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HomeMy WebLinkAboutSEOPW OMNI CRA 1999-03-08 MinutesCITY OF MIAMI `: N ORWcO' TED 18=�9E �,. .._... COMMUNITY REDEVELOPMENT AGENCY MINUTES OF MEETING HELD ON MARCH 8, 1999 PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL Walter J. Foeman/City Clerk INDEX MINUTES OF CRA MEETING March 8,1999 ITEM NO. SUBJECT LEGISLATION DISCUSSION OF KPMG PEAT MARWICK FEE PROPOSAL TO PERFORM VARIOUS AUDIT -RELATED PROFESSIONAL SERVICES ON BEHALF OF THE COMMUNITY REDEVELOPMENT AGENCY (the "CRA.") (A) REVIEW OF AUDITS PREVIOUSLY CONDUCTED OF THE SOUTHEAST OVERTOWN/PARK WEST TRUST FUND FOR FISCAL YEARS 1982 THROUGH 1998, AS AUTHORIZED BY SEOPW/CRA R-98- 26. (B) STUDY OF TRENDS, PRACTICES AND OTHER FACTORS AFFECTING THE TAX BASE OF THE CRA AND THE SCOPE OF SERVICES TO BE PERFORMED RELATIVE TO THE STUDY, AS AUTHORIZED BY SEOPW/CRA R-98-27 AND OMNI/CRA 4-98-7. (C) STUDY OF THE EFFECT OF PROPERTY OWNERSHIP CONVERSION TO GOVERNMENTAL OR TAX EXEMPT ORGANIZATIONS MAY BE HAVING ON THE CRA'S ABILITY TO REMOVE SLUM AND BLIGHT FROM THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT AREAS AND THE SCOPE OF SERVICES TO BE PERFORMED RELATIVE TO THE STUDY, AS AUTHORIZED BY SEOPW/CRA R-98-028 AND OMNI/CRA R- 98-8. (E) FEASIBILITY STUDY OF PHASE IV OF THE POINCIANA VILLAGE CONDOMINIUMS PROJECT TO DETERMINE THE FEASIBILITY OF PHASE IV BEING COMPLETED AS 91 CONDOMINIUM UNITS, 125 ROOM HOTEL OR 125 ROOM EXTENDED STAY FACILITY, AS AUTHORIZED BY SEOPW/CRA R-98-29.1. (F). PERFORMANCE OF A MANAGEMENT AUDIT OF THE HOMEOWNER'S ASSOCIATION OF POINCIANA VILLAGE CONDOMINIUMS PROJECT AND THE SCOPE OF SERVICES, AS AUTHORIZED BY SEOPW/CRA R-98-29.2. (G) PERFORMANCE OF A FINANCIAL AUDIT OF THE PARKING REVENUES GENERATED FROM PARKING LOTS WITHIN THE COMMUNITY REDEVELOPMENT AREAS AND TO BE PAID TO THE CRA BY THE CITY OF MIAMI' S DEPARTMENT OF OFF-STREET PARKING PURSUANT TO THE ASSIGNMENT OF LEASES FROM THE CITY OF MIAMI TO THE CRA, AS AUTHORIZED BY SEOPW/CRA R-98-30. 3/8/99 SEOPW/CRA M 99-1 OMNI/CRA M 99-1 3-13 2. PRESENTATION REGARDING MARGARET PACE PARK, 3/8/99 GIBSON PARK, GIBSON PARK ANNEX, WILLIAM PARK, OMNI/CRA M 99-2 RANGE PARK, DORSEY PARK AND REEVES PARK. 13-29 3. RESOLUTION OF THE BOARD OF DIRECTORS OF THE CRA RATIFYING THE ACT OF THE CITY COMMISSION OF THE CITY OF MIAMI, TAKEN ON FEBRUARY 23, 1999, ACCEPTING MIAMI-DADE COUNTY' S OMNI TAX INCREMENT PAYMENT OF $584,224 FOR CALENDAR YEARS 1996-97 AND 1997-98 IN ACCORDANCE WITH THE OMNI INTERLOCAL AGREEMENT BETWEEN AND AMONG MIAMI- DADE COUNTY, THE CITY OF MIAMI AND THE CRA. RESOLUTION OF THE BOARD OF DIRECTORS OF THE CRA AUTHORIZING THE CRA EXECUTIVE DIRECTOR TO ISSUE PAYMENT TO MIAMI-DADE COUNTY IN THE AMOUNT OF $280,277 PURSUANT TO THE INTERLOCAL COOPERATION AGREEMENT BETWEEN AND AMONG THE CITY OF MIAMI- DADE COUNTY AND THE CRA. 5. PRESENTATION BY THE OMNI ADVISORY BOARD - PRESENTATION REGARDING MARGARET PACE PARK, GIBSON PARK, GIBSON PARK ANNEX, WILLIAM PARK, RANGE PARK, DORSEY PARK AND REEVES PARK. 6. PRESENTATION BY THE OVERTOWN ADVISORY BOARD. 7. DISCUSSION OF THE STATE OF THE SAWYER'S WALK PROJECT. 8. STATUS REPORT OF THE SPECIAL COUNSEL REGARDING THE PREPARATION OF A WRITTEN REPORT ANALYZING THE TRANSFER OF THE PROPERTY KNOWN AS THE MIAMI ARENA LAND FROM THE CRA TO THE CITY OF MIAMI, INCLUDING A STUDY OF LAND VALUES AT THE TIME OF THE TRANSFER AND APPROPRIATE TITLE SEARCHES. 3/8/99 OMNI/CRA R 99-3 30-31 3/8/99 OMNI/CRA R 99-4 31-32 3/8/99 DISCUSSION 32-38 3/8/99 DISCUSSION 38 3/8/99 SEOPW/CRA M 99-2 38-44 3/8/99 DISCUSSION 44 9. TRANSFER AND APPROPRIATE TITLE SEARCHES. 3/8/99 (A) DISCUSSION OF THE BOARD OF DIRECTORS OF THE SEOPW/CRA M 99-3 CRA REGARDING THE POTENTIAL CONFLICT OF INTEREST OMNI/CRA M 99-5 ARISING AS A RESULT OF HOLLAND & KNIGHT, LLP 45-53 SERVING AS SPECIAL COUNSEL TO THE CRA WHILE ITS NEW PARTNER, ROBERT BEATTY IS SERVING (ALTHOUGH NOT IN HIS CAPACITY AS A HOLLAND & KNIGHT, LLP ATTORNEY) ON THE CITY OF MIAMI OVERSIGHT BOARD AND ITS CONTRACT REVIEW COMMITTEE. (B) DISCUSSION OF THE STATUS OF THE INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CRA AND THE CITY OF MIAMI. (C) STATUS REPORT OF THE SPECIAL COUNSEL REGARDING THE PREPARATION OF A WRITTEN REPORT ANALYZING THE TRANSFER OF THE PROPERTY KNOWN AS THE MIAMI ARENA LAND FROM THE CRA TO THE CITY OF MIAMI, INCLUDING A STUDY OF LAND VALUES AT THE TIME OF THE TRANSFER AND APPROPRIATE TITLE SEARCHES. 10 APPROVE CREATION OF $1,000,000 OVERTOWN 3/8/99 INNOVATIVE BUSINESS DEVELOPMENT PROGRAM TO SEOPW/CRA R 99-4 BE PREPARED BY MIAMI CAPITAL DEVELOPMENT 54-56 CORPORATION, INC. 11. RESOLUTION OF THE BOARD OF DIRECTORS OF THE 3/8/99 CRA AUTHORIZING AN AGREEMENT BETWEEN THE SEOPW/CRA M 99-5 CRA AND GREATER MIAMI NEIGHBORHOODS, INC., OMNI/CRA M 99-6 IN AT HE AMOUNT OF $75,000 FOR GREATER MIAMI 56-57 NEIGHBORHOODS, INC. TO PROVIDE CERTAIN PROPERTY IDENTIFICATION SERVICES, TO CONDUCT DUE DILIGENCE SERVICES RELATED TO THE PROPERTIES, TO NEGOTIATE THE PURCHASE OF PROPERTIES AND TO PERFORM AND COMPLETE CERTAIN DEVELOPMENT ACTIVITIES AND SERVICES AS REQUESTED BY THE CRA, AS AUTHORIZED BY SEOPW/CRA R-98-40.2 AND OMNI/CRA R-98-11. 12. RATIFY AIR SPACE AGREEMENT BETWEEN THE CRA 3/8/99 AND FLORIDA DEPARTMENT OF TRANSPORTATION SEOPW/CRA M 99-6 PROVIDING FOR A 20 YEAR LEASE OF THE AIRSPACE 57-60 AT I-95 AND 3-95 FOR THE PURPOSE OF DISPLAYING AN EXHIBITION OF ART AND OBJECTS OF ART HAVING AN AFRICAN, AFRICAN AMERICAN AND CARIBBEAN THEME, AS AUTHORIZED BY SEOPW/CRA M-98-40.3. (SEE LABEL 14). 13. RESOLUTION OF THE BOARD OF DIRECTORS OF THE 3/8/99 CRA AUTHORIZING CRA EXECUTIVE DIRECTOR TO SEOPW/CRA R 99-7 NEGOTIATE AND EXECUTE AN AGREEMENT 61 BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY AND FLORIDA INTERNATIONAL UNIVERSITY FOR FIU TO PROVIDE VOLUNTEER LABOR AND SERVICES FOR A PERIOD OF 5 YEARS TO MAINTAIN THE GARDENS UNDER THE RIGHT OF WAY OF I-95 AND I-395 AND TO COMPLETE THE ART WORK PURSUANT TO THAT CERTAIN AIR AND SPACE LEASE AGREEMENT BETWEEN THE CRA AND FLORIDA DEPARTMENT OF TRANSPORTATION. 14. RESOLUTION OF THE BOARD OF DIRECTORS OF THE 3/8/99 CRA RATIFYING THE AIR AND SPACE AGREEMENT SEOPW/CRA R 99-8 BETWEEN THE CRA AND FLORIDA DEPARTMENT OF 62-63 TRANSPORTATION AT 1-95 AND I-395 TO EXHIBIT ART (SEE LABEL # 12). 15. COMMENTS REGARDING MORE INFORMATION 3/8/99 NEEDED REGARDING AGREEMENT BETWEEN THE DISCUSSION CRA AND GREATER MIAMI NEIGHBORHOODS, INC. 63-64 (SEE LABEL #11). 16. DISCUSSION OF THE STATUS OF THE INTERLOCAL 3/8/99 COOPERATION AGREEMENT BETWEEN THE CRA AND SEOPW/CRA M 99-9 THE CITY OF MIAMI. (SEE LABEL 9-13). OMNI/CRA M 99-7 64 17. DISCUSSION OF THE BOARD OF DIRECTORS OF THE 3/8/99 CRA REGARDING ARTICLE V OF THE INTERLOCAL DISCUSSION COOPERATION AGREEMENT BETWEEN THE CITY OF 65-66 MIAMI AND THE CRA RELATING TO PERSONNEL AND OTHER RESOURCES TO BE PROVIDED BY THE CITY OF MIAMI TO THE CRA. 18. REPORT BY VICE-CHAIRMAN GORT REGARDING THE 3/8/99 EXPANSION NUMBER OF THE BOARD OF DIRECTORS SEOPW/CRA M 99- OF THE CRA FROM FIVE DIRECTORS TO SEVEN 10 DIRECTORS. OMNI/CRA M 99-8 66-73 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY MEETING OF THE CITY OF MIAMI, FLORIDA On the 8th day of March, 1999, the City Commission of Miami, Florida, met in the Doubletree Grand Hotel, 1717 No. Bayshore Drive, Miami, Florida, in regular session. The meeting was called to order at 5:05 p.m., by Chairman Arthur E. Teele, Jr., (hereinafter referred to as Chairman Teele), with the following board members found to be present: ALSO PRESENT: ABSENT: Board Member Tomas Regalado Board Member Joe Sanchez Board Member J. L. Plummer, Jr. Chairman Arthur E. Teele, Jr. Hilda Tejera, Administrator/Acting Executive Director Robert Friedman, CRA Attorney Elizabeth McBride, CRA Attorney Walter J. Foeman, City Clerk Board Member Wifredo Gort [NOTE FOR THE RECORD: Commissioner Sanchez informed the Board that he must leave at 6:00 p.m.] Chairman Teele: All right, the time is now ten minutes after five. Could we all stand for a moment of silent prayer followed by the pledge of allegiance to the flag? Amen. Board Member Plummer then led all those present in the pledge of allegiance. Chairman Teele: Thank you very much. The Chair notes the presence of all the members of the board with the exception of Commissioner Gort. The Chair also notes that Commissioner Sanchez must depart at approximately 6:00 p.m., to carry out previously committed duties. Are there any items to the added to the agenda? I have a note here asking... Whose note is this? Please add the following. March 8, 1999 Ms. Hilda Tejera (Administrator/Acting Executive Director): Those are the... Chairman Teele: Have these items been added to the agenda? Ms. Tejera: Yes, those are the resolutions. No, sir. We just got it... Chairman Teele: So, these items need to be added to the agenda? OK, Ms. Tejera: Yes. Chairman Teele: OK, why don't you just sit down and read them into the record what you want added into the agenda, please. Board Member Plummer: Is that aside from the agenda or added to the agenda? Ms. Tejera: Number seven and number nine and number sixteen is replacing the one that you already have there. Chairman Teele: So, so item... These are amended items that's in effect now? Board Member Plummer: Yeah. Ms. Tejera: Uh-huh. Chairman Teele: All right. Is there any objection? OK. Without objection. Items number seven, item number eight, item number nine... Ms. Tejera: Nine and sixteen. Chairman Teele: ... and sixteen. Ms. McBride: Are there any extra for anyone? Ms. Tejera: Yes... Chairman Teele: They are right there on the table. Board Member Gort: Everything is right there. Board Member Plummer: Do we have an underlying score of any of the changes since we have not seen them. Chairman Teele: OK, none of the changes will be taken up without them being explained. Board Member Plummer: OK. Chairman Teele: And, if you like, we can just amend the ones that you may be familiar with. All right. 2 March 8, 1999 1. DISCUSSION OF KPMG PEAT MARWICK FEE PROPOSAL TO PERFORM VARIOUS AUDIT -RELATED PROFESSIONAL SERVICES ON BEHALF OF THE COMMUNITY REDEVELOPMENT AGENCY (the "CRA.") (A) REVIEW OF AUDITS PREVIOUSLY CONDUCTED OF THE SOUTHEAST OVERTOWN/PARK WEST TRUST FUND FOR FISCAL YEARS 1982 THROUGH 1998, AS AUTHORIZED BY SEOPW/CRA R-98-26. (B) STUDY OF TRENDS, PRACTICES AND OTHER FACTORS AFFECTING THE TAX BASE OF THE CRA AND THE SCOPE OF SERVICES TO BE PERFORMED RELATIVE TO THE STUDY, AS AUTHORIZED BY SEOPW/CRA R 98- 2E AND OMNI/CRA 4-98-7. (C) STUDY OF THE EFFECT OF PROPERTY OWNERSHIP CONVERSION TO GOVERNMENTAL OR TAX EXEMPT ORGANIZATIONS MAY BE HAVING ON THE CRA'S ABILITY TO REMOVE SLUM AND BLIGHT FROM THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT AREAS AND THE SCOPE OF SERVICES TO BE PERFORMED RELATIVE TO THE STUDY, AS AUTHORIZED BY SEOPW/CRA R 98-028 AND OMNI/CRA R 98-8. (E) FEASIBILITY STUDY OF PHASE IV OF THE POINCIANA VILLAGE CONDOMINIUMS PROJECT TO DETERMINE THE FEASIBILITY OF PHASE IV BEING COMPLETED AS 91 CONDOMINIUM UNITS, 125 ROOM HOTEL OR 125 ROOM EXTENDED STAY FACILITY, AS AUTHORIZED BY SEOPW/CRA R 98-29.1. (F). PERFORMANCE OF A MANAGEMENT AUDIT OF THE HOMEOWNER'S ASSOCIATION OF POINCIANA VILLAGE CONDOMINIUMS PROJECT AND THE SCOPE OF SERVICES, AS AUTHORIZED BY SEOPWICRA R-98-29.2. (G) PERFORMANCE OF A FINANCIAL AUDIT OF THE PARKING REVENUES GENERATED FROM PARKING LOTS WITHIN THE COMMUNITY REDEVELOPMENT AREAS AND TO BE PAID TO THE CRA BY THE CITY OF MIAMI'S DEPARTMENT OF OFF-STREET PARKING PURSUANT TO THE ASSIGNMENT OF LEASES FROM THE CITY OF MIAMI TO THE CRA, AS AUTHORIZED BY SEOPW/CRA R-98-30, Chairman Teele: The first item relates to the review of the audit previously conducted by the Southeast Overtown Park West. Hilda. Board Member Plummer: You have got a copy of the audit, huh? Chairman Teele: Huh? Board Member Plummer: You have a copy of the audit? Chairman Teele: Yeah, it was passed out. Dated January 22nd. Board Member Plummer: You have a copy of the audit? Board Member Gort: For what? Chairman Teele: It's in the original packet that went out, J.L. Board Member Plummer: Here is my packet. I don't have a copy that's why I am asking. Unless it's further back in the... I start out with item number two. March 8, 1999 Chairman Teele: Is there a representative of KPMG? Ms. Hilda Tejera (Administrator/Acting Executive Director): Yes, sir. It's Mark Diaz. Chairman Teele: Why don't you all just come forward, introduce yourself to the board. Board Member Sanchez: Mr. Chairman. Chairman Teele: Yes. Board Member Sanchez: Could we take the items that are of the utmost importance? Chairman Teele: Actually, this is the most important item in that the Mayor has raised so many questions about it. Board Member Sanchez: OK. Mr. Mark Diaz: Mark Diaz, I am a Manager with... Board Member Plummer: Board Member Plummer: Excuse me. Can I get a copy of the audit? My, my... Hilda? Ms. Tejera: Yes, sir. Board Member Plummer: My, do I have a...? I did not see it in here. Chairman Teele: J.L., the audit, this is a discussion, this is not about the audit. This is about the board instructions that you have given. Why don't you let them just explain where we are. They have done an audit, and then the Mayor has raised some questions. So, this is not an audit, this is an instruction regarding the audit, is that correct? Board Member Plummer: Well, that's, that's not what I am reading, Mr. Chairman. Review the audits. Review, as to review the audits that previously conducted. Now, if we are going to review, I would assume you would have put something in my hands to read previous to being here. That's what I call a review. Mr. Diaz: No, my understanding is, that's one of the directives from the CRA (Community Redevelopment Agency) board that would be an engagement in itself to review audits that were performed in the past from I think, 1982 to the present. Board Member Plummer: OK, proceed. I'll... Mr. Diaz: My name is Mark Diaz, I am with KPMG, and I am a Manager. Mr. Ken Deon: Ken Deon, I am with KPMP, I am a partner. Mr. Michael Boyle: Mike Boyle, KPMG, Senior Manager. 4 March 8, 1999 Mr. Fernando Garcia-Chacon: Fernando Garcia-Chacon with KPMG Consulting. Mr. Diaz: I guess I'll start it off. We have submitted a series of proposal letters describing each of the areas that you want us to look at, and we have submitted to the board for, basically for your approval at this point, and that's where we stand right now. And, the first item being the review of audits previously conducted was Southeast Overtown Park West. We had sent a letter dated January 19th. Chairman Teele: January 22nd? Mr. Deon: Yeah, 22nd, Mr. Diaz: January 22nd, basically describing the scope of services, what we would do and the outcome. Our proposed fees were approximately twenty-five thousand dollars ($25,000), and what we were going to do in that scope is to gain an understanding of the integrity of the County records and other documentation that supports the activity of the CRA and based on those results we would go further with it. Our issue at this point has been, we wanted to make sure that the records, you still have the records since 1982, essentially. Chairman Teele: And, the question really just gets down to, how much is it going to cost and who is going to pay for it? Mr. Diaz: Right. Right now, we propose... Chairman Teele: This board has already directed that it be done. I have asked that it come back here again, because you know, my concern about the CRA is that it seems like we spend a lot of money, we spend a lot of money, but we don't have a lot of buildings coming out of the ground and it seems to me that some of these soft costs that the board, the Mayor, the Manager are all directing at some point they have got to be paid. The total cost of this kind of study going back to 1982, and I think the board will recall the Genesis of this about the so called "missing money" will cost essentially, how much money? Mr. Diaz: Commissioner, at this point, without looking at the records, with back-up, with detail you have, I don't know. What we are proposing here is to do it step one, is to sit down interview management, interview accounting personnel and others involved with the CRA and look at those and review the records, the accounting records and determine, you know, what you had, and basically we felt that would cost about twenty-five thousand dollars ($25,000) to do that. Based on the results of that we would be able to come back with a scope, like an audit work plan and I can give you a better idea of what our fee, fee estimate would be. We also have quoted in here rates that we would charge you to conduct the audit. Chairman Teele: Hilda, did you give...? Ms. Tejera: Excuse me. I am sorry. Chairman Teele: Did you give everybody a copy of their