HomeMy WebLinkAbout2009-02-04 CRA Board Regular Meeting Agenda Packet Addendum ADDENDUM
COMMUNITY REDEVELOPMENT AGENCY
REGULAR MEETING
WEDNESDAY, FEBRUARY 4, 2009 - 6:00 P.M.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS
MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE
THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE BASED.
LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY
PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO
ORDINANCE NO. 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION
CENTER.
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN
ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD, DANIA
BEACH,FL 33004,(954)924-6800 EXT.3624,AT LEAST 48 HOURS PRIOR TO THE MEETING.
IN CONSIDERATION OF OTHERS,WE ASK THAT YOU:
A. PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL,PLEASE STEP OUT INTO
THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING.
B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE,PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM,IN
ORDER NOT TO INTERRUPT THE MEETING.
7. CRA Executive Director Contract
8. RESOLUTION 42009-CRA-001
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, COMMUNITY
REDEVELOPMENT AGENCY (CRA) AUTHORIZING THE PROPER COMMUNITY
REDEVELOPMENT AGENCY OFFICIALS TO EXECUTE A SECOND AMENDMENT TO
THE INTERLOCAL AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH,
THE COMMUNITY REDEVELOPMENT AGENCY AND BROWARD COUNTY,
PERTAINING TO COUNTY FUNDING OF INFRASTRUCTURE IMPROVEMENTS
PROPOSED FOR THE DANIA BEACH CRA AREA; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
9. RESOLUTION 42009-CRA-002
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, COMMUNITY
REDEVELOPMENT AGENCY (CRA) AUTHORIZING THE PROPER COMMUNITY
REDEVELOPMENT AGENCY OFFICIALS TO EXECUTE A THIRD AMENDMENT TO
THE INTERLOCAL AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH,
THE COMMUNITY REDEVELOPMENT AGENCY AND BROWARD COUNTY,
PERTAINING TO COUNTY FUNDING OF INFRASTRUCTURE IMPROVEMENTS
PROPOSED FOR THE DANIA BEACH CRA AREA; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
CITY OF DANIA BEACH
MEMORANDUM
TO: City Commission
CC: Colin Donnelly, Acting City Manager
Patty Varney, Finance Director
FROM: Thomas J. Ansbro, Esquire
DATE: February 4, 2009
RE: CRA Director Contract
As directed by the Board, I prepared a three year Contract, with a $100,000.00 per
year salary. Jeremy has proposed several changes to his Contract (copy attached). The most
significant are:
1.) Page 1, new Paragraph 2.1.1: He proposed to be authorized to accept outside
"limited teaching, consulting or other business opportunities" (please see the paragraph for the
complete provision).
2.) Page 2, Paragraph 3.1: He proposes a termination for cause provision with a
majority vote, and for without cause, a "super majority" (4 votes). He also added a sentence
that if he is terminated, he could request a public hearing.
3.) Page 2, Paragraph 3.2: He proposes that if terminated without cause, that he be
paid three months of severance, which converts to four (4) months the second year and five (5)
months the third year.
4.) Pages 5-6, Paragraph 12.2: He proposes a new list of services to be performed,
with a preliminary statement that he "shall endeavor to perform the services". I added item
ten as to his pursuit of funding sources identified in the Mellgren Planning Group plan
outlined to you at your January 22, 2009 Board meeting.
Attachment
EMPLOYMENT AGREEMENT
COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE DIRECTOR
THIS IS AN EMPLOYMENT AGREEMENT (the "Agreement") entered into on
, 2009, between THE BOARD OF COMMISSIONERS (the Board") OF
THE CITY OF DANIA BEACH, FLORIDA COMMUNITY REDEVELOPMENT AGENCY
("CRA"), and JEREMY EARLE, an individual (the " Executive Director"), jointly referred
to as "the Parties".
WHEREAS, the Board desires to continue to employ the Executive Director to serve
as the CRA Executive Director pursuant to Section 163.356(3)(c), Florida Statutes; and
WHEREAS, the Executive Director desires to accept such employment; and
WHEREAS, the parties desire to set forth in writing in this Agreement the terms of
employment with the Board;
In consideration of the mutual covenants, terms and conditions contained in this
Agreement, and other good and valuable consideration, the adequacy and receipt of which are
acknowledged, the parties agree as follows:
Section 1. Duties of the Executive Director.
