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HomeMy WebLinkAboutSEOPW OMNI CRA 1996-02-26 SEOPW MinutesOWN CITY OIF MIAMI F FgRU ARY 26, 1996 OF Mr TING HELD 0�1 E O'F THE CITY CLERK EPAREO EY TV E OFF HALL PR CrTY wALTER BAN q'TY CLERK ITEM NO. r INDEX MINUTES OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY MEETING February 26,1996 SUBJECT LEGISLATION PAGE NO. 1. APPOINT INDIVIDUALS TO SERVE ON DISCUSSION 2-4 SELECTION REVIEW COMMITTED: FOR 2/26/96 SOUTHEAST OVERTOWN / PARK WEST (SEOPW) BLOCKS 25 & 36 RESIDENTIAL DEVELOPMENT PROJECT. 2. DISCUSSION CONCERNING FUNDING DISCUSSION 4-9 REQUEST FROM DEVELOPER OF 2/26/96 POINCIANA VILLAGE CONDOMINIUMS -- REQUEST CITY ATTORNEY AND CRA COUNSEL TO ISSUE RESPECTIVE LEGAL OPINIONS REGARDING CERTAIN SCENARIOS PROFFERED BY CRA BOARD -- REVIEW CONTRACT -- DEFER TO NEXT MEETING -- ASSIST TED WEITZEL TO CONTACT FANNIE MAE REPRESENTATIVE. 3. DISCUSSION CONCERNING POSSIBLE DISCUSSION 9-12 FORECLOSURE OF ARENA TOWERS 2/26/96 APARTMENTS. 4. (A) DISCUSSION CONCERNING M 96-1 12-20 EVICTION OF TENANTS IN BUILDING 2/26/96 DONATED TO FATHER BARRY BY THE CITY TO BE USED FOR THE HOMELESS -- STIPULATE THAT ANY FUTURE DONATIONS OF LAND / PROPERTY MUST CONTAIN A REVERTER CLAUSE -- DIRECT CRA ATTORNEY TO REVIEW CONTRACT WITH FATHER BARRY. (B) DONALD BENJAMIN INTRODUCES SOME MEMBERS OF THE OVERTOWN ADVISORY BOARD. 5. (A) DISCUSSION CONCERNING DISCUSSION 20-24 PROPOSED OMNI INTERLOCAL 2/26/96 AGREEMENT ADOPTED BY DADE COUNTY COMMISSION. (B) SET MARCH 18, 1996, AS DATE FOR NEXT OMNI / CRA MEETING. f MINUTES OF REGULAR MEETING OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY On the 26th day of February, 1996, the Community Redevelopment Agency (CRA) met at the Miami Arena, VIP Room, 701 Arena Boulevard, Miami, Florida in regular session. The meeting was called to order at 7:00 p.m. by Chairman Miller J. Dawkins with the following members of the Board found to be present: Chairman Miller J. Dawkins Vice Chairman Stephen P. Clark Board Member J.L. Plummer, Jr. Board Member Wifredo Gort ALSO PRESENT: ABSENT: Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk Herbertert J. Bailey, Executive Director Robert Friedman, Special Counsel Board Member Joe Carollo Chairman Dawkins: Good evening. We're going to start, and the Mayor called a special meeting for a special issue, and whenever the media or whomever comes, we will recess the CRA (Community Redevelopment Agency) meeting and go into a City of Miami Commission. When we finish with the City of Miami business, Mr. Mayor, we can go back to the CRA meeting, if that's OK with you. Vice Chairman Clark: Excellent, excellent. Chairman Dawkins: OK. It is seven o'clock, and we will start. Mr. Clerk, you want to lead us in the pledge of allegiance? NOTE FOR THE RECORD: At this point, the City Clerk led those present In a p e ge of allegiance to the flag. Board Member Plummer: I move the approval of the minutes. 1 February 26, 1996 F Vice Chairman Clark: Second. Chairman Dawkins: Those in favor. The Board Collectively: Aye. Chairman Dawkins: So be it. NOTE FOR THE RECORD: On motion duly made by Board Member Plummer and seconded by Vice Chairman Clark, the minutes of the OMNI/CRA meeting of January 15, 1995 were approved by the Board. ---------------------------------------------------------------------------------------------------------------- 1. APPOINT INDIVIDUALS TO SERVE ON SELECTION REVIEW COMMITTEE FOR SOUTHEAST OVERTOWN / PARK WEST (SEOPW) BLOCKS 25 & 36 RESIDENTIAL DEVELOPMENT PROJECT. ---------------------------------------------------------------------------------------------------------------- Board Member Plummer: Mr. Chairman, according to the agenda which I have, dated February the 8th from Herbert Bailey, it said attached was a list of names. Chairman Dawkins: Mm-hmm. Board Member Plummer: Mine did not have those names. Vice Chairman Clark: I have a copy, if you want a copy, J.L. Board Member Plummer: OK. Chairman Dawkins: OK. Board Member Plummer: We're not bound by that, are we? Chairman Dawkins: No. Board Member Plummer: OK. That's fine. Chairman Dawkins: No, sir. Board Member Plummer: Thank you. Chairman Dawkins: You said you didn't have one. There it is. Board Member Plummer: There it is now in front of me. He just handed it to me. Chairman Dawkins: OK. I... Well, I sent a memo, a cover memo on top of this one, J.L., that said nobody was bound by this. 2 February 26,1996 Board Member Plummer: OK. I think I remember that. Chairman Dawkins: OK. Commissioner Plummer: The only thing was I didn't have the copy of the names. Chairman Dawkins: OK. So is anybody ready... Board Member Plummer: I'm ready to make my appointment. Chairman Dawkins: OK. Board Member Gort: I made mine already. Board Member Plummer: My appointment... Chairman Dawkins: Mm-hmm, yes, you did. Board Member Plummer: Who did you appoint, so I don't duplicate, Mr. Gort? Board Member