CITY OF WILLISTON COMMUNITY REDEVELOPMENT AGENCY

AGENDA

Monday September 14, 2020, 5:30 PM

CITY COUNCIL CHAMBERS

BOARDMEMBERS:

Nick Williams -Chair Art Konstantino

Ken Schwiebert -Vice Chair Jonathan Lewis - Treasurer

Mike Langston

BOARDMEMBERS:

Nick Williams -Chair Art Konstantino

Ken Schwiebert -Vice Chair Jonathan Lewis - Treasurer

Mike Langston

CALL TO ORDER ROLL CALL

1. Updated Roster

STAFF:

Dennis Strow, Acting City Manager Jackie Gorman, City Planner

Laura Jones, Planning Assistant

APPROVAL OF MINUTES - August 10, 2020

CONSENT AGENDA TREASURER'S REPORT

1. Monthly Finance Report

PUBLIC COMMENTARY NEW BUSINESS

1. Walker & Associates Professional/Architectural Services Contract

2. CRA Resolution 2020-46 - Approval of CRA Budget

3. Heritage Park - NW 411z Avenue through NW 511z Avenue - Conceptual Plan

OLD BUSINESS

1. Pressure Wash/Paint Downtown - Update

   
   

   STAFF ANNOUNCEMENTS FOCUS GROUP

   1. Focus Committee Meeting Update (Laura Jones)

NEXT CRA MEETING DATE - October 12, 2020 5:30 PM

ADJOURNMENT

NOTICE:

IF A PERSON DECIDED TO APPEAL ANY DECISION MADE BY THIS COMMITTEE WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING, HE WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE, THEY 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.

Minutes of the CRA meeting may be obtained from the Department of Community Development. The minutes are recorded, but not transcribed verbatim . Persons requiring a verbatim transcript may make arrangements with the City Clerk to duplicate the recordings or arrange to have a court reporter present at the meeting. The cost of duplication and/or court reporter will be borne by the requesting party.

In accordance with Section 286.26,. Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact the City Clerk's office no later than 5:00 P.M. on the day prior to the meeting.

CITY OF WILLISTON COMMUNITY REDEVELOPMENT AGENCY

MINUTES

DATE: MONDAY, August 10, 2020

TIME: 5:30 PM

PLACE: CITY COUNCIL CHAMBERS CALL TO ORDER AND ROLL CALL

Chairperson Nick Williams called the Community Redevelopment Agency meeting to order at 5:30 p.m. Roll call was taken with the following community redevelopment agency members present:

Nick Williams -Chair

Ken Schwiebert -Vice Chair Art Konstantino

Mike Langston

Jonathan Lewis - Treasurer

OTHERS PRESENT

Jackie Gorman, City Planner Laura Jones, Secretary

Updated Roster

Discussion on corrections to roster contact information.

APPROVAL OF MINUTES

Minutes from July 13, 2020 meeting had been sent to the CRA members. After reviewing the minutes, Chairperson Nick Williams asked if there were any corrections or additions to the minutes. Mr. Williams made some corrections. Dr. Ken Schwiebert, Vice Chair moved to accept the minutes as printed. Mr. Mike Langston seconded to approve the minutes as written. The motion carried 5-0.

TREASURER'S REPORT

Monthly Finance Report

Ms. Gorman said there were not a lot of expenditures just a few materials for the Adopt-A-Planter program.

PUBLIC COMMENTARY

Mr. Nick Williams, Chair, thanked Ms. Debra Jones, Councilwomen, for being a regular at the CRA meetings. The CRA appreciates her.

NEW BUSINESS

RFQ-Professional/Architectural Services -Recommendation to CRA

Staff recommended Walker Architects. Mr. Williams doesn't think the need for extra points for being local is relevant anymore with the technology available. Ms. Gorman gave an overview on how they decided on Walker Architects. Dr. Schwiebert, Vice Chair moved to accept the recommendation and move ahead to contract negotiations. Mr. Langston seconded the motion. The motion carried 5-0.

Corner Post-Revised plan for signs (Jackie Gorman)

The CRA Board had previously approved to move forward. Ms. Gorman presented a map of possible locations. Ms. Gorman would like to expand the program from the center out. Posts are designed to pay for themselves with the signs and Ms. Gorman will start to get pricing. Board discussed a community sign centrally placed. Mr. Williams said it was brought up before and it was cost prohibitive. Ms. Gorman will check into it again.

Irrigation at City Hall - Update (Jackie Gorman)

Mr. Jonathan Lewis will go take pictures of the irrigation system that is there. Memo from Utilities Department is attached to Agenda Packet.

Banner Arms (22) & Selection of Banner (Laura Jones) - Recommendation to CRA

Utilities haven' t measured the banners arms so there is no quote to review.

Budget discussion (Jackie Gorman)

Ms. Gorman mentioned the budget meeting in front of Council is the following night. Ms. Gorman asked Steven Bloom (Finance Director), at the last meeting, to send him an hourly rate for the CRA Board to review. Ms. Gorman said there are only a few invoices a month for them to enter. Mr. Lewis said, "it really bums me up when you have a decrease in the area we want to decrease and an increase in the next line item." He was referring to financial services and auditing. Mr. Williams said that Mr. Bloom justified that there may be an additional need for auditing and it is better to be under budget than over. He asked Mr. Bloom if he could provide an estimate by the hour. He told Mr. Williams, "you might regret it", but he would get the information. The information has not been provided and Mr. Williams did not expect him to because there has been a "faux sense of cooperation" by removing items while bumping up other items. Mr. Williams is "quite unhappy with the lack of cooperation." Mr. Williams would like to look at alternatives to this financial company. Ms. Gorman will talk to FRA for recommendations.

Mr. Williams and Ms. Gorman discussed adjustments from the last fiscal year. $47,000 in materials and supplies were added and it is unclear where it was from because it was never classified. Mr. Williams said Mr. Bloom continues to ignore reasonable questions but the CRA can go elsewhere and he wants to explore that possibility. Ms. Gorman said they added materials like mops but the invoices do not have her signature on it. She would like all these charges reclassified so they can see what project they belong to. There should be a methodology for cost sharing. Mr. Williams said that it is not clear if the CRA is responsible for maintenance.

