Agenda 12/16/2008 Item #16G 3
Agenda Item No, 16G3
December 16, 2008
Page 2 of 24
2. The CRA Advisory Committee will review the Executive Director's personal evaluation
and proposed goals, and will make an independent evaluation and recommendation, whieh the
Committee will fOlWard to the Commissioner(s) representing the district in which the
redevelopment area is located no later than tJ1e 3 I" day of December.
3. The representing Commissioner(s) will review both the Executive Director's personal
evaluation and the CRA Advisory Committee's recommendation. The Commissionc'f(s) will then
make a separate evaluation and recommendation,
4. The Executive Director will then fOlWard both the individual Commissioner's evaluation
and the CRA Advisory Committee's evaluation to the CRA Board as a regular agenda item on the
seeond meeting date in January, togethcr with the CRA Executive Director's personal evaluation,
5. The CRA Board, sitting as a whole at the second regularly scheduled meeting in January,
will then make the required performance evaluation, determine the individual merit awards, and
approve the respective Executive Director's goals, objectives and projects for the following] 2-
month period. Eaeh individual Commissioncr's vote shall be based upon a review of the
representing Commissioner's recommendation, the CRA Advisory Committee's recommendation,
the eRA Director personal evaluation, as well as the individual Commissioner's personal
evaluation.
Taking this approach. ] have created the attached CRA Resolution setting forth this performance
evaluation proeess for the CRA Directors, This approach has becn reviewed and approved by the
Executive Directors,
FISCAL IMPACT: None.
LEGAL CONsmERA nONS: The proposed evaluation process is consistent with the existing
Agreements with Mr. Jackson and Ms. Philiippi. Fom1alizing this new policy through a
Resolution will assist future reference and amendments to the evaluation process.
GROWTH MANAGEMENT IMPACT: Nonc,
RECOMMENDA nON: That the CRAB adopt the attached CRA Resolution establishing a
performance evaluation process for thc CRA Executive Directors.
Prepared Bv: Jeffrey A. Klatzkow, County Attorncy
---
2
Page 1 of ]
Agenda Item No, 16G3
December 16, 2008
Page 3 of 24
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16G3
Recommendation that the Collier County Community Redevelopment Agency Board (CRAB)
adopt a Resolution establishing a performance evaluation process for the eRA Executive
Directors
Meeting Date:
12/1612008 90000 AM
Prepared By
Jeff K~atzkow
Assistant County Atiorney
Date
County Attorney
County Attorney Office
12/8/20085:03:26 PM
A pproved By
County Attorney
Assistant County Attorney
County Attorney Office
Date
Jeff Klatzkow
12/9120088:11 AM
Appro\'ed By
OMS Coordinator
Applications Analyst
Information Technology
Date
Administrative Services
1219/20088:40 AM
Appro\'ed By
Mark Isackson
Budget Analyst
Office of Management & Budget
Date
County Manager's Office
1219/20088:49 AM
Approwd By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
12/9i200B 11:52 AM
filc://C:\AgendaTest\Export\ 118-Dcccmber%20 16,%202008\ 16,olc,20CONSENT%20AGE.., 12/10/2008
""___,________,____,_______ ,"-___,_____,__ _u__-,
.t\'Jenda Item No. 16G3
- December 16, 2008
Page 4 of 24
CRA RESOLUTION NO, 08 -
A RESOLUT10N OF THE COLLlER COUNTY COMMUNlTY
REDEVELOPMENT AGENCY EST ABLlSHING A PERFORMANCE
EV ALUA TION PROCESS FOR THE COMMUNlTY
REDEVELOPMENT AGENCY EXECUTIVE DIRECTORS, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, by Resolution Nos, 2000-82 and 2000-83, the Board of County
Commissioners created the Community Redevelopment Agency of Collier County, Florida
(CRA Board) and established and described the Bayshore/Gateway Triangle Redevelopment
Area and the lmmokalee Community Redevelopment Area; and
WHEREAS, the CRA Board employs an Executive Director for eaeh redevelopment area
who works in close cooperation with the County Manager's Office and the County Departments
to implement the programs and activities of the redevelopment area; and
WHEREAS, the employment agreement between the CRA Board and each Exeeutive
Director requires that the CRA Board review and evaluate the performanee of the Director on an
annual basis prior to CRA budget adoption; and
WHEREAS, the CRA Board wishes to establish a performance evaluation process for the
Community Redevelopment Ageney Executive Directors,
NOW, THEREFORE, BE IT RESOLVED BY THE COLLlER COUNTY
COMMUN1TY REDEVELOPMENT AGENCY, that:
A. Performance Evaluation Process, The performanee evaluation process for the
Community Redevelopment Agency Executive Directors shall be as follows:
I, Each CRA Exeeutive Director will prepare a personal evaluation along with their
proposed goals, objectives and projeets for each of the next two years, The
Executive Director will then submit this evaluation to their respective CRA
Advisory Committee. no later than the first day of Deeember.
