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Minutes 02-27-03MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY WORKSHOP HELD IN WEST WING, CONFERENCE ROOM C, CITY HALL, BOYNTON BEACH, FLORIDA, ON THURSDAY, FEBRUARY 27, 2003 AT 6:30 P.M. Present Larry Finkelstein, Chairman Jose Aguila Alexander DeMarco Don Fenton Jeanne Heavilin, Vice Chair Michelle Hoyland Doug Hutchinson, CRA Director Lindsey Payne, Board Attorney Absent Henderson Tillman I. Call to Order Chairman Finkelstein called the meeting to order at 6:30 p.m. II. Workshop Chairman Finkelstein suggested the following changes to the agenda: Item B (Way Finding Signage) would be heard first and Item D (Consideration of PBC Convention & Visitors Bureau Board Seat) would be tabled because the Board cannot vote at a workshop. B. Way Finding Signage (addressed out of order) Bob Trescott, a representative of Guidance Pathway Systems, Inc., was present and referred to the design packet that was distributed. The most recent submittal was dated February 4, 2003. Also included in the packet were submissions from January 2, 2003 and December 16, 2002. Chairman Finkelstein explained that he and Mr. Hutchinson met with Mr. Trescott, but the other members have not seen the entire design packet. He requested that Mr. Trescott present a brief overview of how they arrived at the most current design plans. A package of four signs was presented and reviewed. First reviewed was the gateway design, which expressed the design intent for the family of signs. This same concept was applied to "directional/information" signage, "locater "sign, and lastly the street name sign. These signs were presented as Design Option 2, Revised dated February 4, 2003. Workshop Minutes Community Redevelopment Agency Boynton Beach, Florida February 27, 2003 There were four directional/information signs presented that were color coded to represent various districts. Also, each of these four signs had a different rendering of the City's logo on top of the sign, which members reviewed at length. Also included in the design package were the color palettes and typography. Mr. Aguila inquired about the cost of the various signs. Mr. Trescott explained that anywhere a message is contained on the sign, it would be made from sheet vinyl and it would not make much difference what is put on the sign because you are paying for the sheet vinyl. Mr. Aguila inquired if the cost would vary if the sign was filled at the top or the bottom with color. Mr. Trescott noted that these sections of the signs to which Mr. Aguila referred are made from laser cut aluminum, and it would not really matter because as in the case of the vinyl, you are paying for the aluminum. With regard to the directional/information sign, Mr. Aguila preferred Option B that had the top half of the sign filled in. He felt that this displayed the district color better. Mr. Trescott also pointed out that some of the colors in the signs match the colors of the street lamps already in place. With regard to the street sign, members preferred the sign that did not include the City's logo on the opposite side. Ms. Hoyland suggested puffing the logo in the blade of the sign. Mr. Trescott stated that there is a national guideline to make street names as large as possible and if the logo were placed in the blade of the sign, this could not be achieved. It was agreed that the arch on the street sign would be filled in with the appropriate district color. Members chose street sign unit #3 with color in the arches. With regard to the color option, after discussion, members chose Color Option B. Chairman Finkelstein inquired about signs for special events. Mr. Trescott said that any of the large signs could be used for special events by utilizing removable panels. Vice Chair Heavilin inquired why the signs were single sided, as opposed to double sided. Mr. Trescott said that double sided signs were possible on smaller signs, but it would not be worth doing on a major roadway because people would not see a sign on the other side of the road. Mr. DeMarco suggested putting advertising on the signs. Mr. Hutchinson pointed out that there is a prohibition against banners in the City. Also, Mr. Trescott noted that most of the signs would be in the public right-of-way and this could cause problems with the DOT and the County. 