affordable to residents of
low or moderate income, including the elderly, exist in such county or municipality; and
(2) The rehabilitation, conservation, or redevelopment, or a combination thereof; of such area or areas, including, if'appropriate,
the development of housing which. residents of low or moderate income, including the elderly, can afford, is necessary in the
interest of the public health, safety, morals, or welfare of the residents of such county or municipality
Credits
Laws 1969, e.. 69 -305, § 6; Laws 1984, e 84 -356, § 4 Amended by Laws 1994, c 94 -236, § 4, eff. July 1, 1994; Laws 2002,
c. 2002 -294, § 3, ef1E July 1, 2002.
Notes of'Decisions (4)
Current through Chapter 236 (End) of the 2011 First Regular Session of the Twenty- Second Legislature .. .
End O Document
9
C 2012 Thomson Rcutets No claim to original U S Govunincnt Works.
H
15
163340. Definitions, FL ST § 163.340
West's Florida Statutes Annotated
Title XI County Organization and Intergovernmental Relations (Chapters 124 -164) (Refs & Annog)
Chapter, 163.. Intergovernmental Programs (Refs & Annos)
Part III Community Redevelopment (Refs & Annos)
C F.LA§ 163 3 40D
163 340. Definitions
Effective: July 1, 20o6
Currentness
.. The following terms, wherever used or referred to in this part, have the following meanings:
(1) "Agency" or "community redevelopment agency" means a public agency created by, or designated pursuant to, s 163.356
or s. 163..357..
(2) "Public body" means the state or any county, municipality, authority, special district as defined in s. 165 031(5), or other
public body ofthe state, except a school district
(3). "Governing body" means the council, commission, or other legislative body charged with governing the county or
municipality:.
(4) "Mayor" means the mayor of a municipality or, for a county, the chair of the board of county commissioners or such other
officer as may be constituted by law to act as the executive head of such municipality or county
(5) "Clerk" means the clerk or other official of the county or municipality who is the custodian of the official records of such
county or municipality
(6) "Federal Government" includes the United States or any agency or instrumentality, corporate or otherwise, of the United
States.
(7) "Slum area" means an area having physical or economic conditions conducive to disease, infant mortality, juvenile
delinquency, poverty, or crime because there is a predominance of buildings or improvements, whether residential or
nonresidential, which are impaired by reason of dilapidation, deterioration, age, or obsolescence, and exhibiting one or more
of the following factors:
(a) Inadequate provision for ventilation, light, air, sanitation, or open spaces;
E (b) High density of population, compared to the population density of adjacent areas within the county or municipality; and
overcrowding, as indicated by government - maintained statistics or other studies and the requirements of the Florida Building
Code; or
(c) The existence of conditions that endanger life or property by fire or other causes
.�••� (8) `Blighted area" means an area in which there are a substantial number, of deteriorated, or deteriorating structures, in which
conditions, as indicated by government- maintained statistics or other studies, are leading to economic distress or endanger life
or property, and in which two or more of the following factors are present:
IM
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f�
INANCE NO. 97- 97-_A 1 _
y t
.LADING COLLIER COUNTY ORDINANCMNO.
ACTION TWO, THREE AND FIVE; PROVINIG —s-i
KEMBER TO THE IMMOKALEE ENFER*SE c�
VT AGENCY (EZDA); SETTING FOJtTH . � , r
1WERS OF THE EX OFFICIO MEMBEIV BY r D
5 ADDRESSING OFFICERS, .QUORUM;
? THE UM40KALEE ENTERPRISE ZIDNE L°
,NCY; PROVIDING FOR CONFLICT AND
KIISING FOR INCLUSI614 IN THE :COLLIER
1AWS AND ORDINANCES; PROVIDING FOR
County Commissioners of Collier County;_ Florida, has adopted
ing the Immokalee Enterprise Zone Development Agency
ty Government has a policy that no Collier County employee
)mmissioners Advisory Boards or Committees; and
of the Department of Agriculture for Collier County has had...
tegral role in the purposes and activities of the EWA, it is
I holding that position as liaison to tht EZDA and to direct that
i attaining its goals pursuant to Sections 290,001 - 290.016,
ty Ordinance No. 95-22,
IT HEREBY ORDAINED BY THE GOVERNING BODY,
MISSIONERS, COLLIER COUNTY, FLORIDA that:
No of Collier County Ordinance No: 95.22, entitled
of the Immolcalee Enterprise Zone Development Agency" is
r subparagraph to authorize the appointment of an ex- officio
aintmcnt and Commusafi,on of the Immo mEntmdse Zone
consist of not fewer than eight (8) or more than thirteen (13).:
least one representative from each of theffoIIowing,6tities
tire added; words stmek llmlo aiideleted,
Attachment IL
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I,.
e Irnmokalee Chamber of'Commerce,
FinaneirJ or Insurance entity,
business.opmftg in the nominated Enterprise Zone,.. .
resident living in the nominated Enterprise Zone,
nonprofit community-based organization operating with the nominated
aterprise Zone,
local private industry council,
local code enforcement agency, and
local law enforcement agency..
