MINUTES
Volusia ECHO Committee Workshop

September 12, 2001
County Council Chambers
DeLand, Florida

Members Present Staff present
Gary Libby, Chair 
Janet Williams, Vice Chair
Teri Ford Cobean 
Marc Davidson 
Linda Hargreaves
Charles Matousek
Roy Schleicher
Margaret Hodge, ECHO Program Manager
Ruby Barnett, ECHO Program Assistant
Connie Teeters, Recording Secretary

Visitors (signed in)

Jim McGee 
Gail Henrikson
Jack Corder 
Dinah Pulver
Becky Adams 
Leslie Butler
Tom Harowski 
Irene Johnson

I. Call To Order, Introductory Remarks, Roll Call:

Chair Libby called the meeting to order at 3:00 p.m., and staff conducted Roll Call of members. Allen Green was absent (excused) due to illness. Members of the audience were asked to stand and introduce themselves.

II. Approval of Minutes:

Member Davidson MOVED to APPROVE the minutes of the August 22, 2001 meeting. Ms. Williams SECONDED the motion. Mr. Schleicher moved to APPROVE the August 8, 2001 minutes and Ms. Hargreaves SECONDED the motion. All Minutes were unanimously approved.

III. Staff Report:

Ms. Hodge stated the September 12, 2001 meeting package included copies of the agenda, draft minutes which were just approved, a copy of the revised RFIA, noting only a change was made on the map, a copy of the signed by-laws, the most current draft of the application, draft Index page of the Needs Assessment Map, and a letter from the City of New Smyrna Beach.

Ms. Hodge said she has met with County Legal, Finance and Contract Administration office staff to get additional information to enter into the application for the needs of the County. Ruby Barnett has been working on the RFIA and Needs Assessment with Tom Scofield. RFIA forms were sent out. There has been an overall good response by interested applicants.

IV. Old Business

DRAFT APPLICATION:

Mr. Libby asked for a motion to adopt the RFIA as amended, Ms. Hagstrom so MOVED and SECONDED by Ms. Williams. Mr. Libby asked for discussion. There was no discussion. The motion was unanimously passed.

Mr. Libby presented to the committee the draft Grant Application (9-07-01), stating the document included all the amendments that had been discussed. Ms. Hodge directed the committee to look at three items in the table of contents. Two items were moved up in the Index and one was deleted from the Index.

Mr. Libby asked for each member to comment on the application.

Ms. Hagstrom:

(1) Page 3, of the application Under the Applicant Eligibility Requirements: heading. Ms. Hagstrom wanted to strike the word "one of" in the first sentence. The committee agreed.

(2) Page 5, under the heading Application Timetable. Ms. Hagstrom believed that March was too late and January would be more appropriate with February as a cut off date.

Mr. Libby stated that the timetable was a decision make by the staff.

Ms. Hodge stated that the time was critical. It relies on how quickly this application gets through to the County Council and the current time frame is "worse case scenario."

Ms. Hagstrom wanted to go on record as saying she felt that the time frame needed to be sooner.

Mr. Libby wanted to pass the document today and after the County Council looked at it go back and look at changing the dates.

Ms. Hodge suggested if we were going to change the date to do it before going to Council.

Mr. Libby asked Ms. Hagstrom if she had a date in mind and she suggested January 10th.

Ms. Hodge stated she felt hesitant to make any type of changes to the dates today. This would still be an option later after the Board approves the rest of the document.

Mr. Libby suggested specifying the dates at the next meeting.

(3) Page 12, under the Application Evaluation, the high and low score. The committee agreed to not have a high and low and the Chair would have the deciding vote if there was less than a majority of the members present at the meeting. The committee decided to discuss this at a later time.

(4) Page 13, Under the heading Multiphase Time Limit, the word "not" needs to be left out.

(5) Page 14, under the heading Funding Caps, the sentence stating "and may apply in only 3 of 5 consecutive years for the same project" needs to be deleted. After discussion the committee decided to put a period after the word "length" and delete the rest of the sentence.

(6) Page 22, the example Income Chart needs to be detailed. The statement below the chart states the applicant must be detailed in a list within the narrative and yet there is no example of a detailed list on the chart. Ms. Hodge reminded the Board that staff was asked to simplify some forms and that is why the detailed list of funding sources was moved to the narrative. This way the applicant could maintain the same form for cumulative dollar totals and include details of funding sources in whatever format was available to them within their narrative. The committee agreed that "Individual Donations" could be one lump sum but Corporate, Grants, Municipal, and Fundraising events must be identified separately.