letter to you? Board Member Plummer: It's not in my packet. March 8, 1999 Ms. Tejera: Everybody has it. [inaudible]. I understand, we are talking about item 1-B on the agenda, right? Mr. Diaz: That's correct. Ms. Tejera: I understand that the estimate was at the price of ninety thousand dollars ($90,000) as set forth in the proposal. Mr. Diaz: No. Mr. Deon: No. Mr. Diaz: No, no, no, it's not the same item. Ms. Tejera: As set forth in the proposal January, 1998. Mr. Diaz: No, it's... No, that's item number "C" under your agenda, point "C." Ms. Tejera: OK, I am sorry. Mr. Diaz: That's OK. Chairman Teele: 1-B is approximately twenty-five thousand dollars ($25,000). Mr. Deon: No, that's 1-A. Mr. Diaz: No, one... According to the agenda I am looking at it's 1-A. Mr. Deon: Yeah, that's... That's OK. [Note: At 5:15 p.m., Commissioner Gort entered the CRA meeting already in session.] Chairman Teele: All right. Let the record reflect that Commissioner Gort has come in and we have taken up no items Commissioner, you are in good time. Board Member Gort: OK. Board Member Plummer: You're talking three hundred dollars ($300) an hour for the partner? Mr. Diaz: Three hundred dollars ($300) an hour for the partner. Chairman Teele: Are these rates different from the rates that the City is already engaged? Mr. Diaz: I would have to look. I don't, I don't know that answer. Chairman Teele: Is your mike on? Board Member Plummer: Yes. 6 March 8, 1999 Mr. Diaz: Hello, yes. Chairman Teele: No. Mr. Diaz: No? Yes, no. No. It's on now. The rate, I don't know the answer to that, Commissioner. Board Member Plummer: Well, it's in your letter. I would hope you know what's in your letter. Mr. Diaz: No. The rates that we are quoting you to do the management audit is a partner, three hundred dollars ($300) an hour. The question was, is that the same rates that we are charging you on the audit... Board Member Plummer: Oh, I am sorry. That was the second question by the Chairman. Mr. Diaz: ... to audit the City, right. And, the answer is, I don't know. Board Member Plummer: Tell me what you have concern about being indemnified from a third party? Mr. City Attorney, I want you to address this issue. Who is Mr. Deon? Mr. Deon: I am Mr. Deon. Board Member Plummer: Oh, you wrote the letter? Mr. Deon: I wrote the letter. Board Member Plummer: OK. Phillip. Mr. Deon: Basically, what that, what we are trying to get across is that if a third party relies on this report and we are found to, let's see, unintentional misconduct of any KPMG personnel outside the, let's say... Board Member Plummer: I have got to indemnify you if KPMG personnel goof -up? Mr. Deon: No. No, no, no. Just the opp... No, no. It's a standard, it's just the standard language that we would use in case somebody relying on the report if we were... Let's say we were unintentionally, let's say we had misconduct, unintentional, undeliberate misconduct in case of, let's say lawsuit or anything like that we would, you know I would say we would be indemnified if went to, went to... Board Member Plummer: Mr. Attorney, speak to the issue please. I mean, I don't know why I have got to indemnify anybody that's... Chairman Teele: But once you start suing people that's the kind of language that comes up. Board Member Plummer: Well, that's... Chairman Teele: The City... The City Attorney ought to just come out... 7 March 8, 1999 Board Member Plummer: You know if you are concerned about being sued, I guess that's really the case, but I am wondering why we are worried about being sued. Mr. Attorney, you haven't seen this either, huh, obviously? I am sorry, Mr. City Attorney, this doesn't concern you. They don't do things like this in Hialeah. Chairman Teele: No. Board Member Plummer: Mr. Chairman, may I ask while the Attorney is looking over the document. Is there a reason why we did not go out and solicit bids on this matter? I mean, we'll never know whether we could have got a better price. There... Chairman Teele: Commissioner, let me say this. Board Member Plummer: Please, I am asking to your knowledge. Chairman Teele: No, no. Let me say this, I would like for you to chair a committee of one and let's get some resolution. I don't... I am sure you are not just trying to... I think the best thing to do, given the fact that you are the only Commissioner to my knowledge, that sits up here, that was here when this mess got started. I think it's just fair that you be the one to solve it because I am, I for one, don't feel comfortable even with the subject matter. Number one, if money is missing, it had... it didn't get missing under me. The reason that they are selected is very simple. You and the Commission and the management selected them as a City account. They are the accountant of record for the City of Miami and they were selected in a, in whatever process you all did. When they, when I got here they were selected. So, I don't understand now why we are you know, you know getting into this kind of discussion other than the fact that I am uncomfortable with the entire discussion. Board Member Plummer: Well, Mr. Chairman. Chairman Teele: I am not looking to embarrass anyone. To my knowledge no money is missing. To my knowledge the entire thing is a waste of taxpayer money. If the Mayor and the Commission and the management want an audit, I don't or haven't heard anybody from this board say that money is missing. I have not heard anybody from the staff say money is missing. And, what we are taking about is going back doing an audit from the beginning to now. At the end of the day, you are going to be talking about a half a million dollars when all of this is done and I am quite frankly, very uncomfortable doing this. I said I am willing to do it, if Mayor Carollo and Chief Warshaw feel that it's necessary, but my argument should be, I think, is that the City should pay for it. So, again, this is an accommodation. I really don't think we ought to take up a lot of time. If you are not comfortable, you are the only person that's on this board that was here in 1982. The issue goes back to how was the money spent from '82, and I can tell you how the money was spent. It was spent on staff and consultants and that's what I am trying to avoid now, another half a million dollars ($500,000) being spent on consultants. So, if you want to... Mr. Deon: Can I address the fee again with the twenty-five thousand dollars ($25,000) how we came up with it? When we met back, I think it was October at the Miami Arena... Chairman Teele: But, I think it's important. His issue doesn't relate to the fee. He says why are we using you? And, you know... March 8, 1999 Board Member Plummer: Without a bidding procedure, that's... Chairman Teele: Well, no, no, no, J.L. We are using them because the City of Miami is using them. And, I think for us to use one accountant and the City to use another accountant is inviting the kinds of things that we want to avoid. And, when the City bids, that is our bid, because the same reason that all of the other agencies of the City... Are you all the auditors for the MSEA (Miami Sports and Exhibition Authority)? Mr. Deon: Yes, we are. Chairman Teele: And, so I don't know why are trying to establish separate rules. The City has one set of rules, and that is, we have a City Auditor. So, I don't think we ought to take it upon ourselves, unless you know something that none of us know, that we ought to start trying to talk about going out and getting our own auditors. I think that would invite a division of the house or difficulties that we don't necessarily need to have with the City. Board Member Plummer: Well, there is... Chairman Teele: But, again, I think you should take it up and do what you, recommend what you would like to do. Board Member Plummer: Mr. Chairman, first of all, there is such a thing as an independent audit aside from that which has been done for the entire time that it's been around here. Now, if you ask me as a Committee of One at my sole discretion to straighten this matter out, I'll be happy to do it. Chairman Teele: All right. Board Member Plummer: But if it has the dictates of others, then I'll be just like it has been since 1982, screwed up. Chairman Teele: Well, all you need to do is, come in with a recommendation and I know that all of us would unanimously adopt any recommendation you make on the auditing issue which I think is superfluous. Board Member Plummer: I'll be happy to... Chairman Teele: Because if you lost the money... I mean, if money... if you had audits each year it seems superfluous to have another audit. But... Board Member Plummer: That might be my finding. Chairman Teele: All right, then let's temporarily table this item pending a report back from Commissioner Plummer. Board Member Plummer: And, I'll meet with them hopefully next week. Chairman Teele: All right, what's the next item on the...? 9 March 8, 1999 Board Member Plummer: Mr. Chairman, do you want this back? Mr. Deon: To study trends and practices and other factors affecting tax basis of CRA. Chairman Teele: What's the amount of that? Mr. Deon: That's... Mr. Tejera: Ninety thousand dollars ($90,000). Mr. Deon: Ninety thousand dollars. Chairman Teele: Is there objection? Ms. Tejera: I would like to say something. This proposal, actually is based upon the assumption that the accountant will work with KPMG officially to analyze this interest. It is my understanding, I don't know, it's my understanding that based upon the cost of this proposal that I really would not recommend the proceeding on this analysis. Chairman Teele: All right, if your are not recommending it, then let's table it. What's the next one? Board Member Gort: Excuse me, Mr. Chairman. Chairman Teele: Yes. Board Member Gort: First of all, I apologize for being late, but unfortunately I been going to a lot of things today, and I am kind of sick myself. But, let me ask you a question, where are we on the agenda, and...? Chairman Teele: We are on item number 1-C. Mr. Deon: Item 1-C. Board Member Gort: I have a question. Chairman Teele: Yes. Board Member Gort: My understanding is, all these items have been audited before. Audits have been conducted on these items before? Chairman Teele: Yes, sir. Board Member Gort: OK, so why don't we look at the... My understanding is, you just made a motion where we're naming J.L., in charge of all of the audits or just this number one... Chairman Teele: That was 1-A, the previous audits. 10 March 8, 1999 Board Member Gort: My question is this, if we have all the audits that have been conducted and it's being... and my understanding is, and correct me if I'm wrong, they are probably conducted by within house, with our people and outside. I don't know if HUD (Department of Housing and Urban Development) also requires audits for their reports. Can we have the Committee of One look at all the audits and see what's needed, and maybe what needs to be followed -up? Chairman Teele: That may be a good recommendation. Why don't we just take, refer all of the audit items to Commissioner Plummer with the understanding that we'll meet within 30 days to take this up. Board Member Plummer: That's fine. Chairman Teele: And, I'll be back... Board Member Sanchez: That's 30 days? Chairman Teele: Within 30 days, yes. Is there a motion? Board Member Gort: Move it. Board Member Sanchez: Second. Chairman Teele: Moved and seconded. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? I 1 March 8, 1999 The following motion was introduced Board Member Gort, who moved its adoption: SEOPW/CRA MOTION NO. 99-1 AND OMNI/CRA MOTION 99-1 A MOTION DEFERRING CONSIDERATION OF AGENDA ITEM 1-a (REVIEW OF ALL AUDITS OF THE COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR FISCAL YEARS 1982 THROUGH 1998); FURTHER REFERRING SAME TO BOARD MEMBER J.L. PLUMMER FOR HIS REVIEW; FURTHER DESIGNATING BOARD MEMBER PLUMMER AS A COMMITTEE OF ONE TO GIVE THIS MATTER PROPER RESOLUTION; FURTHER REQUESTING BOARD MEMBER PLUMMER TO COME BACK WITH A RECOMMENDATION ON THIS ISSUE IN 30 DAYS; FURTHER DEFERRING CONSIDERATION OF THE HEREINBELOW ISSUES, COMPRISING AGENDA ITEM 1: 1-b. (STUDY OF TRENDS, PRACTICES AND OTHER FACTORS AFFECTING THE TAX BASE OF THE CRA AND THE SCOPE OF SERVICES TO BE PERFORMED RELATIVE TO THE STUDY); 1-c. (STUDY EFFECT OF PROPERTY OWNERSHIP CONVERSION TO GOVERNMENTAL OR TAX EXEMPT ORGANIZATIONS MAY BE HAVING ON CRA'S ABILITY TO REMOVE SLUM AND BLIGHT FROM THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT AREAS AND THE SCOPE OF SERVICES TO BE PERFORMED RELATIVE TO THE STUDY); 1-d. (PERFORMANCE OF A RISK ASSESSMENT AUDIT OF THE POINCIANA VILLAGE CONDOMINIUMS PROJECT FROM THE COMMENCEMENT OF SUCH PROJECT, WITH SUCH AUDIT INCLUDING, BUT NOT LIMITED TO AN EXAMINATION OF COMMITMENTS MADE TO THE PROJECT'S DEVELOPER, COMMITMENTS MADE BY PROJECT'S DEVELOPER TO INDIVIDUAL BUYERS AT THE TIME OF UNIT PURCHASES AND MONIES LOST IN PROJECT BY OTHER INVESTORS); 1-e. (FEASIBILITY STUDY OF PHASE IV OF THE POINCIANA VILLAGE CONDOMINIUMS PROJECT TO DETERMINE THE FEASIBILITY OF PHASE IV BEING COMPLETED AS 91 CONDOMINIUM UNITS, A 125 ROOM HOTEL OR A 125 ROOM EXTENDED STAY FACILITY); 1-£ (PERFORMANCE OF MANAGEMENT AUDIT OF HOMEOWNER'S ASSOCIATION OF POINCIANA VILLAGE CONDOMINIUMS PROJECT AND SCOPE OF SERVICES); 1-g. (PERFORMANCE OF FINANCIAL AUDIT OF THE PARKING REVENUES GENERATED FROM PARKING LOTS WITHIN THE COMMUNITY REDEVELOPMENT AREAS AND TO BE PAID TO THE CRA BY THE CITY OF MIAMI'S DEPARTMENT OF OFF-STREET PARKING PURSUANT TO THE ASSIGNMENT OF LEASES FROM THE CITY OF MIAMI TO THE CRA). 12 March 8, 1999 Upon being seconded by Board Member Sanchez, the motion was passed and adopted b the following vote: AYES: Board Member Tomas Regalado Board Member Joe Sanchez Board Member J. L. Plummer, Jr. Board Member Wifredo Gort Chairman Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Chairman Teele: Discussion. Board Member Plummer: And, for the record, Mr. Chairman, I will go back to the Mayor and I want to show the Mayor that which is being asked to be done with a possible price tag from what K, what Marwick Mitchell says is three hundred and twenty-five thousand or more, your estimate of a half a million and to make sure that this is exactly what the Mayor is trying to find out or what he is trying to discover, and if he doesn't agree with this then we'll cut it down accordingly. Chairman Teele: Well, I think that will be very helpful, but I particularly think that these numbers are soft numbers and depending upon the records and the cooperation these numbers could escalate. Is that a fair statement? Mr. Deon: That's absolutely correct. We, the original quote of twenty-five thousand was based upon some fact finding that we did over the City and... CRA to try to find the records since 1982 and we came up with nothing. So, obviously, being a conservative auditor, I couldn't come up with a, you know, an exact quote. Board Member Plummer: All right, just for your information, sir, I will in fact meet the Mayor next week. I will furnish him in advance a copy of this and see if this is what he's exactly looking for, and then I'll get back in touch with you. 2. PRESENTATION REGARDING MARGARET PACE PARK, GIBSON PARK, GIBSON PARK ANNEX, WILLIAM PARK, RANGE PARK, DORSEY PARK AND REEVES PARK. Chairman Teele: All right. Given the Commish, one of the Commissioners is going to have to leave, I would like to take up item number twelve, because I think it's one of the things that a lot of the people here would like to... Board Member Plummer: All right. Chairman Teele: ...to have some discussion on and I think it would not be fair to you, Commissioner, if we take that up after you are gone. Board Member Sanchez: Thank you. 13 March 8, 1999 Ms. Hilda Tejera (Administrator/Acting Executive Director): That item is expanded by B and A. [phonetic] Thank you. Ms. Teresita Garcia: Good evening, my name is Terry Garcia with the firm of Bermello, Jamil and Partners and I have with me today Alfredo Sanchez, a partner with the firm and Elizabeth Newland which is our Director of Landscape Architecture. And, I understand that our item is to give you an update on the parks in the Omni and in Overtown area. If I may, if, start with Margaret Pace Park and an update of the activities there. On December 15, 1998, we presented a final schematic master plan for the entire Margaret Pace Park as it had been a goal of the Omni Advisory Committee for some years. And, an order of magnitude cost estimate for the construction of the entire park was also prepared. I have here the plans and you have at your seats.you have smaller copies of the site plan of the parks, some sections and the cost estimate. If it is the board's pleasure, we can go through what is included in the plan and go through a presentation of the master plan. Chairman Teele: Please. Ms. Garcia: Elizabeth. Board Member Plummer: I only have one question I wish you would address. Are you talking about that this could be done in stages, of an "A", `B" as money becomes available? Ms. Garcia: Absolutely. Board Member Plummer: OK, that's... Ms. Garcia: Right now, right now, the Safe Neighborhood Parks Bond Issue is three hundred and fifty thousand dollars ($350,000) which has a 22-month window that it needs to be spent. That includes the construction, the design and construction, the final design and construction of play structures, security lighting, walkways, some shoreline sterilization I believe that's it. And one thing that I was remiss in mentioning, we were authorized and working with the Parks Department to proceed with the environmental permitting that is needed to also prepare an application called "FIND" which using the three hundred plus thousand dollars of the Safe Neighborhood Parks Bond Issue we could have met another three hundred thousand dollars ($300,000) that would be made available. The... Ms. Tejera: Excuse me, correction. Isn't that three hundred and fifty thousand. Ms. Garcia: Three hundred and fifty thousand, I am sorry. Ms. Tejera: All right. Board Member Sanchez: .. and that's first phase? Ms. Garcia: Well, three hundred and fifty thousand, that is already assigned... Board Member Sanchez: for parks. 