Agenda 03/24/2009 Item #14A
Agenda Item No. 14A
March 24, 2009
Page 1 of 8
EXECUTIVE SUMMARY
Election or reelection of the Collier County Commuuity Redevelopment Agency (CRA) Chair
aud Vice-Chair for 2009
OBJECTIVE: For the Collier County Community Redevelopment Agency (CRA) Board to nominate
and elect a new Chair and Vice Chair or reelect the existing Chair and Vice-Chair for 2009.
CONSIDERATIONS: CRA Resolution Number 200]-98, as amended by CRA Resolution 2007-72A,
(Exhibits A and B) established the by-laws which govern the purpose and requirements of the CRA.
The CRA is required to hold an annual meeting in March of each year which has been utilized to
appoint or reappoint the Chair and Vice-Chair for thc CRA
Section 8 of Article 111 of the above-referenced Resolution provides as follows:
. Tenns 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 3 of Article 111 of the Resolution provides:
. 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 duties as are customary for the Chairman.
Lastly, Section 4 of Article III of the Resolution states:
. Role of Vice Chairman: The Vice Chairman shall act for the Chairman in the Chairman's
absence, The Vice Chainnan shall also perfonn such duties as are delegated by the Chainnan.
FISCAL IMPACT: There is no fiscal impact as a result of these actions by the CRA Board.
GROWTH MANAGEMENT IMPACT: There is no direct impact upon the Growth Management
Plan as a result of these actions by the CRA Board.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office and is
legally sufficient for Board action. This item is not quasi-judicial and therefore no ex parte disclosures
are required. A simple majority vote of the CRA members present and voting is required to elect a
new chair and vice-chair so long as a quorum is present. (MMSS)
RECOMMENDATION: For the Collier County Community Redevelopment Agency (CRA) Board
to nominate and eject a new Chair and Vice Chair or reelect the existing Chair and Vice-Chair for
2009.
~
Prepared by David L. Jackson on February 20,2009
Executive Director, Bayshore Gateway Triangle CRA
Page 1 of 1
Agenda Item No. 14A
March 24, 2009
Page 2 of 8
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
14A
Election or reelection of the Collier County Community Redevelopment Agency (CRA) Chair
and Vice-Chair for 2009
3/24/2009 9:00:00 AM
Meeting Date:
Prepared By
David Jackson Executive Director Date
Community Redevelopment
Agency Bayshore-Gateway Redevelopment 2/26/2009 9:02:05 AM
Approved By
David Jackson Executive Director Date
Community Redevelopment
Agency Bayshore-Gateway Redevelopment 2/26/2009 9:02 AM
Approved By
Jeff Klatzkow Assistant County Attorney Date
County Attorney County Attorney Office 2/26/20093:16 PM
. Approved By
Marjorie M. Student-Stirling Assistant County Attorney Date
County Attorney County Attorney Office 2/27/20098:46 AM
Approved By
OMB Coordinator OMB Coordinator Date
County Manager's Office Office of Management & Budget 2/27/2009 9:47 AM
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 2/27/20095:41 PM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 2/27/2009 6:03 PM
.
I EXHIBIT
II
. I
Agenda Item No. 14.1\
March 24. 2009
Page 3 of 8
eRA RESOLUTIOJli NO. 2()()HJS
11Bl
A RESOUfI'ION OFTIIE COLLIE/( COUNTY COMMUJ\ITY REDEVI'.LOI'MENT AnENCY REI..ATIN(;T{)
COMM1TN1TY RF.I)rWEI.()j'MENT; PROVIDING POR MEMHERSI-Ill'. T~:H.MS, PlJRPOSE, DlrnES,
ORGANIZATION AND IWLES OF I'ROeI\DlrHE FORTI IE N;EN('Y: ('REATINnTIIE BAYSHORE/(;ATEWAY
TIUANC;LE LOCAl.. REDEVELOPMENT ADVlSORY HOARD; CREATINnTHI\ IMMOKALEf: WCAL
REDEVELOPMENT ADVISORY BOARD; I'ROVIllINC; FOR MEMBERSHIP, TF.RMS, I'lmpOSE, DUTIES,
OR.CiAN1ZATIC>N AND RULESOF l'RO('EDlJRE H)R THOSE AJW!SClRY HOARDS; PROVJmN(~ FOR
SEVERABIllTY: I'IWVIDING AN EFFI\CTrJVF DATE.