Gort: Yes. Board Member Plummer: Who did you appoint? Chairman Dawkins: Don Benjamin. Board Member Gort: Don Benjamin. Board Member Plummer: Brother Ben? Good man, most of the time. I will appoint Mr. Luis Rocca who is a general contractor, and I think... Board Member Gort: He's my appointment to the board. Board Member Plummer: I'm sorry? Board Member Gort: That was Don Benjamin. Board Member Plummer: Oh. Chairman Dawkins: All right. So that's... Board Member Plummer: Luis Rocca. He lives over in this district at... It's the Plaza. Chairman Dawkins: OK. Board Member Plummer: At the Plaza. And he's a general contractor. Chairman Dawkins: That's R-O-O-K. Board Member Plummer: R-O-C-C-A. Chairman Dawkins: All right. Mr. Bailey, the mayor and I will give you ours in writing before the end of the week. Is that agreeable, Mr. Mayor? 3 February 26, 1996 ", (fo Vice Chairman Clark: Absolutely. Chairman Dawkins: OK. Four, can we move to 4? Board Member Gort: Mr. Chairman. Chairman Dawkins: Yes, sir. Board Member Gort: I've just been informed that my appointee might have a conflict of interest, so he'd rather not serve. Chairman Dawkins: OK. All right. Well, would you like to also submit yours in writing by the end of... the other selection by the end of the week? Board Member Gort: Yes, sir. And I'll entertain the list... Chairman Dawkins: You're not bound by that list now. Board Member Gort: I understand, but if... Vice Chairman Clark: Somebody living in the area. Chairman Dawkins: OK. Board Member Gort: I'd like somebody living in the area. Chairman Dawkins: OK, good. OK. Mr. Bailey, the three of us will give you ours by the end of the week. Mr. Herbert Bailey (Executive Director): That will be fine, Mr. Chairman. ---------------------------------------------------------------------------------------------------------------- 2. DISCUSSION CONCERNING FUNDING REQUEST FROM DEVELOPER OF .POINCIANA VILLAGE CONDOMINIUMS -- REQUEST CITY ATTORNEY AND CRA COUNSEL TO ISSUE RESPECTIVE LEGAL OPINIONS REGARDING CERTAIN SCENARIOS PROFFERED BY CRA BOARD -- REVIEW CONTRACT -- DEFER TO NEXT MEETING -- ASSIST TED WEITZEL TO CONTACT FANNIE MAE REPRESENTATIVE. Chairman Dawkins: All right. Now, number 4. Mr. Herbert Bailey (Executive Director): On item 4, Mr. Chairman and members of the board, Mr. Weitzel is here. Ted Weitzel is here to make a presentation. We have had him at a meeting at the staff level to discuss the problem we're having at Poinciana Village, which, because of the unique problem involving the hurricane, which has been some years ago now, as it relates to people who have already precommitted to buying the new units when they are built, has entered into a difficulty in terms of shortfalls. And we have to have this project and get it moving. So we asked him to come before you to make his presentation, and we have some suggestions on how we can overcome the problem, but he wants to make his presentation. Board Member Plummer: I have a question first. 4 February 26, 1996 Chairman Dawkins: Yes, sir. Go right ahead, sir. Board Member Plummer: Mr. Chairman, how does this differ... The same thing occurred at Saint Hugh Oaks, and in that particular case, the price went from ninety-five to one -nineteen. And I'm at a loss to understand why we would do anything here differently, and why we would take money from the profit of a Coconut Grove project and put it elsewhere, other than in Coconut Grove. And so my question is, is why would we do anything differently here than what was done in Coconut Grove, by virtue of the fact that the prices just had to go up? That was the name of the game. Chairman Dawkins: OK. Well, perhaps after Mr. Weitzel explains, then we can ask him the same question. Board Member Plummer: Well, no, I don't want to ask Mr. Weitzel the question. Mr. Bailey: Well, I can answer the question, Mr. Chairman, if you'd like. Chairman Dawkins: No, I don't want you to answer it. Mr. Bailey: OK. _—_ChairmamPawkins: Go ahead. Go ahead. Mr. Bailey: Well, actually, what we did in Coconut Grove when the price went up, we just paid the difference. The increase in the cost of the housing in Coconut Grove was as a result of the land cost, not much more than the... for the result of the increase in prices. Those houses which you charged us to bill were to be at ninety thousand dollars ($90,000). The actual house came in at ninety-eight thousand, and that was because of the Code changes. The hundred fifteen thousand was a result of the one million seventy thousand we paid for the land. But we did cover that cost. And the money that we used for Coconut Grove is a general scattered site housing bond fund, which is used all over the City. We not only have money coming in from Coconut Grove, we use the same money, some of that same money in Melrose. And that money also is coming back. We have used it all over the City, not in just one location. Board Member Plummer: My question is, is the developer bound, by virtue of the contracts which he had to the people to build, to proceed at his own loss? I mean, you know, when you make a contract, you make a contract. And he has an obligation to perform. Now, it's not his fault that Andrew came along, nor is it our fault that Andrew came along. But to subsidize a private builder who is going to be making a profit of three hundred and sixty-three thousand dollars ($363,000), I want to know what loss is he going to take by virtue of the fact that, you know, he has, I think - maybe I'm wrong - but I think he has a legal obligation to the people who are committed to his project to perform. Mr. Bailey: May I respond? Board Member Plummer: Sure. Mr. Bailey: There will be no profit... Chairman Dawkins: No, wait a minute. Wait. Are we going to hear from you or from Mr. Weitzel? Board Member Plummer: I'll wait, sir. 5 February 26, 1996 Chairman Dawkins: All right. Board Member Plummer: I'll wait. Chairman Dawkins: Mr. Weitzel, may we hear your presentation, please? Mr. Ted Weitzel: Gentlemen, Ted Weitzel for... Mr. Bailey: Put your mike on. Mr. Weitzel: Oh. It's on. Mr. Bailey: It's on? Chairman Dawkins: I don't think so. Mr. Bailey: It's not on. Vice Chairman Clark: We can hear you. Board Member Plummer: Huh? Kick it. Chairman Dawkins: Yeah, but he has to have a mike on so... for the audio, Mr. Mayor. Board Member Plummer: Hello? You're calling collect. Boy, is it on now. It's on now. Mr. Weitzel: Yeah, it's really on. OK. Good evening. I think most of you are familiar with the project, so I don't know if I need to go into the background of it. But why don't I first just answer the question about raising the prices, and then we can go into as much detail as you would like. We've always had a problem, from day one, with the project, because of FHA (Federal Housing Authority) insurance. Because there is no comps. In Overtown for the project, we can't just sell the units for whatever price that we can get from the buyer. We're limited to prices set forth by FHA. And from... When we built the first phase of twelve units, we got into a very serious problem, because we had the units all sold, and FHA would not insure the mortgages, because they said there was nothing in Overtown anywhere approaching the prices we were selling for. And we, finally, were able to get Northern Trust to come in and make a few of the loans that gave comps. for FHA. Also, the former Mayor went to a number of meetings with FHA and Herbert went to a number of meetings, and they made appointments and sent me to - they didn't send me, we paid our own way - went to Washington, D.C. twice, and finally got FHA to agree and to instruct the Coral Gables office to go ahead at a reasonable price for the actual units, to insure the mortgages for a reasonable price. I mean, they were talking in some terms of like thirty or forty thousand. Am I right, Horace? That they would... We had the units sold for fifty and sixty, and they would only insure for thirty or forty. And so we finally got through that problem after about a year and a half. But contrary to what you said about us making a profit, we have never made a profit in Poinciana. We've done two phases, and we have not made a profit. We are severely in the hole in Poinciana, and we just decided that we cannot build a third phase and go in the hole again. It's still the same problem. FHA or any other mortgage company will only insure mortgages based on comps., regardless of the sales price. So we're not at liberty to just raise the prices. We have to be content with what FHA will give us, as well. Chairman Dawkins: Are you finished? Yes, sir, Mr. Mayor. 6 February 26, 1996 Vice Chairman Clark: Mr. Weitzel, have you checked with Fannie Mae? Mr. Weitzel: Yes. We've checked with everybody. We haven't checked with Fannie Mae in the last year, because we haven't been doing any sales. But... Vice Chairman Clark: Well, they're really trying to come across now and do something. Board Member Plummer: Big time. Vice Chairman Clark: Big time. Five billion dollars in this community. Mr. Weitzel: Yeah. I've probably called Fannie Mae in the last three months about seven or eight times, and I've got one return phone call. I mean, it's very difficult, for some reason, to get Fannie Mae to do any... , Vice Chairman Clark: Shalley Jones. Mr. Weitzel: Yes. I know the name. I almost know the number by heart. Board Member Plummer: She had a press conference. f1Vrr. We &I: But we haven't been able to get anywhere with them. Board Member Plummer: I don't know if the attorney for the CRA is qualified, but I would like to ask a question as to what legal obligation these contractors have to proceed with contracts that, obviously, they have with these people. Are they bound, legally bound to proceed and live up to any contractual agreements they have with these people or