Executive Director is employed by and reports to the Board and is to perform the
functions and duties specified in the job description (attached as " Exhibit One") to the best of
his ability with the resources available and to undertake such duties outlined in Section 12.2
and as otherwise prescribed by the Board from time to time.
Section 2. Term.
2.1. Executive Director agrees to remain in the exclusive employ of Board from the date of
complete execution of this Agreement for a period of three (3) years (the "Term" of
employment), and Executive Director agrees neither to accept other employment nor to
become employed by any other employer until such termination date, unless the termination
date is altered as provided below.
2.1.1 The employment provided by this Agreement shall be the Employee's sole
employment. Recognizing that certain outside consulting or teaching opportunities provide
indirect benefits to the Employer and the community, the Executive Director may elect to
accept limited teaching, consulting or other business opportunities with the understanding that
such arrangements shall not constitute interference with nor a conflict of interest with his
responsibility under this Agreement.
2.2. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of
the Board to terminate the services of Executive Director at any time, subject only to
compliance with the provisions set forth in Section 3 of this Agreement. It is understood
between the parties to this Agreement that Executive Director shall be considered an "at will"
employee, subject, however, to the terms of this Agreement.
2.3 Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of
the Executive Director to resign at any time from the position with the Board, subject only to
compliance with the provisions set forth in Section 4 of this Agreement.
2.4 Upon completion of the term described in 2.1 above, the agreement and terms may be
renewed or revised with mutual approval and acceptance by both the Board and Executive
Director.
Section 3. Termination.
3.1 The Board may terminate the employment of Executive Director without cause
at any time, with or without any reason or reasons given. Termination of the Executive
Director with cause requires a majority vote (three votes) and termination of the Executive
Director without cause requires a "supermajorit y" vote (Four votes). The CRA Board agrees
to afford the Executive Director a public hearing regarding the termination, if he requests it.
3.2 In the event the Executive Director is terminated without cause by the Board
before the expiration of the term of employment as set forth in Paragraph 2.1 of this
Agreement, and during such time the Executive Director is willing and able to perform the
duties under this Agreement, then in that event Board agrees Executive Director shall be
compensated for all earned and accrued sick leave and vacation leave in accordance with City
policy and shall receive one month of severance pay (equivalent to one month of base salary)
upon receipt of all issued City property.
Section 4. Resignation. In the event Executive Director voluntarily resigns the
position with Board before expiration of the Term of employment, then Executive Director
shall provide the Board with at least one (1) month's written notice in advance, unless the
parties agree in writing otherwise. In the event of resignation by the Executive Director under
this Section, the Board shall pay Executive Director all earned and accrued sick and vacation
leave calculated at the rate of pay in effect upon the date of the resignation; providing
Executive Director has given proper notice as stated. Executive Director understands and
agrees that a resignation without notice will result in non-payment of earned accruals by the
Board.
Section 5. Salary
5.1 The Executive Director shall receive, retroactive to January 23, 2009, an annual
base salary of $100,000 payable in accordance with the same payment procedures for
Department Heads of the City of Dania Beach, Florida ("City").
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5.2 The Executive Director is not and shall not be considered an employee of the
City. The Executive Director shall not be covered by the City's Civil Service System and City
rules and regulations and shall have no rights under them.
5.3 The Executive Director will receive a performance evaluation from the Board
on or about the anniversary date of the term of this Agreement and if favorable, will be entitled
to a merit increase, which evaluation and increase will be consistent with City policy. Nothing
in this Section shall limit the ability of the Board to evaluate the performance of the Executive
Director more frequently.
Section 6. Hours of Work.
6.1 It is recognized that Executive Director must devote some time outside of
normal office hours to business of the Board, and to that end the Executive Director will be
allowed flexibility in maintaining office hours consistent with his responsibility as a
professional.
Section 7. Benefits.
As an employee of the Board, which operates under the same federal ID number as the
City, Executive Director will be eligible for health and pension benefits made available to City
employees.
Section 8. Professional Development.
8.1 Board agrees to pay the professional dues, memberships, subscriptions, travel
expenses of Executive Director for professional participation in meetings and conferences
associated with his employment and professional development. Travel must be requested in
advance and approved consistent with the policy of the City.
Section 9. General Expenses.
9.1 The Finance Director of the City or designee is authorized to disburse funds
from the appropriate Board account in the amount of $500.00 per month, on the same date as
monthly expense allowance funds are disbursed to City Department Heads for use by the
Executive Director for personal expenses associated with his employment.