After much discussion among the committee Ms. Hagstrom made a motion to break down the Income section by example and detail as the Board had just agreed upon. Ms. Hargreaves 2nd the motion. The motion passed 5/1, with Mr. Matousek dissenting.

(7) Page 27, the last paragraph of Restricted Covenants states "If your applicant" is funded should say "If your application" is funded.

Mr. Davidson:

Page 14, Project Extensions says "extensions may not exceed 90 days" and on page 7, it says "up to nine additional months."

Ms. Hodge stated that the 90 days was not correct any more and it should be up to 9 months. After further discussion with other County Staff she felt that would best serve the Department and the applicants if it read 365 days.

Mr. Libby stated that the committee would decide what amount the extension should be up to the 365 days maximum. Then the applicant would have to come back to the panel.

Mr. Libby stated the applicant has the first 12 months to set up contractors and the second 12 months to finish the project and to pay for the encumbered amounts.

Mr. Matousek stated that on the top of page 13 it states 21 months.

Ms. Hodge stated the language had already been changed in the working draft but she would go back and make sure these figures were consistent throughout the document. She added that the term "365 days" would be preferred over "12 months".

After much discussion a MOTION by Mr. Davidson moved to change it to 365 days. Ms. Hargreaves SECONDED the motion. Move to approve was unanimous.

(2) Page 19, The language "The time limit for claiming real property acquisition as match is not limited but may be used only once", was confusing.

Ms. Hodge recommended that the sentence read as follows: "The fair market value of real property could be used as match regardless of when the property was purchased or donated, and may be used only once as ECHO fund match". Only the value of the land used for the capital project maybe used for match. Ms. Hodge stated she included this in case of large tracks of land with capital construction facility as a main project.

Mr. Matousek MOVED to use the change in the application language as written by Ms. Hodge, on page 19. Ms. Williamson SECONDED the motion. There was no more discussion. There was a unanimous vote to use this statement.

(3) Page 20, Matching Funds. He suggested to say, "in-kind support can only be 50% of the match" in each section. It is further down in the document but he would like to see it here in this section as well.

Ms. Hodge stated that this information is clearly written in the instructions and felt if important to leave the language as it is written because it might be confusing to the applicant if instructions appear duplicative or is only partially explained in various areas of the document.

Mr. Schleicher:

(1) Page 7, "Review Panel Meeting" and the time schedule. There needs to be plenty of time to get the paper work done and give us and staff plenty of time to do so.

(2) Page 9, the "Exceptional Project". Where it says, "by ¾ absolute majority votes of the committee." How many people is this? The committee decided 7 for Committee and 5 for the Council. If everyone is not present then you still need the same amount of votes. If fewer members are present the Chair will determine the "super majority" number.

Ms. Cobean questioned the box to mark for "Exceptional Project" on the Application Form, Tab 1. Does the applicant or the committee determine what is an Exceptional project?

Ms. Cobean stated there are several places in the application where it refers to the Exceptional Project and the Unique Project. One time on Page 9 where it talks about definitions and one on Page 14 where it talks about Grant Funding Amounts. It says the maximum grant-funding amount is $500,000 annually. The maximum amount is not specific in this section regarding whether an Exceptional Project gets additional funding over several years.

Mr. Libby wanted to know what the feeling of the panel was for the Exceptional Project. What is the reason that we would like to exceed the $500,000 maximum for each year for 3 years for a single project?

Ms. Hodge stated that it was the staffs understanding that the consideration of an application for an Exceptional Project would be annually and that annual funding was based on the decision of this board. Multi-phase also would come back annually.

Ms. Williams asked if an Exceptional Project was ranked as exceptional where it might receive funds left over after funding other ranked projects at 100 % funding or was it funded first at 100% of its request and all other projects funded with the dollars the Exceptional did not receive? The Board discussed several options and decided to discuss this at another meeting.

Mr. Matousek stated that the first year we would be short on funds and the Exceptional Project should be eliminated the first year.

Mr. Libby asked for a motion of the definition of a special project to include the number of votes required and the distribution.

Mr. Davidson moved the definition of the exceptional project that meets the criteria of the application and receives a vote to be granted at a vote of 7 of 9 committee members and 5 of 7 of County Council members. The applicant should be granted first and the amount of money to be received should be granted in full. There was no SECOND to the motion and the motion failed.

