HomeMy WebLinkAboutSEOPW OMNI CRA 1998-09-14 Minutes0
MINUTES OF OMNI COMMUNITY REDEVELOPMENT AGENCY
MEETING OF THE
BOARD MEMBERS OF MIAMI, FLORIDA
On the 14th day of September, 1998, the Board of Directors of
the Community Redevelopment Agency met in the City Hall, 3500 Pan
American Drive, Miami, Florida in regular session.
The meeting was called to order at 8:22 p.m. by Chairman
Arthur E. Teele, Jr., with the following board members found to be
present:
Board Member Wifredo Gort
Board Member Tomas Regalado
Board Member J.L. Plummer, Jr.
Board Member Joe Sanchez
ALSO PRESENT:
Hilda Tejera, Executive Director
William Bloom, CRA Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
1. DISCUSS/DEFER REAFFIRMATION OF AMENDMENT TO SOUTHEAST OVERTOWN
/ PARK WEST LEASE AND DEVELOPMENT AGREEMENT WITH POINCIANA
VILLAGE, LTD., PREVIOUSLY APPROVED BY THE COMMUNITY REDEVELOPMENT
AGENCY BOARD - BRIEFLY DISCUSS FANNIE MAE FOUNDATION NEW
PARTNERSHIP INVOLVEMENT WITH POINCIANA VILLAGE, LTD. - SEE LABEL
3.
Chairman Teele: Mr. Chairman?
Board Member Plummer: Mr. Teele. Mr. Teele. Please.
Chairman Teele: Mr. Chairman, the CRA (Community Redevelopment
Agency) Board meeting...
Board Member Plummer: Mr. Teele, go ahead. I think you can out
talk them.
Chairman Teele: Mr. Chairman, the CRA Board Meeting, which you
called for a special meeting today, immediately following this, is
now convened. You had a number of ... you had several questions
relating to that.
Mr. Vilarello (City Attorney): Commissioner, I had requested
earlier, in my conversations with Commissioner Plummer, an
opportunity to further review this item and advise ... and review
1 September 14, 1998
this item and advise the Commissioners some time between now and
next week, and with regard to that item, I request a deferral
until the 22nd. I believe that's next Tuesday.
Board Member Plummer: Whatever.
Chairman Teele: All right. The question is this ... and, again, as
the CRA people come in. The question is this, it is my
understanding that there was to be a closing and that Commissioner
Plummer has requested that there not be a closing until he is
satisfied?
Board Member Plummer: That is correct, sir. I've asked for
additional information on the bank notes and other items that I
have asked of the City Attorney, who was unable to produce such,
and so I have asked, without having to invoke any rule, that, in
fact, I am asking for those documents and that, in fact, we would
have a meeting any time two days after the documents have been
produced. I so move.
Chairman Teele: You so move what?
Board Member Plummer: I move the deferment.
Chairman Teele: The motion to defer is moved and seconded by the
Chair. For purposes of discussion, Commissioner, let me just say
this to you. This Board authorized the bank, Mr ... the developer
to move forward. I think, if any member of the CRA Board has a
question, great deference should be given but I must tell you, I
think, if the developer chooses to take an action against the CRA
Board, I think the Board is basically placing not only this Board
but the City of Miami in peril. I would call your attention, Mr.
Plummer, to the fact that this Board has been sued in the past by
a developer long before I got here and most of us got here and the
City wound up paying two million dollars ($2,000,000) in just out
and out fees for Board misconduct and City of Miami's failure to
properly execute. And so, with your permission, I would ask Mr.
Weitzel, the developer, if he would come forth and agree on the
record to the deferral of closing so that the Commissioner can
properly apprise himself of the matters that he would like to be
apprised of. Mr. Attorney, do you have a problem with that?
Mr. Vilarello: No, I don't.
Chairman Teele: Mr. Weitzel.
Mr. Ted Weitzel: My name is Ted Weitzel, President of Poinciana
Village. I live at 269 Northwest 7th Street, Miami 33136.
Chairman Teele: Hilda, can you all pass out the budget, please,
real fast? Yes. Mr. Weitzel, do you have a ... can you live with
this request, please? And I hope that you will be able to live
with this request that Commissioner Plummer is making.