2, The CRA Advisory Committee will review the Exeeutive Director's personal
evaluation and proposed goals, and will make an independent evaluation and
recommendation, which the Committee will forward to the Commissioner(s)
representing the district in which the redevelopment area is located, no later than
the 31" day of December.
3, The representing Commissioner(s) will rcview both the Executive Director's
personal evaluation and the CRA Advisory Committee's recommendation, The
Commissioner(s) will then make a separate evaluation and recommendation,
4, The Executive Director will then forward both the individual Commissioner's
evaluation and the CRA Advisory Committee's evaluation to the eRA Board as a
Page I of2
Agenda item No. 16G3
Decernber 16, 2008
Page 5 of 24
regular agenda item on the second meeting date in January, together with the CRA
Executive Director's personal evaluation,
5,
The CRA Board, sitting as a whole at the second regularly scheduled meeting in
January, will then make the required performance evaluation, determine the
individual merit awards. and approve the respective Executive Director's goals,
objectives and projects for the following 12-month period. Each individual
Commissioner's vote shall be based upon a review of the representing
Commissioner's reeommendation, the CRA Advisory Committee's
recommendation, the CRA Director personal evaluation, as well as the individual
Commissioner's personal evaluation.
B. Effeetive Date. This Resolution shall become effective immediately upon passage and
adoption.
THIS RESOLUTION ADOPTED after motion, second and majority vote this _ day
of ,2008.
ATTEST:
DWIGHT E. BROCK
COMMUNITY REDEVELOPMENT
AGENCY OF COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
DONNA FIALA, CHAIRMAN
By:
App.roved as to form
ane egal ~u lelency
-,
. :::r I
rv l
Jeffr IF A Klatzkow
Cou y 11 orney
Page 2 0[2
-'--,
,'";J8nda Item No, 16G3
ieT~elf6, 20g8
'of aR 6 of ,,:\
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, ""'-... I II Ii..
;O~jfHY ATTOR~If::\
EMPLOYMENT AGREEMENT BETWEEN
PENNY PHIUlPPI AND THE BOARD OF THE 2"7 NGV ~2 AM 7: 45
COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY
THIS AGREEMENT is made and entered into this :;;t'd day ofQ::h>l.u" 2007.
by and between the Board of the Collier County Community Redevelopment Agency (the
"CRA Board"). and Penny Phillippi.
!n consideration of the mutual covenants herein contained. the parties do agree
as follows:
1. APPOINTMENT OF THE IMMOKALEE REDEVELOPMENT AREA
EXECUTIVE DIRECTOR: Pursuant to action taken by the CRA Board at its
October 23, 2007 meeting. Ms, Penny Phillippi ("Director") was selected to
be the Executive Direetor of the Immokalee Community Redevelopment
Area ("/CRA"), effective Deeember 3. 2007,
2, DUTIES: The Director shall perform the functions and duties typical of a
person in the position of a Director of a Community Redevelopment
Agency, including but not limited to:
a, Director shall act as the Chief Administrative Officer of the 'CRA.
reporting to and responsible to the CRA Board and be responsible for
the day to day implementation of the ICRA programs and aetivities
including ICRA staff selection and supervision. This shall be
accomplished in close cooperation with the County Manager's Office
and County Departments,
b. Director shall devote full time efforts to the CRA and its mission,
c, Director shall perform such other associated and legally required
duties and functions, as the ICRA Board shall direct.
d, Director agrees to perform all such functions and duties. faithfully,
competently. professionally and promptly to the best of the Direetor's
ability.
e, Director. at the direction of the CRA Board and the Board of County
Commissioners, may be required to earry out the promotional aspects
of the Enterprise Zone which geographically encompasses the
Immokalee Community Redevelopment Area.
3, AGREEMENT LENGTH, The initial term of this Agreement with the Director
shall be for two (2) years from the date of execution of this Agreement, with
three (3) three year renewals upon approval of the CRA Board and the
Director,
4. PERFORMANCE EVALUATION: After one year of employment the CRA
Board agrees to review and evaluate the performance of the Direetor on an
annual basis prior to the CRA budget adoption. The CRA Board shall
provide the Director with a written summary statement of the findings of the
Board and provide adequate opportunity for the Direetor to discuss her
evaluation with the CRA Board. Based upon said review and the
Agenda Item No. 16G3
Decor!l.~ 21 2008
~ ~'H of 24
performance evaluation, Director's annual base salary may be adjusted by
an amendment to this agreement approved by the CRA Board and the
Director.