Section 10. Paid Leave
10.1 Executive Director shall accrue 4.62 hours of vacation per pay period and is
subject to the same accrual provisions as City Department Heads.
10.2 Executive Director shall accrue 8 hours of sick leave per month and is subject to
the same accrual provisions as City Department Heads.
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10.3 Executive Director shall be entitled to "personal" days subject to the same
accrual provisions as City Department Heads.
10.4 Executive Director shall be entitled to paid holidays in accordance with City
policy for full time employees.
Section 11. Conflict of Interest Prohibition.
11.1 Executive Director shall not, without the express prior written approval of the
Board, individually, or as a partner, joint venturer, officer, shareholder or any other similar
position of any kind or nature whatsoever, invest or participate in any business venture which
conducts or intends to conduct business within the corporate limits of the City, except for stock
ownership in any company, the capital stock of which is publicly held and regularly traded.
11.2 Except for purchase of a personal residence, Executive Director shall not own
or invest in any real property within the corporate limits of the City, without prior notification
to and advance written approval by the Board, which approval may be withheld by the Board
in its sole discretion.
Section 12. Other Terms and Conditions of Employment.
12.1 The Board, in consultation with the Executive Director shall fix any such other
terms and conditions of employment as the Board may determine from time to time, relating to
the performance of Executive Director, provided such terms and conditions are not inconsistent
with or in conflict with the provisions of this Agreement, or any other law.
12.2 During the first year of this Agreement the Executive Director shall endeavor to
perform the services listed below:
1. Continue to work with both Broward County and City Staff in order to secure the
funding necessary to construct a parking structure that will service the new Broward
County Library, City Hall and downtown businesses.
2. Develop and present to the Board for its adoption, certain policies and procedures
for the operation of the CRA. These policies might include but are not limited to: a
downtown fagade improvement policy, new signage guidelines for the CRA,
relocation policy, and affordable housing policies as required by State Statute.
3. Develop and present to the Board an operational budget for the CRA for fiscal year
2010 which takes into account the amount of work necessary in order to implement
the CRA Redevelopment Plan.
4. Work closely with the City Manager and staff to create non monetary incentives
that will encourage development within the City of Dania Beach.
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5. Identify, meet, negotiate with and work hand in hand with commercial and housing
developers and financiers on an ongoing basis in order to market the opportunities
available within City and encourage the creation of new developments within the
City.
6. Work closely with City planning staff to formulate and implement zoning and land
use changes as outlined in the CRA Redevelopment Plan
7. Meet with community groups and businesses on an ongoing basis in order to solicit
their input on matters of development and redevelopment within the CRA.
8. Identify and pursue grants, loans and other resources that will aid the CRA in the
implementation of the CRA Redevelopment Plan.
9. Create CRA Incentive programs that might includ but are not limited to: business
development, fagade improvement, housing rehabilitation.
10. Actively pursue funding sources, mechanisms and opportunities as identified in the
Redevelopment Plan prepared by the Mellgren Planning Group and conceptually
approved by the Board at its January 22, 2009 Board meeting.
12.3 In order to enhance the ability of the CRA to create the type of redevelopment
that it desires and to leverage resources that are currently available, the CRA shall,
during the tenure of the Executive Director, join if it has not already done so, the
Florida Community Development Association, Florida Economic Development
Council, and the Florida Housing Coalition, subject to funding availability.
Section 13. General Provisions.
13.1 This Agreement contains the complete understanding of the parties and
supercedes any oral statements or representations made by the parties. This Agreement shall
not be amended unless the same formality is observed as was used in the formation of this
Agreement.
13.2 The rights and obligations granted in this Agreement are personal in nature and
cannot be transferred or assigned by the Executive Director.
13.3 This Agreement shall become effective upon complete execution by both parties.
13.4 If any provision or any portion of this Agreement is held unconstitutional,
invalid or unenforceable, the remainder of this Agreement or unaffected portions of it shall not
be affected and shall remain in full force and effect.
13.5 This Agreement shall be governed by Florida law and venue for any litigation
arising from this Agreement shall be in Broward County, Florida.
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13.6 In any litigation arising out of the terms of this Agreement, each shall bear its
own attorney fees and costs.
13.7 Executive Director and Board each had assistance of legal counsel or the
opportunity and means to retain such assistance in connection with the preparation and review
of the terms of this Agreement and none of its provisions shall be construed more strictly
against one party or the other, since the Parties mutually negotiated the terms of this
Agreement and it was prepared in writing accordingly.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the
day and year first above written.