WHEREAS, the Board nfC".ounty Commissioners h"s ;;)Jopl~d a rL""ululion finding the existence of one or mure
h)i~hted areas in the' uninl.'orporntt.'d area orlhe CounLy :..lnd further tlnding thut the rch:.lhililt.lLion, con~er'.-ution or
redewlopmcntnrcomhinatinn thereof, in slJ~h :'H'e<.lS is neces.."'3ry In the interesL oflhe public he31th, safety, morals
or welfare orthe residents ufCullier Count)', Florida; <.lnd
WHEKEAS, the Board afCount)' Comml!';sjon(-'['S hHS further adopteJ:.l resolution declaring itself;]s the Collier
County Community Redevelopment Agency to et'IfT'Y out and implement the ~development pov,ers and nctions
contemplated hy Parl II!, Clu~rler l(J:J, rlonda .statutes, \'\'ithin such "lrt:ilS; <Jnd
\lVHEl{EAS, the BO:.lrd of('.ounty Commissioners conlemplHted the crt'Mion ofu,hisory hoards foreac..:h component
dreH orth€' community rr...-de\'clopmcnt :.lfeU in the unincorporaled <ire;). of Collier County, Ctlmposed of citizens,
residents, propertyowncf!' LInd husiness rWdlers or pt'r$OIlS eng.....geJ in husiness in the urc:J; und
WHEREAS, the Bnurd ofCounly (\'mmi~ioners further contemplated the need t() (-'stHblish membership, duties
,md rc!';pnl1sihilities for the A~en('y and for each such ..H.hisory bO<lrd:
NOW, THEREFORE, BE IT RESOI.VEn Bl'THECOLLlER COllN'II.' COMMUNITY REDEVELOPMENT AGENC'\'
AS FOLl.OWS:
SECTlON 1. Az.enc\' IiV!.l'....S: That there is hcrehy uLlupted hylav,,'!'; for the A).!;eney ~tting forth membership, terms,
purposes, duties, organization Dod rules of procedure!' fur tht: A~eocy, a COpy. of which is utl<lehed.
SEli"ION~. Advisor\' Board: That there is herehy created the "Hay~hore/Gat(,wJyTri,'lngle LUC!:l1 Redevelopment
Advisory Board" and the "Immokalee Loc./:ll Redevelopment Alhirory Board" and hylavl''S fc}r those l30ards are
adopted, <J mpy of which is alUlcheu,
SECTION ;1, Sevcrahilitv: If any section or portion of;] sectiun or this Rl.'....1I1uliun pn.n"f".":-; to he invalid, unla"i'ul, or
unconstitutional, it shall not be held to iO\':3lidate or impair the \':.llidity, forcc, or etfect Df llny other section or part
o1'tl1is Resolution.
SbTJ'!{)N 4: .Em~~Jj\'e Di.:l~~: up00 its p3s.<;.age and adoption Thi~ Re!'>olution shall btc't'Omc cffcctin' immediulcly
:iIICTlON " 'I'hi. R..,juti... ~ after 1IlOl""" _ aad mojoo;Iy _1t1J. ~ d.,
of ~'-1.2001.