not? Hello? Mr. Robert Friedman (CRA Special Counsel): Yeah, I'm here, Mr. Plummer. Generally speaking, contracts are enforceable if they are validly entered into. I don't... I'm not familiar with these particular contracts, and so I really can't comment other than generally. Board Member Plummer: Mr. Chairman, until such time as we've made that determination, I would say that we should move that this matter be deferred until the next meeting, let the attorney go over the contracts. We definitely... And it's in no way, in my way of thinking, of trying to delay housing, which is sorely needed in the area. But three hundred and sixty-three thousand dollars ($363,000) is a lot of money. And that would be... What I see here, they're asking for a grant. They're not even talking about a loan. So I would move at this time, if it's the feeling of any of my other colleagues, that we defer it at this time... Chairman Dawkins: Give me a second. Board Member Plummer:... and get the answers. Board Member Gort: Second. Chairman Dawkins: All right. It's been moved and seconded that we defer this for two reasons: For both law departments - the City of Miami and the CRA Law Department - to review it and give us some feedback, and then we will hear it at the next meeting. Vice Chairman Clark: And it will be definitively handled at that time. Chairman Dawkins: Yes, sir. 7 February 26, 1996 Board Member Plummer: We'll handle it at the next meeting, Mr. Mayor. Chairman Dawkins: OK. OK. Vice Chairman Clark: That's fine. Chairman Dawkins: OK, thank you. Mr. Bailey: Can I understand what you want us to have at the next meeting, now? Chairman Dawkins: At the next meeting... Board Member Plummer: Prior to. Chairman Dawkins: ... we want, I think - and if I'm in error now, the board correct me - we want a legal opinion from the City of Miami's Law Department as to... Vice Chairman Clark: The obligation. Chairman Dawkins: ... the obligations of the contractor. We also want the CRA attorney to give us his opinion. What, really, nobody is saying is, what I'm looking for is, what happens if the contractor does not build? What happens to the land, what happens to the deposit? That's my ..concern. Ldon't know about nobody else up here. Vice Chairman Clark: Yes, that's a concern. Board Member Plummer: Well, I think that's also part of the answers that should be given at the next meeting. Chairman Dawkins: Mm-hmm. Mr. Bailey: Mr. Chairman, I'd just like to say I don't know whether the City Attorney's Office is going to make a determination, inasmuch as all of this has been transferred to the CRA. We've had that experience before, and they've forwarded it to our attorney. And so I think, if I can just say for the record, that it might be prudent just to have the CRA's attorney look at the documents and make a report to this Commission. Board Member Plummer: Mr. Bailey. Mr. Herbert Bailey: Yes. Board Member Plummer: I would give the City Attorney's Office the right to refuse. Mr. Bailey: OK. Chairman Dawkins: OK? OK. Board Member Gort: Mr. Chairman. Chairman Dawkins: Mm-hmm. Yes, sir, Mr. Gort. Board Member Gort: Can we also request that, since the gentleman has not been able to get a hold of Sally Jones, maybe they can... we can intermediate so that we get the meeting, try to help? 8 February 26, 1996 Mr. Weitzel: I'd appreciate that greatly. Board Member Plummer: Yeah. Vice Chairman Clark: They're really trying to be part of it. Board Member Gort: Let them live up to their commitment. They came here, they had a press conference and said how much they want to help. Board Member Plummer: Can I ask one further question, please? And you can answer it now or later. How much money have you already taken advance on the units? Mr. Weitzel: Various amounts. Chairman Dawkins: Mm-hmm. Unidentified Speaker: About fifteen. Mr. Weitzel: Probably fifteen thousand total. Board Member Plummer: Total? Mr. Weitzel: Total. Board Member Plummer: That's the deposits? Mr. Weitzel: Yeah. Mr. Bailey: Yeah. Board Member Plummer: On all of them? Mr. Weitzel: I would say so. Some of them... Some of these are a new program that goes with a low down payment, so those people are only required to put up two hundred and fifty dollars ($250) as a deposit on the contract. So that's why there's a difference. Board Member Plummer: OK. Thank you, sir. Whewl NOTE FOR THE RECORD: At this point, item 4 was deferred. --------------------------------------------------------------------------------------------------------------- 3. DISCUSSION CONCERNING POSSIBLE FORECLOSURE OF ARENA TOWERS APARTMENTS. Chairman Dawkins: OK. Number 5, please. Mr. Herbert Bailey (Executive Director): We have... I think we might have to adjourn the Overtown portion of the meeting, Mr. Chairman. 