5. RESIGNATION: In the event Director voluntarily resigns her position with
the CRA Board. then the Direetor shall give the CRA Board a minimum of
ninety (90) days written notice in advance, unless the parties agree to
waive such notice requirement.
6. SEVERANCE TERMS AND CONDITIONS: In the event Director is
terminated by the CRA Board without cause. the CRA Board agrees to pay
Director an amount equal to three months (3) months of Director's base
salary.
In the event Director is terminated by the CRA Board with cause, then the
Director shall not be entitled to any severance. The term, "with cause", shall
include the Director's resignation submittal; failure. neglect or refusal to
come to work desp~e being in good health; conviction of a felony crime; the
inability to perform his duties as defined herein; consistent substandard
performance; violation of any local State and federal sexual harassment or
unlawful discrimination laws.
7. ANNUAL BASE SALARY: Director shall be paid for his services rendered
pursuant hereto at the rate of eighty five thousand dollars ($85,000) per
year, payable in bi-weekly installments on the same dates as professional
employees of Collier County Government are paid,
8. BENEFIT PACKAGE: CRA Board agrees to provide a comprehensive
benefit package for Director equal to that which is currently provided to
professional personnel of Collier County Government.
9, SICK. VACATION. PERSONAL AND HOLIDAY LEAVE: Director shall
accrue sick. vacation. personal and holiday leave at the same frequency
and with the same carryover and other limitations, if any, as currently
provided to professional personnel under Collier County Government's Pay
Plan. Director will also receive a payout for all accrued but unused vacation
time consistent with the County Manager's Polieies and Procedures
regarding payment of benelns at separation.
10, DUES AND SUBSCRIPTIONS: CRA Board agrees to pay for the
reasonable and customary professional dues and subscriptions of Director
necessary for her continued profeSSional participation, growth and
advancement, including national and state professional organizations,
11, PROFESSIONAL DEVELOPMENT: CRA Board agrees to pay the
reasonable and customary travel and subsistence expenses (in accordance
with applicable Florida law), for Director and his staff's travel and
attendance at any meetings and conferences, which the CRA Board shall
approve.
2
- '~"T"'-"--"
^.genda Item No, 16G3
I De1,n11r 1ft, 2008
1ifl'H of 24
12, AUTOMOBILE; Because of the distance between Immokalee and Naples
and other locations related to the carrying out of CRA business and the
need for the Director to be present in Naples on a regular basis to execute
the functions and duties of the Director, the Director shall be paid a monthly
car allowance in the amount of five hundred dollars ($500) for the use of
her personal car to carry out the duties related to the Director.
13. RESIDENCY; The Executive Director has agreed to reside within the
Immoka/ee Enterprise Zone #1101 within six (6) months of the date of hire
and continue such residency during the entire duration of her employment
with the CRA Board.
14, GENERAL PROVISIONS:
The provisions of this Agreement constitute the entire understanding
between the parties, Only the representations and understandings
contained herein shall be binding upon the CRA Board and the Director.
No other representations or understandings are binding on the CRA Board
and the Director unless contained in a subsequent, duly adopted and
exeeuted written Amendment to this Agreement
15. GOVERNING LAW; This Agreement shall be governed by the laws of the
State of Florida.
15. VENUE: Direetor and the CRA Board agree that the sole venue for any
disputes arising under this agreement shall be the Twentieth Judicial Circuit
in and for Collier County, Florida in Naples, Florida.
16. SEVERABILITY: Should any provision of this Agreement be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the
validity of the Agreement as a whole, or any part thereof, other than the part
declared to be invalid.
17. EFFECTIVE DATE OF THIS AGREEMENT: The Agreement shall become
effective upon execution,
IN WITNESS WHEREOF, the Collier County Community Redevelopment Agency,
County of Collier, State of Florida, has caused this Agreement to be signed and
executed on its behalf by its Chair, and duly attested to by its Clerk and approved as to
form and legal sufficiency by the CRA Board General Counsel, and the Director has
signed and executed this Agreement. that day and year first written,
3
Agenda item No, 16G3
Dec!ember"f, 1~2EM
Pagr't"'H
BY:
Donna Fiala, Chair
ATTEST:
DWIGHT E. BROCK. CLERK
~..f\jJJJ ~,' ,,~O.c..
~U to ~Ierk
AII*.., ~.. ...brm and
Lej~:172 ~L
Scott Teach
Manag ing Assistant County Attorney
11em# ~
4
.t,genda Item No. 16G3
December lii ~n8
pagE.1 0,+4 A
EMPLOYMENT AGREEMENT BETWEEN
DA VID L. JACKSON AND THE BOARD OF THE
COLLIER COUNTY COMMUNITY REDEVLOPMENT AGENCY
THIS AGREEMENT is made and entered into this';;:Q__ day of~ J::\ 2005,
by and between the Board of the Collier County Community Redevelopment Agency (the
"CRA Board," and David L. Jackson, as Executive Director, collectively, the Parties.