Mr. Williams said he understands these are just estimates and they could be adjusted at the end of the year but he does not see how these large adjustments are made.

Mr. Langston asked about getting an outside source. He said these issues will not continue after this meeting.

They also discussed salaries and if they are accurate. Ms. Gorman said they are for her and Laura Jones her assistant but maybe not the City Manager at 10%. Dr. Schwiebert said the City Manager does not spend 10% of their time on the CRA. They also discussed the human resources position at 5% of their salary doing things for the CRA. Dr. Schwiebert said they use the TIFF money to raid it.

Mr. Lewis does not understand the relationship between Steven Bloom and Council and said, "they must place a lot of trust in him to let him just go wild in the books." Ms. Gorman said that Council does not understand the autonomy of the CRA. Ms. Gorman also brought up that the CRA does not have an Executive Director. She said that you can hire your own person or you can make her the Director or you can wait until the new City Manager is hired. It used to be Scott Lippman, the City Manager. Mr. Lewis said the only issue there is with financial services because he (Mr. Bloom) is not getting that they want to see every invoice before it is added. Mr. Lewis would like to see the Inframark contract. Mr. Williams is still waiting for the hourly rate that was promised at the last Budget Workshop.

Mr. Williams would like to see a memo or letter stating the things that they insist upon including itemizing the materials and supplies. Ms. Gorman will prepare the memo. Mr. Lewis discussed the line item for the audit and it should only be an invoice from the auditing company not accounting and auditing. Mr. Williams does not think the memo should ask for anything, but rather layout our policy.

Mr. Williams said that since there is a vacancy of Executive Director (with Scott Lippman resigning) of the CRA he would like to appoint Ms. Gorman into the position. Dr. Schwiebert asked if it would cost any money. Ms. Gorman said no, the CRA already pays 40% of my salary. Mr. Konstantino asked if there is a conflict of interest. Ms. Gorman said there wasn't as Scott Lippman was Airport Manager and City Manager.

Dr. Schwiebert moved to appoint the City Planner as Executive Director of the CRA. Mr. Langston seconded. The motion carried 5-0.

Ms. Gorman will compile the memo to make Council aware she is now Executive Director of the CRA. Mr. Lewis would like included in the memo to Inframark to have a limit on invoices that Ms. Gorman can sign for. He would also like to see all invoices and salary distribution approved by the Board or Ms. Gorman before becoming a journal entry. Mr. Williams thinks it can be more simply stated by saying they will not pay expenses that are not budgeted or approved. Ms. Gorman thinks what the CRA is asking for is the Inframark contract so they can negotiate a contract sperate form the City. Mr. Williams asked how Mr. Bloom could have made such major adjustments unless there is a basis for it. Ms. Gorman will find the contract and work with Mr. Bloom to get their budget questions answered.

OLD BUSINESS

Pressure Wash/Paint Downtown - Update

Ms. Gorman sent a letter to the property owners of block 12 with three options. One, volunteers can pressure wash, two, the CRA will try to award a grant, three, they can do the project themselves. Mr. Langston received a quote for $1500 for the entire block and sidewalks. Mr. Williams said the original quote was out of the CRA's price range. He expressed his application for Ms. Sharon Brannan's concern but he does not feel this is suddenly an emergency but for this price he believes we should move ahead. Mr. Langston will get a final quote.

STAFF ANNOUNCEMENTS - None FOCUS GROUP

Reviewed the July 30th meeting. The Focus Group asked for an extension until October. Ms. Gorman its important that we start giving assignments to the Focus Group as they have brainstorming and now its time to get data in. There is a list of stuff that they need to be fine­ tuning and she will work with Ms. Laura Jones to get the group to gather the information the CRA needs and present it. There are so many little things that he brought up that needs to be discussed. She's trying to use the experience and knowledge on the Focus Group to be an extension of her office.

NEXT MEETING DATE(S)

Regular Meeting-September 14, 2020 5:30

Focus Group-August 17, 2020 5:30

MEMBER DISCUSSION

Mr. Konstantino wanted to make sure the Patrick building is boarded up because there are children going into the building and the bricks are falling off the building.

Mr. Williams asked about the sunset of the CRA. Ms. Gorman said she is still trying to work that out whether it was when TIFF funding started or when the CRA was formed.

Ms. Gorman asked Bluerock to soften the new development at the old High School. She wanted to know if the CRA wanted to see the plans and designs before they are approved. Mr. Williams thinks the CRA has enough to do and knows Ms. Gorman will do the planning right.

ADJOURNMENT - 7:34

NOTICE:

IF A PERSON DECIDED TO APPEAL ANY DECISION MADE BY THIS COMMITTEE WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING, HE WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE, THEY 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.

Minutes of the CRA meeting may be obtained from the Department of Community Development. The minutes are recorded, but not transcribed verbatim. Persons requiring a verbatim transcript may make arrangements with the City Clerk to duplicate the recordings or arrange to have a court reporter present at the meeting. The cost of duplication and/or court reporter will be borne by the requesting party.

In accordance with Section 286.26, Florida Statutes. persons with disabilities needing special accommodations to participate in this meeting should contact the City Clerk's office no later than 5:00 P.M. on the day prior to the meeting.

Laura Jones, Secretary Nick Williams, Chair

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AIA

Document B121m 2018

Standard Form of Master Agreement Between Owner and Architect

for Services provided under multiple Service Orders

AGREEMENT made as of the {(i day of<< J) in the year« »

(In words, indicate day, month, and year.)

BETWEEN the Owner:

(Name, legal status, address, and other information)

«City of .oii Comm.unity Rede'lelop.menlr A,-gen,G)')>« >

<<50 NW M a. Stre >

<<Williston, Flot'i,da »

« >)

and the Architect:

(Name, legal status, address, and other information)

ADDITIONS AND DELETIONS: The

author of this document has added information needed for its·completion. The author may also have revised the text of the original AIA sta dard form. An Additions and Deletions Report that notes added information as well as revi'sions to the

$tandard form text is available from the author and should be reviewed.