Ms. Hagstrom MOVED that there be 7 of the 9 committee members votes for an Exceptional project and 5 of 7 for County Council. Ms. Hargreaves SECONDED the motion. There was no discussion and the motion unanimously passed.

Ranking was discussed further and after much discussion the consensus of the members was that an Exceptional Project must be in the top 3 ranked applicants to be funded as an Exceptional Project.

Mr. Davidson made a MOTION to accept the written definition of an Exceptional Project as written in the application with the exception of the checking of the box on the application page. Ms. Hagstrom SECONDED the motion.

Board consensus was that an Exceptional Project status would require the applicant to respond to an additional addendum page.

Mr. Davidson restated the MOTION to accept all language of the draft of 9-7-01 application on pages 9 and 14 regarding Exceptional Projects with the amendments as for the 7 of 9 Committee members votes and 5 of 7 of the Council votes and eliminating the box on the front of the application for Exceptional Project. Ms. Hagstrom SECONDED the motion. There was no other discussion and the motion passed unanimously.

Mr. Matousek made a MOTION to not have an Exceptional Project the first year. The motion was SECONDED by Mr. Schleicher. After discussion and a roll call vote the motion passed with 5 members voting " yes" and Ms. Hargreaves, Mr. Schleicher and Mr. Davidson voted "no."

The Unique Project. Mr. Matousek said he did not like the use of unique and asked that Mr. Gummey consider another descriptive word like "small". Ms. Hodge reminded the Board that "small", might not be enough and "Small Unique" was an alternative. She then recommended that the same language regarding the number of required votes be added to this as it was to "Exceptional Projects."

Ms. Hodge noted this needed to be changed for the Exceptional Project as well.

Ms. Hagstrom made a MOTION to also add the vote of 7 of 9 committee member votes and also 5 of 7 votes from the County Council to the Unique Project definition. Mr. Schleicher SECONDED the motion. There was no discussion and the motion passed unanimous.

Ms. Cobean asked that the box on the application for Unique Projects be taken out along with the Exceptional Project box. Also, page 14, under the topic "Grant Funding Amounts" where it states "a Unique Project may receive less than the minimum grant funding amount." The language needs to be changed to may apply for less than the minimum instead of may receive less than the minimum.

(4) Page 15, Under Non allowable costs. Mr. Matousek asked if permit fees were allowable? And stated that this could amount to a lot of money on behalf of the applicant. He stated that he was okay with allowing permit fees.

Ms. Hodge stated that she thought the applicant was responsible for permits and fees according to the draft agreement, which the Board has not seen, but would check with other staff.

Mr. Matousek:

(1) Page 3, item number 2 of the Application. The items say, "The organization does not owe the County of Volusia any money or have any outstanding violations of Volusia County Code of Ordinances." The concern was that this could hold up a lot of applications due to municipality disputes with the County.

Ms. Hodge stated this was put in by legal and is not negotiable but she would bring it up to legal along with item #6 again.

Mr. Schleicher remarked that hopefully common sense would prevail in these matters. He felt the language would be okay the way it was.

(2) Page 17, Project Team, Management Prospectus and Policy Statement and Professional Certification. The smaller projects would not be able to have a project team. Is it feasible to ask for things that do not exist?

Ms. Hagstrom stated that they should have a plan and a contractor and that would be sufficient.

Mr. Schleicher wanted Professional Certification to ask for an engineer "and/or" a contractor instead of ask for both. The Board agreed.

Ms. Hagstrom found an inconsistency on page 16 and 31 of the application under ECHO category #8 it says select one and under the application it says select all that applies and it needs to be consistent. The Boards’ revision was to "select all that apply".

Mr. Libby asked if there was any other discussion on the draft application.

Ms. Hagstrom MOVED that we forward the draft application to the County Council. Mr. Davidson SECONDED the motion. There was no discussion and the motion unanimously passed. Ms. Hodge added she preferred it to come back to the committee at their next meeting before going to the Council. The Board agreed to review the draft again at the next meeting.

New Business

Conflict of Interest:

Mr. Libby wanted to go over the conflict of interest issue that has been brought up by members due to some of the members holding positions on other committees. Mr. Gummy has been consulted and Ms. Hodge will get a copy of the State Conflict of Interest and have it for the committee at the next meeting.