In consideration of the mutual eovenants herein contained, the Parties do agree as
follows:
1. APPOINTMEl\'T OF THE BAYSHORE/GATEWAY TRIANGLE
REDEVELOPMENT AREA EXECUTIVE DIRECTOR: Pursuant to an action
taken by the CRA Board at its meeting March 22, 2005, David L. Jackson
("Director") was selected to be the Executive Director of the Bayshore/Gateway
Triangle Redevelopment Area ("CR....."), retroactive to March 16,2005,
2. DUTIES: The Direetor shall perform the functions and duties tvoical of a
person in the position of a Director of a Community Redevelopment Agency.
a, Director shall act as the Chief Administrative Officer of the CRA,
reporting to and responsible to the CRA Board and be responsible for the
day-to-day implementation of CRA programs and activities including
CRA staff selection and supervision,
b, Director shall devote full time efforts to the CRA and its mission,
c, Director shall perform such other associated and legally required
duties and functions. as the CRA Board and CRA Advisory Board shall
direct.
d, Director agrees to perform all such functions and duties. faithfully,
competently, professionally and promptly to the best of Director's ability,
3, RESIGNATION: In the event Director voluntarily resigns his position
with the CRA Board, then Director shall give the CRA Board thirty (30) days
written notice in advance. unless the parties agree to waive such notice
requirement.
4, ANNUAL BASE SALARY: Director shall be paid for his services
rendered pursuant hereto at the rate of Eighty Eight Thousand Dollars ($88,000)
per year, payable in bi-weekly installments on the same dates as professional
employees of Collier County Government are paid,
5. SEVER.At~CE TEPJy1S Al'~D CO~rnITIONS: In the event Director is
terminated by CRA Board with or without cause within the first six (6) months
the CRA Board agrees that no severance pay shall be made to the director, After
Page I of3
-
!\genda Item No, 16G3
December 16, 2008
pagt q~
the first six (6) months, the CRA Board agrees to pay the direetor three (3)
months of the Director's base salary for termination without cause,
6, PERFORMANCE EVALUATION: After one vear of emolovment the
CRA Board agrees to review and evaluate the performance of the Director on an
annual basis prior to the CRA budget adoption. CRA Board shall provide Director
with a written summary statement of the findings of the Board and provide
adequate opportunity for Director to discuss his evaluation with the CRA Board.
Based upon said review and performance evaluation, Director's annual base
salary may be adjusted in an amendment to this agreement approved by the CRA
Board and Director.
7. BENEFIT PACKAGE: CRA Board agrees to provide comprehensive
benefit package for Director equal to that which is currently provided to
professional personnel of Collier County Government.
8. SICK. VACATION. PERSONAL AND HOLIDAY LEAVE: Director
shall accrue leave at the same frequency and with the same carryover and other
limitations, if any, as currently provided to personnel under the Collier County
Manager's Ageney Policies and Procedures. Director will receive a payout for all
accrued but unused vacation time consistent with the County Manager's Policies
and Procedures regarding payment of benefits at separation.
9, DUES AND SUBSCRIPTIONS: CRA Board agrees to oav for the
reasonable and eustomary professional dues and subscriptions of Director
necessary for his continued professional participation, growth and advancement,
including national and state professional organizations,
10. PROFESSIONAL DEVELOPMENT: CRA Board agrees to pay the
reasonable and customary travel and subsistence expenses (in accordance with
applicable Florida law), for Director and his staffs travel and attendance at any
meetings and conferences, whieh the CRA Board shall approve,
I L AUTOMOBILE: Director shall receive an automobile mileage
reimbursement, payable at the end of each month consistent with the policies
followed by Collier County for its employees,
12. GENERAL PROVISIONS:
a, The provisions of this Agreement constitute the entire
understanding between the parties, Only the representations and
understandings contained herein shall be binding upon the CRA Board and
the Director. No other representations or understandings are hinding on
the CRA Board and the Director unless contained in a subsequent, duly
adopted and executed written Amendment to this Agreement.
Page 2 of3
"'"'_-j"..'._.m_.__*
,';genda item ~,Jo. 16G3
December 1 Ej20cp, A
Page -;};f lit
b, This Agreement shall be eonstrued and administered in aecordanee
with Florida and any other applicable law.
13" SEVERABILITY: Should any provision of the Agreement be declared by
a court of competent jurisdiction to be invalid, the same shall not effect the
validity of the Agreement as a whole. or any part thereof, other than the part
declared to be valid.
14. EFFECTIVE DATE OF THIS AGREEMENT: This Agreement shall
become effective upon execution by both Parties and as otherwise stated in
Paragraph 1.