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CXlMMUNI'IY RSDBVIlLOl'MKNT ArnlNCY
OPCOUJllQ CXlUNTY, R.ORlDA
Agenda Item No. 14A
March 24, 2009
Page 4 of 8
I EXHIBIT
I
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BYLAWS OF THE COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA
ARTICLE J. NAME AND PURPOSE
SECTION 1. Name: This Community Redevelopment Agency shJ.1I be known as the "Collier County ('{Immunity
Redeyelopment Agency" (the "CRA"), established pursuant to Resolution :':(l()O~R::lI.lJ()pted on March 14,2000 hy
the Board orCounly C'ommissionen; ("Bee") ofCollief County, Florida (the "CUUI1LY") pursuant to PDrt TIT, C'lwptcr
J h:1. floridu Statutes (the "Act ").
sr.rnON2. RedeveloDlnenl Area: The area Dropcmtion of the eRA consists of eert3in geogr-.lphical urCilS listed
helow nnd for which d rede\'eloprnent plan W<':lS IJJopLed hy eRA Resolution :;!OOO-Cll hy the eRA and Resolution
2000~J81 by the Bee, and referred to therein as the Jmmokalee (".omponent IZedeyelopment :\rc:J ond the
HayshoreiC;oleway Component RedeyeJopment Area. Additional Component Rede\'eloprncnt Are:Js may he addn.l
under separate resolutions by the CRA alter ,~n ;Jpprupriate nndin~s han' hel'n mudc und <) redevelopment pl<Jll for
those areas adopted by the CHA and ReC.all in accordance ".:ith the Act.
SgCT[ON 3. Pumnse: The purpose urthe eRA is 10 undertakl~ and implement improvements as prmidcd for in the
Ad and the adopted Redevelopment Phm; to promote and create f:norable conditions for the dcyclopment,
redevelopment and J'c\italization of the are.<1 of operation of the CRA; and to receive input from its A(hisory
Boards, i.luthorized by the Resolution No. ~ooo-8:{, who adhere to separdte bylaws adopted specifically for their
purposes, und serve to represent the eom pOllent ureas of operation or the C'R.!\..
ARTICLEll,_<;;QMMUi'/ITY REDEVELOPMENT ;).GENCY
SECTTON I. Function: Article 1, Section :\. The eRA is established to curry out those purposes that m'C outlined in
SECTION:.l. Authority: The CRA. sun,kef to the provisions of the Act and all other <3pplicublc provisions afla\\',
shall huve all powers custommily vested in <3 community rcdc\'Clopmcnt 8genc:-.' 1:IS provided in the Act.
SEC:rlON :1. Members and Terms: In i.K'curdunee with Seclion 16;'-\.:).')7(1), Florida Statutes, the Collier Count)"
Bo:.~rd of C~lUnty Commis..sioncrs has tleclured iL<;clf to be the ('ollier Count)" Community Re(levelopment Age~cy as
ul1 ndditjona! dutyofolTiL'e. Rderence to the members of the eRA as <l whole shall be "eRA Hoard" or "eRA". An
indi\"idu.ul member orthe CH..A shall be referred to as J "Commissioner." C'RA HourJ terms shall he simultaneous
\'lith terms of members of the Board of ('.ountyC()mmissioneJ's.
SECfTON 4. VdC1.ll1cies: Ap}Xlinlmellls t(l fill \'acancies all thE> <'J{A shall be filled hy the person filling the nlcancy
on the ROllrd ofC,ounty C'ommlssioncrs.
SECTfON 5. F.mnlovecs: 'rhe eRA may, as it from time to lime determines, employ or retuin hycunLract staff.
personnel, technical experts, legal coun~l, undothl.::r such agents and employee;;, permanent Of tempomry, as it
requirt."S, and determine their qualifications, duties and compcnsdtion. The eRA m1:lY appro\"e and authorize
contracts \.,itl1 the County and other pe~ons, firm!': and individuals to pro\"idc servke." for and on beh;Jlf of the
r'RA.
ARTICLE III. OFFICERS
S!i.(TION 1. Officers..... The officers. of the eRA shall consist ofa Chairman. Vice Chu;rmun, and a SE.'Cret3t:1", tlnd sueh
oftlccrs as the eRA may from time to time create. The Secretary shall be thc Clerk of Courts to the A(){'Jr(l ofC'ounty
Comm issioners. but shall have no vote.