Mr. Schleicher had gone to his attorney and submitted a copy of a letter to staff for the record. The letter stated his attorney’s opinion that he is not in conflict, as he works for an agency not a city. However, he will refrain if any issue arises concerning his organization.

VI. Public Participation

Irene Johnson of the African American Museum of Arts wanted to know if the application states that leased property or mortgaged property is a match. For multi phase projects, can phase I be used as part of a match for phase II and can phase II be used as part of a match for phase III?

Mr. Libby’s response was that mortgaged property could be used as a match because the payment of the mortgage fee is part of the general operating expenses. The portion of the land needed for the project but only that portion. The phase I and phase II match can not be used for the next phase match.

Tom Harowski of the City of New Smyrna Beach had several issues he wanted clarified.

(1) Professional Certification, and Budget detail structure on page 19. He felt it was not helpful and created a lot of extra work on the part of the applicant. It would be extremely difficult in getting detailed information of this sort. He can not bid the project before applying. He has to completely design and bid the project before giving this information to get realistic numbers. As a municipality he has to do RFP’s to get the professional people and the bid for a project is only good for 60 to 90 days and by the time it gets to the County Council the bids would no longer be good.

Mr. Libby stated that the applicant was required to give technical and detailed information in the narrative.

(2) Matching funds on page 25. As Mr. Harowski understood the application he was not allowed to use loans or bonds to get the match money. Grants and borrowed money is standard procedure for the City to get money to use for projects.

Mr. Libby stated that if he had an approved bond issue the application should state this as cash.

Mr. Harowski was confused about the wordage in the application.

Mr. Libby stated he could go into the application with and IOU from the City and get the grant and pass a bond issue and substitute those dollars and still satisfy the terms of the grant.

Mr. Harowski stated it needed to be clarified.

Ms. Hagstrom stated he could use a copy of minutes from a meeting where the money was pledged and it could be used for the application match. We need to know it is a viable project.

Mrs. Hargreaves stated as long as the City is obligated to pay back the money. That is all that will be needed.

I3) The amended process concerned him and wanted to know any changes that might have been made or added.

Mr. Libby stated that there is draft language on amendments in the application.

Mr. Hodge read the section Changes in Project Scope or Venue on Page 14 for him.

Much discussion was held on this issue as to the process.

Ms. Cobean asked what process the City used to apply for State grants if their process is so different.

Mr. Harowski stated in the past projects, such as the Historical Society, the land was given to them and they then applied for the grants. To the knowledge of Mr. Harowski they have not applied for Cultural grants.

Mr. Schleicher stated that the City has a different process of getting bids. This is a great opportunity for the City and the County to work together.

Mr. Libby stated they would look over the application and see if they could fix some of the language to be more understandable. He asked Ms. Hodge to meet with Mr. Harowski.

Ms. Hodge stated that staff was willing to take new ideas and adjust where possible, however, the Contract Administrator and Finance for the County had been consulted on details for this application and they approved it as is.

Mr. Harowski asked about changes in construction figures. Is there a form to fill out for such changes in the application to make small number changes in figures?

Mr. Harowski expressed interest on the issue Mr. Matousek brought up on Eligibility on non-program issues. He expressed concern about debt owned between the City and County and hoped it would not make the city ineligible for grant money.

Mr. Harowski stated that time to implement is a concern and he hoped the committee would look at a 3-year completion on a project.

Audit issues and submitting audits for 3 years after the project is gone. Does a project need to have an audit for three years if the project is finished in one?

Mr. Libby stated that if the project was finished there would be no need to do an audit.

Mr. Schleicher said that Mr. Harowski is the only municipality representative at this meeting and there will be plenty of other questions from other representatives in the future. Ms. Hodge will be able to answer those questions as they come up.

VII. September/ October meeting dates

The next meeting dates will be September 26, 2001 at 3:00 p.m., in the County Council Chambers, Thomas C. Kelly Administration Center, 123 W. Indian avenue, DeLand 2nd floor.

Ms. Hodge stated that on October 24, there will be a health function for County employees and it may be harder to find parking on that date so come early.

Adjournment

Mr. Schleicher MOVED to ADJOURN the meeting. Ms. Hargreaves SECONDED the motion. The meeting adjourned at 6:00 p.m.

Minutes Approved_______________________

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Chair Date

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Program Manager Date

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