IN WITNESS WHEREOF, the Collier County Community Redevelopment
Agency, County of Collier, State of Florida, has caused this Agreement to be signed and
executed on its behalf by its Chair, and duly attested to by its Clerk and approved as to
form and legal sufficiency by the CRA Board General Counsel, and the Director has
signed and executed this Agreement, that day and year first written.
COLLIER COlJNTY
COMMUNITY REDEVELOPMENT AGENCY
BY: MW.~
fQcD w. \P"tE ' CHAIR
AGREED TO AND ACCEPTED
BY THE EXECUTIVEDlRECTOR:
Approved as to form and
al sufficieney:
Patrick G, White
Assistant County Attorney
Item #
1%
Agenda S-ZZ-65
Date
Page 3 of3
Date 3-~-0S"
Rec'd
,.In '~,
1~'KU'1 I
uty Clerk
KlatzkowJeff
Agenda Item No, 16G3
December 16, 2008
Page 'i3 of 24
From:
Sent:
To:
Subject:
PhillippiPenny
Saturday. December 06. 2008 5:58 AM
KlatzkowJeff
CRA Performance Evaluation
Me. Klatzow.
At your request, I am responding in referenee to the agenda item you have prepared for the CRA Board to adopt a
performance evaluation process for the Executive Directors, David Jackson and I have diseussed the process at length
and have no further concerns about it.
Thank you.
Penny
Penny Philiippi, Executive Director
Immokalee Local Redevelopment Advisory Board
Collier County Community Redevelopment Agency
310 Alachua Street
Immokalee. FL 34142
PennVPh illippi@Collierqov,net
Page] of3
Agenda item No. 16G3
Dec'2mber 16. 2008
Page 14 of 24
NeetVirginia
From: JacksonDavld
Sent: Tuesday, November 18, 2008 2:44 PM
To: KlatzkowJeff
Subject: RE: CEA ED Evaluations
OK w/me.
David Jackson
Executive Director
Bayshore Gateway Triangie CRA
239-643-1115
www.colliercra.com
From: KlatzkowJeff
Sent: Tuesday, November 18, 2008 2:41 PM
To: JacksonDavid; Phillippipenny
Subject: FW: CEA ED Evaluations
How about this approach:
4. The Executive Director will then forward both the individual Commissioner's evaluation and the CRA Advisor
Committee's evaluation to the CRA Board as a regular agenda item on or about the second meeting date in Januar
together with the CRA Executive Director's personal evaluation.
5. The CRA Board, sitting as a whole, will then make the required performance evaluation, determine the
individual merit awards, and approve the respective Executive Director's goals, objectives and projects for the
following 12 month period. Each individual Commissioner's vote shall be based upon a review of the representing
Commissioner's recommendation, the CRA Advisory Committee's recommendation, the CRA Director personal
evaluation, as well as the individual Commissioner's personal evaluation
From: Jackson David
Sent: Tue 11/18/2008 2:29 PM
To: KlatzkowJeff
Subject: RE: CEA ED Evaluations
Jeff & Penny, I have attached the original executive summary and resolution in ~trihetnra"~R undElrlin.El track changes.
Basically I inserted date-certain milestones so there wasn't any ambiguity in the process. Penny & I will work on forms and format.
David Jackson
Executive Director
Bayshore Gateway Triangle CRA
239-643-1115
www.colliercra.com
From: KlatzkowJeff
Sent: Tuesday, November 18, 2008 11:58 AM
To: Jackson David; Phillippipenny
Subject: RE: CEA ED Evaluations
12/8/2008
Page 2 00
Agenda Item No. 16G3
December 16. 2008
Page 15 of24
..1he Board is expecting me to get back to them at the 12/2 meeting.
"eff Klatzkow
From: JacksonDavid
Sent: Mon 11/17/2008 12:03 PM
To: KlatzkowJeff; PhillippiPenny
Subject: RE: CEA ED Evaluations
Hi Jeff,
Penny & I discussed some options and considerations. We will get back with you soon with a collaborative response.
Thanks for understanding,
David Jackson
Executive Director
Bayshore Gateway Triangle CRA
239-643-1115
www.colliercra.com
From: KlatzkowJeff
Sent: Friday, November 14, 2008 9:43 AM
To: JacksonDavid; PhillippiPenny
Subject: RE: CEA ED Evaluations
David & Penny:
vo issnes:
1. With respect to the performance evaluation and merit pay, please feel free to modify my proposal. As you
can see in the Executive Summary, I am not submitting anything that is not agreeable to botb of you.
2. I bave no issue witb working witb you to create a set of CRA by-laws for tbe Board's consideration. Before
we spend any time on this, I would suggest going to the Board by Executive Summary (on consent)
recommending that a proposed set of bylaws be prepared for their review.
