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05/06/1993 COMMUNITY REDEVELOPMENT AGENCY May 6, 1993 The City Commission, meeting as the Community Redevelopment Agency, met in regular session at City Hall, Thursday, May 6, 1993 at 4:30 P.M., with the following members present: Rita Garvey Chairperson Richard Fitzgerald Member Sue Berfield Member Arthur X. Deegan, II Member Fred Thomas Member Lillian Trickel Ex-officio Member Also Present were: Michael J. Wright Executive Director Milton A. Galbraith, Jr. Attorney Cynthia E. Goudeau Secretary ITEM II. - Minutes: Member Deegan moved to approve the minutes of the April 19, 1993, meeting. The motion was duly seconded and carried unanimously. ITEM III. - Rules of Conduct Member Thomas had distributed proposed Rules of Conduct at the last CRA meeting. Chairperson Garvey has also submitted some recommendations. Member Deegan requested that the second "where as" be removed as it indicates there are no Rules of Conduct and there are; and that in the third "where as", the word "adopt", be changed to "amend". Rule #1 Member Thomas' recommendation had been to have two ex-officio members of the downtown district elected by the property owners in that district. Chairperson Garvey's recommendation is to have two ex-officio members, however, that they be members of the Downtown Development Board (DDB). Member Deegan questioned how the DDB would choose the ex-officio members without an election and Chairperson Garvey said this would be up to the DDB. Lillian Trickel, ex-officio member, said the DDB had chosen to have its Chairperson and Vice-Chairperson as the two ex-officio members. Member Thomas felt it would be more clear to remove the DDB from the resolution and to deal with the downtown district. Chairperson Garvey pointed out that the DDB members are already elected by the property owners and that while this could change in the future that there would already have been an election of representatives of the downtown property owners. General discussion ensued regarding how to give the appropriate representation for the downtown district and it was decided that the first sentence of Rule #1 should read as follows: "The membership of the Community Redevelopment Agency of the City of Clearwater, Florida (Agency) shall be composed of the five members of the Clearwater City Commission and two ex-officio, non-voting members of the Downtown Development Board or owners of properties in the CRA district". Member Deegan requested that the sentence regarding the election of the Chair and Vice-Chair be amended to read as follows: "A Chair and Vice-Chair of the Agency shall be elected at the second meeting in April of each year by the voting members to serve for one year". There was general agreement to this change. Chairperson Garvey pointed out she had recommended omitting language regarding the presiding officer calling to order members of the Agency, deciding all questions of order etc., and stating the questions as these are covered by Roberts Rules of Order. Her recommendation also eliminated a sentence recommended by Member Thomas' recommendation regarding "normally members of the public shall be allowed to speak". It was agreed the last sentence of Rule #1 be: "Members of the public shall be allowed to speak". Rule #2 Rule #2 refers to an Executive Director hired by the Agency. Member Fitzgerald questioned a provision in Rule #2 that the Executive Director shall establish staffing. He felt this implies the Director has a staff and he questioned to what degree this would be true. Chairperson Garvey stated this would mean in the future if there needs to be more than one person in this department, the Executive Director would be able to hire staff with the approval of the Agency. Several members emphasized that any staff would have to be approved by the Agency prior to the Executive Director being able to hire them. Member Berfield questioned the requirement that the Executive Director be at all meetings as her concern was that if the Director were absent, the meeting would not be able to be held. Member Thomas stated that Rule #1 provides for business to be conducted as long as a quorum is present. Member Thomas questioned the Chairperson's recommendation to eliminate the requirement for two majority votes in order to fire the Executive Director. Chairperson Garvey stated it was felt that if there was no support for the Director continuing, why go through two votes. Member Deegan pointed out that they needed to add by a majority of the voting members of the Agency rather than just a majority vote. Rule #3 In Member Thomas' recommended rules, the City Clerk was to serve as the secretary for the agency. Chairperson Garvey's recommendation was that this rule be omitted as the previous rule provides staffing for the Executive Director. Member Deegan felt it was important to have the rule as it specified minutes to be furnished and some procedure. Chairperson Garvey recommended adding this to Rule #6. Member Thomas felt it should be more