14 March 8, 1999 Ms. Garcia: ... for parks, for the parks has to cover specific items that were included in the request, and those are the ones that I just said. The walkways, the lighting, the play structure, the vita course, I believe. Then, in addition to that, working in coordination with the Parks Department there is an additional grant called "FIND" and we can request an additional three hundred and fifty thousand dollars ($350,000) which needs to be used mostly for shoreline stabilization, perhaps some of the planting, things that deal with the shoreline. And, what we are doing, we were authorized to start the environmental permitting because you have to have the permits on hand, at hand ,in order to apply for the additional funds. So, what would happen is, the Safe Neighborhood Park three hundred and fifty thousand dollars ($350,000) would be used as matching funds for the "FIND" grant which we would know if we get it by October. At that time then, you would have seven hundred thousand dollars ($700,000). But, back to Commissioner Plummer's question, in fact, if you see the cost estimate they are much more than seven hundred thousand dollars ($700,000). It's the entire park that covers a program that the Omni Advisory Committee had been working for years. And, I believe it's one point... MS. Tejera: Seven. Ms. Garcia: ... seven. So, obviously, there is going to be first phase that will be covered by the available funds and then the rest. Board Member Plummer: But there is... Chairman Teele: Mister, Commissioner Sanchez, in the budget process last year, you will recall the discussion that I had with the Budget Director where we actually moved out almost one million dollars ($1,000,000), I think it was nine hundred thousand dollars ($900,000) out of the, out of the trust fund account into a capital reserve for the Omni. Upon the completion of this report, it is my intent to recommend, and again, Commissioner Plummer represents this area although in my judgment the money could be used anywhere in the City. Although I think it's intellectually dishonest to do that because these are funds that were collected over the years from this area, that is the Omni Tax Increment area intended upon the money being matched by the County. Board Member Sanchez: And, has the County matched it? Chairman Teele: No. The County didn't match it, OK. And, that's the whole issue about not depositing the check, because if we had deposited the check then basically we would be waiving our right to have the County match it. Commissioner Plummer and the Commission has said"we are going to give up our rights to demand that money." And, so my position is at the end of her report is, that we take all of that money, all of the... I think it's nine hundred thousand or so and put it as a reserve against this park so we don't stretch these people out and we don't stretch out this process. Board Member Sanchez: So moved. Chairman Teele: Well, let's, let's hear this first. But, I wanted everybody to understand why I moved in August, in September the money out of the bond issue because if the money had been matched by the County then the money would not be available for this purpose. All of that money would be going to the Performing Arts Center. And, so where we are now is, we have a reserve, that reserve technically could go anywhere in the City, although since the money 15 March 8, 1999 originally came from this area, I think to go ahead and deal with it, the proper course of action would be to apply all of the capital reserve from the Omni to this project where there has been a lot of community discussions and community consensus. Board Member Plummer: And, what's the total amount of that? Chairman Teele: It's my recollection that it's between nine hundred and one million one. Board Member Regalado: Mr. Chairman, just a note. We should be aware, I am sure you are, that the parks bond money, they have a deadline and we need to move faster than we would have done it before because the Oversight Board is taking a lot of time approving the contracts and I don't know yet, it has not been established, but I don't know yet if the date of approval of the Oversight Board or the date of approval of the CRA (Community Redevelopment Agency) and the Commission is the one that the County will be looking at to release the funds or to cut off the funds. Chairman Teele: OK. Board Member Regalado: So, I think that we should look into that and move as soon as possible. Ms. Garcia: Well, what we are doing, we have also been authorized to go into the next phase of design development of the entire park, but we are in coordination with the Parks Department moving with the construction documents of those items included in the Park Bond issue for the design. They will be able to be used and construction could start by October when the other grant, we would know whether we have it or not. But, yes, there is a very time sensitive issue there, and there is a 22-month window whereby those monies that have allocated need to be spent. Board Member Plummer: What do we actually have to do to qualify to get the monies for the deadline? Ms. Garcia: I understand that, and... I understand that the monies already have been authorized for two years, for '97 and '98 on this particular one. Chairman Teele: What was your question, Commissioner? Board Member Plummer: In other words, there is deadline a drop dead date? Chairman Teele: Of what? Board Member Plummer: Of having something as I heard her say before, that if you don't have a shovel in the ground or concrete on the floor, that you take a chance of losing the money. Chairman Teele: Oh, you are talking about the parks bond money? Board Member Regalado: Yeah. Ms. Garcia: That's the parks bond money. 16 March 8, 1999 Board Member Plummer: OK. Ms. Garcia: Yes, there is a twenty-two... Chairman Teele: Twenty-two, twenty-two months. Ms. Garcia: Twenty-two months. Uh-huh. So... Chairman Teele: That not only applies to this park, it applies to the other parks that we are working on as well. Ms. Garcia: Right. Board Member Plummer: Well, what is that date that that twenty-two months end? Ninety- seven and ninety-eight, we are ninety-nine now. Ms. Garcia: Well... Board Member Regalado: I think we are cutting short. Board Member Plummer: That's why I am asking the question. Ms. Garcia: I believe when we met with the Parks Department about two weeks ago... Ms. Tejera: They say, I am sorry, June or July. I am sorry, I interrupted you. July that was, right. Board Member Gort: Of this year. Ms. Tejera: That was when I authorized you for the environmental permits. Ms. Garcia: Uh-huh. No, but that's, that's for the `FIND" grant. Ms. Tejera: For the "FIND." Ms. Garcia: That's a "FIND" grant. That's not what you are asking. Board Member Plummer: No. Ms. Garcia: What you are asking is, when does the twenty-two months start or when does it end? Board Member Plummer: End. Ms. Garcia: When I spoke to the Parks Department two weeks ago they indicated that, from that moment, we had twenty-two months. So, I am going to assume that it's from March on twenty- two... Board Member Plummer: Of this... 17 March 8, 1999 Ms. Garcia: ... But I can, I don't... I could find out the answer. Board Member Plummer: March last year, March this year? Ms. Garcia: This year. Mr. Phil Yaffa: I don't, I don't think that's right. Ms. Garcia: OK. Board Member Plummer: I don't either. Mr. Yaffa: [inaudible — off microphone.] The Parks Department in the '97 fiscal year, took down one hundred and fifty thousand dollars ($150,000) for Margaret Pace Park out of that bond issue to be allocated there. They did not spend it yet, then last '98 the requisition accepting one hundred and fifty thousand dollars ($150,000). I think that it is the, at least the first one hundred and fifty has to be spent by this July... Chairman Teele: No, that's not... Board Member Regalado: Absolutely. Chairman Teele: Now, it's, it's... Board Member Regalado: You're right. Chairman Teele: It's one package and how you take it down is, it doesn't determine. It's one package of funds that must be spent within twenty-two months. And, so drawing down the one hundred or the fifty doesn't really change the fact that you have got to expend it within the twenty-two month period. The Parks Department, I think, is monitoring this and I have talked to the Parks Director at the last Commission meeting when Hank Adorno was there and they that we were in good shape on this park. Now, let's be very fair with everybody. The delay on this park, and there hasn't really been a delay has been to get community consensus. I mean, a year ago, we didn't have any consensus on this. And, I think to a great credit, the people, many of the people in this room have engaged in some very helpful dialogue, but it, we have only reached a consensus really, I think in late December. Is that fair, Eleanor? Ms. Eleanor Kluger [inaudible — off microphone]: That was when we had the master plan. Chairman Teele: Yeah. Ms. Kluger: [inaudible — off microphone] Chairman Teele: Why don't we proceed with the master plan, and... Ms. Garcia: OK. Board Member Plummer: How soon could we have the documents prepared to go out to a bid? 18 March 8, 1999 Chairman Teele: A bid for what? Are we going? A bid for the three hundred thousand? Ms. Garcia: Right. Board Member Plummer: For any of the construction. Ms. Garcia: But, it could not be before October. Board Member Plummer: Well, that's what... Ms. Garcia: Well, let me tell you why it cannot be before October. Chairman Teele: For the first month, for the... Ms. Garcia: Let me tell you why it can't go out to bid before October. Because we are doing an application for a "FIND" grant, that is going to be an additional three hundred and fifty thousand dollars ($350,000). So, in October is when they announce if you have been given that three hundred and fifty thousand dollars ($350,000). And, it means the three hundred and fifty thousand dollars ($350,000) of Safe Neighborhood Parks as a match. So, while they are doing the application and evaluating the application, the three hundred and fifty thousand dollars ($350,000) that you have right now has to remain on whole as a match. Now, what we are going to do is, we are going to start the design so as soon as October comes it can go and get bidded out. Board Member Plummer: Well, I think... Board Member Gort: Mr. Chairman. Board Member Plummer: ... time is critical. I think time is important and I think we need to know exactly, not second guess what time frames we are under. I mean, it's very important. Ms. Garcia: That one I am positive on, and that is to be able to get an additional three hundred and fifty thousand dollars ($350,000) for the park. Chairman Teele: I will ask the Manager and the administrator to put together a joint memo and send it to the board, because I think, you know one of the things that we are trying to do and I think in the case of the Parks Department, it's going extremely well, is that the CRA staff and consultants are working with the Parks Department. And, one of the things that the Parks Department asked us to do was to let them be the liaison with the County, Safe Neighborhood Bonds process. So, so that that's clarified, I think if we do a joint memo it will be very clear and there won't be any problem, unless the Manager's staff... Did you all have any input on that now? Ms. Garcia: Asa... Chairman Teele: Ma'am. Ms. Marva L. Wiley (Special Assistant to the Manager): I am not clear on the question. 19 March 8, 1999 Chairman Teele: I said, did you have any input on the timetables relating to the Safe Neighborhood Parks bond money? Ms. Wiley: [inaudible — off microphone] I need to make a phone call as to Margaret Pace. The time period expired... Chairman Teele: December 2000 is the expiration of the time period. Board Member Plummer: So, we are not against the wall? Ms. Garcia: No. Chairman Teele: We are in good shape... Board Member Plummer: All right. Chairman Teele: ... as it relates to the Margaret Pace Park. Board Member Plummer: As long as we keep proceeding. Chairman Teele: Yeah. But, the City quite frankly is taking the position that they want to see this project done immediately and not against the 2000 window, and I don't want... That's legally where it is, but the Parks Department is having some problems in some other areas and it's a weighted process and it's one City of Miami pot. So, we are under pressure to exceed that time frame, line from the Parks Department. Ms. Garcia: Elizabeth, if you can? Chairman Teele: Make sure you get the mike, Elizabeth. Why don't you pull it out? Ms. Elizabeth Newland: Good evening, ladies and gentlemen, my name is Elizabeth Newland, I am Director of Landscape Architecture with BNA. Margaret Pace Park, we were given a pretty definitive program for how the community wanted to use the space. It's roughly eight and half acres. It's a large linear site. Our initial design response - thanks, Terry - was to have a central plaza space off of 18th Street, and we are creating an open plaza space here that could be used for civic events, markets. It is inframed by an arbor and then the central access goes right out to the water which, with a wooden overlook which would get people out where they could enjoy Biscayne Bay from that location. There is an existing, along the whole waterfront area, there is an existing shrub mass of scloba [phonetic] which we have learned is one of the problem, causes, some of the security problems in the park. In an invasive, exotic plant material that needs to be removed. So, we are proposing removing that and opening up the canopy so while you see trees here they'll all be canopied up so that you'll have, if you are driving along Bayshore Drive you'll have a view through to the water which I think is critical to the security issues in that area. Another security issue that was brought to our attention is the need for lighting and we are proposing overhead lighting along the whole perimeter walkway which starts here at the Central Plaza, goes down towards this direction towards the Fine Arts College and connects up to the overlook and then moves all the way along the shoreline. There is another fishing pier that we have located on the north corner there and then it wraps around again to this, another entrance on the, that would be the northwest side. As far as the recreational amenities, on this side we have 20 March 8, 1999 located four tennis courts, a tennis complex. This, just to the immediate right of the main access we have a play area with a separate tot lot for little children and a larger area here for the bigger kids to play in. One of the big uses on the park is soccer which you have to kind of use your imagination here and piece these two together, but we have two soccer fields shown in this location and another access point here to take you from Bayshore Drive out to the waterfront, and then we have a large cricket pitch for the cricket activities. These areas surrounding the cricket pitch are berms that will be elevated up with grass that viewers could use as they are watching the games. In the lower left hand corner of this plan we have two half courts, basketball courts, and they are related to the