Jeffrey A. K1atzkow
County Attorney
(239) 252-8400
From: Jackson David
Sent: Thursday, November 13, 20085:18 PM
To: KlatzkowJeff; Phillippipenny
Subject: CEA ED Evaluations
Jeff, I offer the following suggestions for your consideration:
]. eRA Resolution 2001-98 established the CRA Board and by-laws.
--~. The CRA does not have a codified set of CRA policies in which to operate or dictate procedures.
J. Since the eRA is "a separate and distinct governrnentai body" shouldn't they have their CRA~specific poiicies set forth in a
12/8/2008
Page 3 of3
Agenda Item No. 16G3
December t 6, 2008
Page 16 of 24
resolution - as an exhibit or attachment that can be easily modified to meet local requirements? Right now there isn't a
legal document that states eRA can use the following:
a. Purchasing - eRA use BCe Purchasing Dept & Purchasing Policy (vaguely stated in one doc)
b. Legal - Use BCC legal services (none)
c. Personnel- Use eounty Mgr CMA policies, except as modified (recently approved by a Reso)
d. Pay and Benefits - Use BCC HR services (none)
e, Executive Director evaluation procedures (subject of this mail)
f. Financial Audit - Bee auditing services & Clerks accounting services (done in an agreement [MOA])
g, Others that I haven't though of at this moment
What I am suggesting is one Resolution be approved that creates the "CRA Policy" and ties up all the above (and possibly more)
in one document - that can be easily modified to meet the current needs.
If you do not want to go that route, I suggest that this ExSum and Reso for ED Evaluations include a "date certain" for the event to
happen. Because they asked for goals and a review of past performance to determine Merit Pay, I suggest that the evaluation
occurs in January when the eRA delivers its annual report to the BeC, and presents the goals & objectives for the next 12
months. The other option would be to separate the two items into two "date certain" events and do the evaluation and merit award
in September-October for the new fiscal year, and do the goals & objectives in January when the CRA annual report is delivered.
I have not discussed this with Penny, so she may want to weigh in on these suggestions.
David Jackson
Executive Director
Bayshore Gateway Triangle CRA
239-643-1115
www.colliercra.com
From: KlatzkowJeff
Sent: Thursday, November 13, 2008 12:10 PM
To: JacksonDavid; PhillippiPenny
Subject: FW:
Please review the attached proposed Executive Director performance evaluation policy and give me your
feedhack.
Jeffrey A. K1atzkow
County Attorney
(239) 252-8400
From: NeetVirginia
Sent: Thursday, November 13, 2008 11:52 AM
To: KlatzkowJeff
Subject:
See attached
Dinny
12/8/2008
Agenda item No. 16G3
December 16, 2008
Page 17 of 24
October 28, 2008
BOARD FOR APPROVAL - APPROVED
That brings us to paragraph 14, 14A. It's a recommendation for
the Board of County Commissioners Redevelopment Agency to reject
the Wachovia Bank bid number 07-4177 for a $9 million credit to give
direction to the Bayshore Gateway Triangle CRA Executive Director
to coordinate with all appropriate entities to secure and structure a new
loan from a commercial lender selected via RFP to purchase certain
real property within the Bayshore Gateway Triangle CRA; to
authorize the executive director to negotiate real estate contracts in the
CRA area and return to the CRA Board for approval.
Mr. David Jackson, your executive director of the Bayshore
Gateway Triangle CRA, will present.
COMMISSIONER FIALA: Motion to approve,
COMMISSIONER COYLE: Second.
COMMISSIONER HALAS: Second,
CHAIRMAN HENNING: Motion by Commissioner Fiala to
approve staffs recommendations, second by Commissioner Halas.
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye,
COMMISSIONER HALAS: Aye,
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
MR. MUDD: Doing really good, David.
Item #14B
COMMUNITY REDEVELOPMENT AGENCY FY2008 ANNUAL
Pa-e ,.,,,,,
I;; ,,;,,),)
.,....---
JVJenda Item No. 16G3
- December 16. 2008
Page 18 of 24
October 28, 2008
PERFORMANCE APPRAISAL REVIEW FOR THE BA YSHORE
GA TEW A Y TRIANGLE CRA EXECUTIVE DIRECTOR -
APPROVED
Brings us to 14B. It is a Community Redevelopment Agency,
FY -2008 annual performance appraisal review for the Bayshore
Gateway Triangle CRA Executive Director.
In this partieular item, he put it on the consent agenda and I
pulled it on the regular agenda. He's basieally saying that the COLA
the board is going to give is sufficient and he's not asking for any kind
of merit raise because of the financial situation in the budget
reductions that we've basically done, But I did want to give this board
an opportunity to at least tell him what a good job he did last year.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes. First of all, please forgive -- I
had such low scores, but it wasn't really low scores. I thought you
were doing outstanding, I just don't grade very high. And so please
forgive me. It wasn't you.