SECTION 2. Oualifieations: Orii.eers shall be members oflhc eRA, exeept that the Sec.retary may. in the di~crction
of the eRA, be someone not <.Illlember of the eRA.
SEC"TION ;l. Rolc of Chairman: The ChuirmlJl1 sh<.lll preside ut all meeting.s of the C'RA, sign u~reements, contracts,
and instruments on hehalf of tile eRA, c.all special meetin~s <.IS necessary and shall perrllrm such other dulies (l~ are
customary forth", Chuirrrwn.
Agenda Item No. 14A
March 24, 2009
Page 5 of 8
I EXHIBIT A
StTI'ION 4. R.ole nfVice Chuirm<Jn: The Vice Chairman shall.::Jcl for the Chuirman in the Chairman's ahsenL"e. The
Vice Chairman shall also perform such duties us ilrc <..k.'leguled hy the Chairm:.Jn.
SECTiON ,"j. Role of SecretarY: The Juties of the SCl'rdi.l~' v.ill he: defined in 1:1 .vritten <Jgreemenl with the Clerk of
Courts. Some oCthe duti($ may include: (D) keeping the minutes of the procccJinv,s of the meetings of the CHA, (h)
providing all notices in neeordunce yvilh the provisions of these hybws or as r-equircJ hy law, (e) posting or causing
to be posted all meeting notices as required hy County procedures und notify memhers, (d) muintuining custody of
the C'RA records, (e) uttesting conlmcls tlnd other eRA documents, und (I) in general performing all duti~ from
lime tu timc us m<-lY be prL"Scrihed hy the Chairman of the ('Ri\..
SECtION 6. Onicl:r ^nscnccs: In tne absence of tne Chainmm und Vicc Ch<-lirman, the quorum present ~hun select
a Chairman for the meeting.
SECTION 7, Election ofOffic9n:: E,xeept for the Se('rdLlry, offi.cer~ ~h;)1l be elected at the Annunl Meeting of the
A1:!,ency. Election t'L"quire~ nomination from the floor nnd an affirmative vole bY:J mHjority of the eRA members
present and \-oting on an unnuul busis, flT'o\ideJ a quorum is present al such meeting, Oflicers shall he seated
immediately upon their election.
SE(~nON 8, Terms ofOflice: [";:H.ell oITi('er duly elected by the ClZA slwll scrYe H tf-~rm of one ye,jf until the next
annual llppointmcnt ur election. All officers shall hold ortice untiltlll.:ir sueee;sors ha\'e been elected Dr until their
eurlier rcsignlJLiol1, remoyal from office or deaLh. No persoIl muy simult::lneously Iwld more th<JtI one orrice on the
C'f~^-
SI':CTION q. Officer Va_<,;,,!nci~~ Ira VilC<JllCY exists in :JOY office, the CR.A shall pled <:l ne''I'officer bv the :Jffirmalh"e
\"()te of a majority of thl;' ('RA memhers prL~ent <I lid mting at a mL>eting of the C'RA, to nil the jnco~plcte term of
the \"twated office,
SECTION 10, Remtlval or Uesiun!;!tion: The eRA muv remove an officer::lt ::Iny time with llr wilhollt cause bv the
affirmiltive vole of I-l ma.iority of thE' eRA mcmhl'f'S prt~s{'nt ;jnd votini-\ at a dul:' !..:(lOstituted meeUng orthe CRA. An
officer may resign at nny time hyJeliverin).; notice thereofto the C'HA ^ re...;ignation is effective whr;n Ihe notice b
delivered to Lhe CRA unlt.!ss lIw notice spe<.:'ifies a later effective dale and the eRA ~ccerts the future etfectiw. date.
The pending HlC.JJlCY may he fill{-'d hefore the effective delte pruvldl'u that the succes.<;or does not take office until
the effective dute.