2 Workshop Minutes Community Redevelopment Agency Boynton Beach, Florida February 27, 2003 Next discussed was the typography. Mr. Trescott said it was important to have the lettering in the simplest possible typeface. Chairman Finkelstein requested that Mr. Trescott bring back another set of drawings based upon tonight's directions. Mr. Trescott reviewed on a map of the CRA District, as well as other areas in the City, the location for all possible signage. Chairman Finkelstein requested that Mr. Trescott revise the map to include only the CRA District. Vice Chair Heavilin asked Mr. Trescott to come back with more colors and Ms. Hoyland said that she would like to see some red. Members agreed that they were satisfied with the two shades of blue and the white as the base colors. Mr. Trescott said that how a color looks on a swatch, does not always come the same when it is applied. Chairman Finkelstein requested that Mr. Trescott bdng in some color chips. It was decided to go with Design Option 2 as displayed on Family of Signs, Revised 2-4-03, but going with Option #B for the informational/directional sign and the blade sign would not have a City logo on it. Vice Chair Heavilin inquired about the price. Mr. Hutchinson responded that this would not be known until the signs are designed. At that point Guidance Pathway Systems will come back with prices based upon the designs chosen. Mr. Trescott felt when he came back, he should be able to provide some price estimates with options. A. HR Presentation (addressed out of order) Attorney Payne stated that she received three written quotes and chose Management Partners, Inc., and Lorri Barefoot was present on their behalf. Attorney Payne chose this company not only for their price, but because they had experience with governmental agencies. She stated that she furnished them with the CRA's existing policy, the City and Delray Beach's policies, the three non- executed employment contracts with the employees, and some background information. From what Attorney Payne furnished, the document presented was prepared. Attorney Payne received the document on Friday and she and staff reviewed it. Staff's comments are contained in green on the document. Lorri Barefoot stated that she works for HR Management Partners in their Palm Beach County Office located at 3190 Mariner Way, Lantana, Florida 33462. Ms. Barefoot noted that the project was handled at their corporate office, but she was asked to attend tonight's meeting to present an overview of what was done and to submit their recommendations. If she is unable to answer any questions, she will refer them to staff. 3 Workshop Minutes Community Redevelopment Agency Boynton Beach, Florida February 27, 2003 Ms. Barefoot stated that she only reviewed one employment contract and did not receive the others. Since submission of the policy, and after speaking with Attorney Payne, she has determined that the Board is looking for a more streamlined version of the manual and that some of the areas in the manual do not apply to the CRA. She pointed out that they were asked to compare the Executive Director's pay classification and noted that her company conducts an annual online salary survey with the Florida Public Personnel Association and the Florida League of Cities, which was just recently completed. Therefore, the data submitted is current. The salaries surveyed were comparable to the Executive Director in terms of the nature and complexity of work, educational credentials and experience. Those jobs surveyed were Development Directors and Planning Directors. It was found that the salary range used by the CRA was relatively narrow at 19% and usually ranges in public sector jobs range between 35% to 50%. Also included with the Policy is a three page summary memo that highlights certain areas that they wanted to bring to the attention of the Board. She pointed out that even though the Executive Director's salary is a narrow range, the mid and max range were in line with the marketplace, but the Board may want to consider restructuring a new minimum. Ms. Barefoot pointed out that a secretary position is not normally an exempt position and they removed all references to the exemption status. The Federal Labor Standards Act is very hard on companies that have an non-exempt employee working in an exempt status. Next reviewed was the benefits package, which was closely aligned with the City of Boynton Beach, which they consider appropriate since the CRA is a sister agency with the City. Ms. Barefoot did have concerns regarding the retirement plan. They do not recommend implementing a pension plan, but she felt that there was a need to look at the current IRA accounts and the 5% match. Chairman Finkelstein pointed out that the benefits are proposed and have not been implemented. Ms. Barefoot did point out that IRA accounts have specified maximums and are different than wl~at are offered in other types of retirement vehicles. She felt that the aim of the Board was to find a comparable benefit in lieu of a pension benefit program. She said that they reviewed the Executive Director's contract and pointed out that they are not accustomed to seeing employment contracts in the public sector, except for a County Administrator, City Manager, and possibly fire and 4 Workshop Minutes Community Redevelopment Agency Boynton Beach, Florida February 27, 2003 police chief positions. They have not seen contracts involving directors and department head levels within a municipal