2 September 14, 1998
Mr. Weitzel: No, Mr. Commissioner. We were ready to close this
afternoon. We were delayed from closing. We're ready to close
right now.
Board Member Plummer: I can't hear his answer. I'm sorry. Would
you speak a little louder, please?
Mr. Weitzel: Let me tip ... is that better? I said, in all due
respect, Mr. Commissioner, we're ready to close this afternoon.
The only thing that delayed it was, we were supposed to come down
here and we're told not to close. We're ready to close tomorrow.
Mr. Vilarello: Commissioner Teele, if I may? The documents that
Commissioner Plummer requested to review were not made available
to him until today. I think it's an appropriate request to ask
for an additional eight days so that Commissioner Plummer can
review, any other members of the CPA can review, those documents
prior to closing.
Chairman Teele: I am not going to argue with you and I will
support the request of any Commissioner who wants more time but I
will tell you on the record, I think it is an absolutely
inappropriate request. It goes well beyond our matters. As it
relates to a Board of Directors, we don't review closing documents
for any other developer, to my knowledge, since I've sat here. We
have never reviewed closing documents. I think it's beyond the
purview of this Board to do so but I will tell you right here and
right now, I will support Commissioner Plummer's request to get
more information.
Board Member Plummer: And, Commissioner Teele, I appreciate that
and my only comment will be brief. No other project has ever had
the 10-year history that this project has had. That's why I'm
asking...
Chairman Teele: And, Commissioner, I've been here for less than
10 months and this project has been waiting for 10 years and I
have called this man every day of the week for the last six weeks,
moving this project forward, and the only thing that I'm saying is
that I think, if there is a request for information, that
information could have been made to the developer and gotten it
the same way that I've gotten it and I just think this is a
terrible, terrible, terrible precedent and I want to be very clear
on the record, I will support your request and anybody else's
request but I think these requests need to be reasonable and they
need to be timely.
Board Member Plummer: Sir, I said and I'll say again, once the
documents are presented to me, I would ask you, as Chairman,
within 48 hours, to call a special meeting.
Chairman Teele: Well, I'll do one better. Let's agree on the
meeting now because the one thing we don't want to do is to
continue to delay this matter. Commissioner, for the first time
3 September 14, 1998
in the history of this city, a major public corporation, the
Fannie Mae Corporation, is participating in an inner city
development. Mr. Weitzel came to us and we approved bringing the
Fannie Mae Foundation on board as a part of this development team
and I think this sends a very, very, very mixed message to people
who really want to do development in the inner city and I would
remind you that this is in the poorest census track in the entire
City of Miami. But on the motion...
Board Member Plummer: I don't think Fannie Mae would have any
problem with this City trying to make sure that we are protecting
every aspect of what we are doing. I can't imagine. And that's
all I'm asking for, is the ability to have the documents...
Chairman Teele: And I support your right and any Commissioner's
right to get information.
Board Member Plummer: Thank you, sir.
Chairman Teele: On the question, all those in favor, say "aye."
All those oppose?
Board Member Plummer: Let the record reflect that Mr. Weitzel did
not agree and I think that Is part of the history, so he has that
choice and it was voluntary on his part and he chose not to do it.
4 September 14, 1998
The following motion was introduced by Board Member Plummer, who moved
its adoption:
MOTION NO. 98-18
A MOTION TO DEFER REAFFIRMATION OF THE AMENDMENT OF THE SOUTHEAST
OVERTOWN/PARK WEST LEASE AND DEVELOPMENT AGREEMENT BETWEEN THE CITY
AND POINCIANA VILLAGE OF MIAMI, LTD., PREVIOUSLY APPROVED (PER
SEOPW/CRA R-98-9) BY THE COMMUNITY REDEVELOPMENT AGENCY BOARD.
Upon being seconded by Chairman Teele, the motion was passed and
adopted by the following vote:
AYES: Board Member Wifredo Gort
Board Member Tomas Regalado
Board Member Joe Sanchez
Board Member J.L. Plummer, Jr.
Chairman Arthur E. Teele, Jr.
fNt.N09
None.
ABSENT: None.
2. ACCEPT IN PRINCIPLE THE FISCAL YEAR 1998-1999 COMMUNITY
REDEVELOPMENT AGENCY BUDGET.