ARTICLE IV. COMMUNITY REDEVEWPMJ;:NT AGENCY ADVISORY BOARDS
SECTION 1. Function; In <.Jceon.lullcc ,..,.'ith Re~()luljon 2o(l(l-K'.I. <.1f.h"isnrl' honrds nre to he cre.3ted for each
component u~ orlh~ community redevelopment area in the ~ninl'orpr;rated area ofCnllicr County, which shall he
l'omposeJ {)f citizens, propcrtYO\'Il1ers und bu:'>incs... OWIH.:rs or persons en~u~ed in busines.." in the Hrea. Separate
hylaws for these advisory boards will be <.ldoptcd by the C'R^. These Ildvisory hoards vI.ill serve as lhe primary
source of communitJ input to the eRA stnff .'llld tn the en.A iLq~lf. r-:ach nd\isory board ,..,.ill consider and muke
!'ecommcmbtions tn the eM stuff nnd the eRA concerning the l{cJcyclopment Pbll, dlllcnJrrwnts k, the
Redevelopment Plan, thE-' rt-~dl'\"{~Jopment area .....'Ork progf<.lm 8nd priorities ilnd their implement.3tion. The ad\isor~'
huard functions are advisory' only and are to <lssist \'\ith the puhlic inpul in the local redevelopment plunning
process.
ARTICLE V. MEETINGS
SE('TION I, M('Ctin!?~ The B03rd shall schedule meetings::Js needed I{l C<:lrry out its duties in accordance with thc:"c
Bylaws and shall follow the proc'edures outlined in 'sL'CLions :..1<-lb v :1~4! of"lhe Code of W\\'S and Ordinances of
('oilier County unless othcnvise specified below.
H) AnnlJ<ll: An Annual meeting of" this Agency shall be held in the month of .Ianuary ofe:.lch year, and on the date
and at the time and place to be determined hy the Board, if other than:lt:1 regular meeting.
b). Regular: Regular meetings of the CR.^- shull he held us necessary on either Lhe second or the fourth Tuesday of
each month to coincide vvith the regulLlr meetings of the BC(' or un suc.h d[lY 3S may be determined b~' the eRA. The
C'RA meetings ",ill be held at3 "lime eertain" idcntil1ed on the lW(' Agenda.
Agenda Item No. 14A
March 24, 2009
Page 6 of 8
\ EXHIBIT A
SEcnON 2: Meetin'l! Proc.edures: The procedures for the meetings oCthe eRA will foHmy the procedures outlined
for the nee in ~ctjons 2-:\6 ~ ~-41 of the ('ode of Laws and Ordinam."es of Collier County unless othcr\\'isl' ~pccjficd
below. Meeting notiee will be puhlif'heJ in ac.corJance \'\;lh applicahle 13\ivs.
ARTICLE VI. ORDER OF BUSINESS
SECTION 1. Order of Business: The order ufbusiness at regubt' meetings shull he:
(3) 1(011 C,1l
(h) Adoption or the Agemla
(c) Adoption of Minute:'> from Previous Meeting
(d) Com municalions
H. Advisory Board communkntions
b. Other communications
(t.') Consent
(0 Old Business
(g) New B usi ness
(h) Citizen Comments
to Adjournment
ARTICLE VII. CONTRAcr5
SEC'1'lON 1. Execution or Instrumenls: Legal instruments of the CRA shull he exeeuted by the Chairman <:Ind
attested to b:v the Secret.ary v.;1lh the Clerk of C~ourt.' s seal uffixed Iherdn. r n the ahsence of the C'hDirmun, su('h
instruments may he exceuted hy the Viet> C'htlirman.