«Walker- Architects ,« I.ne.>>

«2035 NW U'11 treet>)

,<<Gaines-ville· Flor.ida 32609»

((

This document has important

legal consequences. Consultation with an attorney is encouraged with respect to its completion or

modification.

The Owner and Architect agree as follows.

This document does not contain a description of the Architect's scope of Services and related terms. This document is intended to. be used in conjunction with AIA Document B221™-2018, Service Order for use with Master Agreement Between Owner and Architect

ELECTRONIC COPYING of any

portion of this AIA" Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document.

1

1

AIA Document B121· - 2018. Copyright© 2014 and 2018 by The American Institute of Architects. All rights reserved. The 1' Ame r i ca n Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This draft wasproduced by AIA software at 14:12:25 ET on 08/21/2020 under Order No.5056892246 which expires on 08/21/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the A.IA Contract Documents,i, Terms of Service. To report copyright violations,

TABLE OF ARTICLES

1. MASTER AGREEMENT TERM AND PARTY REPRESENTATIVES

   
   

2. SERVICE ORDERS

   
   

3. ARCHITECT'S RESPONSIBILITIES

   
   

4. ADDITIONAL SERVICES

   
   

5. OWNER'S RESPONSIBILITIES

   
   

6. COPYRIGHTS AND LICENSES

   
   

7. CLAIMS AND DISPUTES

   
   

8. TERMINATION OR SUSPENSION OF SERVICE AGREEMENTS

   
   

9. COMPENSATION

   
   

10. MISCELLANEOUS PROVISIONS

    
    

11. SPECIAL TERMS AND CONDITIONS

    
    

12. SCOPE OF THIS MASTER AGREEMENT

    
    

    ARTICLE 1 MASTER AGREEMENT TERM AND PARTY REPRESENTATIVES

    § 1.1 This Master Agreement shall be effective for three years after the date first written above ("Date of this Master Agreement").

    
    

    § 1.2 This Master Agreement shall apply to all Service Orders agreed to by the Parties within the term of this Master Agreement until completion of the Service Order. In the event of a conflict between terms and conditions of this Master Agreement and a Service Order, the terms of the Service Order shall take precedence for the services provided pursuant to the Service Order. An agreed upon Service Order together with this Master Agreement form a Service Agreement. A Service Agreement represents the entire and integrated agreement between the parties, and supersedes prior negotiations, representations, or agreements, either written or oral. A Service Agreement may be amended or modified only by a Modification.

    
    

    § 1.3 After the initial three-year period, this Master Agreement will renew on an annual basis, on the day and month of the Date of this Master Agreement, unless either party provides notice of their intent not to renew this Master Agreement. Notice must be provided at leas( 60 days prior to the renewal date. In the event either party elects not to renew this Master Agreement, the terms of this Master Agreement shall remain applicable until all Service Orders under this Master Agreement are completed or terminated.

    
    

    § 1.4 The Owner identifies the following representative authorized to act on the Owner's behalf with respect to this Master Agreement:

    

    <<Jackie ,cm nam>

    <<Cem:t1iun ity De.velopment/Gl'an M anageJ<>>

    

    «city.planqeF@wiilistc;mfl.org»

    <<(35'2) 528·-3 060 ext. 111»

    (( ))

    
    

    (( ))

    
    

    § 1.4.1 In each Service Order, the Owner will identify a representative authorized to act on the Owner's behalf with respect to the Service Order.

    
    

    AIA Document a121• - 2018. Copyright© 2014 and 2018 by The American I ns t i t ut e of Architects. All rights reser ved. The"American Institute of

    Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This draft 2

    was produced by AIA software at 14: 1 2 : 25 ET on 08/21/2020 under Order No.5056892246 which expires on 06/21/2021, is not for resale, is l icensed for one-time use only, and may only be used in accordance with the AIA Contract Documents'r, Terms of Service. To report copyright violations,

    § 1.5 The Architect identifies the following representative authorized to act on the Architect's behalf with respect to this Master Agreement:

    
    

    

    <<Jesepb :S. Wa:lker AIA »

    

    «Pr sidenJ>>

    < w,a.Uc f@\valker-atch.e0fu»

    «(35Q) 45 l-1S:6lt->)

    {( »

    << }>

    
    

    § 1.5.1 In each Service Order, the Architect will identify a representative authorized to act on behalf of the Architect with respect to the Service Order.

    
    

    § 1.6 Nothing contained in this Master Agreement or in a Service Order shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or Architect. ·

    
    

    ARTICLE 2 SERVICE ORDERS

    § 2.1 The Owner is not required to issue any Service Orders under this Master Agreement.

    
    

    § 2.2 The Architect may decline to accept any Service Order issued by the Owner.

    
    

    § 2.3 The Architect shall perform the services set forth in each agreed upon Service Order, consisting of AIA Document B221-2018, Service Order, or such other document as the Owner and Architect may mutually agree upon. Each Service Order shall state the name, location, and detailed description of the Project; describe the Architect's Services; state the Architect's compensation; and list the attachments and exhibits incorporated by reference.

    
    

    ARTICLE 3 ARCHITECT'S RESPONSIBILITIES

    § 3.1 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the services provided pursuant to a Service Agreement.

    
    

    § 3.2 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Master Agreement or any Service Agreement.

    
    

    § 3.3 The Architect shall maintain the following insurance until termination of this Master Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 9.4.

    (Identify types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if any.)

    
    

    1. General Liability

       (<Mi.ninium.$1 ,000,000 each .occurrence)>

    2. Automobile Liability

       <<Minim.um ·$ l ,00i00.0 e_ach .c'idbpt>)

    3. Workers' Compensation

       
       

       «¥i,nimllll1 $J ,OOO,OQO each acctde1;1t/di.$e ase»

       
       

    4. Professional Liability

<<Mli!iroum $·1 000,,000 _ger ellµm»

AIA Document 0121• - 2019. Copyright© 20 14 and 2018 by The American Institute of Architects. All rights reserved. The"American Institute of Architects," "AIA," the AIA Logo, and \1 AIA Contract Documents" are registered trademarks and may not be used without permission. This draft 3

was produced by AIA software at 14:12:25 ET on OB/21/2020 under Order No . 5 05689 22 46 which expires on 08/21/2021, is not for resale, is licensed

§ 3.4 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on the accuracy and completeness of the services and information furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission, or inconsistency in such services or information.