and county government. Ms. Hoyland inquired when HR Management did their research, did they look at other CRAs, and Ms. Barefoot said that this was not done. Chairman Finkelstein said he could assist HR Management on where to obtain this information. She also noted that all CRA employees are under contract, which is highly unusual, and those contracts provide for a severance of 150 days. It was decided to review the entire document, beginning with the cover letter. Chairman Finkelstein referred to the first paragraph on page 2 in the first two full sentences that read, "It should be noted that the minimum salary offered is substantially higher than the market data report: 18%. Therefore, it is the minimum values and the midpoint values that would be considered for modification." Chairman Finkelstein would like HR Management to research other CRAs and the Florida Redevelopment Association to ensure that this CRA is comparable to other CRAs. He would like all positions researched. Chairman Finkelstein also requested that the research cover an Assistant Director position. He pointed out that the Director and Assistant Director would be contract positions and the Controller, Administrative Assistant and Secretary would be employees. Also, if there were employee positions that were missing, Chairman Finkelstein would like those included. Mr. DeMarco pointed out that when doing the research, the population of the City should be taken into consideration and the activity of the CRA. It would not be fair to compare an inactive CRA to an active one, such as Boynton Beach's CRA. Mr. Fenton did not think it was necessary to perform pay scale research. He said that the CRA sets the pay scale and suggested that the minimum figure be lowered and the maximum pay be increased. Ms. Hoyland complimented HR Management for their research, which was very good, but noted they are comparing the CRA to municipal departments. She felt that CRA Director's receive a higher salary than a Planning Director and she did not have any concerns regarding the pay scales because there is already a contract in plac~ for the Director. She also pointed out that CRA employees are contract employees and she also did not think that there were policy procedures for CRAs. She would like to have research done that would be more applicable to CRAs and not municipalities. Vice Chair Heavilin pointed out that in terms of future recruitment, there needs to be guidelines and policies. Workshop Minutes Community Redevelopment Agency Boynton Beach, Florida February 27, 2003 Attorney Payne inquired if it was the Board's consensus to look at all the positions and compare them to other CRAs. Ms. Barefoot will have management contact Attorney Payne for further direction. Mr. Fenton would also like HR Management to determine what the proper retirement plan would be for CRAs. Attorney Payne responded that this is a financial question, and she did not think that an attorney or a human resource person could address this. Chairman Finkelstein asked if there was someone the Board could go to for this information. Chairman Finkelstein suggested contacting the City for assistance so that they can come up with a good retirement program. After HR Management completes their research, Chairman Finkelstein requested that they furnish the Board with a new range of parameters for all the positions. On page 3 of the letter, under "Contractual Obligations" in the first paragraph, HRMP recommended that in the Director's contract, Article 4, Section 4.6, Paragraph 3 and Section 4.8, Item F be removed because they apply to non-exempt hourly wage job classifications. Chairman Finkelstein agreed with this recommendation. On page 3 of the letter, in the second paragraph under "Contractual Obligations", Chairman Finkelstein felt that the 150-day severance pay is way out of line. He did not think that a person who resigns should be given 150 days of severance pay and the same reason would apply if one side unilaterally terminated the other side. This language conflicts with the current language in the manual. Ms. Hoyland inquired how much of the revised manual was the result of garnering information from municipalities. Ms. Barefoot responded that the manual was revised in accordance with regulatory standards governing employment law, and not necessarily after a public sector agency or private entity. On Page 4 of the Contract in Section 1.5 "Definitions", Attorney Payne inquired if the Board wanted to have "probationary employees" and for how long. This would not apply to the Director. Members agreed that they would like employees to have a probationary period. Ms. Barefoot recommended 90 days, which the Board agreed to. This same time period would also apply to "promotional probation" employees. Mr. Hutchinson thought that 30 days would be sufficient for promotional probation. Ms. Barefoot 6 Workshop Minutes Community Redevelopment Agency