3rtance of minority representation on the agency. shall be considered in
► that the agency generally reflects the ethnic and gender composition of
ity.
I of the Agency shall be appointed by and serve at the pleasure of the
lissionem.
wor of the Department of Agcuuj 7} , of Collier ntv shall „tgr
igjo Il1Sm
er o0he Asma an shall be a non voting member of the
e:tion Three of Collier County Ordinance No. 95-22 entitled Tmns of
e Fntwdse�Zonj Development Agmm is hereby amended by adding.a
Mows:
EE: Terms of Office of the Immok lee EntLprise Zone Development
of office of the Agency shall be as follows:
members shall be appointed for a term of three (3) years„
members shall be appointed for a term of two (2) years.
nember shall be appointed for a term of'one (1) year..
fining initial members shall be appointed for a term of four (4) years.,
appointment or reappointment shall be for a term of 'four. (4) years.
15
Appointments to fill any vacancies on the Agency shall be for the remainder of the
unexpired term of office..
As the ex- officio mernhM the Director of the Dggartmsat of Atdaul= shall be
=tin W to a term Jong for the life ofd @gent,+, unless otherwise removed by the Board of
County commi e�$14ft —�
SECTION THREE: Section Five of Collier County Ordinance No.. 95 -22, entitled Officers:
QgorumoRules of EMO&um of the Immokalee Entcrnrise Zone D.V-Aopment Ago cv is hereby
amended by adding a new subparagraph as follows:
sE 1JQN Fla: QMcers• Ouotum: R41es of ProgggM of the jMBokalce Entemrise
r pevelonmentAgencv
A) the Board of County Commissioners shall elect a chairman and vice chairman
from among the members, exclu ive of the Director of the Denaftent of Agcrcuttue member
Officers' terms shall be for one (1) year, with eligibility for reelection..
B) A majority of the voting fibers of the Agency constitutes a quorum for the
purposes of conducting business and exercising the powers of the Agency and for aff other
purposes..
C) Action may be taken by the Agency upon a vote of a majority of the voting
members present, Copies of all Agency minutes, resolutions, reports, and exhibits shall be
submitted to the Board of County Commissioners,
SECTION FOUR: CONFLICT AND SEVERABILITX
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply.. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion„
Words underlined -are added; words simak theagh are deleted..
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SECTION -EM; 29JU51ON INTO THE COLLIER COUNTY CODE OF LAWS
}AND ORDINANCES
.b-provisions of this Ordinance shall become and b made a gad of the Code of"Laws
and Ordinances of Collier Co= Florida Ibe &20 {I of the Ordinance may be renumbered or
relo=d to aec=lish web, and the word "oalinarW m&y bgghUg,I„lg:agon. ",*wfc�Iq" or
anv.othef anvranriate.WQd
SECTION SEX: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Department of State,.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _ day of�(�Q�t,
Approved as to form and' legal sufficiency:
Melissa A. Vasquez
Assistant County Attorney U
McHmWdb%mm mwmft rnt io E=A
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
TIMOTHY COCK, CHAIR)AAN
Ms, ordlrsanc j "fl ?ed with H'tr,
S ^cretory Of Stvta's Office tl:�
crl(f CC +A ^V� '.... }. ^,1i4 }/ of !, r
of._.._.
Wards. linklerl are added; words Wig# arc deleted.
4
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, MIGHT E. BROCK, Clerk of Courts in and for the Twentieth
`Judicial Circuit, Collier County, Florida, do hereby certify that the
e
foregoing is a true copy oi.
ORDINANCE NO. 97 -81
Which was adopted by the;Board of County Commissioners on the 9th day
of Decembor, 1997, during Regular Session.
WITNESS my hand and the official seal of the Board of County_
Commissioners of Collier.County, Florida, this lath day of December,
1997.
DWIGHT B.. BROCR
Clerk of Courts anq: #erk '
Ex- officio to Board;•:6 •
County Commissioner's
By: /s/ ody Rce `'. • �'
Deputy Clerk r9tV;
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no