§ 3.5 The Architect shall not be responsiblefor an Owner's directive or substitution made without the Architect's approval.

ARTICLE 4 ADDITIONAL SERVICES

§ 4.1 The Architect may provide Additional Services after execution of a Service Agreement without invalidating the Service Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.1 shall entitle the Architect to compensation pursuant to Section 9.3.

§ 4.2 Unless otherwise provided in a Service Order, upon recognizing the need to perform the following Additional Services, as they relate to the services provided pursuant to the Service Order, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner's written authorization:

1. Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method;

2. Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or editing previously prepared Instruments of Service;

3. Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care;

4. Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of

   performance on the part of the Owner or the Owner's consultants or contractors;

5. Preparing digital models or other design documentation for transmission to the Owner's consultants and contractors, or to other Owner-authorized recipients;

6. Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner;

7. Preparation for, and attendance at, a public presentation, meeting or hearing;

8. Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto;

9. Evaluation of the qualifications of entities providing bids or proposals; or

10. Consultation concerning replacement of Work resulting from fire or other cause during construction.

ARTICLE 5 OWNER'S RESPONSIBILITIES

§ 5.1 The Owner shall provide information in a timely manner regarding requirements for and limitations of each Service Order.

§ 5.2 The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid umeasonable delay in the orderly and sequential progress of the Architect's services.

§ 5.3 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of consulting services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants as designated in an individual Service Order, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Service Order. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided.

§ 5.4 The Owner shall furnish all legal, insurance, and accounting services, including auditing services, that may be reasonably necessary at any time to meet the Owner' s needs and interests under a Service Agreement.

AI A Document e121· - 201B. Copyright© 2014 and 2018 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This dr a f t 4

§ 5.5 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the services or work related to a Service Agreement, including errors, omissions or inconsistencies in the Architect's Instruments of Service.

§ 5.6 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights.

ARTICLE 6 COPYRIGHTS AND LICENSES

§ 6.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use in relation to a Service Agreement.

§ 6.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with a Service Agreement is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants.

§ 6.3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations under the Service Agreement, including prompt payment of all sums when due pursuant to Articles 8 and 9. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Master Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub-subcontractors, and suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section I 0.9, solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates a Service Agreement for cause as provided in Section 8.4, the license granted in this Section 6.3, and related to the terminated Service Agreement, shall terminate.

§ 6.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and .its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 6.3.1. The terms of this Section 6.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 8.4.

§ 6.4 Except for the licenses granted in this Article 6, no other license or right shall be deemed granted or implied under this Master Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants.

§ 6.5 Except as otherwise stated in Section 6.3, the provisions of this Article 6 shall survive the termination of this Master Agreement.

ARTICLE 7 CLAIMS AND DISPUTES

§ 7.1 General

§ 7.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to any Service Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Master Agreement and within the period specified by applicable law, but in any case not more than IO years after the completion of the services provided pursuant to a specific Service Agreement, whichever is sooner. Completion of the services pursuant to a specific Service Agreement shall be the date of Substantial Completion of construction related to the services performed pursuant to the Service Agreement or, where there is no construction work related to a Service Agreement, the date the Architect completes its services under the Service Agreement. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 7.1.1.

AIA Document B121• - 2018. Copyright R> 2014 and 2018 by The American Institute of Architects. All rights reserved. The "American Institute of

Ar chi t e c t s , " "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used w i t hou t pe r mi s s i o n . This draft S

§ 7.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AJA Document A201™-2017, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them, similar waivers in favor of the other parties enumerated herein.

§ 7.1.3 The Architect and Owner waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to a Service Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of a Service Agreement, except as specifically provided in Section 8.6.

§ 7.2 Mediation

§ 7.2.1 Any claim, dispute or other matter in question arising out of or related to a Service Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution.

§ 7.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Master Agreement. A request for mediation shall be made in writing, delivered to the other party to this Master Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings.

§ 7.2.3 The parties shall share the mediator' s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.

§ 7.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 7.2, the method of binding dispute resolution shall be the following:

(Check the appropriate box.)

[ « » ] Arbitration pursuant to Section 7.3 of this Master Agreement

[ «X»: ] Litigation in a court of competent jurisdiction

[ « » ] Other: (Specify)

« ))

If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction.

§ 7.3 Arbitration

§ 7.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Master Agreement, any claim, dispute or other matter in question arising out of or related to a Service Agreement subject to, but not resolved by, mediation shall be subject to arbitration, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Master Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this Master Agreement, and filed with the person or entity administering the arbitration.

AIA Document s121· - 2019. Copyright© 2014 and 2018 by The American Institute of Architects. All rights reserved. The"Ame r i can I ns t i t ut e of

Archite c ts," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This draft 6

§ 7.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution oflegal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question.

§ 7.3.2 The foregoing agreement to arbitrate, and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Master Agreement, shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof.

§ 7.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.

§ 7.3.4 Consolidation or Joinder

§ 7.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Master Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural mies and methods for selecting arbitrator(s).

§ 7.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to suchjoinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent.

§ 7.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 7.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect under this Master Agreement.

§ 7.4 The provisions of this Article 7 shall survive the termination of a Service Agreement.

ARTICLE 8 TERMINATION OR SUSPENSION OF SERVICE AGREEMENTS

§ 8.1 If the Owner fails to make payments to the Architect in accordance with a Service Agreement, such failure shall be considered substantial nonperformance and cause for termination of the Service Agreement or, at the Architect's option, cause for suspension of performance of services under the Service Agreement for which the Owner failed to

make payment. If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the

Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted.