Boynton Beach, Florida February 27, 2003 stated that the promoted employee should be provided with an opportunity to go back to their old position within a certain time period. Members agreed that 90 days would apply in all circumstances. On page 6, "The Human Resources Employee" needs to be identified and that position should be inserted wherever "Human Resources Employee" is mentioned. It was decided to use "CRA Executive Director or designee." Attorney Payne recommended that on Page 8, Section 2.5, "Pre- Employment Controlled Substances Screening" be deleted in its entirety. She pointed out that public employees cannot be pre-screened, which was determined by a recent court decision that states this cannot be done. The only drug testing allowed is "reasonable suspicion drug testing," unless the position is safety-sensitive or DOT regulated. On page 9, Section 2.6 "Background Investigations" Ms. Barefoot inquired if this should remain, and Attorney Payne said that this language should be left in. On page 15, Section 4-5 "Overtime/Compensatory Time," Attorney Payne inquired if a definition of a workweek was ever established. Chairman Finkelstein pointed out that the normal hours of operation are 8:00 a.m. to 5:00 p.m. with a one-hour lunch, making the workweek 40 hours. It was agreed that the workweek would be 40 hours. On page 16, Section 4-6 "Termination Pay," the 150 days is also stated. Vice Chair Heavilin pointed out if someone is fired for cause there should be no severance pay. Chairman Finkelstein recommended some kind of severance upon mutual agreement, but not 150 days. Mr. Hutchinson suggested 90 days upon mutual agreement. Ms. Barefoot said that she could determine this when she researches other CRAs and will come back with some new language. On page 23, Section 16 "Employee Assistance Program and Resource Information," Attorney Payne inquired if the Board wanted to maintain this type of Program, which could be piggybacked off the City's Program. Ms. Hoyland thought that this should be deleted, since these services are available-through most health insurers. Chairman Finkelstein would have no problem if the CRA piggybacked this program off the City. Ms. Vielhauer will contact Aetna Insurance to see if they offer this. On page 30, Section 6-8, "Disability Leave," Attorney Payne inquired what type of disability the Board would like to provide. Chairman Finkelstein would like to know what would be typical for an agency their size. Ms. 7 Workshop Minutes Community Redevelopment Agency Boynton Beach, Florida February27,2003 Barefoot stated she would research this with other CRAs to determine this. Chairman Finkelstein thought that nine months was a long period of time. Ms. Barefoot responded that disability periods usually go a lot longer. She also stated that a lot of organizations do not provide disability insurance for their employees. They offer it as a benefit to be paid by the employee. Chairman Finkelstein pointed out that Section 6-9, "Leave without Pay" ties in with the preceding paragraph and that professional guidance should be sought to answer these questions. Ms. Barefoot said she would refer Sections 6-8 and 6-9 to management for further guidance. On page 31, Section 7, "Code of Conduct & Disciplinary Provisions," Attorney Payne stated that this entire section needs to be streamlined and recommended that it be totally redone. Ms. Barefoot will refer this section back to management. Chairman Finkelstein suggested in Section 1-3, "Approval of Policies," that the CRA Board should have the authority to make the final decision on interpretations. Chairman Finkelstein, requested that in Section 1-4, "Amendment to Policies", the words "unless otherwise specified in this document" be deleted. Chairman Finkelstein questioned the language in Section 1-5, "Contract Employee." Attorney Payne stated that this language was okay. Chairman Finkelstein questioned the definition of "Employment Contract" in Section 1-5. Attorney Payne said that she would clarify the language. The definition of "Full-time Employee" in Section 5-1 needs to be changed to forty (40) hours per week. Mr. Hutchinson asked for clarification on "eligible" in Section 1-5 and asked if staff or the Board would prepare the list. Attorney Payne will cladfy the wording. The definition of "Workweek" in Section 1-5 also needs to be changed to 40 hours. In Section 1-6, "Organization for Human Resource Administration" on page 5, Paragraph A states; "Consider the employment policy manual for approval of the CRA after receiving a recommendation from the CRA staff. Chairman Finkelstein suggested deleting the words "of the CRA" and 8 Workshop Minutes Community Redevelopment Agency Boynton Beach, Florida February 27, 2003 "adding the word "and adopt" before the word "Consider." The sentence would then read, "Consider and adopt the employment policy manual for approval after receiving a recommendation