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06-03-1996 - Joint CRA/DDB , , " , "";,' . , , " ' , , - I" . I . , . " '. '. ..' , ' . .: ,. . ", . - ..' ',", . , , .. ~." . " . ' ,; ~ ' ',' -r.. , .,'. .'," . . .',. .' . . , '. ',,' ," ~ ~ . ,,' l. /303 . .' ~\ f I \' I 1 . I \ , , I , \ f I \ ~ J \ ~ , .\ " \ . \ . I \ <.~'~I'. .;" '.,: """".":'~" ...".." h',,,, "," "~~,,,", '. . ,~, ~ ,',..'. _ .,.. ,', '.,.', .~.t. r., '~ City Commission and CRAIDDB Joint Meeting Agenda June 3, 1996, 5:30 PM, City Hall Chambers I. Legal Issues - Pam Akin II. Budget Issues - Ron Ricardo and Kathy S. Rice III., What Do We Hope to,Achieve? IV. Structure and Staffing V. Problems & Solutions VI. Where Do We Go From Here? '~ I \ { { . I I ' ,( 1 . , / ~ I \,' \ t ' COPIES TO: COMMIS~II')N MAY 2 fJ 1996 TO: FROM: RE: Honorable Mayr IIlnd City Commissioners Pamela K. Akin. City Attorney Merger of the Community Redevelopment Agency and the Downtown Development Board ..."(,..;),, CLERK I ATTORNEY DATE: May 21, 1996 The Commission asked whether the Community Redevelopment Agency (CRA) and the Downtown Development Board (DDB) can be merged into one body which has the authority and powers of both. Specifically, the Commission has asked whether a new body could be formed consisting of five members from the eRA and five members from the DDB which would then serve in both capacities. In order to provide a framework for understanding the issue, it is necessary to review briefly the authority for and structure of the DOB and the eRA. The legislature established the DDB by special act in Chapter 70-635 and subsequently amended it in 1975. In 19n. the Legislature made the special act an ordinance of the City of Clearwater by Chapter n --637. The act states in pertinent part that: rro further strengthen the concept of local home rule, on July i. 19n. the following special laws shall become ordinances of the county or municipality designated. subject to modification or repeal as are other ordinances. and such local laws shall stand repealed: (6) Chapters 70-S35 and 15-358. laws of Florida, relating to the Clearwater Downtown Board. City of Clearwater.1I Since that time the DDS has existed and operated pursuant to Section 2.141 through 2.156.. of the City of Clearwater Code of Ordinances. The DDB has authority to levy ad valorem' tax of up to one miRa The millage may be increased by vote of the freeholders within the DDB area. The board consists of seven members elected by the freeholders. In 1989. the legislature adopted the .Uniform Special District Accountabirlty Act of 1989.. The Act provides in part that a[A]li special districts. regardless of the exJstence of other more specific provisions of appracable law. shall comply with the aeation. dissolution and reporting requirements set forth in this chapter.... F.S. 189.4031 (1995). Consequently it appears that the City is constrained in amending the DDB ordinance only as it relates to creation. dissolution and state reporting requirements. . - ~, r I. I' , ' l \' \ I I . " I In 1969, the State adopted the Community Redevelopment Act. This act as subsequenUy amended, provides for the establishment of the CRA after finding a necessity by the govemlng body. The staMe allows the governing body to appoint not fewer than five nor more than seven members to sit as the CRA. Alternatively, the governing body may sit as the eRA. The members constitute a separate and distinct legal entity. A governing body which consists of five members may appoint two additional persons to the board. In addition, Section 163.357 permits delegation of the CRA powers to a downtown development board which was in existence as of July 1, 19n. In counties which adopted a home rule charter, the CRA powers are exercised by the county. However, the county may by resolution delegate the exercise of the powers to the municipality. In such case, the delegation shall confer only the powers upon the municipality as are specifically granted In the resolution. Because Pinellas County is and ,was a home rule county at the time the CRA was established, It was necessary that the county delegate the exercise of