§ 8.2 If the services under a Service Agreement have been suspended by the Owner, the Architect shall be compensated for services performed prior to notice of such suspension. When the services under the Service Agreement are resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted.

§ 8.3 If the Owner suspends the services under a Service Agreement for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate the Service Agreement by giving not less than seven days' written notice.

§ 8.4 Either party may terminate a Service Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of the Service Agreement, through no fault of the party initiating the termination. Termination of a Service Agreement under this Section 8.4 shall not be deemed a termination of other Service Agreements under this Master Agreement.

7

7

AIA Document a121• - 2018. Copyr i ght © 2 01 4 and 2018 by The American Institute of Architects. All rights reserved. The "American Ins t i t ut e of Architects," "AIA," the AIA. Logo, and "AIA Contract Documents" are registered trademarks and may not be used without pertt1,\ss1on. This draft was produced by AIA software at 14:12:25 ET on 08/21/2020 under Order No.5056892246 which expires on 08/21/2021, is not for cesal e, is licensed

for one-time use only, and may only be used in accordance with the AIAContract Doc urnen t ,sr' Terms of Service. To report copyright violations,

§ 8.5 The Owner may terminate a Service Agreement, upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause.

§ 8.6 In the event of termination of a Service Agreement not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, Reimbursable Expenses incurred, and all costs attributable to termination, including the costs attributable to the Architect's termination of consultant agreements.

§ 8.7 In addition to any amounts paid under Section 8.6, if the Owner terminates a Service Agreement for its convenience pursuant to Section 8.5, or the Architect terminates a Service Agreement pursuant to Section 8.3, the Owner shall pay to the Architect the following fees:

(Set forth below the amount of any termination or licensing fee, or the method for determining any termination or licensing fee.)

1. Termination Fee:

   
   

   «Not used.»

   
   

2. Licensing Fee if the Owner intends to continue using the Architect's Instruments of Service:

«Not used.»

§ 8.8 Except as otherwise expressly provided herein, a Service Agreement shall tenninate one year from the date of Substantial Completion.

§ 8.9 The Owner's rights to use the Architect's Instruments of Service in the event of termination of a Service Agreement are set forth in Article 6 and Section 9.5 of this Master Agreement.

ARTICLE 9 COMPENSATION

§ 9.1 The Owner shall compensate the Architect for the services described in a Service Order pursuant to the Service Order and as set forth in this Article 9.

§ 9.2 Except as otherwise set forth in a Service Order, the hourly billing rates for services of the Architect and the Architect's consultants, if any, are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices.

(If applicable, attach an exhibit of hourly billing rates or insert them below.)

« ))

Employee or Category

Principal

Sr. Project Manager Project Manager

Sr. Project Designer Project Designer Design Specialist Project Coordinator Controls Manager

Rate ($0.00)

$195.00/hour

$160.00/hour

$120.00/hour

$135.00/hour

$80.00/hour

$75.00/hour

$65.00/hour

$125.00/hour

§ 9.3 Except as otherwise set forth in a Service Order, the Owner shall compensate the Architect for Additional Services designated in Article 4 as follows:

(Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.)

«Basis for compensation is the same as listed in paragraph 9.2.»

AIA Document B121.. - 2018. Copyright ,?J 201 4 and 2018 by The American Ins t i t ut e of Architects. All rights reserved. The " Ame r i c a n I ns t i t u t e of

/\rchi tects," "AIA," t h e AIA Logo, and "AJA Con t r ac L Do c ume nt s " are r e gi s t e r e d Lradernarks a nd m a y not be us ed wj thout permi s s i o n . This draft

was produced by AIA software at 14:12:25 ET on 08/21/2020 under Order No.5056892246 which expires on 08/21/2021, is not for resale, is licensed 8

for one-time use only, and may only be used in accordance with the AIA Contract Docurne 1 Terms of Service. To report copyright violations,

§ 9.4 Compensation for Reimbursable Expenses

§ 9.4.1 Reimbursable Expenses are in addition to compensation for the Architect's professional services and include expenses incurred by the Architect and the Architect's consultants directly related to a Service Agreement, as follows:

1. Transportation and authorized out-of-town travel and subsistence;

2. Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets;

3. Permitting and other fees required by authorities having jurisdiction over the Project;

4. Printing, reproductions, plots, and standard fom1 documents;

5. Postage, handling, and delivery;

6. Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner;

7. Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project;

8. If required by the Owner, and with the Owner's prior written approval, the Architect's consultant's expense of professional liability insurance dedicated exclusively to the Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect or the Architect's consultants, and disclosed by the Architect in writing prior to execution of this Master Agreement or a related Service Agreement;

9. All taxes levied on professional services and on reimbursable expenses;

10. Site office expenses; and

11. Other similar Project-related expenditures.

§ 9.4.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus «zero» percent ( «O>> % ) of the expenses incurred.

§ 9.4.3 Reimbursable Expenses will be allocated to each Service Agreement.

§ 9.5 Payments to the Architect

§ 9.5.1 Progress Payments

§ 9.5.1.1 Unless otherwise agreed, payments for services provided pursuant to a Service Agreement shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid «ninety». ( «90>>.) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.)

«6» % «assessed monthly on the unpaid balance.>>.

§ 9.5.1.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. In any event, the Owner shall not withhold payments to the Architect pertaining to a Service Agreement to offset amounts in dispute under a separate Service Agreement.

§ 9.5.1.3 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times.

ARTICLE 10 MISCELLANEOUS PROVISIONS

§ 10.1 Each Service Agreement shall be governed by the law of the place where the Project described in the Service Order is located, excluding that jurisdiction's choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 7.3.

§ 10.2 Notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic transmission.