9 February 26, 1996 Board Member Gort: We're not ready. It will be a while. Mr. Bailey: No, but number 5 deals with Omni and just... Chairman Dawkins: Arena Towers deals with Omni? Board Member Gort: No. Number 5 is foreclosure of Arena Towers. Mr. Bailey: Oh, I have the wrong agenda. Board Member Plummer: Hello. Mr. Bailey: Oh, I'm sorry. I've been looking at it all wrong. Board Member Plummer: And he puts out the agenda. Mr. Bailey: I was looking at the one that we didn't give you. The Arena Towers. Chairman Dawkins: Yes. Mr. Bailey: What has happened to Arena Towers is that it is in default, and I think it's in default .....for. the..seaond time. The company that bought the HUD (Department of Housing and Urban Development) package, which included the mortgage for Arena Towers has sent to us documentation with their intent to foreclose. And the reason we're bringing it to your attention here - and Bob Friedman, our attorney who has looked at the documents will explain it further - is that the City will lose its UDAG (Urban Development Action Grant) mortgage on the foreclosure, because the UDAG mortgage was subordinate to the first mortgage. Other than that, the building is still there, and it pays our taxes. But it has been in foreclosure, now, twice. We get taxes from it. Board Member Plummer: Mr. Chairman, with your permission, the two cameramen in the back are wondering what the hell are we doing here? Your meeting will be shortly. (LAUGHTER) Chairman Dawkins: OK. Mr. Bailey: So I will just turn it over to Bob Friedman and let him explain to you the foreclosure process and the consequences of that, as it relates to our UDAG. Chairman Dawkins: Mr. Friedman. Mr. Robert Friedman (Special Counsel): Yes. In this case, the City had a leasehold mortgage on that property that was behind the first mortgage holder. The developer is in default, and the first mortgage holder is foreclosing. By doing that, they can effectively foreclose out our... the City's leasehold mortgage interest, as well. They've asked us to consent to that foreclosure action, which would eliminate our interest in the leasehold mortgage. We are still studying it to determine what is the best procedure for the CRA to follow. Board Member Plummer: Question. Vice Chairman Clark: You have no recommendation yet. 10 February 26, 1996 CJ Mr. Friedman: No recommendation yet. Board Member Plummer: My question, I guess, then, would be to Mr. Bailey. Mr. Bailey, if that were to take place, what would be the actual rough dollar value that the City suffers? Mr. Bailey: Five and a half million, I think. Board Member Plummer: Can we go back against the original developer? Mr. Bailey: No. The UDAG mortgage really was a grant from HUD for which we got to put into the development of the project, and we put it in as a mortgage. Some cities just put it in as a nonammortizing loan, but we felt we'd put it in as a mortgage, in the hopes that someday, we might get some of the money back. But it's actually the money that came from HUD when we had the ceremony here with the ten million. Five went to each building. And it's just lost, lost. It came directly from HUD. Board Member Plummer: The mortgage holder that's going to foreclose, how much? Mr. Bailey: He has a twenty million dollar ($20,000,000) claim. The building cost eighteen million, but he's added up the unpaid mortgage, plus the unpaid interest on the mortgage. However, we figure the building now is worth on the market... He's asking sixteen million, but then that's just negotiation. But his twenty million dollar ($20,000,000) claim will effectively —.wipe.us.out.if he forecloses, because there would be no residue to collect the five million. Vice Chairman Clark: Mr. Bailey, does that put us in any jeopardy in the future? Mr. Herbert Bailey: No, it doesn't. The UDAG program is no longer in existence. We got the last grant that they gave for cities to do that. So it doesn't put us in any jeopardy. And we have UDAG grants, you know, at Bayside, and the CenTrust Building is UDAG, and we never collect on them. But they were done... They were given to us for the purpose of making something happen where something would not have happened before. Board Member Plummer: Even though it was wrong. Mr. Bailey: Well, you know, sometimes it's wrong not to do, and sometimes you do wrong when you do, you know. Chairman Dawkins: Any further questioning? I'll accept the motion to adjourn to... I mean to recess. Board Member Plummer: Don't you think there's going to be more here? Chairman Dawkins: Hmm? Board Member Plummer: Don't you think there will be more press here? Board Member Gort: I don't think there's anybody here yet. Chairman Dawkins: I don't think so, but go ahead. I'll wait. Board Member Plummer: No. What I'm saying is, Mr. Mayor... Chairman Dawkins: We'll wait. Go ahead. 