entrance on the north side. We feel that this is a beautiful drive along here that, and we want to reinforce the curvilinear nature of Bayshore Drive with a promenade of trees along that area, and then we would like to tie-in, as I said as I opened the, this discussion to 18th Street. At this southern end of the park, we are creating a plaza space that we feel would be a good enticement to get the kids over from the college to kind of use the space as a recreation area or break area. One of the important elements that the citizens felt needed to be added to the park was artwork, and we are proposing in this project that in some of these horizontal spaces in the park plaza areas that we could get the kids to design artwork and from the college and use those as possibly mosaics or other kind of painted paving surfaces in there. And, we have also had some other comments from the community regarding adding sculpture which we would like to look at that as we develop the plans for the park. There is also in your packet some sections that show how the waterfront and the trolley systems would work. If you could take a look at those now, I am going to describe them a little bit. The walkway, along the shoreline we felt that there was no need for a rip -wrap of any kind of retaining wall. It's a very shallow grade from the water up the slope and we felt that that just needed to be cleaned up and we are proposing using some native ground covers between this walk, perimeter walkway and the shoreline. The only corridor that we felt really needed was some shoreline control was at the northern corner by the over... fishing pier where we were proposing some rip -wrap for that area to hold that, stabilize that shoreline. Let see, and then of course, the central which is really the main feature of the park are the pergolas which you can see in the sections how those will tie in with some, a little bit more formalized paving patterns and some specialty paving. The walkway around the park, we are proposing concrete and we are also indicating vita course stations that will happen at various locations as they need to, based on the spacing around the whole perimeter of the park. Any other questions that I can answer now? Board Member Plummer: Is there any proposal for any kind of, along the outside perimeter for fencing of any kind? Ms. Newland: No. Board Member Plummer: Well, the only reason I am asking the question, all City parks close at sunset and reopen at sunrise, that's a City ordinance. And, I am wondering how you would control without any kind of barrier that ordinance which says, just what I said before. Mr. Chairman. Board Member Gort: You don't have it right now. Board Member Plummer: I understand we don't have it, that's why I am asking if it was included or it was anticipated. Chairman Teele: Mr. Joseph. 21 March 8, 1999 Mr. Fred Joseph: We have need fencing. We have never spent, all the parks that you are relating to that do have them, we haven't found one police officer that would jump over the fence to get a homeless out, but we have found many homeless that will jump over the fence to go to sleep at night and to have a nice condominium view of the bay. So, we know.. Board Member Plummer: Mr. Joseph, just for the record. I am as opposed to fences as you are. I merely asked for the purposes... Mr. Joseph: OK, Commissioner. Board Member Plummer:... of the City ordinance. Mr. Joseph: Yeah. As we've, I am sorry. I hope I don't have to repeat it. The item that we have talked about is that with the ability of the police cars to be able to penetrate the park freely, and we know that happens because it's easier right now without fencing and also driveways that will be able to be terrained around the park. The other item that we know that if we do put a fence as well as you know and as Chair of Bayfront Park, all of the areas that are not fenced are easier to patrol and take care of, and all the areas that are fenced we end up with a great deal of vandalism. So, what we want to see is a park that is wide open and free, able to be used if the restriction on the hours are strictly adhered to then, you know, so be it. But, it will be up to the City and crime watching in the area to take care of it. Board Member Plummer: The other question I have is in reference to lighting. Is there any lighting proposed, and how much? Chairman Teele: Yes. Ms. Newland: Yes. Yeah, there is a lot of lighting proposed. I believe that it totals 80 pole lights. Eighty ten foot pole lights and we have also proposed 20 ballards [phonetic] which are the lower lighting fixtures and they would be... Of course, we were just getting ready to start the design development on it, but they would be around the whole perimeter of the park and, you know, in relation to all the walkways. Board Member Regalado: OK, here we have a situation. In all the parks of the City of Miami where we have baseball teams, Overtown, Liberty City, Coral Gate, Shenandoah, West End. We have requested from the Managers of those teams to give us an audit, also to raise some money for the park which they have done. I am seeing here soccer and... Board Member Gort: Cricket. Board Member Regalado: ...cricket, right? Ms. Newland: Correct. Board Member Regalado: I have visited the park on Saturdays. Saturday afternoons they play soccer and Sunday morning they play cricket, but they are not from this neighborhood, they are from very far away. And, I thought that if this was organized well, then we can apply the same rules to these teams for the same reason that we are using the money that those baseball 22 March 8, 1999 academies are giving the City to reinvest in the park. So, I don't know, Mr. Chairman, if this falls into the Parks Department directly or the CRA (Community Redevelopment Agency) but I think that if they are organized, as I know they are, they should be under the same guidelines that the baseball academies are right now. Board Member Plummer: No, I think the difference there is... Chairman Teele: Mr. Chairman. Board Member Plummer: ... all academies charge their students to teach them and to play. Board Member Regalado: Right. Board Member Plummer: These are out here, just a bunch of people getting together to play. Board Member Regalado: I don't think so. Board Member Plummer: Oh. Board Member Regalado: No. I was here about two Saturdays ago. I don't think so. You have to pay for your uniforms, you have to pay for membership, and as a matter of fact, you have a lot of vendors selling different kinds of foods to the people in the park. So, I don't, I don't know. I think that that's organized. To me it looks like it's organized. I don't know, Fred, if they are, but... Board Member Gort: Mr. Chairman. Mr. Joseph: Commissioner... Chairman Teele: One moment, Mr. Joseph. Mr. Joseph: I am sorry, he... Chairman Teele: Commissioner Gort, please. Board Member Gort: My question is, item twelve that we are discussing today, are we discussing the plan itself, or are we discussing the funding of the program? Chairman Teele: Actually, what we are discussing is the plan relating to the Margaret Pace Park and quite frankly, the other parks that we have an Interlocal Agreement regarding. Board Member Gort: Because my understanding, Mr. Chairman, and correct me if I am wrong. There is a committee that has been working on this for a long time from the residents of the area and they are the ones that requested this. At the same time, I understand the, Mr. Regalado's point of view but that's the park administration. I think the park can do that when they start to run the park. 23 March 8, 1999 Chairman Teele: Yeah, and see one of the problems, and one of the things that I think we need to make sure that we draw a bright line is that we have nothing to do, we the CRA have nothing to do with the management... Board Member Gort: Right. Chairman Teele: ... and operations of the park. Our role is limited to the capital activities associated with the redevelopment in the CRA area, in this case, the Omni area and in the other cases, Overtown and Park West. So, of course, any question is appropriate, but we don't have jurisdiction to deal with the operational issues, only the capital issues. Board Member Gort: My second question, Mr. Chairman is, my understanding is, from the figures that I see here, you got seventeen one point seven seven five to construct this. My understanding is, we already have in place because of the money in reserve, a total of about eight hundred. It is my understanding that was going to be the total amount. Chairman Teele: It, as I understand it, we have... The first component is the Safe Neighborhood Bond funds which is... Would you give the lady the mike, please? Which is... Why don't you go through the scope real quickly. Ms. Garcia: The three hundred and fifty thousand dollars ($350,000) of the Safe Neighborhood Park Bond issue that already has been requested and approved is the first phase of one hundred and thirty-eight thousand eight hundred and... Board Member Gort: I am sorry. I am sorry, could you say that again? Ms. Garcia: One hundred and thirty-eight thousand. I think it's six hundred, the numbers are really small, and a second phase of one hundred sixty-one two hundred which is a total of three hundred and fifty thousand dollars ($350,000). This is Safe Neighborhood Park Bond issue that is supposed to be for installation of play structure, sand and edging, security lighting, shoreline stabilization, walkways, vita course and some landscaping. Board Member Gort: No, I understand that. Chairman Teele: All right, his question is, where is the money coming from? Board Member Plummer: Yes, I want to know where? Chairman Teele: Three hundred and fifty thousand dollars ($350,000) is coming from Safe Neighborhood Bond. Ms. Garcia: And we are applying... Chairman Teele: We are applying for... Ms. Garcia: For an additional three hundred and fifty thousand dollars ($350,000) from, with a `FIND" grant which is a grant that can be used for shoreline stabilization. Board Member Gort: So the... 24 March 8, 1999 Board Member Plummer: And... Board Member Gort: You have got to look for one million seventy-five thousand one hundred and twelve now? Ms. Garcia: So you have, you would have seven hundred thousand, right. Chairman Teele: Yes, and this is the point. And, what I am going to do hopefully is request that the Budget Office work with the CRA and develop all of the funds that we basically have, let the County off the hook for. Because, you see, we were escrowing... Board Member Gort: All right. Chairman Teele: ... and this is where there is so much misunderstanding. We were escrowing, the City was escrowing its portion of the tax increment funds for three years before the County even put. up their money, and what we did in September, and there was so much confusion. What we did in September is, we moved that money out of the tax increment district pot and into a capital reserve pot for the Omni area. And, what I am, would be proposing with Commissioner Plummer and the majority of the CRA board's permission is that we just go ahead right now and earmark all of those funds to this park. Because the truth of the matter is, and I mean, I want to be on record as saying this, Eleanor, I want... Because you know, every time there is a meeting there is a misunderstanding. Once we spend that million dollars ($1,000,000) or that funds, those funds, the seven hundred thousand to nine hundred thousand dollars ($900,000), that is all of the money, all of the money that this area is going to see from the City of Miami CRA for the foreseeable future, for the next ten to twelve years until the tax increment exceeds one point five million dollars ($1,500,000), one point four million dollars ($1,400,000) and that you know, will be five, ten, twelve, fifteen... Board Member Plummer: All right. Chairman Teele:... years away. Board Member Plummer: Mr. Chairman, I am in total agreement with your concept, but I think we have to make the people doing the design aware as well as the people who will be doing the bidding. Because if you read the bottom line here, as I read it, seven hundred thousand from those two sources and nine hundred thousand from the source you just spoke about gives a million six. If you look at the bottom line of what they show here as the total cost is one million seven, almost one million eight. Board Member Gort: One hundred seventy-five thousand. Board Member Plummer: So, right off the bat you are two hundred, almost two hundred thousand dollars ($200,000) short. Chairman Teele: Well... Board Member Plummer: OK, so I mean, this is where, you know you have got a twenty percent contingency fund built into this thing. 25 March 8, 1999 Mr. Joseph: Commissioner, we had a million two in the... Ms. Kluger: Not nine hundred thousand. Mr. Joseph: Not nine hundred thousand. Board Member Plummer: Well, I am taking the Chairman... Chairman Teele: My recollection is, that it was nine hundred thousand. It may be one million two. The Clerk can tell you exactly what it was that the... Mr. Joseph: Yeah, if you will let my Co -Vice President of the Board for the Omni area speak to the numbers. He knows them, he sleeps with them. Mr. Phillip Yaffa: Thank you. For the record Phillip Yaffa, 1717 North Bayshore Drive. Commissioner, if I am understanding you correctly, you are, you want to allocate funds that are currently in the City of Miami capital funds budget that the City put aside during the years '94, '95 and '96 in anticipation of a County match. The County never did match the funds because the Inter -local Agreement could never get signed. And so, every year the County put their money back in their General Funds. The City to their credit did reserve the funds, although they never directly delivered them to the trust. Now that the Interlocal Agreement is signed, as a compromise, although no one was thrilled about it, rather than all the money initially going to the Performing Arts Center, we had agreed that until the County went to bond for the Performing Arts Center, in those interim years, they would allocate, the City and the County's contribution to the trust fund would be one point two million dollars ($1,200,000) which could be spent for the neighborhood. If I am understanding your, you correctly, we have... you would like to allocate the nine hundred thousand dollars ($900,000) that the, that came from our tax money in this district back to the park freeing up an add... allowing us to continue to use for the park and other projects in the Omni area, the one point two million dollars ($1,200,000) that we have from our tax increment funds. In effect, you are... Chairman Teele: Yeah. Mr. Yaffa: ... giving us two point one million dollars ($2,100,000) plus the three hundred and fifty thousand dollars ($350,000) park, plus the three hundred and fifty thousand dollars ($350,000) "FIND" money. Chairman Teele: You got it. And, unfortunately, the management at the time really didn't understand that. You see, the reason that we didn't deposit the check is very simple. The agreement that the County and the City made required payments for a longer period of time. If the Commission doesn't want to demand that, then I am happy with that, because quite frankly the shorter the period of time the more money that's available. That is, old money that's available for this activity. Just understand one thing. Board Member Plummer: Thank you. Chairman Teele: That money technically does not belong to this district or to this CRA or, it belongs to the General Fund, technically to the City of Miami. What I did in September was 26 March 8, 1999 moved it into a reserve until we knew where the County was going to pay. We had heard all sorts of numbers. Once the County wrote their checks we knew how much they were going to pay, and quite frankly I was very happy at the amount they paid, and quite frankly I wished they had paid less because the more, the less they paid the more would be available for this particular district. Mr. Yaffa: I understand. They paid in accordance with the Interlocal Agreement. Chairman Teele: No, they did not. No, they did not. Mr. Yaffa: It was signed in '97. Chairman Teele: They paid in accordance... They paid... The Interlocal Agreement was signed in 1995 by the City. They paid in accordance with their signature on the Interlocal Agreement. Board Member Plummer: In what year? Chairman Teele: I think it's 19... I am not even sure it's 1997. That's all they paid for, and that's all we are going to hold them to, because that's what you all agreed to do. Mr. Yaffa: That's correct. This is, this is... First of all, I don't, I think I can speak on behalf of