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HomeMy WebLinkAbout03-03-1998 Meeting I I I REAL ESTATE MEETING COMMITTEE ROOM - March 3, 1998 PRESENT: Hons. Larry Sconyers, Mayor; Todd, J. Brigham, Mays, Kuhlke, H. Brigham, Shepard, Beard, Powell, Handy and Bridges, Commissioners; Jim Wall, Attorney; Randy Oliver, Administrator and Lena Bonner, Clerk of Commission. Mr. Wall: We've got a contract amendment that has been presented. One of the things that has come up is Keven has requested that appropriate language be included in the amendment that would require that the rehabilitation work be done from the approved list of contractors that his department has. This is with the Richmond group or the Olde Town Properties and that is a requirement that is not mandated by HUD. It would be required that it be bid but that wouid be a part of the loan documents, etc. as far as HOME is concerned and before that contract amendment is signed, if that is going to be a requirement, we need to write that in. It's my opinion, and Randy's opinion, that that will kill the deal. Mr. Kuhlke: Is our primary objective to get out of this thing? Mr. Wall: Yes. Mr. Oliver: Yes. The state has given us $2 million in HOME money plus the historic tax credits that they've allocated. Mr. Kuhlke: And I think, and this that's a deal killer, to hell with it. let them use who they want to use to do is contrary to Keven, if If we can get rid of it, whatever rehabilitation. Mr. Oliver: I think one of Keven's concerns is very valid. We want to ensure that the work is done properly this time. We don't want a cosmetic paint job and I think we can ensure that and I'm not worried about that. As it relates to the bidding requirement, I don't profess to be smart enough. The agreement as it's structured right now requires them to adhere to all federal guidelines. They have a slightly different opinion right now but we are of the opinion that it's between them and the federal government. Whatever the federal government says that the guidelines are, we're going to adhere to. I guess the question before you all is is whether we want to make the requirements more stringent than those federal requirements, and if so, how much more. Mr. Todd: My position on it is that they're using our housing money so I think whether it's in the contract or not, they should give us some consideration as far as Richmond County base. I'm sincere about that. I understand that if the contractors have the same mandated classes, certification by HUD, as the ones here, then I don't think legally we can pin them down to use the local contractors or the contractors here. They have to keep in mind that we are reprogramming a percentage of our housing money or rehab money to this project and I think it needs to be made loud and clear to them. Mr. Oliver: About $550,000 a year for two years. The thing that becomes a bit cumbersome and awkward, if you have an approved list and they choose contractors from the approved list you incur some potential liability from saying we view them as being okay. I personally believe that it should be a fair and open process but to restrict a project of this size to a certain approved list I don't think is in their best interest and I think, as Mr. Wall has indicated, would make the deal not go forward. Mr. Beard: I agree we don't want to kill this deal but I think there is some effort from the government could be put forth that they would consider using some of those people. I don't think we can mandate them to use it and I wouldn't go to that extent ... Mr. Oliver: Well, we're going to encourage that. Mr. Beard: ... but I think you should do everything to encourage that we have some participation. Mr. Oliver: I agree with that. Mr. Wall: And that's not a problem. Mr. Beard: I think we've gone too far to kill this thing by putting that stipulation or mandating that. Mr. Todd: It's not a good deal for us, in my opinion. Mr. Kuhlke: It could be worse. Mr. Oliver: It's a worse deal if you lose the state's participation. Mr. Mack: To address Mr. Kuhlke's point, we're not in the business. We won't be in the business. These contractors are independent contractors and they will bid on these projects. The only thing that would happen is that it would be limited to the 15 people that are already on our list, that do work for us on a daily basis. Mr. Kuhlke: And I think that's where we've got the problem. I think that, as Mr. Beard suggested, if we offer them the list but don't mandate the list, it's a lot of difference. Is that what you're saying, Jim, if you mandate that you've got to pull from that list, Mr. Mack: Not pull, but let these people be able to bid on that. I I I I I I Mr. Kuhlke: If they want to. Mr. Wall: I think the question of whether or not the bidding will be mandated or not is something that I want them to deal with HUD on and I want us to insure that whatever HUD requires, that they do. They have e-mailed us and they've gotten an opinion from a Washington attorney that they're not going to have to bid because of their interpretation of the rules. I think HUD is going to require them to bid. If in fact they bid, then these 15 companies should be included in the list, but they need to bid on the whole project as opposed to bidding on this unit, this unit, this unit and through that process, we can encourage them to submit bid packages to these 15 companies, encourage them to use them, etc. Mr. Handy: I don't think we have people on the 15 staff that are capable