I want to tell you, you've done an outstanding job, and better than
we could have ever hoped for, and I appreciate all of the help that
you've given to the Immokalee CRA as well. You've helped then,
guided me, Penny has said that she's really depended on you to help
her through this learning phase.
Everything that you've done -- David, I don't have an objection or
a complaint about anything, and I think that all you've asked for is
COLA. But, boy, we sure owe you a lot more. Thank you.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: I agree, I don't know why she
didn't rate you higher. She rates -- most of her other ratings that she
does on people are a lot higher than that. I think what she did, she got
three and one mixed up. She didn't know which was the highest.
But nevertheless, you do a good job. We've struggled with that
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Agenda Item No. 16G3
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redevelopment for a long, long time, and it has been so much better
since you've come aboard, and we appreciate your efforts, and we
hope you keep at it.
MR. JACKSON : Yes, sir. And thank you for the good words.
The only thing I would like to do is invite each of the commissioners
to come down to the area and take a tour. We've only had one
commissioner come down and visit with us, I think it's worth your
time to put --
CHAIRMAN HENNING: I go to Del's all the time.
MR. JACKSON: Stop in the office, sir. We'd like to talk to you.
But you're more than welcome to. The area is improving, and it is
going to get a lot better. And now with the approval of the previous
item, we'll be coming back to you with some more items to talk about
with board discussion, so it looks like things are going to be getting
better here shortly.
COMMISSIONER COYLE: And now, where is that place
you're talking about?
MR. JACKSON: We've -- the new office that we've located in is
on 4069 Bayshore Drive. It's just north of the East Naples Fire Station
on Bayshore Drive and almost diagonal from Windstar and Morehead
Manor. Those two residential projects that were across the street.
COMMISSIONER COYLE: So anybody who wants to find out
what's happening in the Bayshore area or the mini-triangle area should
stop in there and talk with you.
MR. JACKSON: They do all the time.
COMMISSIONER COLETTA: Or call Donna Fiala.
COMMISSIONER COYLE: No. I'd rather them to get accurate
information.
COMMISSIONER FIALA: Thanks, Buddy. Motion to approve.
COMMISSIONER COYLE: Second.
CHAIRMAN HENNING: Motion to approve the
reeommendation by Commissioner Fiala, second by Commissioner
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October 28, 2008
Coyle.
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAlRMAN HENNING: Thank you.
Before you go, Mr. Jackson.
MR. JACKSON: Yes, sir.
CHAIRMAN HENNING: I don't know why -- personally why
we're grading you, I think -- I mean, I had to really stretch to
understand and -- what's going on down there. I don't have time to do
that. And we don't do it for the airport director, who is under contract.
We don't do it for the CRA director for Immokalee. I don't want to
have to grade it anymore. I just want to see what my other colleagues
think.
COMMISSIONER COLETTA: Good point.
COMMISSIONER FIALA: Yeah.
COMMISSIONER COYLE: Well, why -- you know, there's a
couple ways of handling that. One is to let the eommissioner in the
district grade him, and that would mean that Commissioner Coletta
would do the grading for the Immokalee CRA,
But it is good, I think, for the employee to get some feedback and
to detennine how he or she is doing. But I also understand the
difficulty; if there are commissioners who don't have a CRA in their
distriet, they don't have an opportunity to participate to a large degree.
How do they have a basis for evaluating except for just the few times
you eome and appear before us?
I think everybody here is happy with what you've done, but how
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October 28, 2008
many of us could really say -- could really recite all of the
accomplishments that you've had over the time you've been here?
So Commissioner Henning's concerns, I think, are well-founded.
But if you wanted to have Commissioner Fiala and I do this, I mean,
she's been involved in this area for such a long time, before I was, and
she's stayed active in it, and I have no problem with that either,
But it is in my district, and I think if we're going to do the
evaluating and if the other commissioners feel that they don't have the
time or the information to do it, I think the two of us could do that.
COMMISSIONER FIALA: Sure. And I think what we would
want to really do is hear from the advisory committee who works with
them all the time,
COMMISSIONER COYLE: Sure. Get their recommendations.
That's important.
CHAIRMAN HENNING: I -- just to task the County Attorney
to take a look at those agreements and see if we can do that. If there's
-- if there's a problem or ifthere's something that we need to
memorialize through a resolution, let's go ahead and do that, the
commissioner of the district, to --
COMMISSIONER FIALA; There's actually two of us, because
I've got the triangle, He's got Bayshore, so --
COMMISSIONER COYLE: And Commissioner Henning, could
I ask a question about that? Now, we -- I'm not suggesting that the
board delegate responsibility to Commissioner Fiala and me to adjust
the salary or anything of that nature with respect to Mr, Jackson. That
is a ftmction of the entire board and should be decided by the majority
of the board.