§ 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to each Service Agreement. Neither the Owner nor the Architect shall assign a Service Agreement without the written consent of the other, except that the Owner may assign a Service Agreement to a lender providing

AIA Document s121· - 2018. Copyright G:J 2014 and 2018 by Th e Amer i c an Institute of Architects. All rights reserved. The "American Institute of

Architects," "AIA," the AIA Logo 1 and "AIA Contract Documents" are registered trademarks and may not be used without permission. Th i s draft g

was pr odu ce d by AIA sof t wa r e at 1 4: 1 2 : 25 ET on 08/ 21 / 20 20 under Order No . 5 05689 22 4 6 which expires on 08/21/2021, is not for resale, is licensed for one- t i me use only, and may only be us ed in accor dan ce with the AIA Cont r a c t Doc umen t s "-· Terms of Service. To report copyright violations,

financing for the Project if the lender agrees to assume the Owner's rights and obligations under the Service Agreement, including any payments due to the Architect by the Owner prior to the assignment.

§ 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with the Service Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services, or responsibilities beyond the scope of the Service Agreement.

§ 10.5 Unless otherwise required in a Service Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site.

§ 10.6 The Architect shall have the right to include photographic or artistic representations of the design of the Projects for which services are performed among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Projects to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary infonnation if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Projects. This Section 10.6 shall survive the termination of a Service Agreement unless the Owner terminates a Service Agreement for cause pursuant to Section 8.4.

§ 10.7 If the Architect or Owner receives information specifically designated as "confidential" or "business proprietary," the receiving party may disclose such information as required by law or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity. The Party receiving such information may also disclose it to its employees, consultants or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.7.

§ 10.8 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties' intentions and purposes in executing the Agreement.

§ 10.9 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AJA Document E203™-2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission , and exchange of digital data.

§ 10.9.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203™-2013, Building Information Modeling and Digital Data Exhibit, and the requisite AJA Document G202™-2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees.

ARTICLE 11 SPECIAL TERMS AND CONDITIONS

Special terms and conditions that modify this Master Agreement are as follows:

(Include other terms and conditions applicable to this Agreement.)

«Not used.»

ARTICLE 12 SCOPE OF THIS MASTER AGREEMENT

§ 12.1 This Master Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Master Agreement

10

10

AIA Document 0121· - 2018. Copyright© 2014 and 2018 by The American Institute of Architects. All rights reserved. The"Amecican Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permiraaion. This draft was produced by AIA software at 14:12:25 ET on 08/21/2020 under Order No.5056892246 which expires on 08/21/2021, is not for resale, is licensed

for one-time use only, and may only be used in accordance with the AIA Contract Doc ument sr · Terms of Service. To report copyright violations,

may be amended only by written instrument signed by both the Owner and Architect.

§ 12.2 This Master Agreement is comprised of the following documents identified below:

1. AIA Document B121™- 2018, Standard Form of Master Agreement Between Owner and Architect

   
   

2. Exhibits:

   (Clearly identify any other exhibits incorporated into this Master Agreement.fl

   
   

   (( »

   
   

3. Other documents:

(List other documents, if any, forming part of the Master Agreement.)

« ».

This Master Agreement entered into as of the day and year first written above.

OWNER (Signature)

(( »<'< })

ARCHITECT (Signature)

,<( •)) ( ))

(Printed name and title) (Printed name, title, and license number, if requir.edy·

AIA Document a121• - 2018. Copyright© 2014 and 2018 by The American Institute of Architects. All rights reserved. The"American Institute of Architects," ''AIA," the AIA Logo, and "AIA. Contract Documents" are registered trademarks and may not be used without per, 1,;.!! l crn . This draft

wasproduced by AIA software at 14:12:25 ET on 08/21/2020 under Order No.5056092246 which expires on 08/21/2021, is not for r sale, is licensed 11

for one-time use only, and may only be used in accordance with the AIA Contract Documents Terms of Service. To report copyright violations,

CRA RESOLUTION: 2020-46

A RESOLUTION OF THE CITY OF WILLISTON COMMUNITY REDEVELOPMENT AGENCY (CRA) ADOPTING A BUDGET FOR THE TAX INCREMENT FINANCING DISTRICT FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2020; PROVIDING AN EFFECTIVE DATE.

BE IT RESOLIVED BY THE GOVERNING BOARD OF THE CITY OF WILLISTON COMMUNITY REDEVELOPMENT AGENCY AS FOLLOWS:

SECTION 1. That the budget of the City of Williston Community Redevelopment Agency Tax Increment Financing District, summarized as to estimated revenues, appropriations and transfers by fund is set forth as shown in Exhibit A attached herein and is hereby adopted and approved as the final budget for the City of Williston Community Redevelopment Agency Tax Increment Financing District for the fiscal year beginning October 1, 2020.

SECTION 2. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.

SECTION 3. This Resolution shall take effect October 1, 2020.

CITY OF WILLISTON COMMUNITY REDEVELOPMENT AGENCY

Approved: ----------­

Nick Williams, Chairman

Attest:

Latricia Wright, Acting City Clerk

CRA

Fun·d

• 31 •

CRA Fund - FY 2020/21 Budget

REVENUES/SOURCES

TOTAL REVENUES/SOURCES 670,874 227,418 536,442 233,478 512,248 -4.5%

EXPENDITURES/USES

CRA Fund - FY 2020/21 Budget

EXPENDITURES/USES (continued)

403-552-060-066 Veteran's Memorial Park 37,176 n/a

Total Capital Outlay 509,149 258,458 390,436 159,471 374,318 -4.1%

1. Aid To Private Organizations 10,000 10,000 10,000 0.0%

   

   Total Non-Operating Expenditures 10,000 10,000 10,000 0.0%

   
   

   

   TOTAL EXPENDITURES/USES 670,874 370,474 536,442 293,679 512,248 -4.5%

   

   
   

   

   REVENUES OVER (UNDER) EXPENDITURES $ $ (143,056) $ $ (60,201) $ n/al

   

   

   

   
   

   
   

   Date: September 14, 2020 CRA AGENDA ITEM

   SUBJECT: PREPARED BY:

   Heritage Park - NW 4th - NW 5th - Conceptual Design Jackie Gorman

   BACKGROUND / DESCRIPTION:

   
   

   Attached you will find a Conceptual Plan for the final phase of Heritage Park (N side of Noble) from NW 4th Avenue to NW 5th Avenue. The items listed on the bottom (Benches, sidewalks, DOT lights) are in stock and just need to be inst all ed. The items listed on the top (bollards, conduit, wire, concrete, etc.) need to be purchased and installed.