everybody in the neighborhood to say we graciously appreciate the moral obligation that you feel to return the money that's our tax dollars to the district in accordance with the Tax Increment district. That gives us an opportunity as an Advisory Board to look at a lot of additional projects that we have on the drawing boards. Chairman Teele: If I could put a footnote there. I would just hope that you would be just as concerned about other communities that are in this district, and their funds also being treated in the same way. And, that's part of the problem. I am trying to be fair to this district, but everybody is screwing Overtown, and you know, that's the problem that I have, because I have worked very hard to make sure that this district is protected, just like I have worked hard to make sure that Overtown is protected. The Overtown Park West district is protected. Board Member Plummer: Mr. Chairman, the only word of caution that I tried to start from the beginning to make was that the people who are doing the designing as well as the people who bid on the contracts fully understand the total amount of money that we have, and that we don't get ourselves in a bind that we wind up short. I see here twenty percent contingency fund, and that's very, very good. Nobody is talking yet, and I think eventually we'll have to as far as maintenance is concerned. With a park as pretty as this park is going to be, it's going to be a high maintenance, there is no question in my mind. Chairman Teele: Well, hopefully, it won't be. But, J.L. just so that the record is straight. We did not put any financial constraints on the citizens. Board Member Plummer: I understand that. Chairman Teele: The citizens are the ones who have designed this park, and I think it's very important that the record be clear that Bermello Aamil has only been the instrument - I shouldn't make it sound only - but in effect they have been the instrument of trying to reduce to... 27 March 8, 1999 Board Member Plummer: Of the people. Chairman Teele: And, that's the spirit in which we started my tenure as Chairman of the Board, is that we were going to take our technical staff to the community, and that that staff would not be staff to you and me, it would be staff to the community. And, I think they have done an outstanding job. Board Member Plummer: Mr. Chairman, if you are ready... Mr. Yaffa: ... the Omni area right now. If I am assuming that Commissioner Teele will be making a motion to allocate... Commissioner Plummer will make the motion to allocate the capital reserve general funds of nine hundred thousand dollars ($900,000) to be applied to this park. In addition, we still have the one point two million dollars ($1,200,000) that the trust fund the Tax Increment Trust has. And, I will tell you that I think I can speak for our group that we will be certainly willing to any, to allow any portion of deficit in funding of this park come out of the trust fund, the CRA (Community Redevelopment Agency) trust fund, of the one point two million dollars ($1,200,000). And three, we can start the park immediately because we can keep the three hundred and fifty thousand dollars ($350,000) park bond fund in reserve until October utilizing these funds initially. So, we are in effect, the Omni area is going to be enjoying the ability to look at two point one million dollars ($2,100,000) worth of capital expenditure between the reserve and the trust fund, plus the park money, the seven hundred thousand dollars ($700,000) park money. Chairman Teele: Let me correct you on one thing. The CRA cannot, the CRA cannot take that action tonight. The CRA can only recommend to the City Commission that that action be taken. We can endorse it in principle and ask that the Commission and the Manager who would have the opportunity to weigh in at that time on the reserves, whatever that amount is. Board Member Plummer: I so move it. Chairman Teele: It's moved by Commissioner Plummer. Board Member Regalado: Second. Chairman Teele:... that the entire amount of the capital reserves be allocated for the... toward the completion, the expedited completion of the Margaret Pace Park, that amount being estimated between seven hundred and one point two million dollars ($1,200,000), and that would be a recommendation to the City Commission that that be done. It's been moved by Commissioner Plummer, seconded by Commissioners Regalado and Gort. Is there discussion? Is there public input on this matter? Board Member Plummer: Had enough. Chairman Teele: All those in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed are the same. 28 March 8, 1999 The following motion was introduced by Board Member Plummer, who moved its adoption: OMNI/CRA MOTION NO.99-2 A MOTION OF THE COMMUNITY REDEVELOPMENT AGENCY RECOMMENDING TO THE CITY OF MIAMI COMMISSION TO ALLOCATE CAPITAL RESERVE FUNDS IN THE AMOUNT OF $900,000 FOR EXPEDITED COMPLETION OF MARGARET PACE PARK IN ADDITION TO THE $1.2 MILLION FROM OMNI TAX INCREMENT TRUST FUND, AND $350,000 FROM THE PARKS FOR PEOPLE BOND FUNDS SLATED FOR SAME. Upon being seconded by Board Member Regalado, the motion was passed and adopted by the following vote: AYES: Board Member Tomas Regalado Board Member Wifredo Gort Board Member J. L. Plummer, Jr. Chairman Arthur E. Teele, Jr. NAYS: None. ABSENT: Board Member Joe Sanchez [Note: Although absent during roll call, Board Member Sanchez requested of the Clerk to show him in agreement with the motion.] Board Member Plummer: Mr. Chairman, just for the record, two things. Number one, I have another park in my district and the reason that I am so cautions is that that park, it was allocated approximately seven hundred thousand. The City Commission came up, as you know, and because you made the motion for five hundred more, the total cost right now is at three point seven million dollars ($3,700,000) and they are wanting to know why they are not getting the money. Chairman Teele: Give us the five hundred thousand back. Board Member Plummer: That's it. Second of all, I would like to make for the comment that the Wynwood group went in on Saturday, two Saturdays ago, they went into Pace Park and they absolutely cleaned out the entire waterfront over there. That was all done as volunteers and they did a tremendous job, and I think they should be so noted for it. Chairman Teele: And that was the NET (Neighborhood Enhancement Team) office, a police sergeant and... Board Member Plummer: Yes, sir, Officer Lopez. They did not only the Wynwood area, but came down into Wynwood Park with a backhoe and they cleaned out, I mean, they entirely cleaned out that waterfront completely over there. 29 March 8, 1999 3. RESOLUTION OF TIIE BOARD OF DIRECTORS OF THE CRA RATIFYING THE ACT OF THE CITY COMMISSION OF THE CITY OF MIAMI, TAKEN ON FEBRUARY 23, I999, ACCEPTING MIAMI-DADE COUNTY' S OMNI TAX INCREMENT PAYMENT OF $584,224 FOR CALENDAR YEARS 1996-97 AND 1997-98 IN ACCORDANCE WITH THE OMNI INTERLOCAL AGREEMENT BETWEEN AND AMONG MIAMI-DADE COUNTY, THE CITY OF MIAMI AND THE CRA. Chairman Teele: All right, while were are on this item, items eight, nine and ten are actually related. And so, with your permission, this is a resolution accepting the County's payment. Commissioner Plummer, you are the one that said take it, so... We have already accepted it but we need to ratify it. Board Member Plummer: I'll ratify it. Chairman Teele: Moved by Commissioner Plummer. Board Member Gort: Second. Chairman Teele: All those in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: All those opposed? No. Vote.. Board Member Plummer: That was nine, right? Board Member Gort: Eight. Board Member Regalado: That was... No, nine. Chairman Teele: That's number eight. Mr. Clerk, record it as a note. The following resolution was introduced by Board Member Plummer, who moved its adoption: OMNI/CRA RESOLUTION NO.99-3 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY RATIFYING AND ADOPTING THE ACTION OF THE CITY COMMISSION OF THE CITY OF MIAMI TAKEN ON FEBRUARY 23, 1999 ACCEPTING MIAMI-DADE COUNTY'S OMNI TAX INCREMENT PAYMENT OF $582,224 FOR CALENDAR YEARS 1996-97 AND 1997-98; PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. 30 March 8, 1999 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Gort, the resolution was passed and adopted by the following vote: AYES: Board Member Tomas Regalado Board Member Wifredo Gort Board Member J. L. Plummer, Jr. Chairman Arthur E. Teele, Jr. NAYS: None. ABSENT: Board Member Joe Sanchez [Note: Although absent during roll call, Board Member Sanchez requested of the Clerk to show him in agreement with the motion.] 4. RESOLUTION OF THE BOARD OF DIRECTORS OF THE CRA AUTHORIZING THE CRA EXECUTIVE DIRECTOR TO ISSUE PAYMENT TO MIAMI-DADE COUNTY IN THE AMOUNT OF $280,277 PURSUANT TO THE INTERLOCAL COOPERATION AGREEMENT BETWEEN AND AMONG THE CITY OF MIAMI-DADE COUNTY AND THE CRA. Chairman Teele: Item number nine is a related action... Board Member Plummer: Move it. Chairman Teele: ... and the County gives five hundred thousand... Board Member Gort: Second. Chairman Teele: ... and says give us three hundred thousand back. Board Member Plummer: Yeah, isn't that nice. Chairman Teele: Moved by Commissioner Plummer, seconded... Board Member Gort: Second. Chairman Teele: ... by Commissioner Gort. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: All those opposed, say no. Unanimous vote on that. 31 March 8, 1999 The following resolution was introduced by Board Member Plummer, who moved its adoption: OMNI/CRA RESOLUTION NO. 99-4 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING AND DIRECTING THE EXECUTIVE DIRECTOR OF THE COMMUNITY REDEVELOPMENT AGENCY TO ISSUE PAYMENT TO MIAMI-DADE COUNTY ON BEHALF OF THE COMMUNITY REDEVELOPMENT AGENCY IN THE AMOUNT OF $280,277 PURSUANT TO THAT CERTAIN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY AND MIAMI-DADE COUNTY; PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Gort, the resolution was passed and adopted by the following vote: AYES: Board Member Tomas Regalado Board Member Wifredo Gort Board Member J. L. Plummer, Jr. Chairman Arthur E. Teele, Jr. NAYS: None. ABSENT: Board Member Joe Sanchez [Note: Although absent during roll call, Board Member Sanchez requested of the Clerk to show him in agreement with the motion.] 5. PRESENTATION BY THE OMNI ADVISORY BOARD — PRESENTATION REGARDING MARGARET PACE PARK, GIBSON PARK, GIBSON PARK ANNEX, WILLIAM PARK, RANGE PARK, DORSEY PARK AND REEVES PARK. Chairman Teele: Presentation by the Omni Board. Madam Chair, Ms. Kluger, Mr. Joseph, this is your opportunity to say anything that you would like to say to us. Board Member Plummer: Don't tell Fred, don't tell Fred Joseph that. No, no, no. Board Member Gort: Are you going to limit that? Board Member Plummer: Oh, no, don't give him carte blanche. Mr. Fred Joseph: Mr. Chair. 32 March 8, 1999 Board Member Gort: Be nice to Joseph. Mr. Joseph: Yes, sir. Mr. Chair, I would like to at this time express the thanks from the Omni Advisory Board, but there is one item that I would like to discuss, and that this the Omni Executive Committee that appointed me to talk to the Chair of Bayfront Park Trust in regards to maintaining and what type of arrangements could be worked out for maintaining Margaret Pace Park, being as the City has given up pretty well Bicentennial as far as activities. And, we think that it would be in our best interest as a good neighbhor and our Commissioner from our district if we would be able to sit down and discuss taking maintenance and overseeing Margaret Pace Park. I would like to have a time for the CRA (Community Redevelopment Agency) to allow me to do that with one of your members on the CRA board, the Chair of... Chairman Teele: Well, this, this is the operation and maintenance of parks is outside of the CRA jurisdiction. Mr. Joseph: OK. Chairman Teele: And, quite frankly, if there is going to be that kind of discussion I am sure Commissioner Plummer is going to want to have the Parks Director present. Mr. Joseph: I am asking that now, if I could set a time and date I would be happy to attend that. Chairman Teele: It's up to Commissioner Plummer, he is the district... Board Member Plummer: As far as I am concerned, that would have to be, of course, discussed by the board which you are a member, and I a member. The only thing that was discussed before, off the record, Mr. Chairman... Chairman Teele: Right. Board Member Plummer: ... was that the fact that where we do maintain for the City Bicentennial Park, it is contiguous to Bayfront Park where Margaret Pace is distanced away. We'll be glad to entertain it, it's a cost factor and we do have all the equipment, we do have the personnel. And, if you want us to come up with a price of what it would cost we would be glad to do that. Mr. Joseph: Thank you very much. [Note for the Record: At 6:11 p.m., Board Member Sanchez entered the meeting.] Board Member Sanchez: What item are we on? Chairman Teele: Ms. Kluger. This is item number ten. Ms. Eleanor Kluger: Yes, thank you. I want to thank this board and I want to thank you, Commissioner Teele for working with the Omni Advisory Board very closely, and Hilda Tejera, my personal thanks to you for all the communication that you have given us. This park would not have materialized without the help of your CRA, and so I want to thank you very much, and I 33 March 8, 1999 know all of our members are very pleased that we can see fruition of our two years worth of effort in discussions and meetings and so on that that money will be spent wisely for something that all of us can enjoy. But, also I would like to address that it is not just the park that we are interested in, but the entire downtown Miami because we are residents of the downtown. And, so therefore we do want to help in extending beauty to the west, and west Omni is still part of it, and I have discussed giving all the dollars that we are talking about to the park, but that does not help the poorest of our members which is west Omni. And, so therefore, in our next efforts with any dollars we have we are together in trying to bring revitalization to the west. And, in that effort, we have worked out with the DDA (Downtown Development Authority), and I have with me a study that we did on 14th Street, and that would bring traffic that we are going to get out of this area and into at least 12th Avenue where they could then go up on to 395 and get out of town. And, so we are anxious to push forward the DDA (Downtown Development Authority) study with the urban design group with Scott Meane [phonetic]. Many of you have discussed it and I have with me today some brochures on that study, and we want to move that forward, and I have gone and attended the Overtown Advisory Board meetings in order to make them aware that we are pushing forward to bring revitalization into all areas of downtown and the north. And, so I want you to understand that that will be our next area to project and the only thing that holds us up is the cooperation of the Performing Arts Center people where we are not privileged to knowing what they are exactly doing, even though I am a board member and Fred is a board member. Board Member Gort: You guys sit on the board. Ms. Kluger: Yes, but the plans only concern mainly what is inside the two buildings and not what is going on as the neighborhood. What roads are they going to try to beautify, who is going to be in charge of all of that. It is very difficult for us to do something if we are not led in on the ground floor and cooperation. And, I know the DDA has tried, we have spent money trying to coordinate the Arena and the Performing Arts Center and all of the roads and the traffic and so on, and truthfully, we are still at ground zero. And, so I hope in the next year that all of us can cooperate and build this downtown so that all of us will enjoy it, we won't traffic jams, we won't ugly 395s and I-95s and we'll have a very vibrant downtown that all of us in this community can enjoy. Let me give you these reports, and thank you. Board Member Gort: Mr. Chair. Chairman Teele: Thank you very much. Commissioner Gort. Board Member Gort: My understanding is, Eleanor as for your knowledge, I think whenever they get ready to draw their permits, their building permits, they would have to come in front of the Commission. And, like we did with the Arena which we requested landscaping and certain things that we requested in order to benefit the downtown Miami we will be doing the same thing with the Performing Arts Center when they come in front of us. Ms. Kluger: A year ago December which is a year now and about three months we had Commissioner Regalado pass a pocket item in order to help the Omni with our gateways which was one of our first projects which was clean-up, light -up, and plant -up the gateways. And, so far, it's ground zero on that also. So, we would really like some help from that department. 