BOARD OF COMMISSIONERS OF THE
COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF DANIA
BEACH, FLORIDA
BY:
ALBERT C. JONES, as Board
Chairperson
ATTEST:
BY:
LOUISE STILSON, Clerk of the Board
APPROVED AS TO LEGAL SUFFICIENCY:
BY:
THOMAS J. ANSBRO, Board Attorney
Signed, sealed and delivered EXECUTIVE DIRECTOR
in the presence of the following witnesses:
PRINT NAME Signature
Signature PRINT NAME
PRINT NAME
6
r
ure
E OF FLORIDA
TY OF BROWARD
The foregoing instrument was acknowledged before me on 2009, by
MY EARLE, who is personally known to me or has produced
ntification and did (did not) take an oath. Notary Public, State of Florida
ommission Expires:
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EXHIBIT ONE
CLASSIFICATION TITLE: Redevelopment Executive Director FLSA Status: Exempt
REPORTS TO: CRA Board Union Status: Not Eligible
WORK OBJECTIVE
This position involves responsibility for development and re-development principally
within the CRA district including strategic planning, aggressive solicitation and coordination
with developers, investors and business persons. Position serves as a liaison to developers and
business representatives in the CRA district.
ESSENTIAL FUNCTIONS
The list of essential functions, as outlined herein, is intended to be representative of the
tasks performed within this classification. It is not necessarily descriptive of any one
position in the class. The omission of an essential function does not preclude
management from assigning duties not listed herein if such duties are a logical
assignment to the position.
• Facilitates real estate development and investment projects through contact with
developers, financiers, and businesses about opportunities in the City.
• Analyzes situations and prepares recommendations for potential projects and
appropriate participants.
• Identifies appropriate redevelopment/economic development assistance needed by
the private sector including marketing, business establishment/promotion, and
financial assistance.
• Provides assistance and guidance to developers, businesses and property owners
working with the City or other governments.
• Maintains an updated file of property owners, business owners, brokers,
developers, corporate representatives, etc.
• Participates in the development and implementation of revitalization policies and
procedures.
• Recommends changes to the revitalization process and long-term goals.
• Coordinates redevelopment and economic development activities with other City
Departments as well as outside agencies.
• Assists Finance Department in arranging and facilitating any incentive financing,
bonds, real estate packages, and land development packages.
• Presents issues and updates monthly to City management and the Community
Redevelopment Agency Board (City Commission.)
• Establishes processes and procedures which add value to the customer; review
policies, legislation, existing processes and procedures to determine where
improvement can be made.
• Performs related duties as directed when such duties are a logical and appropriate
assignment to the position.
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MINIMUM QUALIFICATIONS
Requires a bachelors degree in Urban Planning, Economic Development, Public
Administration or Business Administration with a minimum of five years experience in political
environments, real estate development, CRA related development, transportation planning,
project financing, public finance and statistical analysis. Must possess a valid Florida Driver's
License in good standing.
Knowledge of laws, ordinances, and codes dealing with redevelopment with emphasis on
Florida's Community Redevelopment Act. Familiarity with planning principals and practices as
applied to zoning, site planning and comprehensive planning and research & analysis methods.
Ability to communicate clearly and concisely, verbally and in writing to groups and individuals.
An ability to exercise sound judgment and take responsible actions as a City representative
during contact with the public, elected and appointed officials, developers, and other City
employees. Ability to establish and maintain effective working relationships with City staff. Use
of computers and full compliment of Microsoft Office software programs including, Excel,
Word, Outlook, PowerPoint, and Publisher.
PHYSICAL REQUIREMENTS
Must be physically able to operate various items of office related equipment, such as, but
not limited to, word processor, computer, calculator, multi-line telephone, typewriter, copier, and
facsimile machine, etc. Work involves sitting and standing for long periods. Work involves
frequent typing, walking and occasional bending, lifting and stooping. Must be able to lift and/or
cant'weights of up to ten pounds.
ENVIRONMENTAL REQUIREMENTS
The noise level in the work environment is usually moderate. Some jobs may require an
employee to be exposed to outside weather conditions, wet and/or humid conditions, and risk
of electrical shock.