11 February 26, 1996 Board Member Plummer: I would assume there's going to be more press here but... Chairman Dawkins: I doubt it, but go ahead. Go right ahead. OK. 4. (A) DISCUSSION CONCERNING EVICTION OF TENANTS IN BUILDING DONATED TO FATHER BARRY BY THE CITY TO BE USED FOR THE HOMELESS -- STIPULATE THAT ANY FUTURE DONATIONS OF LAND / PROPERTY MUST CONTAIN A REVERTER CLAUSE -- DIRECT CRA ATTORNEY TO REVIEW CONTRACT WITH FATHER BARRY. (B) DONALD BENJAMIN INTRODUCES SOME MEMBERS OF THE OVERTOWN ADVISORY BOARD. Chairman Dawkins: Then the next one is, before we go... Board Member Plummer: Do it and get it over with. Chairman Dawkins: ... to the Omni, I see quite a few individuals from Overtown. Would you .... like to be heard, since we're on the Overtown CRA? Board Member Plummer: While she is coming up, can we get a copy of the Interlocal Agreement? Chairman Dawkins: We don't have... No. Mr. Herbert Bailey (Executive Director): It won't come till five -fifteen this afternoon. Chairman Dawkins: Yeah, we don't get it till five -fifteen. Board Member Plummer: So that means we're not going to handle it? Chairman Dawkins: No, sir. Mr. Bailey: No. Board Member Plummer: Well, then let's... Then item 6 is deferred. Chairman Dawkins: But we have to go to the... Yes. But we got to go into the Omni... Mr. Bailey: To defer it. Chairman Dawkins:... to defer it. Board Member Plummer: Oh, I see. All right. I'm sorry. Chairman Dawkins: Mm-hmm, OK. Mm-hmm, yes, ma'am. Go right ahead. Ms. Christina Mansfield: My name is Christina Mansfield, and I live in Overtown, 240 Northwest 11th Street. And the City of Miami gave my apartment building to Father Barry, and he is evicting everyone in the building. And Herbert Bailey said that, in the paper, he stated that 12 February 26, 1996 far !" 1 the contract that the City gave, the special deed contract, did not say the people that Father Barry could approve for the building. But if he put homeless people in and put me out, then that makes me homeless. I am a citizen, I'm a worker, and I am a voter. I have the special deed contract that the City of Miami gave to Father Barry, and it states that if he don't provide housing, that it will be reverted back into the City of Miami. And I've been fighting since last year to try to stay in my apartment, because I have nowhere to go. Chairman Dawkins: OK. The next lady, please. Ms. Sharon Dames: Good afternoon. My name is Sharon Dames. And he gave me an eviction notice. Could I pass it to one of you all, please? Chairman Dawkins: Mm-hmm. I know. You've already brought it to me, darling. Mm-hmm. Ms. Dames: Twenty-four hour notice. And I wrote him a letter on September the 20th, 195. He hasn't responded to neither one of us four parents in the building, which no one in the building... We don't have men living with us. We're staying by ourselves. We are women with children. He won't accept our rent this month. The main thing I'm coming here to take... to ask you all about is, he's not even trying to help us to even try to locate us, to do nothing, to do nothing. Chairman Dawkins: The... Say what, now? Mr.... Somebody, anybody. _._Board_M.ember Plummer: Mr. Dawkins, the question I have... We went through this, and I am trying to remember, to the best of my ability, what we did before, and we asked Father Barry to come forth and speak. Is there a provision in that contract with Father Barry and the City that if he does not... Chairman Dawkins: No, no, no, not that one. Board Member Plummer:... if he does not provide housing or replacement for the housing that... Ms. Dames: And in the contract... Board Member Plummer: Ma'am, excuse me. I'm asking the legal beagle. Chairman Dawkins: I'm like you, J.L. I don't know, and that's why they're here, because they asked me, and I told them I do not know. Well, we can try to... Board Member Plummer: As far as I'm concerned, I think that the contract should be reviewed by the CRA attorney, and live up to the contract. Whatever it says is what should be. Mr. Bailey: I would just like to say on the record - and I don't know - but if anyone who lives on the property who is replaced because of government action, then those people have to be paid relocation benefit. Now, this is a tricky question, and I guess our attorneys have to look at it. We don't know whether our action by transferring the property to Father Barry is an action causing people to be removed from the property, and then whether or not that requires a relocation cost. And we will look into that, because we were the owners of the property, and we did give it to the church, and the church is causing people to be relocated. Chairman Dawkins: OK. In the meantime, what are these people supposed to do while we are researching? Mr. Bailey: Well, he has a fee simple deed, and Father Barry... 