But if we're talking about recurring evaluations and direct
feedback to Mr. Jackson, then I don't have a problem sharing that with
Commissioner Fiala,
CHAIRMAN HENNING: Okay, And Jeff, if you could just
send us an emaiL
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October 28,2008
MR. KLATZKOW: I've just written that.
CHAIRMAN HENNING: Okay.
MR. JACKSON: That's fine,
CHAIRMAN HENNING: Thank you. I mean, I sat there with
your -- I went through your evaluation, I think, four times, and
figuring out, how can I give you good feedback, you know, positive or
constructive feedback. It was very difficult.
MR. JACKSON: Correct. When you're not totally involved with
the area and real familiar to it -- I have no problem with
recommendations with the two eommissioners that -- whose district I
work inside of. They can work up an evaluation and bring it back to
the board.
And then the -- if there is an annual merit award, if there ever
gets around to that again, the economy does recover, then the board
can approve that based on their recommendation.
CHAIRMAN HENNING: Right.
MR. JACKSON: It's easily done, and I think I can work with the
County Attorney, and it's a simple amendment, if needed.
CHAIRMAN HENNING: Can I say one other thing? Can you
work with the two commissioners and set out some goals for the next
year, maybe two years? I mean, you might have projeets even last
longer and kind of lay that out. Maybe you can do a performance
evaluation of that.
MR. JACKSON: Yes, sir.
COMMISSIONER COLETTA: I'd like the same opportunity to
work with Penny Phillippi, Immokalee CRA, also through their board.
CHAIRMAN HENNING: Okay. And develop a performance
evaluation?
COMMISSIONER COLETTA: Yeah, be happy to,
CHAIRMAN HENNING: Great.
COMMISSIONER COLETTA: May I -- I'm sorry. I didn't
mean to interrupt, but may I -- possibly to get some assistance from
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October 28, 2008
personnel with the county to make sure that we're heading in the right
direction with our evaluation procedure?
CHAIRMAN HENNING: You can ask the County Manager.
MR. MUDD: No. Well, you've just asked the County Attorney
in a previous issue to take a look at agreements and see ifhe could
find some way to take a look and ifhe could get some consistency
between the two.
It's always better to have an odd number of people -- and I'm not
talking about odd in a different sense, I'm talking about, you know,
three, five, seven, nine, that kind of odd, to rate somebody, because if
you get one person that has an extreme dislike and then you have
another one that has an extreme like, then you're coming back to the
Board of County Commissioners with, I like this person or I really
don't like this person, now what do you do? And it's always good to
maybe have a third.
So if you're talking about, you have a subcommittee and the
subcommittee, I believe, has a chairman to it.
COMMISSIONER FIALA: You mean the advisory board?
MR. MUDD: Yes, ma'am.
COMMISSIONER FIALA: Yes, they do.
MR. MUDD: You might want to include that chairperson for
that year as somebody that letter inputs or maybe rates, and this way it
would give you the odd. You'd have three instead of two. I'm not
saying that two commissioners ean't do it, but you can't do it talking to
each other. That's my -- that's the particular issue.
COMMISSIONER COLETTA: That's right.
COMMISSIONER FIALA: Good point.
MR. MUDD: It might be something to think about to add some
consistency.
CHAIRMAN HENNING: Okay.
COMMISSIONER COYLE: That would mean Commissioner
Fiala would be the odd person.
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,';genda Item No. 16G3
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COMMISSIONER FIALA: No, you are already odd.
CHAIRMAN HENNING: Number one is an odd number,
COMMISSIONER FIALA: We say that only because we like
one other.
CHAIRMAN HENNING: Now we go into staffs
communications.
COMMISSIONER FIALA: Well, do we have to vote on that or
did we?
CHAIRMAN HENNING: No, it's just direction,
COMMISSIONER FIALA: Okay.
MR. MUDD: Mr. Klatzkow's going to come back and--
COMMISSIONER FIALA: Did we vote --
MR. MUDD: Yeah, you voted on that, yes, ma'am. It went 5-0.
COMMISSIONER FIALA: Okay, thank you, I forgot already.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. MUDD: The only thing I have on communications, number
one, based on board direction, as far as the pro forma and things like
that, the marina and Port of the Isles. Staff has done a good job
collecting that information, and now I'm, in the next week or so, I'm
going to be in negotiations with the owners to try to get an agreement,
something that is within current prices of what's going on out there to
bring something back to the Board of County Commissioners,
The next item is -- I had Mr. Sheffield write you a memo on the
20th of October to talk about impact fee indexing discussions with the
Productivity Committee, I don't know if you had an opportunity to
read that, but I wanted to make sure that you knew about it and to get
some direction from the board.
You've got a requirement in your ordinances that we come back
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