11/13/1995
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COMMUNITY REDEVELOPMENT AGENCY MEETING
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Minutes
November 13, 1995
The Community Redevelopment Agency with Chairperson, Rita
presiding, met in the Commission Chambers at City Hall on,
November 13, 1995 at 1:23 PM, with the following members present:
Garvey,
Monday,
Rita Garvey
Sue Berfield
J.B. Johnson
Bob Clark
Fred Thomas
David stone
Chairperson
CRA Trustee
CRA Trustee
CRA Trustee
CRA Trustee
DDB Representative
Also Present:
Peter Gozza
Betty Deptula
Leslie Dougall-Sides
Jacquie DeGray
Executive Director, CRA
City Manager
City Attorney's Office
CRA
2. Approval of Minutes
A motion was made, seconded and unanimously carried to approve the
minutes of the October 16, 1995 meeting.
3. Unfinished Business
I:) None
4 . New Business
Approval of Executive Director 1995-96 Goals - After some discussion on the
goals, a motion was made, seconded and unanimously approved to assign the
,following percentages to Mr. Gozza's 1995-96 goals:
1. To identify a developer and proceed with negotiating a
development agreement for the East End property. (70%)
2. A net increase in leased spaced in the downtown of 50,000 square
feet. (20%)
3. Assist the city in making the changes in the land development
code necessary for the implementation of the redevelopment plan.
(5%)
4. Assist the developer in securing the financing for the former
Osceola Inn. (5%)
DDB Contribution to Redevelopment Trust Fund - Ms. Dougall-Sides, city
Attorney's office, reviewed the legal opinion received from David Cardwell,
an attorney with Holland & Knight, analyzing the payment of incremental
revenue as taxed by the Downtown Development Board. The opinion stated
,that because of enactments by the legislature, the City of Clearwater's
1982 ordinance which purported to exempt the DDB from payment of these
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eRA
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November 13, 1995
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funds is beyond the power of the City to have enacted at that time.
Consequently, there can be no exemption of the DDB from payment of these
funds. After consultation & review of documents, the city Attorney, Pam
Akin, agrees with the opinion. Ms. Dougall-Sides pointed out that
collection of the DDB's past due contributions may present a problem. The
DDB could argue that they were not noticed and/or that a statue of
limitations (4 or 5 years) may have expired. Mr. Gozza indicated that when
he spoke to Mr. Cardwell on the question of notification, Mr. Cardwell's
opinion was that the statute does not require notification. Impact to the
DDB would be a total trust fund contribution for 1995 of $26,950.19, Mr.
Gozza suggested that this money could come from their 1994-95 carry-over
figure of $84,321 and would not impact their 1995-96 approved budget. Mr.
Gozza also pointed out that per the Redevelopment Act, the CRA must notify
all taxing jurisdictions of bond issues, any changes to a redevelopment
plan or of a new plan - the DDB had been notified by certified mail and
signed for by Dan Leiter, DDB Chairperson.
David stone, DDB representative, stated that since it was the city's intent
to exempt the DDB from the CRA contribution, that possibly Mr. Cardwell
could render an opinion on how this could be corrected and requested that
no action be taken at this time.
Trustee Thomas indicated that the City has a legal obligation and a
fiduciary responsibility to collect back taxes and that by not attempting
to collect back taxes would set a precedent. He, further, suggested that
the back tax money could be collected and then channeled back to the DDB if
counsel indicated that this would be within the limits of the law. Mr.
Stone indicated that collection of back money owed could bankrupt the DDB.
Trustee Thomas stated that this accounting issue could be worked out.
Mayor Garvey suggested that retroactive money not be collected because it
was the City's intent to exempt the DDB from payment. Mr. Gozza pointed
out that the contribution' is not considered "tax" money but a
"contribution" and does not even have to corne from collected DDB taxes.
Ms. Winters suggested that since the DDB was under the opinion that they
were exempt, that arrears should not even be considered an issue. Trustee
Thomas pointed out that errors in government occur and since this is one of
those cases, back billing needs to be addressed.
Trustee Johnson asked what prompted this issue. Mr. Gozza explained that
when he was hired in 1993 as eRA Executive Director, since there had not
been a dedicated department head for ten years, the board had requested
that he make sure that the CRA was functioning appropriately. The City
Attorney suggested that all CRA ordinances, resolutions etc. be forwarded
to David Cardwell, a CRA legal expert, for an opinion. The DDB
contribution issue is just one of the discoveries that have been made over
the past two years.
Per Ms. Dougall-Sides, this issue can be postponed until December 4, 1995
which will give DDB counsel and the city Attorney time to discuss this
issue and render their opinion. A motion was made, seconded and
unanimously approved that this issue be postponed until December 4, 1995,
which is the next eRA meeting. At that time, if necessary, eRA
contribution notices to the DDB will be addressed.
eRA.
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November 13, 1995
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5. Exeeuti ve Director Verbal Reports
East End Update/RFP East End Selection Process - Mr. Gozza reported that
one proposal has been received and the deadline to receive others is at
5:00 PM today. A written selection process has been sent to all members of
the Selection Review Committee. Mr. Gozza recommended that if only a few
proposals are received that each of them be allowed to make a presentation
within 30-45 days to the CRA Board/city Commission.
6. Other Trustee Business
Trustee Johnson made a motion, that the eRA Executive Director report to
the City Manager. Chairperson Garvey stated she supported that position.
Trustee Clark asked City Manager, Betty DeptUla, her opinion on this issue
since she would be handling additional responsibilities. Ms. Deptula
stated, "the system can work either way as long as dedication to goals for
the purposes of redevelopment are met." A department director would be in
charge of the redevelopment area and the City Manager would act as the
Executive Director of the CRA. Ms. Deptula stated that should this occur
she would recommend that the eRA be a separate department from Economic
Development. Trustee Thomas opposed this motion. The motion died for lack
of a second.
6. Adjournment
Meeting was adjourned at 2:08 PM.
'eRA
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November' 13, 1995