the CRA powers to the City. As a result, the City only has such powers as are specifically outf1ned in the resolution delegating authority to It. In Resolution No. 81-466, the County Commission designated the City Commission as the CRA. That resolution states in part that rrhe delegation of the powers and authority to conduct redevelopment activity shall extend to and by the sole responsibility of elected officials and that any further delegation by the City of Clearwater City Councfl is expressly prohibited.. . Since that time, the City Commissioners have been the eRA trustees. Considering the above, It is theoretIcaDy possible to merge the two boards. It appears that the City could amend the DDB' ordinance to provide that the DOB consists cI five elected freeholders and the five City CommIssJonere. eThan, pursuant to section 163.357 F.S., the DDS could be appointed as the eRA. While I recommend seeking approval or concurrence of PlnelJas County, it.is arguable that no such approval is required. It must be noted that this is 8 unique approach and has not to my knowledge been done before. If this direction Is taken and aubsequentty challenged, we risk invaHdatJon cI the ads taken by the CRAIDOB. In the event the Commission wishes to pursue this approach, there are several other Issues which must be researched and considered, such 8S the potential impact on eRA bonds and bonding ability. In summary under the current statutory schemes, it is arguably possible to combine the CRA and the DDB as described above to form one board which would exercise the power of both. In order to accomplish the merger described, it would be necessary to amend the DDB ordinance and it would be advisable to obtain approval of the County. PKA:jmp 2 <'.;- .'~ _~.:' ,'; ," .' f i. i,' 05/30/96 15:51 tl449 2889 CLWTR CHAMBER . !a1 002 CI CLEARWATER DOWNTOWN DEVELOPMENT BOARD May 199(j ~ Elise Ie. Wmtcn. Chairperson 600 Cleveland Sl) #940 Clearwater, FL 34615 442-3888 FAX: 443-0129 .)/ Dwight Matheny Standard Organizing Solutions 413 Cleveland St. Cearwatcr, FL 34615 461-9612 FAX: 443-6848 V<'Rogcr Woodruff Arnold &. AssociateS 121 N. Osceola Ave. Clearwater, FL 3461S-4031 442-7184 FAX: 449-2428 <<- David Stone, Vice-Chairperson President, Citizens Bank & Trust 1150 Cleveland St. Clearwater, FL 34615 447-7719 FAX: 443-~382 ~ Ronald M. Ricardo, Treasurer 33 N. Garden Ave., Suite 800 Cle8.lWater, FL 34615 446-3058 FAX: 441-1499 ~ Richard R. "Buzz" David Florida Power Co:rporation 908 Oevcland St. Oearwater, FL 34615 562-5611 FAX: 442-6275 v< Olenn Warren President, Tack & Warren Services 806 Pierce St. Ceanvater. FL 34616 461-5014 FAX: 461-6967 ..... EX-OFFICIO MEMBERS Commissioner Karen Seel Oty of Clearwater ' P. O. Box 4748 Clearwater, FL 34618 462-6700 FAX: 462-6720 Mayor Rita Garvey City of Clearwater P. O. Box 4748 Clearwater, FL 34618 462-6700 FAX: 462-6720 l) ....* STAFF ~ Judi Hackett .- Consultant, Joy Katzen-Guthrie -- Administrative Assistant Downtown Development Board P. O. Box 1225 Clearwater, FL 34617 461-0011, cxt. 231 FAX: 449..2889 . . . ,,/. ,.' \,' ~ /', I ~, ~ \: \ I . '. ' \ ~,' \ .. I t // '\ 1, . , \ /.. I r \ ~ ...,. ".,' ! CRUIIVE CON I nAC1'C)M INCa COPIES TO' COMMISSION . t.. "J '. ....._.~..,.", Alan C. Bomstein President MAY 2 4 1996 PRESS CLERK / ATTORNEY May 22, 1996 Ms. Elise Winters Chairperson Downtown Development Board P.o. Box 1225 Clearwater, FL 34617 Dear Elise, Because ofa conflict in my calendar, I cannot attend the special joint meeting of the DDB and the 6itrcf<.A Cemmission--on June 3rd. However, I wish to send a strong message to both Boards. We must do something about the ice house. It is a terrible embarrassment to the City. If it takes passing a new ordinance about fixing up 'derelict buildings (or face eminent domain proceedings), then lets do it. This building burned down (but not enough) 5 years ago! I can not get enthusiastic about redeveloping our Downtown ifwe are so impotent as do not be able to deal with this situation. I implore you to help. \" i cc: Mayor & Commissioners ? :1 ~ " j 620 Drew Street Clearwater. Florida 34615 Phone 8131461.5522 FAX 8131447.4808 " ,/