The City of Dania Beach is an Equal Opportunity Employer. In compliance with Equal
Employment Opportunity guidelines and the Americans with Disabilities Act, the City of Dania
Beach provides reasonable accommodation to qualified individuals with disabilities and
encourages both prospective and current employees to discuss potential accommodations with the
employer.
I have read and understand this classification description and hereby certify that I am
qualified to perform this job, with or without reasonable accommodation.
JEREMY EARLE, Executive Director
Signature
Date
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0g
RESOLUTION NO. 2009-CRA-001
A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,COMMUNITY
REDEVELOPMENT AGENCY (CRA) AUTHORIZING THE PROPER
COMMUNITY REDEVELOPMENT AGENCY OFFICIALS TO EXECUTE A
SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT EXISTING
BETWEEN THE CITY OF DANIA BEACH, THE COMMUNITY
REDEVELOPMENT AGENCY AND BROWARD COUNTY,PERTAINING TO
COUNTY FUNDING OF INFRASTRUCTURE IMPROVEMENTS PROPOSED
FOR THE DANIA BEACH CRA AREA; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY OF DANIA BEACH,FLORIDA,COMMUNITY
REDEVELOPMENT AGENCY:
Section 1. That the Second Amendment to the Dania Beach Interlocal Agreement
existing between the City of Dania Beach, the City of Dania Beach Community Redevelopment
Agency(CRA) and Broward County,pertaining to County funding of infrastructure improvements
proposed for the Dania Beach Community Redevelopment Agency area, in substantial form as
Exhibit"A", attached, is approved and the proper CRA officials are authorized to execute it.
Section 2. That the CRA Executive Director and City Attorney are authorized to make
such changes, insertions and omissions and such filling in of blanks as are deemed necessary and
proper for the best interests of the CRA, as hereafter may be approved and made by the CRA
Executive Director,upon the advice of the City Attorney. The execution,attestation and deliveryof
the Second Amendment to the Dania Beach Interlocal Agreement, as described above, shall be
conclusive evidence of the CRA's approval of any such determinations, changes, insertions,
omissions or filling in of blanks.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon
passage and adoption.
PASSED AND ADOPTED on 2009.
ALBERT C. JONES - CHAIRMAN
COMMUNITY REDEVELOPMENT
AGENCY
ATTEST:
LOUISE STILSON,CMC
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS
BY:
THOMAS J. ANSBRO
CITY ATTORNEY
2 RESOLUTION#2009-CRA-_
Q* a
RESOLUTION NO. 2009-CRA-002
A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,COMMUNITY
REDEVELOPMENT AGENCY (CRA) AUTHORIZING THE PROPER
COMMUNITY REDEVELOPMENT AGENCY OFFICIALS TO EXECUTE A
THIRD AMENDMENT TO THE INTERLOCAL AGREEMENT EXISTING
BETWEEN THE CITY OF DANIA BEACH, THE COMMUNITY
REDEVELOPMENT AGENCY AND BROWARD COUNTY,PERTAINING TO
COUNTY FUNDING OF INFRASTRUCTURE IMPROVEMENTS PROPOSED
FOR THE DANIA BEACH CRA AREA; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY OF DANIA BEACH,FLORIDA,COMMUNITY
REDEVELOPMENT AGENCY:
Section 1. That the Third Amendment to the Dania Beach Interlocal Agreement existing
between the City of Dania Beach, the City of Dania Beach Community Redevelopment Agency
(CRA)and Broward County,pertaining to County funding of infrastructure improvements proposed
for the Dania Beach Community Redevelopment Agency area, in substantial form as Exhibit"A",
attached, is approved and the proper CRA officials are authorized to execute it.
Section 2. That the CPA Executive Director and City Attorney are authorized to make
such changes, insertions and omissions and such filling in of blanks as are deemed necessary and
proper for the best interests of the CRA, as hereafter may be approved and made by the CRA
Executive Director,upon the advice of the City Attorney. The execution,attestation and delivery of
the Third Amendment to the Dania Beach Interlocal Agreement, as described above, shall be
conclusive evidence of the CRA's approval of any such determinations, changes, insertions,
omissions or filling in of blanks.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon
passage and adoption.
PASSED AND ADOPTED on 2009.
ALBERT C. JONES - CHAIRMAN
COMMUNITY REDEVELOPMENT
AGENCY
ATTEST:
LOUISE STIISON,CMC
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS
BY:
THOMAS J. ANSBRO
CITY ATTORNEY
2 RESOLUTION#2009-CRA-002