13 February 26, 1996 FE Chairman Dawkins: No. I thought... No. These people who are being displaced because of... You say you don't think it's our fault. I do. Because if we had not given the building to Father Barry, they would not be displaced. Now, those people who are displaced because of our action, you just said there are... No, I'm sorry, you didn't. You said they may be entitled to relocation... Mr. Bailey: Cost. Chairman Dawkins:... cost and assistance. Mr. Bailey: Yes, yes. Chairman Dawkins: All right. Now, they're not getting that. So now, what do we... What do we do in a case like this? Board Member Plummer: Turn it over to the attorney. Mr. Bailey: Yeah. We will look at it first thing tomorrow, Commissioner. Chairman Dawkins: All right. Mr. Bailey: Because this thought just came to me. I didn't realize, you know, that... what was happening. But there is a possibility that we have to inform Father Barry that might be the case, _._..and we -might be able to work out some solution. Chairman Dawkins: OK. No, no, no. We will work out a solution. Mr. Bailey: All right. Chairman Dawkins: OK? Board Member Gort: That's good. Chairman Dawkins: OK. Now, we're going to find a solution. And I'm going to say now, and I hope I get a motion, any more land that this CRA or the City of Miami gives must have a reverter clause. When it's not following through, it comes back to the City. Now, I'm hoping I can get that... Board Member Plummer: So move. Board Member Gort: Second. Vice Chairman Clark: Third. Chairman Dawkins: All right. So it... Now, so that's where the CRA... Board Member Plummer: Wait. We don't know how you vote. Chairman Dawkins: Well, I vote... unanimous. Board Member Plummer: OK. 14 February 26, 1996 z The following motion was introduced by Board Member Plummer, who moved its adoption: MOTION NO.96-1 A MOTION OF THE, SEOPW/CRA BOARD STATING THE POLICY THAT ANY FUTURE DONATION OF LAND MUST INCLUDE A REVERTER CLAUSE, FURTHER STIPULATING THAT SAID POLICY BE REITERATED TO THE CITY ADMINISTRATION. Upon being seconded by Board Member Gort, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ��},�►.:,_�;:,L„� � ENT• Joe Carollo _.....jChaitman.Dawkins: Mm-hmm. OK? That's right. So we will... Now, listen. You see, all four of us - and the fifth one is somewhere negotiating for the Heat, the Arena - but you've got five of us up here who - and Mr. Bailey - who say we're going to find a solution. So call us every day until we get this worked out. Ms. Mansfield: And I called you this morning. Chairman Dawkins: OK. Yeah. Call me. Come to my... No, you come my house. You don't call me. OK? So we will work... Yes, ma'am, go ahead, darling. Board Member Plummer: I just found a place for her to live. Do you like 50th Street? Ms. Patricia Ann Payne: Hi. My mother is one of the elderly women that stays in the building. She has. been there for like 37 years. Matter of fact, I was raised there. And she's one of the tenants. She always paid her rent on time, and now, she's not getting any help. Chairman Dawkins: Mm-hmm. Ms. Payne: My eviction notice was brought to you Ms. Chris, and I didn't receive it. Chairman Dawkins: Mm-hmm, OK. Ms. Payne: Without this eviction notice, I wouldn't be able to get my mother into emergency housing. Chairman Dawkins: OK. Well, your eviction notice is out in my car. I'll go get it in a few minutes. Ms. Payne: OK. OK. Thank you very much. Mr. Bailey: Could we get each one of your phone numbers and name... 15 February 26, 1996 Chairman Dawkins: Mariela. Mr. Bailey: ... so we can go to special... Would you go over there and leave your name and phone number so we can talk to Special Housing and see can we come up with a solution. Ms. Mansfield: OK. I have talked to Special Housing. They have turned me down. Chairman Dawkins: Now we'll talk to them. Ms. Mansfield: I had to write Carrie Meeks for help, so it could come back. Chairman Dawkins: And she sent the letter to me. Ms. Mansfield: OK. Mr. Bailey: We understand that, but we will talk to them. Ms. Mansfield: I want it on the record. That's why I'm saying that. Chairman Dawkins: OK. That's right. OK. Mr. Bailey: We will talk to them. Chairman Dawkins: OK? Now, so we will work on this. And another thing I would like to say to all of you, the Overtown Advisory Board should find a way to work with this CRA Board. We all 'are after the same objective - the betterment of Overtown. And if we've got one group over here, and one group over here, we're not in coordination with what we're doing. We aren't going to get anything done. So let's find a way for us to work together. OK? Ms. Dames: But in the meantime, we have a twenty-four hour notice so... Chairman Dawkins: Well, in the morning, Mr. Bailey is going to call Father Barry and tell him that if he puts you out, that he's got to put you someplace, so he may as well let you stay there until we find out what we're doing. OK? Ms. Dames: All right. Chairman Dawkins: We're going to try that, now. We can't... See, we gave the property... See, that's why we're here. We gave the property to Father Barry, and Father Barry is doing what he wants to do, and we think he ought to be doing something different. OK? Ms. Mansfield: Right. He's supposed to be providing housing. Chairman Dawkins: Yes, sir. Go right ahead, sir. Mr. Donald Benjamin: Mr. Chairman and members of the CRA, I want to introduce to you some members of the Overtown Advisory Board who are here. Chairman Dawkins: I know all of them. We... Board Member Plummer: For the record, who are you? Mr. Benjamin: Mr. Lyons... I'm Donald F. Benjamin. 