34 March 8, 1999 Board Member Regalado: And, at that time it was promised that we were going to use persons who were participating in the WAGES (Work and Gaines Economic Self -Sufficiency) Program. But, I don't, I don't know. Gwen is here. I don't know what happened to that plan. It was promised then, but I have not seen it, not in here, but not throughout the City and I think that that's an issue that we have to take in the City Commission because it's been too long since we were promised that. Ms. Kluger: Well, I would like to say that the Omni Advisory Board has been meeting monthly and we have been coming up with plans, and many of those plans have been adopted by different other organizations such as the DDA, and such as the Performing Arts Center. You can see the banners that are out and that comes through the DDA and through dollars that we secured from the Omni Committee, thank you, Commissioner Gort. We also, Fred and I talked very much about getting a banner wrapped the Sears building. If we couldn't demolish that whole building at least a banner to tell people things are happening and then we added that with the banners. And, so I think I think it makes a nice presentation and I think more and more film people are coming to look at the area and hopefully people like Eugene Rodriguez, Big Time Productions will expand and bring economic stability to the area and bring jobs, and that's what we are looking for and that's what we are about because my committee happens to be business people and we are used to getting things done and we have a get, do, and done attitude and we want it done as much as we can, as fast as we can. And, I think we have been patient and we know we have had problems in the City, and we hope that most of those problem are over with and we can all work together and with the County also which is important, because they do own a lot of the property that we are discussing, and therefore we need to work with them too. Thank you. Board Member Plummer: Would you like to buy a rock? Board Member Sanchez: It's not a rock, it's a circle. Ms. Kluger: Here's another circle. Board Member Gort: With a septic tank in it. Ms. Kluger: And, we hope you get lots of circles. Chairman Teele: All right, was there anyone else from the, from the Omni area that wanted to be... Board Member Sanchez: Mr. Chair... Ms. Tehera: was supposed to make a presentation. Chairman Teele: Who? Anyone else from the Omni area that would like to be heard? Commissioner Sanchez. Board Member Sanchez: Mr. Chairman, I would like to apologize for the in and out. As I stated previously, I had a radio talk show that I took off to go and attend to. It was a prior engagement that I had, and when I got there, there was a misunderstanding, so I came back as quickly as possible. So I would like to apologize to you and everyone here on the issues, but I just want to 35 March 8, 1999 make sure that on the park issue that I made the motion to the three hundred and fifty thousand plus the other money, was that approved? Chairman Teele: Yes, that was approved. Board Member Sanchez: OK. Chairman Teele: Did you have anything that you wanted to say? Yes, sir. Yes, sir. Mr. Ronald Howell: Thank you, Commissioners and all the people who have worked very hard. Margaret Pace Park... twenty-four hours a day and look what's happening. It's coming to present time that we are approaching, and it's a great victory and I thank all of you, gentlemen for cooperating. Chairman Teele: So be it. Speak into the mike. Everybody has got to speak to the mike... Mr. Peter Houseworth: Just one quick question. Chairman Teele: Give us your name and... Mr. Houseworth: Peter Houseworth from the Omni Advisory Board. Commissioner Plummer had mentioned that there is a City ordinance that basically requires that fencing be around any park. What is the...? Board Member Plummer: That's not what Commissioner Plummer said. Chairman Teele: No. Board Member Plummer: Commissioner Plummer said there is an ordinance that parks, all City parks close at sunset until sunrise. I never said that there was an ordinance relating to fencing. A great deal of our parks do not have fencing. Mr. Houseworth: Oh, OK. Thank you. Board Member Plummer: Fine. Chairman Teele: All right, are there any other persons that would like to be heard regarding the Omni Redevelopment area from the advisory board? Ms. Teresita Garcia: Yes. Chairman Teele: Well, we want to just take this opportunity to thank the advisory board. We realize that you all are meeting a lot. I know that Hilda has worked very closely with you, and I think the process is working and we are looking for other areas that we can work cooperatively with you. Ms. Kluger: I would like them to stand and... 36 March 8, 1999 Chairman Teele: Would all of the members of the Omni Advisory Board that are here and the members please stand. Thank you, very much. [APPLUASE] Caroline, it's great to see you. Mr. Mariano Cruz: I am not a member of the board, but I live close buy. Mariano Cruz, 1227 Northwest 26th Street, and I have been coming to this meeting and following this. I had seen the way the City had for years abandoned this north section of the City, we are talking about Allapattah, we are talking about here, about the Miami Stadium, all these. And, this was a place that we used to come from my house here, because my wife used to go here in Jordan March, and we used to go to the Arthur Restaurant, Red Coach, Mayfair Theater and all that is gone. And, how come the City has spent so much money like they say in the south park? Maybe now that we start changing and spending money evenly, because we pay taxes, too. We pay taxes to the federal government. That money coming from the Empowerment Zone is our money, that's coming here, to all these, all these neighborhoods. It's not Washington money, it's our money. And, think that, Commissioners because you are not Commissioners of one district only, you are Commissioners of the whole City. Whatever happens in one district affect the others. Thank you. Chairman Teele: Thank you. All right, Terry, could you get the rest of the report regarding the Gibson Park and the Park Annex, the Williams Park, Range Park, Dorsey and Reeves, just a very brief overview, if you would please? Ms. Garcia: Yes, sir. We work with the Parks Department on February llth on Gibson Park. The Parks Department was going to do an additional draw down from the original they had of one hundred and thirty-five thousand dollars ($135,000.00), one hundred and thirty-five four hundred dollars ($135,400.00) One hundred and thirty-five four hundred... Ms. Tejera: Four hundred. Ms. Garcia: ... for an additional six hundred and sixty-four thousand. What we did is, at Gibson Park, what, what was in the scope was a small meeting room building, small multi -purpose building. As part of some of the meetings that we had had with the Overtown area... Chairman Teele: Let me just interrupt the meeting to note. The Parks Director has just walked in, his ears have obviously been burning, and the Commission, or the CRA board has just congratulated your department along with the CRA staff in moving forward on the Margaret Pace Park. There were a number of questions about the timetable and unless you have anything you want to say. What we are going to do, I think is agree that at the next meeting we'll get sort of an overview similar in fashion to all of the parks, similar to the one relating to Margaret Pace Park. But, I do think that the board should have sort of schematic of each of the parks and an overview of what it is we are going to be doing, if that's all right, Terry. Ms. Garcia: Yes, sir. Chairman Teele: Are we in any trouble with any of these parks regarding the expenditure of funds, starting with Margaret Pace Park, Mr. Director? Hopefully, the answer is no. Mr. Alberto Ruder (Director, Department of Parks and Recreation): Yes, hi, Albert Ruder. We are about twenty... We are about twenty-two months away from the time that this money needs to 37 March 8, 1999 be spent. I think it's December of 2000, and I think we have been talking to Bermello staff, and I think everyone is aware of the deadlines that we have. Chairman Teele: So you, at this point, we are in as good a shape as...? Mr. Ruder: Right Chairman Teele: At this point, we are not in trouble, in your mind? Mr. Ruder: No, but I think we need to hurry up, because it still have to go through the City's bidding process and everything else, all the other processes once the design is agreed upon. Chairman Teele: OK, all right. Thank you very much for being here. And we are going, to get a report in thirty days on the other parts with the same depth. 6. PRESENTATION BY THE OVERTOWN ADVISORY BOARD. Chairman Teele: I know that Farther Lloyd had said that he would be here on number eleven, we'll temporarily pass that. And, if we could, we would go back to item... Oh, you going to do that report for them? Mr. Hammond Noriega (Liaison, Overtown Advisory Board): Hammond Noriega, liaison to the board. Father Lloyd asked me to apologize for his absence. His mother was hospitalized today in emergency. But, he also asked me to indicate his involvement in having a charete hosted in Overtown with all participating agencies, and he had the Director of Parks walk and visually look at some of the parks in Overtown last week. Chairman Teele: All right. Mr. Noriega: He apologize. 7. DISCUSSION OF THE STATE OF THE SAWYER'S WALK PROJECT. Chairman Teele: All right, we are back to item number two, the discussion of the status of Sawyer Walk project. Board Member Plummer: Art. Chairman Teele: Yes. Chairman Teele: Can we have these joint, these meetings? I thought we used to have the one and then just, then we would adjourn and have the other one as two separate. Can we have them...? Board Member Plummer: You can have them... Board Member Plummer: Oh, OK, fine. I like it better that way. 38 March 8, 1999 Chairman Teele: Yeah. In some ways you could separate them if you wanted to, there is not requirement... Board Member Plummer: That's how they always did it in the past. Chairman Teele: Sawyer Walk. Please. Mr. Robert Friedman (CRA Attorney): I am going to give a quick status report on the Sawyer's Walk. The, as the board may recall, there was an agreement between the Sawyer's Walk group and another group led by Mr. Johnny Winton to come up with a proposal for the use of those parcels. They were interested in putting in some type of film or TV production or post - production facilities in that area. The deadline for bringing to the board a proposal has expired. I believe that the group would like to have additional time to come back to the board with a proposal, however there is no obligation for the board to grant any extension of time. Chairman Teele: By way of background, on the November, at the November '98 board meeting, Sawyer Walk, Limited was given until February 5th to proceed with the developments of the blocks, 44, 45, 55, 56. In addition, they agreed to make you one hundred thousand dollar ($100,000.00) non-refundable deposit to ensure performance. They were given until February 5th. Have we received the non-refundable deposit? Mr. Friedman: No, we have not. Board Member Plummer: Why? Chairman Teele: Well, and... Board Member Plummer: No, I would like to ask why we haven't received it. I mean, a deposit usually is put up before you start. Can somebody answer why the one hundred thousand dollar's ($100,000.00) was not paid, because I seriously... Chairman Teele: I don't think anybody can answer that other than the people who didn't apply it. Board Member Plummer: Who negotiated it? Chairman Teele: You did. Board Member Plummer: Not I. Chairman Teele: No, you negotiated right in open meeting. I mean, it was a public discussion in the November board meeting in which they asked for more time. Board Member Plummer: No, no, no, I am talking about the deposit. Chairman Teele: There was no negotiation. The board, the CRA board, you and some other members said you wanted a deposit. Board Member Plummer: All right. And, then why wasn't it collected? That's my question. 39 March 8, 1999 Chairman Teele: It wasn't collected because they didn't pay it, J.L. I mean, no... You know... Board Member Plummer: It's a hell of a way to do business. Chairman Teele: It's a hell of a way to do business. And, this thing goes back to 1980 what? Board Member Plummer: And, now they are asking for more time? Chairman Teele: This, this development was awarded under a so called "competitive process" I believe in 1989. Board Member Plummer: I remember that. Chairman Teele: OK. Now, I have been here, J.L. just about a year on this thing. I have sent them letters. The only reason that it's before us is because we gave them a timeline. Up until a year ago, and correct me if I am wrong, Mr. Attorney, they have never had a timeline, OK. So, what I have tried to do J.L. is bring this thing into a business -like setting. I am prepared to... urge that they be given thirty days additional at which time if they have not paid the one hundred thousand dollars ($100,000.00) deposit that the entire project be canceled. Board Member Plummer: Mr. Chairman, I... Chairman Teele: Now, this project in my judgment should have been canceled in 1991. Board Member Plummer: Mr. Chairman, let me tell you something. The way I do business, they only get the extension of thirty days if they put up the one hundred thousand dollars ($100,000.00). If they don't, why should we even consider it? Chairman Teele: Because, J.L. you know, given the... Board Member Plummer: That is... Chairman Teele: Given the fact that this board left them with, had this property for ten years with no standards, I don't want to be before a court saying that we acted arbitrary and capricious. Board Member Plummer: Not at all, sir. They were the ones who volunteered to put up the money, they have not done it. Chairman Teele: We asked them to. Board Member Plummer: They have fallen flat on their face already, and now they are asking for another additional time. Chairman Teele: They are not asking for additional time. Board Member Plummer: Oh, I am sorry. 40 March 8, 1999 Chairman Teele: I want the time so that the record is clear. This board gave them this deal in 1989, and it has taken us almost a year to get to this point, and I don't want... from shooting from the hip just to wind up getting ourselves back into the same problem with the Circa Sawyer thing where we wind up paying two and a half million dollars ($2,500,000) and the guy didn't even grow a blade of grass. So, I would just ask that you give them thirty days, give the City Attorney and the CRA lawyers time to collaborate, and then in thirty days let the CRA lawyer and the City Attorney come in with the right documents and draft this thing right because you know what's going to happen. They are going to go into litigation and I don't want anybody to say that we were arbitrary or did we give them enough time. They are not here today. We need to give them a certified letter asking that they be here. We need to dot the Is and cross the Ts. Board Member Sanchez: Mr. Chairman, in thirty days, within the thirty days, or in thirty days they have not paid, can we pull the plug on them? Chairman Teele: I would yield to the City Attorney and the CRA lawyer. My judgment is, we could pull the plug tonight if we wanted to, but I would like to have sufficient legal notice, certified mail saying that the board noted this today, that they didn't do this. And, Mr. Attorney, City Attorney, I think you need to weigh in because in the end of the day this is going to be your lawsuit, not ours. Mr. Alejandro Vilarello (City Attorney): I believe, I believe Mr. Friedman has advised you to go forward with the appropriate notices. This was an attempt to provide another opportunity to complete the project, and if they haven't gone forward at this point... I don't know what the last default letter was to them. Robert, perhaps you can... Chairman Teele: Technically, we haven't given them a default letter on the February 5th timeline. That's what I am trying to... Board Member Plummer: Why? Mr. Friedman: I don't think that we needed to... Board Member Plummer: I agree with you on that. Mr. Friedman: ... because they had until the 5th. If they didn't come in with a development plan and the deposit, then their time was up. Mr. Vilarello: That's with regard to the Winton Group. The underlying developer... Mr. Friedman: Right. Mr. Vilarello: ... has already not complied with... Mr. Friedman: Right. The underlying developer had received noticed of default prior to this extension of time when they teamed up with the Winton Group. Board Member Plummer: And, their notice... Their real notice was February the 5th, they knew that notice. 