finite than that and Member Deegan agreed they were separate issues. It was agreed that references to the City Clerk being the secretary would be removed from this rule. Rule #4 Member Thomas' proposed Rule #4 had to do with motions being made and seconded before debate. Chairperson Garvey had recommended omitting this rule as it is covered in Rule #14 and the need for three votes is covered in another rule. There was general agreement to omit Rule #4. Member Thomas expressed a concern regarding Rule #14 in the Chairperson's recommendation only allowing votes on agendaed items and he requested that when they got to Rule #14, this be clarified. Rule #5 Member Thomas' recommendation had required that a copy of resolutions be furnished by the Clerk to all city departments concerned. The Chairperson's recommendation was to omit this rule as it was felt this was a matter of course. Member Thomas felt the procedure needed to be established and this could be changed to have the secretary of the Agency providing the copies. Member Fitzgerald expressed a concern regarding the City Manager as the one who deals with department heads not the Executive Director of the CRA. Member Thomas emphasized he wanted to make sure there was some legal obligation to notify the city departments of actions that affected them. The Attorney pointed out that action is generic and would not necessarily be by resolution. There was agreement to change Rule #5 to read, "A copy of all minutes of each Agency meeting and each resolution when passed shall be furnished by the Executive Director to the City Manager". Member Deegan requested that the remainder of the rules be continued to the next meeting as time was getting short and he wished to discuss the item of the Executive Director job description. The Attorney indicated he would provide the revisions to the first five rules. ITEM IV. - Executive Director job description & qualifications Member Deegan stated the job description was very well written and commended the City Manager and the Human Resources Director for their efforts. He requested the following be added to the end of the first sentence, "with special reference to the approved downtown development plan". Member Fitzgerald expressed concerns regarding the wording in the first sentence, "and around the central downtown business district". The Executive Director stated it could be rephrased as a subset of the CRA. Member Thomas recommended to change it to state "the CRA district". There was agreement to change the first sentence to read as follows: "Plans and implements programs, policies and procedures relating to the rehabilitation, conservation and/or redevelopment of specific areas in the CRA district of the City of Clearwater with special reference to the approved downtown development plan". Under typical tasks, Member Deegan requested in the sentence requiring the submission of an annual budget, there be added a requirement for an annual list of objectives. This sentence would read: "prepares and submits an annual list of objectives and budget to the CRA for its operation". Member Deegan also requested that in the next to the last sentence which requires the Executive Director to maintain an updated listing of CRA property and finances and submitting quarterly financial reports, that performance reports be required as well. This sentence would be changed to read: "maintains an updated list of all CRA property and finances and submits quarterly financial and performance reports and asset and liability listings to the CRA". Member Deegan requested that the last word of the last sentence of Section B, Education, Training and Experience, be changed from "required" to "desired". This sentence would read: "Considerable experience in community redevelopment programs desired". He felt this would not eliminate individuals who had development experience but not in the public sector. The Executive Director questioned if the Agency was now satisfied with the job description and there was general agreement. Member Deegan recommended setting the salary for this position at 50 to 70 thousand dollars a year. Member Thomas indicated he would prefer an incentive based salary rather than fixed and he would like to see bonuses for performance. Member Deegan questioned whether this would be in addition to the annual salary and Member Thomas indicated he felt this should be included with the salary. Chairperson Garvey recommended the Executive Director be hired at a fixed salary for the first year and renegotiated after that time. Member Deegan felt this would be unfair. Member Deegan felt the language could be 50 to 70 thousand dollars including base and incentive possibilities. Member Deegan moved to approve the drafted job description as amended and the salary range of 50 to 70 thousand dollars, including base and incentive possibilities. The motion was duly seconded and carried unanimously. ITEM V. - Business Incubator Report - Continued to 5/20/93 ITEM VI. - Adjournment: The meeting adjourned at 5:35 P.M.