16 February 26, 1996 Chairman Dawkins: We know. We know them all. Mr. Benjamin: Mr. McKnight, Mr. Smith... Chairman Dawkins: Why are you doing this? I invited them here this morning. I told them to come here this morning. Mr. Benjamin: I just want it on the record, sir. Chairman Dawkins: Well, I know they're here. Mr. Benjamin: Thank you, my lord. Chairman Dawkins: That's right. Have a seat. Mr. Ted Lyons: Commissioners, my name is Ted Lyons, and I live at 915 Northwest 1st Avenue, and I'm the treasurer of the Overtown Advisory Board. Chairman Dawkins: Mm-hmm. Mr. Lyons: And we're trying to get a member of the Overtown Advisory Board on the CRA Board. T Chairman Dawkins: You have to be a member of the Commission. Board Member Plummer: You can't. Chairman Dawkins: You have to be a member of the Commission. Mr. Lyons: I understand there were several... Chairman Dawkins: You have to be a member of the Commission, Mr. Lyons. Mr. Lyons: I understand there were seven slots, so there's two other slots. Chairman Dawkins: No, no. You have to be a... Vice Chairman Clark: If we had a seven -member Commission, it would be seven slots. It's a five -member Commission. Chairman Dawkins: It's a five -member Commission, Mr. Lyons. That's it. OK? Board Member Plummer: Mr. Chairman, with no other business to come before this Overtown meeting, I would move we adjourn. Chairman Dawkins: No, wait. OK. Ms. Payne: This notice what you just gave me, that wasn't none of mine. That was Sharon Dames's. Ms. Dames: He said it was in the car. Mr. Irby McKnight: Yeah. He said it was in the car. 17 February 26, 1996 1 Chairman Dawkins: I gave... I sent yours by Chico. Ms. Payne: By Chico? Chairman Dawkins: Mm-hmm. He took it to your mother. Ms. Payne: He never... Chairman Dawkins: OK. All right. Let me find out in the morning. We'll get it for you. If not, I will send Chico wherever we got that from with you to get another one. Ms. Payne: Because I need it to... Chairman Dawkins: All right. We'll get you one, darling. Yes, sir. This is the last speaker. Go ahead, Mr. McKnight. Mr. McKnight: Yes. My name is Irby McKnight. I live at 224 Northwest 12th Street. And with... 240 Northwest 11th Street, the address just previously mentioned. When was the public hearing held to convert that building into a shelter? And why were we, who don't want another shelter, wasn't notified? Vice Chairman Clark: It's before my time, I know that. Chairman Dawkins: We don't... We didn't do it. Board Member Plummer: Well, excuse me. We did transfer the property, and it had to be by Commission action on a regular Commission agenda. Once we transferred the property, unless there was a zoning change or some zoning regulation, we would not even have known about what they did, as long as they're in compliance with the zoning procedures. But to answer your question, number one, we, the Commission, had to do it on a regular agenda. And number two, unless the zoning required a change, we would not even know about it. Chairman Dawkins: So if you know of a violation, bring it to our attention, and we will research it and correct it. Mr. McKnight: Is there a shelter where you all live? Ms. Mansfield: Yes. It's a rehab, mm-hmm. Board Member Plummer: Well, sir, that's not... It might be in compliance with the zoning regulations. Mr. McKnight: But we would have shown up at the Zoning Board to say, no, we don't want it. Board Member Plummer: There was no zoning hearing. Chairman Dawkins: There was no zoning hearing. Board Member Plummer: It was not necessary. Chairman Dawkins: Let us research it and find out what we have. Board Member Plummer: Irby, it was within the purview of what was permitted. 18 February 26, 1996 Ms. Mansfield: I have six men living on one side of me, six men living on the other side of me, and when I come in my gate every day, there's six men. They're not related. Chairman Dawkins: We're not saying you're not... We're not saying that's not what's happening. But we're saying that we don't know why, or how, or what. So let us find out, and then let's find out... Mr. McKnight: Another building that that's happening in,1217 Northwest 2nd Avenue. Chairman Dawkins: OK. All right. No further business on Overtown? Commissioner Plummer: I move to adjourn. Chairman Dawkins: OK. All right. Now we go into THEREUPON, THE CITY COMMISSION, IN ITS CAPACITY AS THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI ADJOURNED CONSIDERATION OF THE HEREINABOVE ISSUES, IN ORDER TO RESUME IN ITS CAPACITY AS THE OMNI COMMUNITY REDEVELOPMENT AGENCY. 19 February 26, 1996