   
   

   You have already discussed the need for the brickwork around the gazebo to be done. This will entail removing the bricks, pouring a concrete base and replacing the bricks. Please review and be prepared to discuss any other improvements needed in this area. After the conceptual has been completed we will prepare an estimate for the entire job and bring back with a recommendation for moving forward.

   
   

   LEGAL REVIEW: None

   
   

   FISCAL IMPACTS: None at this time RECOMMENDED ACTION: Discussion ATIACHMENTS:

   CONTRACT LEASE

   RESOLUTION MAP

   
   

   _X_ OTHER DOCUMENTS (Conceptual Plan)

   CONSULTANT OR PARTY TO ACTION HAS BEEN NOTIFIED

   
   

   CRA BOARD ACTION:

   - - -

   APPROVED

   DISAPPROVED

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   CITY OF WILLISTON COMMUNITY REDEVELOPMENT AGENCY

   MINUTES

   
   

   DATE: MONDAY, July 13, 2020

   TIME: 5:30 PM

   PLACE: CITY COUNCIL CHAMBERS CALL TO ORDER AND ROLL CALL

   Chairperson Williams called the Community Redevelopment Agency meeting to order at 5:28 p.m. Roll

   call was taken with the following community redevelopment agency members present:

   
   

   Nick Williams -Chair

   Ken Schwiebert -Vice Chair

   Art Konstantino Mike Langston

   Jonathan Lewis -Treasurer (arrived 5:37)

   
   

   OTHERS PRESENT

   
   

   Jackie Gorman, City Planner Laura Jones, Secretary

   
   

   APPROVAL OF MINUTES

   
   

   Minutes from June 8, 2020 meeting had been sent to the CRA members. After reviewing the minutes, Chairperson Nick Williams asked if there were any corrections or additions to the minutes. Dr. Ken Schwiebert, Vice Cahir moved to accept the minutes as printed. Mr. Konstantino seconded to approve the minutes as written. The motion carried 5-0.

   
   

   Minutes from June 15, 2020 (Budget Workshop) meeting had been sent to the CRA members. After reviewing the minutes, Chairperson Williams asked if there were any corrections or additions to the minutes. Mr. Schwiebert moved to accept the minutes as printed. Mr. Konstantino seconded to approve the minutes as written. The motion carried 5-0.

   
   

   CONSENT AGENDA - None TREASURER'S REPORT - None PUBLIC COMMENTARY - None NEW BUSINESS

   1. Matt Crandell - Presentation (future project proposal)

      
      

      Mr. Crandall presented an "incubator business" concept to place where the John Patrick building is which was purchased by the City. He would like to do this before the new building is built to bring excitement to the downtown area. The concept is that it would

      

      
      

      be a little community of shops that can grow and eventually move into a brick and mortar building. He is interested in creating a plan if the CRA would be open to it. Mr. Williams would like to see a plan. Mr. Schwiebert is in favor of exploring this idea further. Mr. Crandall discussed the need for musical theater and how it can make the City a destination.

      
      

      Ms. Debra Jones (Council Member) asked if Mr. Crandall had given thought to Block Zero. Mr. Crandall is expecting to move the incubators when it grows and would prefer to have it in Block 12.

      
      

      Ms. Gorman handed out to the BRA Board the draft marketing flyer. It points out there are 21,252 people within a 10 mile radius of the City and they are leaving to spend their money. The idea they are working on is keeping Williston's charm while revitalizing.

      
      

      Mr. Langston thinks this is a practical idea and would like to see the project proposal. Continued discussion regarding public/ private partnerships.

   2. Sharon Brannan - "Pressure wash/paint the downtown"

      
      

      Sharon Brannan, Chair of Code Enforcement, presented a plan for immediate improvement of Block 12 with some clean-up and fresh paint. If the CRA has extra money it should be used to hire a pressure washer and painter. The Council asked Ms. Gorman to reach out to the owners at the last meeting and seek their permission. Ms. Brannan received estimates of $17,000 for pressure wash and paint and $4000, and $6000 for just pressure washing.

      
      

      Mr. Williams, we have a fa<;ade grant program. Although this would fit under the fa<;ade grant, it would be problematic for the "CRA to foot the bill for certain businesses". The fa<;ade grant is 50/ 50 but the property owners have to contribute as well. Not to reject the idea but this is what the grant program is for. Then if the people don't sign up, you can't have it% painted. Mr. Williams, "that is a problem". "I thought the CRA has extra money for Block 12 to spent at your discretion," Ms.

      Brannan. Mr. Konstantino said, "you cannot force a business owner to do something unless it's a code violation." "We have an inept code," said Ms. Brannan. Chapter 48 was discussed by Ms. Gorman and Ms. Brannan.

      
      

      Mr. Lewis thinks this would be a good test to see if the business owners are on board with changes because if they aren't the CRA should start looking at other options, maybe, "bulldoze the whole block".

      
      

      Ms. Brannan thinks she could raise the money on a GoFundMe. Ms. Gorman thinks changing the fa<;ade grant is a good idea. Ms. Brannan's idea of giving it a good bath is a great idea, but she needs a chance to how this would work. Dr. Schwiebert, said he wants to see guidelines.

      The Board further discussed how to move forward. Mr. Williams said they have the right to adjust the grant but they have budget discussions right now. Ms. Gorman clarified where they are with the fa<;ade grant plan for Block 12.

      
      

      Mr. Williams said his main agenda is the parking lot. Nothing is being put off but we don't want to spend money and have to redo it a short time later. The impatience is shared but we are not looking at many years down the road. This agency is term limited. We have 10 years left to go and there are problems as to why progress has not occurred at the speed we want.

      
      

      There was discussion about the type of fa<;ade. Brick verses stucco. Ms. Gorman said one owner wants to know the return on investment of the improvements. The RFQ for the consultants is due July 15th, They will assist with the pricing and

      
      

      Mr. Lewis is not concerned about people whining down the road. He is concerned about participation and there may need to be generational changes before there is movement across the street.