Chairman Teele: All right. Mr. Chairman...I mean, Commissioner
Plummer, before you leave, I would ask that Commissioner Regalado
move the CPA budget for purposes of a CRA review and then we, as
the City Commission, will have the time to review it in more
detail.
Board Member Plummer: And I second the motion.
Board Member Regalado: I so move.
Chairman Teele: Moved by Commissioner Regalado. Seconded by
Plummer. All those in favor, say "aye." Those oppose have the
same right.
The following motion was introduced by Board Member Regalado, who
moved its adoption:
MOTION NO. 98-19
A MOTION ACCEPTING IN PRINCIPLE THE FY `98-'99 COMMUNITY REDEVELOPMENT
AGENCY (CRA) BUDGET, FOR PURPOSES OF A CRA REVIEW BY BOARD MEMBERS,
THUS ALLOWING FOR A MORE DETAILED BUDGETARY REVIEW BY THE CITY
COMMISSION, OF PROPOSED BUDGET, WHICH WAS MORE FULLY OUTLINED IN
BUDGET DOCUMENT ENTITLED, "COMMUNITY REDEVELOPMENT AGENCY"
(REVENUES/PROJECTED EXPENDITURES") SUBMITTED TO THE CRA BOARD AND
ENTERED INTO THE PUBLIC RECORD ON THIS SAME DATE.
Upon being seconded by Board Member Plummer, the motion was passed and
adopted by the following vote:
5 September 14, 1998
AYES: Board Member Wifredo Gort
Board Member Tomas Regalado
Board Member Joe Sanchez
Board Member J.L. Plummer, Jr.
Chairman Arthur E. Teele, Jr.
NAYS:
None.
ABSENT: None.
3. SCHEDULE MEETING OF COMMUNITY REDEVELOPMENT AGENCY FOR
SEPTEMBER 22, 1998, AT 6 P.M., IN CITY HALL - FOR CONSIDERATION OF
POINCIANA VILLAGE PARTNERSHIP CLOSING - SEE LABEL 1.
Chairman Teele: And if there's no other matters, I think we
should agree right now on a date and time for the meeting.
Commissioner, what is convenient...
Board Member Plummer: How about next Monday?
Chairman Teele: Monday at what time? We have budge meeting...
Board Member Plummer: Monday ... no.
Board Member Regalado: No, we don't.
Chairman Teele: Monday is a budget hearing, isn't it?
Board Member Plummer: Next Monday is the 21st and if you want to
have a meeting next Monday, it's fine with me.
Mr. Donald H. Warshaw (City Manager): Budget is the 28th.
Board Member Plummer: You're not listening. We're not talking
about budget.
Mr. Vilarello: Twenty-first or the 22nd are available.
Board Member Plummer: We're talking about Mr. Weitzel. And that
would be on the 21st, a week from today, at 5:00.
Chairman Teele: Why don't we do it at high noon? What time is
convenient?
Board Member Plummer: On Monday, the 21st?
Chairman Teele: When are you available, Commissioner Gort?
Board Member Gort: I'll be back Tuesday and I'll be able to meet
Tuesday night.
Chairman Teele: All right, Tuesday...
6 September 14, 1998
Board Member Plummer: That's tough for me.
Chairman Teele: Wednesday?
Board Member Plummer: Tuesday during the day I can meet.
Chairman Teele: He won't be back until the night
Board Member Plummer: You won't be back until Tuesday night? Can
you make it five o'clock?
Board Member Gort: I'll try, see what I...
Board Member Plummer: Five o'clock, I can make it without...
Chairman Teele: Five o'clock.
Board Member Plummer: Yeah.
Board Member Gort: See if I could push...
Chairman Teele: Tuesday at City Hall.
Board Member Plummer: Wherever you wish, sir. Whatever's
convenient.
Mr. Weitzel: Mr. Commissioner, the reason I objected to the
delay, is the CRA has had all these documents from day one.
They've been a party to all these negotiations. All the documents
are in the hands of the CRA and have been from day one.
Board Member Plummer: Mr. Weitzel, you could be very true.
They've not been furnished to me.
Mr. Weitzel: And I apologize for that but I didn't realize that
was my responsibility. So, what is the end result now?