41 March 8, 1999 Mr. Friedman: I would have to do a little more checking to determine whether we extended that in some way in connection with this February 5th deadline. Board Member Plummer: So, in other words, if they didn't do anything in ten years, you think they will in the next thirty days? Chairman Teele: I don't. But, I think that we should be stronger legal position. Board Member Plummer: I mean, this is assinine. Chairman Teele: It's astronomical that it has taken us this long to get here, J.L. I mean, that's what so bad about this stuff. Mr. Vilarello: Mr. Chairman, I would request that the CRA board authorize Mr. Friedman to provide them appropriate notices to bring this to a final conclusion. Board Member Gort: So moved. Chairman Teele: Moved by Commissioner Gort. Board Member Sanchez: Second. Chairman Teele: Seconded by Commissioner Sanchez. Board Member Sanchez: Thirty days. If they don't pay in thirty days... Board Member Gort: That's it. Board Member Sanchez: .. that's it. Chairman Teele: It's more than pay. They have got to come in with a plan as well as pay. Board Member Sanchez: Well, well, the plan and the one hundred thousand. Board Member Gort: Right. Chairman Teele: Right. Board Member Plummer: Should be increase the one hundred thousand now since they have to... Board Member Sanchez: No, no, no. Chairman Teele: No, no. Board Member Plummer: Why not? Board Member Gort: Move it. 42 March 8, 1999 Mr. Vilarello: Are we talking about? Are we talking about an opportunity for the Winton Group or for? Chairman Teele: Both groups. I think notice should be given to the underlying group as well. Board Member Plummer: Another super failure. Chairman Teele: Is there discussion? Is there in readiness? Board Member Gort: Call the question. Chairman Teele: All those in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: All those opposed? It's a unanimous vote. Board Member Plummer: Show it... No, it is not. Show a negative vote. I am not going to vote to give them another thirty days when they haven't done a damn thing in ten years. They promised one hundred thousand dollars ($100,000.00) and we ain't got a dime, I am sorry, I can't vote for them kind of people. Board Member Gort: But, we inherited this. The following motion was introduced by Board Member Gort, who moved its adoption: SEOPW/CRA MOTION NO.99-2 A MOTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY AND SPECIAL COUNSEL TO THE COMMUNITY REDEVELOPMENT AGENCY, ROBERT FRIEDMAN, TO SEND A CERTIFIED LETTER TO SAWYER'S WALK LTD AND MC SQUARED PARTNERS, INC. (JOHNNY WINTON GROUP), DEVELOPERS FOR BLOCKS 45, 55, AND 45, TO NOTIFY SAID DEVELOPERS THAT THE CRA WILL GRANT AN ADDITIONAL 30 DAYS FOR SAID DEVELOPERS TO PAY THE $100,000 DEPOSIT IN CONNECTION WITH THE SAWYER'S WALK DEVELOPMENT PROJECT, WHICH IS OVERDUE AND PROVIDE THE DEVELOPMENT PLAN FOR SAID PROJECT; FURTHER STIPULATING THAT FOLLOWING ELAPSING OF SAID 30 DAY TIME FRAME, IF SAID DEPOSIT AND DEVELOPMENT PLAN ARE NOT RECEIVED, THEN THE ENTIRE PROJECT SHALL BE DEEMED CANCELED. 43 March 8, 1999 Upon being seconded by Board Member Sanchez, the motion was passed and adopted by the following vote: AYES: Board Member Tomas Regalado Board Member Joe Sanchez Board Member Wifredo Gort Chairman Arthur E. Teele, Jr. NAYS: Board Member J. L. Plummer, Jr. ABSENT: None. 8. STATUS REPORT OF THE SPECIAL COUNSEL REGARDING THE PREPARATION OF A WRITTEN REPORT ANALYZING THE TRANSFER OF THE PROPERTY KNOWN AS THE MIAMI ARENA LAND FROM THE CRA TO THE CITY OF MIAMI, INCLUDING A STUDY OF LAND VALUES AT THE TIME OF THE TRANSFER AND APPROPRIATE TITLE SEARCHES. Chairman Teele: All right. Report, number three, regarding the land. Mr. Robert Friedman (CRA Attorney): Mr. Chairman, board members, on... At the November meeting the board requested that the counsel to the CRA (Community Redevelopment Agency) conduct a study relating to property which is often called "The Miami Arena" property to determine the land value and to check the title on the property. As to the status of our report on that, we have begun the report. We have undertaken the title searches and we are working to get the valuation taken care of. I think we would be in a position to report back to the board what are our findings at the next board meeting. Chairman Teele: All right. 44 March 8, 1999 9. TRANSFER AND APPROPRIATE TITLE SEARCHES. (A) DISCUSSION OF THE BOARD OF DIRECTORS OF THE CRA REGARDING THE POTENTIAL CONFLICT OF INTEREST ARISING AS A RESULT OF HOLLAND & KNIGHT, LLP SERVING AS SPECIAL COUNSEL TO THE CRA WHILE ITS NEW PARTNER, ROBERT BEATTY IS SERVING (ALTHOUGH NOT IN HIS CAPACITY AS A HOLLAND & KNIGHT, LLP ATTORNEY) ON THE CITY OF MIAMI OVERSIGHT BOARD AND ITS CONTRACT REVIEW COMMITTEE. (B) DISCUSSION OF THE STATUS OF THE INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CRA AND THE CITY OF MIAMI. (C) STATUS REPORT OF THE SPECIAL COUNSEL REGARDING THE PREPARATION OF A WRITTEN REPORT ANALYZING THE TRANSFER OF THE PROPERTY KNOWN AS THE MIAMI ARENA LAND FROM THE CRA TO THE CITY OF MIAMI, INCLUDING A STUDY OF LAND VALUES AT THE TIME OF THE TRANSFER AND APPROPRIATE TITLE SEARCHES. Board Member Plummer: Mr. Chairman. Chairman Teele: Commissioner Plummer. Board Member Plummer: I think before we do anything, we better think about discussing item thirteen, because that relates back to this item. And, if nothing more, at least put it on top of the table and clear the air. Chairman Teele: Well, quite frankly, I would like that item be deferred. I think... Board Member Plummer: A potential conflict of interest. I didn't put the agenda together, I wouldn't have put it on the agenda until it was cleared. Chairman Teele: Well, this is... Board Member Plummer: But, it's there. Chairman Teele: ... the issue. Several people have raised it, and... Board Member Plummer: And, I am not one of them. Chairman Teele: This is the issue. This board does not have an agreement with the City of Miami after the meeting at the Arena, after the discussions. I mean, and at some point, you know, we are operating with both hands behind our back. I am prepared to move forward in thirty days and do whatever we have got to do, but the fact of the matter is, we... The conflict is really not the issue. The issue is the fact that we do not have an agreement with the City of Miami even though I signed one going back to December. Is that right, Hilda? Ms. Hilda Tejera (Administrator/Acting Executive Director): Yes, sir. Chairman Teele: And, at the same time, the City has appropriated virtually most of the staff of the CRA Community Redevelopment Agency). It's time that we go on ahead, I mean, we are 45 March 8, 1999 going to have to hire a full-time executive director immediately if we are going to move these construction projects as we outlined in our board minutes almost a year ago of.. the kinds of disciplines that we have got to have. We have probably got about what? Seven resolutions that have not been moved upon. They require contract activity, and to date, you know, other than what we are doing through Bermillo Aamil, and what we are doing through the two staff people, what we are doing through the two staff people, Hilda Tejera and Erdal, I am sorry, Mister... Ms. Tejera: Hammond. Chairman Teele: ... Hammond Noriega, the CRA is extremely limited, and we have got a lot of obligations and responsibilities. I mean, we have got to go ahead and start hiring staff. We have got to move forward with the parks programs. Bids have got to be done. I mean, the CRA has always had a staff of seven, eight, nine people. We are two people, and I am comfortable doing that as long as necessary, because I think the one thing we have done is have staff when we didn't have projects. Now, we have projects and we don't have staff. One of the things that we agreed on was the fact that any additional staff of the CRA, or all of the staff of the CRA would not be City of Miami employees, that they would be a non -City employee. That was something that the Manager insisted upon and I think was a very positive move forward. So, the real issue is, where are we with the Interlocal Agreement? Someone said it's tied up with the Oversight Board. Nina, I don't know if you are in a position to comment, if you would, please? But, the conflict issue relates to the review of the contracts, et cetera and quite candidly, I think that Mr. Beatty is just doing what he believes his job to be. Board Member Gort: Mr. Chairman. Mr. Chairman. Chairman Teele: Yes. Board Member Gort: Before we go on, I would like to recognize Judge Ronald Friedman who is here visiting us. Also, an alumni from Miami High, J.L. Chairman Teele: Judge, we are honored that you are here. Would you like to say a word? Recognizing that judges frequently don't have that much time to... Judge Ronald Friedman: And, unfortunately Judges usually go on for an hour once they get a microphone. But, I would just like to say, it's wonderful to see you all. Commissioner Gort and I went to High School, Miami High. Board Member Plummer: Yeah. Judge Friedman: Just a couple years ago. He's got gray hair, and so do I. But, I thank you all for being here. We appreciate everything you are doing for us. I live in the Grand, and believe me, I appreciate what you are doing and I thank you all. Chairman Teele: Thank you, Judge. Board Member Gort: Our 35-year reunion is coming up. Our 40-year reunion. Board Member Plummer: Forty, you got it. 46 March 8, 1999 Chairman Teele: Nina, could you? Mr. Fred Joseph: Before you go on, I would like to let you know that the Grand Condominium Association and the Double Tree has put on all this for you and we have not, and will not bill the CRA office. So, it's complements to us for all your support. [ Board Member Gort: Thank you. Chairman Teele: Our compliments to you. Mr. Joseph: Thank you. Chairman Teele: Our compliments to the Grand Association. Mr. Joseph: We always invite you to come back when you are going to spend money, though. Board Member Plummer: Mr. Chairman, I still would like to go back to item thirteen, and I think that needs to be, the air needs to be cleared and put it on top of the table that there is either the potential or there is not. Chairman Teele: I think we... Board Member Plummer: And, we can't ask our attorney because he works for the same firm. Chairman Teele: Well, I think you put it on the table. Commissioner Regalado: Mr. Chairman, does? Chairman Teele: Commissioner. Commissioner Regalado: Does the Oversight Board, and specifically, the Contract Review Committee have right now any contracts from the CRA or do we think that they are going to have in the near future, contracts approved by the CRA? Chairman Teele: The CRA has not entered into any contracts since, actually since July, August. And, the CRA has literally been tied -up, quite frankly, at my request. I think we have the authority to move forward, but I want to move with the clear, written agreement between the City and the CRA. I don't think we have to have that necessarily, we have the inherent authority in our abilities to act. But, given the fact that everything wants to be investigated and everybody wants to refer things up, then the prudent thing to do, up to some point is to defer acting until we have an agreement. So, all of the things that have been directed for the last year, a contract for example, for the historical consultant, those things have been put on hold until we get an agreement. So, the answer is, no. But, if we were functioning the way we should function, the answer is, they would have about ten or twelve contracts. And, I am really concerned when you start talking about something like the Margaret Pace Park and the other parks where we are operating under timelines where we literally have got to go out and prepare bid documents and let these contracts out, we can't hold them. Board Member Gort: Mr. Chair. 47 March 8, 1999 Board Member Plummer: Mr. Chairman, do we know who is the legal firm that handles Miami Arena? Is it Holland & Knight, also? Chairman Teele: In what way? Board Member Plummer: Who is the legal advisor of the CRA, I am sorry, the Miami Arena and the Sports Authority? Board Member Plummer: The City Attorney. Board Member Sanchez: The City Attorney. Board Member Plummer: For... He's shaking his head, no. Mr. Robert Friedman (CRA Attorney): We don't represent MSEA (Miami Sports and Exhibition Authority). Board Member Plummer: But, who do you represent over there? Do you represent the Miami Arena? Mr. Friedman: No. Board Member Plummer: Or Decoma? Mr. Friedman: No. Board Member Plummer: OK. Chairman Teele: What does that have to do with this? Board Member Plummer: No, I am just asking on item three, where we are asking the Special Counsel to look into who is in fact the Special Counsel to MSEA or to the Miami Arena, it's not Holland & Knight. We were asking... Chairman Teele: Mr. City Attorney, are you the counsel to the... to MSEA? Mr. Alejandro Vilarello (City Attorney): To MSEA, to MSEA, yes. Board Member Plummer: OK, that's fine. It used to be Holland & Knight. Mr. Vilarello: Davis Weber is our Special Counsel on a particular matter involving the Decoma lawsuit. I don't believe that Holland & Knight represents Decoma, and I don't believe it represents any of the subsidiaries of Decoma. Board Member Plummer: OK, we are going to have a report from the Special Counsel in reference to the land values. All right. 48 March 8, 1999 Mr. Vilarello: Well, actually Holland & Knight was bond counsel in one of the transactions related to the Arena. Isn't that correct? Mr. Friedman: We were issuers, counsel to MSEA on one of their bond issues. Chairman Teele: You were not bond counsel? Mr. Friedman: We were not bond counsel for the City on that. And, I am trying to remember what year that was, it was ninety or ninety-one, maybe. Board Member Plummer: OK, are we going to hear the report of Special Counsel? Board Member Gort: He addressed that. Mr. Friedman: I have already addressed that. Chairman Teele: He already did address that. Board Member Plummer: OK. Mr. Friedman: I said we report back at the next board meeting. Chairman Teele: You brought up item, J.L., item... Board Member Sanchez: Thirteen. Board Member Plummer: Yeah, well that's... Chairman Teele: ... number thirteen, and I said, you know... Board Member Plummer: That I thought we needed cleared first. And, if that's the case, then I think there ought to be a motion of this board that this board does not find a conflict of interest. Let's get it on top of the table, or let's say there is potential, and let's throw it out and get a new legal firm. Board Member Sanchez: Mr. Chairman, I would like to hear the City Attorney on this matter. Alex, is there a conflict? Mr. Vilarello: Your counsel is Holland & Knight as you sit as the CRA board. I think, Mr. Friedman needs to address the conflicts or the potential conflicts with his firm acting in the various capacity... Board Member Plummer: He works for that firm. Mr. Vilarello: All right, and he's a partner, he's a partner with Mr. Beatty. So, I think he needs to address the issue. Mr. Friedman: Yes. Let me just tell you where I think this is right now. There is, just as the agenda items says, a potential conflict of interest which may arise from time to time on particular 49 March 8, 1999 transactions. There is no sort of blanket conflict of interest, because we serve as the counsel, Special Counsel to the CRA, and one of our partners, Robert Beatty serves on the Oversight Board. We have an ethical obligation to advise you, the board, whenever we have a conflict of interest in our representation of the board, and we would absolutely do the same when it comes up in matters involving the Oversight Board. Board Member Plummer: Simple question, does matters of the CRA have to go before the Oversight Board for approval? Chairman Teele: Contracts. Ms. Hilda Tejera (Administrator/Acting Executive Director): Yes. Board Member Gort: Whatever. Chairman Teele: Yes. Board Member Plummer: Whatever. Ms. Tejera: Yes. Commissioner Regalado: That's what I asked. Board Member Plummer: Then, there is a conflict. If he is the gentleman who sits there in judgment, he is a member of your firm, he is a member of the Oversight Board, to me it is a very clear cut conflict, and I am glad it's up on top of the table to be understood. Chairman Teele: We have put it on the table primarily for the purpose of letting it be noted and it's not being swept under the rug. Board Member Plummer: All right. Chairman Teele: I think in fairness to all parties, we should take this item up in thirty days. We can do one of two, or three, or four things. One of the things that we can do is get new counsel, another thing we can do is waive the conflict, another thing... I mean, you know, there is any number of ways to deal with this, and I just think that it's... Board Member Plummer: Mr. Chairman, if what you are saying is, that in the next thirty days, no points of interest that we are dealing with that will go before the Oversight Board, then I have no problem with deferring of the thirty days. Chairman Teele: All right, thank you. Board Member Plummer: But, other than that, I, I, personally think that it is a clear cut, not vested, but a conflict. Commissioner Regalado: That's what I asked, J.L., if we had any contracts right now, and Chairman Teele... 