      
      

      Audience member (Mr. Schmidt) mentioned removing the plywood over the glass squares to retain character of the building. Mr. Lewis doesn't think the plan retains the character at all.

      
      

      Debra Jones (audience) fa<;ade is a payback program and people don't have $5000 to put up front. That needs to be rewritten. Which is tough for some people, they just don't have it. And some owners don't want all the businesses the same color. You don't want to stucco the bank building.

      
      

      Ms. Brannan - If you look at what they did at Butler Plaza it looks great. My phone keeps getting blown up because I'm Chair of Code Enforcement...its making me not want to be on the Board of Code Enforcement. No one has been able to make this happen.

      
      

      They discussed the FRA and contacting them for information.

      
      

   3. Corner Post - Revised plan for signs (Jackie Gorman)

      
      

      Ms. Gorman review the corner post sign program. Mt. Dora has a program we like and we like their design. Mr. Lewis motioned to accept new design. Mr. Williams, does $75 per sign cover the cost? Ms. Gorman will make sure the fee is based on cost. Dr.

      Schwiebert seconded the motion. The motion carried 5-0.

      
      

   4. Sidewalk Maintenance (Pressure Wash) - Nick Williams

      
      

      Mr. Williams discussed the importance of pressure washing and he has brought this up before. He would like to see money set aside in the budget to help with neglect of sidewalks and basic maintenance.

      
      

      

      Ms. Gorman suggested starting from the center of downtown and working our way out. She will also get with CJ Zimoski (Utilities Manager) and the DOT.

      
      

   5. Irrigation at CihJ Hall - Update (Jackie Gorman)

      
      

      Ms. Gorman inquired and could not find evidence of irrigation at City Hall. If they do put it back it will be a public works project.

      
      

   6. Banner Arms (22) & Selection of Banner (Laura Jones)

      
      

      Banners for Heritage Park, custom made 5 designs to chose from. She didn't have to final cost because she doesn't have the correct sizing yet. There are 3 different fonts also. Discussion about which ones were liked the most and what changes could be implemented occurred.

      
      

   7. Budget Update (Jackie Gorman)

Ms. Gorman, mentioned the budget meeting in front of Council is the following night. Ms. Gorman talked to Steven Bloom (Finance Director) and he said be careful what details you want.

Mr. Williams and Ms. Gorman discussed adjustments from the last fiscal year. $47,000 in materials and supplies were added and it is unclear where that money was used because there is no detail. Mr. Lewis, "nothing should be charged to anything without being approved by us." Mr. Williams requested Mr. Lewis be at the meeting with Council.

Mr. Williams would like to know if the allocation for salaries is accurate. Ms. Gorman will verify salaries. Mr. Lewis thinks financial services should be $3,500 at most.

Mr. Williams wanted to know if is it appropriate to bring up forfeiting the operating expenses tomorrow night? Ms. Gorman told him it might be a good time to address it.

Dr. Schwiebert explained the City/County taxes and none of the money coming in from the County should be going to the City and should strictly be for the CRA to use for projects. Ms. Gorman also mentioned she thinks the CRA started 2002 because that is when the Tiff started to be redirected. That give the CRA may continue until 2032 instead of 2029. Ms. Gorman will look into it.

Dr. Schwiebert and Ms. Gorman explained that too much money has come out of the CRA into the general fund for operating and balancing the budget and if that money had stayed in the fund a lot more could have been done. Mr. Williams recalled one year the entire TIFF revenue for the CRA went to balance the General Fund. Ms. Gorman is unsure how the auditors never caught it but she doesn't want to backward in time. They continued to discuss how much more they could've done if they had the funds they were supposed to have in the CRA fund in the past and how that can be remedied in the future budgets.

OLD BUSINESS - NONE

STAFF ANNOUNCEMENTS

1. Joint Workshop with City Council to discuss future of CRA projects/funding (Jackie Gorman)

   
   

   No time for the workshop. This was taken off the table.

   
   

2. Reminder -RFQfor Architect Services due 7/15/2020

FOCUS GROUP

Reviewed the June 29th meeting. Discussed if these meetings were working out after the CRA meeting, and when the next meeting should be held. Reviewed research on grants. The future management of the facility and uses and who would want to use it was discussed. Discussed grant writing and the effort and expertise needed. Ms. Gorman said the key is getting the right people in the right position. Ms. Schwiebert discussed grant writing abilities at the Unity Family Community Center and they give classes and they could help with the grants.

Mr. Crandall thinks starting with the building is, "putting the cart before the horse" and the organization needs an executive director first. The quality of the theater has to be at a level where it will be successful. It can be a multi-use facility but the local kids' groups cannot maintain a preforming arts theater.

Ms. Gorman, discussing fundraising, wants to get the community involved in everything from the beginning. Mr. Crandall also said from the very beginning the quality of the preference and performers, including big names, must be established.

Mr. Crandall recommend open-air performances where the building will potentially go. Ms. Gorman is looking for the options from now until the ground is broken.

Ms. Jones wants everyone to know that the corporate sponsors for the Levy Co Fair will be looking for something to sponsor since the fair has dissolved.

NEXT MEETING DATE(S) -

Regular Meeting - July 13, 2020 5:30

Focus Group - July 30, 2020 5:30

ADJOURNMENT - 7:04

NOTICE:

IF A PERSON DECIDED TO APPEAL ANY DECISION MADE BY THIS COMMITTEE WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING, HE WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE, THEY 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.

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Minutes of the CRA meeting may be obtained from the Department of Community Development. The minutes are recorded, but not transcribed verbatim. Persons requiring a verbatim transcript may make arrangements with the City Clerk to duplicate the recordings or arrange to have a court reporter present at the meeting. The cost of duplication and/or court reporter will be borne by the requesting party.

In accordance with Section 286.26. Florida Statutes. persons with disabilities needing special accommodations to participate in this meeting should contact the City Clerk's office no later than 5:00 P.M. on the day prior to the meeting.

Nick Williams, Chair

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