of bidding the whole business. Mr. Mack: on houses every paint on it. We might not have one person but these people bid day. They don't just go in and slap a coat of Mr. Handy: Now you are making it more complex than what it is. I understand what you're saying about bidding on it. If we have money involved in that thing and we've got 15 people, we don't necessarily have to take the 15, we could at least take seven of them or half of them because we still have money involved in it. But there's no way that we have anybody that works for us doing the little rehab we've got that could take that whole project. Mr. Oliver: If I were the owner I wouldn't want to deal with 15 or seven different contractors. I'd want to deal with one general contractor. Mr. Handy: Right. I understand. That would eliminate us from the get go because we don't have nobody out of the 15 that can take the whole project. Mr. Wall: Well, I understand that and that may be true but they might joint venture somehow among themselves so that the company is only looking to one entity. Mr. Handy: That's sounds a little bit better. Mr. Mays: You might have answered right on the tail end of what I was going to bring up to ask. I can see their point about being the owner but I think the one common denominator that makes them a little different is that it's about time that some moderate folks share in some big bang. You've got a lot of small contractors out there who, regardless of age, race or sex, are struggling to make it out there and then you get somewhat of a big project to come and maybe they can't do it that way, and I guess what I'm going back to is the situation where you work with the small Sanitation folks and where that was put together on the joint venture to ensure that they were at least in the ball game. I think if you have been e-mailing, negotiating and I, too, don't want to lose the deal, but I also know that every time something comes up where there's a good buck to be made, that it marches out the city and you get folk that may even to the point end up on our indigent care rolls that we turn around and have to pay for because certain companies can come in here and do work and don't even have to insure folk and leave. The only thing that some of these small folk get a job on is the little (inaudible) that may be done on $15,000 or $20,000 worth of work. It might be late in the game to encourage or do that but I think that might be a way of bringing some of those folks into the fold and while negotiating without forcing or saying you're going to force any of them to do it, maybe that idea needs to be openly put to them. We've got a program here and a lot of money in here and we've got an old City government that we inherited that was accused of not putting it back into where you had low and moderate income folk to do it and share with the small contractors. What's your position on doing that and put some of them together and getting that. And if you've got one fellow in the bunch that wants to coordinate that, we've got seven that we can bring to the table and do it. I think you've got some city money in there and you're only getting that money to have because you've basically got poor folks in the City. That's why you've got that money; it ain't coming from no other pocket. So I do think you have some level to have to play to throw in there, at least maybe in the negotiating part of it. I agree, it shouldn't probably be in a hard line, written deal because it may fall through and you're stuck with the sucker again. But I don't think it hurts anything to say to folks that we've got some folks doing some work, that's all they've been getting, let them get a shot at the big deal that you've got in here and even if we have to put maybe our five best ones together and offer them to you, you go interview them, you go check their records, you go see what they're like and then you've got something they can work on. I think it's worth a shot with some of them doing that. Mr. Mack: Randy, Jim and I have been discussing this back and forth. One of the things I want to do is make sure our City doesn't get in the same predicament with Olde Town that it is today five more years down the line. We want to ensure that there are proper plans, specifications and that this is bidded and inspected to where it's supposed to be. Our inspectors inspect this work and they will not pass work that the City inspectors will pass. Mr. Oliver: It is more detailed, I agree. I I Mr. Todd: This money that's going to be used, if we weren't programming it into this project, I think a lot of us really - we I had everything amended and thrown at us and we really didn't have time to go through this package - I've gone through this package and if I look at it as far as unloading this property, it's a I I I good deal probably but I think it's costing us to do this. They're using money that our contractors would be - they're losing opportunity because it means there will be less work in other rehab, small projects that they could do; therefore, I think this entity should give those contractors here a chance to do the work. Mr. Beard: We ought to be able to work out something to deal with this problem we have here. I think they can understand what we want and it shouldn't be soft-soaped, it should be a hard sellon those people but not enough to kill the deal. Mr. Wall: Okay. Thank you. ADJOURNMENT: There being no further business, the meeting was adjourned. Lena J. Bonner Clerk of Commission NWM