S[~C'TION:..!. Real Pronertv.Acauisition and OiSDosition: The ucqubition, conveyance and lenSing of real property
hy the eRA shall be done in <.Iccorl..hmcc with the AcL
:)EC"TIuH :-,. Pllrclwsin~ Procedures: l'un'hilsin;::: rW(ll..:l:;'{lurt"':" \nll ht' in ~lIx:orJ~11Kt' with the Ad. If till:::' Ad is .";llent
then thl;;' procedureS \\'ill hoc.' con,....i:-;h-'flt \\lth those <iuthul'1zt>d hy tht' l:;,~(' for I'ollil'!' (', lunly or sHch other
pr'lcedUl'l;s tklt th", C'RA Bourd nWY;ldopl.
ARTICLE VII)' FISCAL MAlTERS
,SEITION 1. FiSCHl Year: The fiscal year of the eRA shall be the twelve yetlr culenJar month period commencillp, on
October 1 and ending on September:w of the foHowingycur.
SEcnON 2. _Financial Reoortin\!: The Secretllf:>- shall maintain lilmnci.ol r'et:ords orall financial transactions made
on hchalfofthe c()mpnnenl Hr'em; of the n.'<le,;e(opment area. StaffnRsiF,ned us liaison to the eRA shaH pro\'ide a
report ofthc income and expenditures orweh component Uf'l'U to the C'RA ut the .1T1nual meetinj!, alld as other\Yis(;.'
requested hy the eRA.
j\RTICLE IX. AMENDMENTS
It
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Agenda Item No. 14A
March 24, 2009
Page 7 of 8
I
I EXHIBIT
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These Bylaws may be amended at allY dulv constituted meeling of the eRA by an Bffirmnti\'c vote Iwa majurit\ DC
the eRA memhcr~ present <.lnd voting i:.lftc'r the proposed amendment has be~n li~ted on the dgenJ;:; i.1I1d s~lhmittcd
to the eRA fnr re\'iev.; and discussion.
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OP(X)[..1.lBR COl.1NTY. PLOKIDA
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I EXHIBIT -d3-1
eRA RESOLlITJON NO. 07- 72A
Agenda Item No. 14A
March 24, 2009
Page 8 of 8
A RESOLUTION OF THE COMMUNITY REDEVEWPMENT
AGENCY OF COLLIER COUNTY. FLORIDA. AMENDING CRA
RESOLUTION NO. 2001-9& AS IT RELATES TO THE BYLAWS
OFTIiE COMMUNITY REDEVELOPMENT AGENCY.
WHEREAS, on March 27, 2ooJ, the Collier County Community Redevel~pmenl
Agency (eRA) approved eRA Resolution 2001-98 whicb adopted bylaws for the eRA and its
advisory boards: and
WHEREAS. lhe eRA wishes to amend Section I a) of Anicle V of its bylaws as it
relates to its annuaJ meeting. and has determined that all requirements necessary to amend this
bylaw have been met.
NOW, THEREFORE. BE IT RESOLVED BY THE COMMUNITY
REDEVELOPMENT AGENCY OF COLUER COUNTY, FLORIDA, <hat
I. The Bylaws of the Community Redevelopment Agency of Collier County, Florida, are
amended as follows:
ARTICLE v. MEETINGS
SECTION I. Meetin2s: The Board shan schedule meetings as needed to carry out its
duties in accordance with these Bylaws and shall follow the procedures outlined in
Section 2-36 - 2-41 of the Code of Laws and Ordinance of Collier County unles~
otherwise specified below.
a) Annual: An annual meetillg of this Agency shall be held in the month of ~
March of each year, and on the dale and at the time and place to be delennined by the
Board, if other than at a regular meeting.
2. E>cept a,. modified above, the Bylaws adopted tbrougb CRA Resolution No. 2oo1-9R
shall remain in fuU force and effect.
l\ I....
This Resolution adopted after motion. second and majority vote. Ihis ::!:.-!...- day of
m...,........
,2007.
COMMUNITY REDEVBWPMENT AGENCY
OF COLLIER COUNTY, FLORIDA
By: ooJ/1~~~
Jcffre
Mana