from the CRA staff." Ms. Hutchinson requested that Paragraph B in Section 1-6 be changed. It was agreed to change the wording to read, "Approve a pay plan as needed." For consistency, the Board should be referred to as the "CRA Board." Chairman Finkelstein requested that the "s" in "Manuals" in Paragraph C, Section 1-6 be placed in parenthesis, "Manual(s)." On Page 6, Chairman Finkelstein requested that Section L. be deleted. Vice Chair Heavilin questioned Section 2-3 that states only employment applications would be accepted when a vacancy occurs. Mr. Hutchinson responded that a person could submit a resume, but they would only be permitted to fill out an application if an opening existed. Chairman Finkelstein requested that the first sentence in Section 2-8 be changed to read as follows, "Once the interview process has revealed a suitable applicant and the reference checks and screening steps appear satisfactory, the CRA Director will be notified in order that further consideration of the candidate may continue." Attorney Payne suggested that the next sentence in that paragraph be deleted. Chairman Finkelstein had a question in Section 3-3 A., "Performance Evaluations" in the last sentence that reads, ",All decisions of the CRA Director are final." In this case, Chairman Finkelstein inquired how would the appeal process apply. Mr. Hutchinson noted that throughout the agreement there is a problem regarding hierarchy, since there are only three people in the office. Attorney Payne said that this is a structural issue that she- would address. Attorney Payne pointed out that this particular section deals with an appeal of an employee's evaluation, not discipline. Vice Chair Heavilin noted that in Section 3-3 C., "Frequency of Performance Evaluations" does not include annual evaluations. Section 4-5 dealing with Overtime/Compensatory Time. Attorney Payne felt that this should not be a Board decision. It was agreed that overtime hours would be paid in compensatory time. 9 Workshop Minutes Community Redevelopment Agency Boynton Beach, Florida February 27, 2003 On Page 17 in Section 4.6, "Termination Pay", Chairman Finkelstein had a question regarding the sentence that reads "Rights and obligations upon termination due to disability or death of the employee or their guardian or personal representative shall be entitled only to the following compensation benefits:" Attorney Payne will revise the wording. In Section 5-3 "CRA Equipment," Mr. Hutchinson said that monitoring phone calls would not apply. He would, however, like the ability to monitor, at times, the items that the CRA is responsible for and could be audited for that would qualify as public record. ^ttorney Payne will revise the wording. Chairman Finkelstein requested that Section 5-7 "Resignation" be reworded. In Section 5-5, "Political Activity", Chairman Finkelstein requested that the words "or posted about the CRA premises" be added at the end of the last sentence in the first full paragraph. Section 5-8, "Drug Free Workplace" needs to be redone entirely. In dealing with Section 6-1 "Vacation Leave", Vice Chair Heavilin felt that employees should have some vacation in the first year of employment. Vacation time will begin at the hire date. Ms. Barefoot also recommended two weeks vacation time after one year. Ms. Hoyland recommended capping vacation time at 240 hours and if an employee does not use the time, they would lose it. Mr. Fenton recommended that vacation time should be two weeks after one year; three weeks after five years; and four weeks after ten years. Vice Chair Heavilin asked that this be clarified. Mr. Aguila responded that an employee would receive - After 1 year, but less than five years of service - After 5 years, but less than ten years of service - Ten years or more - 2 weeks 3 weeks 4 weeks Mr. Hutchinson inquired if, during the first year, a person could accrue vacation time or would it-be available on the anniversary date. Mr. ^guila suggested that a person could accrue vacation time upon hire, but it would not be available until after the first 90 days. Vice Chair Heavilin suggested that Veterans Day should be a floating holiday. Mr. Hutchinson did not think that setting holidays should be part of the Policy. Setting holidays could be done annually at the beginning of 10 Workshop Minutes Community Redevelopment Agency Boynton Beach, Florida February 27, 2003 the year. The reason Vice Chair Heavilin suggested the floating holiday was to provide employees an opportunity to have a day they could use for personal use or for a religious holiday. C. Discussion on CRA Logo Design, Website and Brochure and Direction for Possible RFQ It was agreed that this item would be addressed at a future meeting. III. Other Items None IV. Adjournment There being no further business, the workshop propedy adjourned at 9:25 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (March 3, 2003) 11