Chairman Teele: The end result is, there is an informal request
made of you not to close until after this coming...
Board Member Plummer: Would be the 22nd.
Chairman Teele: The 22nd at 5 p.m. and, at that time, the
Commission will vote ... the CRA.
Board Member Plummer: And that's assuming that the documents will
be provided to me no later than Monday at 8 a.m.
Mr. Weitzel: When you say informal, what if I chose to go ahead
and close?
Chairman Teele: I can't advise you on that. Your attorney can
and our City Attorney can. I can't offer you any advice.
7 September 14, 1998
Mr. Weitzel: Fannie Mae called me today and said close. That
that was Fannie Mae's position.
Board Member Plummer: And I think that's only two hundred and
forty-three dollars ($243) out of a million and a half, is that a
correct statement?
Chairman Teele: That's totally incorrect. Fannie Mae is the only
reason this document is closing. If you review the
correspondence, I'm almost...
Board Member Plummer: I'm asking for the dollar amount. Is it
not two hundred and forty-three thousand?
Mr. Weitzel: Three hundred and ten.
Board Member Plummer: I'm sorry. I stand corrected. Two hundred
and eighty thousand out of a million and a half.
Chairman Teele: Three ten but their money is different.
Board Member Plummer: Well, wait a minute. Now, you know, that
bothers me. When the attorney is telling me one figure and you're
telling me another, somebody's got to be wrong. Now, who is it?
Mr. Weitzel: OK. The amount was changed from two...
Board Member Plummer: I didn't ask you. Thank you. I want to
know, the attorney said 280. Commissioner Teele said 310.
Somebody's got to be wrong.
Chairman Teele: I thought...
Board Member Plummer: It ain't be me because I didn't make the
numbers.
Chairman Teele: I thought today Fannie Mae agreed to fund the
settlement matter related to one of the partners.
Mr. William Bloom: The two hundred and eighty thousand number
comes from the partnership agreement, which reflects what Fannie
Mae's contribution is.
Chairman Teele: You need to come to the...
Board Member Plummer: OK. Hey, it's really... it's a small deal
but it's just the idea of what I was told. OK.
Chairman Teele: Go ahead, Mr. Bloom and say who you are for the
record.
Mr. Bloom: William Bloom, Holland and Knight and I represent the
CRA. The partnership agreement with Fannie Mae coming as a
partner reflects a contribution of two hundred and eighty thousand
8 September 14, 1998
dollars ($280,000).
Chairman Teele: All right. Again, Mr. Weitzel, I cannot advise
you but I think the Clerk is asking that Commissioner Plummer make
the motion that we meet on Tuesday...
Board Member Plummer: Six o'clock.
Chairman Teele: Six o'clock on Tuesday. What is it?
Board Member Plummer: The 22nd.
Board Member Gort: Twenty-second.
Chairman Teele: September 22nd, at City Hall, for the purpose of
reviewing the documents or for the purpose of acting on the
Poinciana Village Partnership closing, and it's seconded by the
Chair. All those in favor say "aye." Those oppose have the same
right.
The following motion was introduced by Board Member Plummer, who moved
its adoption:
�[i�i]�i�[i]�I II•Ii;
A MOTION SCHEDULING A MEETING OF THE COMMUNITY REDEVELOPMENT AGENCY
(CPA) FOR TUESDAY, SEPTEMBER 22, 1998 AT 6 P.M. IN CITY HALL CHAMBERS
FOR THE PURPOSE OF CONSIDERING CRA BOARD ACTION ON THE PROPOSED
POINCIANA VILLAGE PARTNERSHIP CLOSING.
Upon being seconded by Chairman Teele, the motion was passed and
adopted by the following vote:
AYES: Board Member Wifredo Gort
Board Member Tomas Regalado
Board Member J.L. Plummer, Jr.
Chairman Arthur E. Teele, Jr.
NAYS:
None.
ABSENT: Board Member Joe Sanchez.
Board Member Plummer: This meeting adjourned?
Chairman Teele: The meeting is adjourned.
Board Member Plummer: Thank you, sir
9 September 14, 1998
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 8:34 P.M.
ATTEST:
Walter J. Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
ARTHUR E. TEELE, JR.
CHAIRMAN
10 September 14, 1998