50 March 8, 1999 Chairman Teele: No. Board Member Plummer: There is none. Commissioner Regalado: ... said no. And, there are none, and there won't be, not until we have the agreement with the City. So... Board Member Plummer: No, I don't see that. Commissioner Regalado: ... thirty days, it doesn't matter, because he's not going to review any contracts. But, if we are talking about Margaret Pace Park and other parks, all these little bids, contracts are going to be before the Oversight Board and the Review Committee. So, I am telling you that you need to resolve this situation before you start construction of all these projects. Board Member Plummer: Mr. Chairman, I'll move that item thirteen be deferred thirty days, or until or next meeting, whichever is quicker. And, that a determination will be made at that time as to item thirteen. But, in the interim, no matters of the CRA will be proffered to the Oversight Board for any consideration... Board Member Gort: You have one... Board Member Plummer: ... until thirteen is decided. Board Member Gort: Excuse me. Chairman Teele: Commissioner Gort. Board Member Gort: It's my understanding you have one right now. You have a letter in front of you giving an opinion about a contract they have. Chairman Teele: That, that is correct, and... Board Member Plummer: Item eleven? Board Member Sanchez: No. Board Member Gort: No. Mr. Friedman: The Interlocal Agreement between the City and the CRA was negotiated and worked on by your counsel, by Holland & Knight, prior to Mr. Beatty joining the firm... Board Member Plummer: But, you... Mr. Friedman: Now, he is reviewing it from the other side. Board Member Plummer: That's crazy. Board Member Gort: Wait. 51 March 8, 1999 Board Member Plummer: That's the fox in the hen house all at one time. Board Member Sanchez: Mr. Chairman, you know, you have got to take things, a couple of things into consideration here, I mean, are we going to penalize the law firm that, that is? You know, is any of the attorneys overseeing some of the cases or some of the things that are pertaining, he is not. He is in charge of the Oversight Board, and when you start penalizing the law firm, it puts you in a situation where, you know, it's really not fair because he has the responsibility of the Oversight Board. Now, in a law firm, he is a partner in a law firm. What are you going to do? Penalize the law firm that, every time they are going to deal with the City on any matter with the CRA? You know, it's... It all depends. Each man, every man has two sides, and we need to take into... I really don't see it as a conflict of interest, as long as he is not being the sole attorney proceeding over legal matters that pertains to the CRA or the City, or the City. We are not going to penalize him for being the head of the Oversight Board which he has been appointed. I mean, he's got no control over that. Chairman Teele: Commissioner. Board Member Sanchez: And, I am sure he is not going to handle anything pertaining to legal matters which pertain to CRA. I mean, have I made myself clear here, or? Chairman Teele: Commissioner, you have made yourself extremely clear, and I would... You know at that point in time, that's exactly how I would vote. I mean, in effect I would waive any conflict because that's our right, we are the client. Board Member Plummer: Absolutely. Chairman Teele: And, we have that right. And, every client in America has the right to determine who is going to represent them. I would think that obviously, Mr. Beatty should take note of this, and he should not, necessarily as Chairman of the Oversight Board, he should no longer even chair the Contract Committee for that... necessarily... But, that's his choice. Board Member Plummer: Then, Mr. Chairman, I have no problem. If he, if he disqualifies himself from the Oversight Board... Chairman Teele: That's his problem. Board Member Plummer: ... I have no problem with that. That clears it up real quick like. Chairman Teele: All right, it's deferred, pursuant to your motion. Mr. Vilarello: Mr. Chairman, and Mr. Friedman is going to advise the CRA with regard to the conflict. Chairman Teele: Exactly. Mr. Vilarello: Commissioner Sanchez correctly pointed out that Mr. Beatty does not act as a lawyer for the City or for the Oversight Board for that matter. He's simply the Chairman and the Chairman now of both those Contract Review Committees and of the Oversight Board. 52 March 8, 1999 Board Member Plummer: And, there's a thousand law firms in this town that do not sit on the Oversight Board. Chairman Teele: All right, item number four. The item agenda that appears as a... Board Member Plummer: Mr. Chairman, I am told that the motion that I made by myself to defer has not been voted on. Chairman Teele: Moved by Commissioner Plummer to defer the item. Seconded by... Board Member Gort: Second. Chairman Teele: ... by Commissioner Gort. All those in favor say "aye." All those opposed? Board Member Sanchez: One negative. The following motion was introduced by Board Member Plummer, who moved its adoption: OMNI/CRA MOTION NO.99-5 AND SEOPW/CRA MOTION 99-3 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 13 (DISCUSSION REGARDING POTENTIAL CONFLICT OF INTEREST OF HOLLAND & KNIGHT, LLP SERVING AS SPECIAL COUNSEL TO THE CRA WHILE ITS NEW PARTNER, ROBERT BEATTY IS SERVING AS CHAIRMAN OF THE STATE OF FLORIDA FINANCIAL OVERSIGHT BOARD (HEREINAFTER REFERRED TO AS "OSB" AND ITS CONTRACT REVIEW COMMITTEE) FOR 30 DAYS OR UNTIL THE NEXT MEETING, WHICHEVER IS SOONER; FURTHER DIRECTING THAT DURING THE INTERIM, NO CONTRACTS/AGREEMENTS SHALL BE PROFFERED TO THE OSB'S CONTRACT REVIEW COMMITTEE FOR CONSIDERATION BY SAME. Upon being seconded by Board Member Gort the motion was passed and adopted by the following vote: AYES: Board Member Tomas Regalado Board Member Wifredo Gort Board Member J. L. Plummer, Jr. Chairman Arthur E. Teele, Jr. NAYS: Board Member Joe Sanchez ABSENT: None. 53 March 8, 1999 10. APPROVE CREATION OF $1,000,000 OVERTOWN INNOVATIVE BUSINESS DEVELOPMENT PROGRAM TO BE PREPARED BY MIAMI CAPITAL DEVELOPMENT CORPORATION, INC. Chairman Teele: All right, item number four is item number sixteen in the addendum agenda. It says item sixteen, it's actually item number four. Is there anybody here from Miami Capital? Ms. Hilda Tejera (Administrator/Acting Executive Director): Yes, sir. Cesar Phillips is very sick and sent somebody. Chairman Teele: Mr. Phillips is sick? Ms. Tejera: Yes, sir. Chairman Teele: All right. Ma'am, would you? Ms. Gladys Keith: Cesar is sick. My name is Gladys Keith, I work at Miami Capital. Item number four is also item number seventeen on your thing, it refers to a resolution. Board Member Plummer: What item number, four? Chairman Teele: No, it's sixteen... Ms. Keith: No. Well, on my sheet of paper it's seventeen. Chairman Teele: ... under their... But, at any rate, we are all together. Ms. Keith: OK. Board Member Sanchez: On which item, on four or sixteen? They are both together? Board Member Plummer: They are one and the same. Ms. Keith: They are one and the same. Basically, what this recommendation to CRA is, back in 1990 there was a resolution passed by the City Commission to develop Little Havana business revolving loan program. That program has been doing very well, so we recommended that they establish Overtown revolving loan program. That's... Chairman Teele: So, this is resolution that's contained in the handout on the table... Ms. Keith: Yes. Chairman Teele: ... that says it's number sixteen, agenda item sixteen. It's actually agenda item four. A resolution of the Board of CRA approving in concept the creation of a one million dollar ($1,000,000) innovative business program and forwarded, the resolution to the City for a review and final action. And, basically, this is patterned after the City of Miami Resolution 90-951, representing the Little Havana business development center. 54 March 8, 1999 Ms. Keith: That's correct. Chairman Teele: This resolution has no effect, it is a recommendation to the Commission. Board Member Plummer: Thirty-five thousand dollars ($35,000,00) per job retention? Ms. Keith: Yes. Board Member Plummer: Paid to who? Ms. Keith: Those are the requirements that HUD (Department of Housing and Urban Development) set up. Board Member Plummer: OK. Board Member Gort: Move it. Chairman Teele: Moved by Commissioner Gort. Board Member Plummer: That's four... Chairman Teele: Seconded by Commissioner... Board Member Plummer: Yeah. Chairman Teele: ... Plummer. Objections? All those in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. Unanimously adopted. The following resolution was introduced by Board Member Gort, who moved its adoption: SEOPW/CRA RESOLUTION NO.99-4 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY APPROVING IN CONCEPT A RESOLUTION CREATING A $1,000,000 OVERTOWN INNOVATIVE BUSINESS DEVELOPMENT PROGRAM TO BE PREPARED BY MIAMI CAPITAL DEVELOPMENT CORPORATION, INC. AND FORWARDING THE RESOLUTION ON TO THE CITY COMMISSION OF THE CITY OF MIAMI FOR REVIEW AND FINAL ACTION; PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 55 March 8, 1999 Upon being seconded by Board Member Plummer, the resolution was passed and adopted by the following vote: AYES: Board Member Tomas Regalado Board Member Joe Sanchez Board Member Wifredo Gort Board Member J. L. Plummer, Jr. Chairman Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 11 . RESOLUTION OF THE BOARD OF DIRECTORS OF THE CRA AUTHORIZING AN AGREEMENT BETWEEN THE CRA AND GREATER MIAMI NEIGHBORHOODS, INC., IN AT HE AMOUNT OF $75,000 FOR GREATER MIAMI NEIGHBORHOODS, INC. TO PROVIDE CERTAIN PROPERTY IDENTIFICATION SERVICES, TO CONDUCT DUE DILIGENCE SERVICES RELATED TO THE PROPERTIES, TO NEGOTIATE THE PURCHASE OF PROPERTIES AND TO PERFORM AND COMPLETE CERTAIN DEVELOPMENT ACTIVITIES AND SERVICES AS REQUESTED BY THE CRA, AS AUTHORIZED BY SEOPW/CRA R 98-40.2 AND OMNI/CRA R-98-11. Board Member Plummer: Item number five. I would like to defer that item until we deal with the issue of Executive Director, et cetera. It was scheduled to be put on this agenda, and... Board Member Plummer: Defer it to the next meeting? Chairman Teele: Yes, sir. Board Member Plummer: So moved. Board Member Gort: Second. Chairman Teele: Seconded. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: Item number... Unanimously adopted. 56 March 8, 1999 The following motion was introduced by Board Member Plummer, who moved its adoption: OMNI/CRA MOTION NO.99-6 AND SEOPW/CRA MOTION NO.99-5 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEMS (PROPOSED RESOLUTION TO AUTHORIZE AGREEMENT BETWEEN THE CRA AND GREATER MIAMI NEIGHBORHOODS, INC., IN AMOUNT OF $75,000 FOR GREATER MIAMI NEIGHBORHOODS, INC., IN AMOUNT OF $75,000 FOR GREATER MIAMI NEIGHBORHOODS, INC. TO PROVIDE CERTAIN PROPERTY IDENTIFICATION SERVICES, TO CONDUCT DUE DILIGENCE SERVICES RELATED TO THE PROPERTIES, TO NEGOTIATE PURCHASE OF PROPERTIES AND TO PERFORM AND COMPLETE DEVELOPMENT ACTIVITIES AND SERVICES) TO THE NEXT MEETING. Upon being seconded by Board Member Sanchez, the motion was passed and adopted by the following vote: AYES: Board Member Tomas Regalado Board Member Joe Sanchez Board Member Wifredo Gort Board Member J. L. Plummer, Jr. Chairman Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 12. RATIFY AIR SPACE AGREEMENT BETWEEN THE CRA AND FLORIDA DEPARTMENT OF TRANSPORTATION PROVIDING FOR A 20 YEAR LEASE OF TIJE AIRSPACE AT I-95 AND 3-95 FOR THE PURPOSE OF DISPLAYING AN EXHIBITION OF ART AND OBJECTS OF ART HAVING AN AFRICAN, AFRICAN AMERICAN AND CARIBBEAN THEME, AS AUTHORIZED BY SEOPW/CRA M-98- 40.3. (SEE LABEL 14) Chairman Teele: Item number six. It relates to Air and Space under 95 and 395 and it also... Board Member Gort: Move it. Chairman Teele: Moved by Commissioner Gort. 57 March 8, 1999 Board Member Sanchez: Second. Chairman Teele: Seconded by Commissioner Sanchez. Objections? All those in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? The following motion was introduced by Board Member Gort, who moved its adoption: SEOPW/CRA MOTION NO.99-6 A MOTION OF THE BOARD OF DIRECTORS OF THE CRA RATIFYING THE AIR SPACE AGREEMENT BETWEEN THE CRA AND FLORIDA DEPARTMENT OF TRANSPORTATION PROVIDING FOR A 20 YEAR LEASE OF THE AIRSPACE AT I-95 AND I-395 FOR THE PURPOSE OF DISPLAYING AN EXHIBITION OF ART AND OBJECTS OF ART HAVING AN AFRICAN, AFRICAN AMERICAN AND CARIBBEAN THEME, AS AUTHORIZED BY SEOPW/CRA M-98-40.3. Upon being seconded by Board Member Sanchez, the motion was passed and adopted by the following vote: AYES: Board Member Tomas Regalado Board Member Joe Sanchez Board Member Wifredo Gort Board Member J. L. Plummer, Jr. Chairman Arthur E. Teele, Jr. NAYS: None. ABSENT: None [Note for the Record: This motion was later formalized and passed as SEOPW/CRA Resolution No. 99-8. See label 14.) Chairman Teele: Yes, ma'am. Ms. Eleanor Kluger: I would like a little bit of explanation of what we are talking about. Board Member Plummer: Yeah. Ms. Kluger: Yeah, you could pass this around... anybody knowing. Chairman Teele: Well, everybody know... These are air rights. Right now, there is no air right regarding the areas under 95, and 395. As a result, they are home for the homeless. Ms. Kluger: Right. 58 March 8, 1999 Chairman Teele: What we are talking about doing in the area of 395, I believe is working with FIU, Florida International University and others in terms of getting college students involved in cleaning up underneath the I-395 areas. This is... Board Member Plummer: Again. Chairman Teele: This is strictly in Overtown, ma'am. And, it relates to getting Dr. MarvinDunn and other people like that to use their students to clean-up these areas. Ms. Kluger: Well, we also have three other schools in the downtown area. Maybe they would like to participate too. And, I worry about the art, I don't mind the clean-up business, that's great. I really think that would be a wonderful project. But, when you are talking about putting art objects in that area, what kind of art objects and, you know, does the... Chairman Teele: Well, this... Ms. Kluger: ... community want that kind of thing? Chairman Teele: Well, ma'am, just so that we are very clear. This is Second Avenue. This is not all over the City of Miami. This is in one very specific corridor, and this is a presentation that has been made by Dr. Dunn to the Overtown Advisory Board and to any number of people relating to the area underneath 395 at Second Avenue to 1 st Avenue. Ms. Kluger: That is Northwest. Does it say that? Because we have 395 at Northeast... Chairman Teele: No, listen, no, no. Ms. Kluger: ... 1 st Avenue and Second Avenue. Chairman Teele: No, nothing to do with that. (INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.) Chairman Teele: No, no. Board Member Gort: No. Chairman Teele: This is... Board Member Gort: Northwest. Chairman Teele: Northwest Second Avenue... Board Member Gort: And Northeast. Ms. Kluger: OK, if it... Chairman Teele: Northwest. 59 March 8, 1999 Ms. Kluger: If it would say that, I would have no objection. Board Member Plummer: But, this is for twenty years. Does the City derive, or does the CRA derive any revenue from this? Chairman Teele: No, the issue is, we don't pay any revenue from it... Board Member Plummer: And... Chairman Teele: ... to use it. Board Member Plummer: And, who is going to, is there a provision for maintenance? Chairman Teele: There is no provision for maintenance at this time, but we will working with the Florida DOT (Department of Transportation) on that. Right now... Board Member Plummer: Is there in the contract, if they do not do anything in a certified period of time that the contract is null and void? Chairman Teele: Well, what we are trying to do in this agreement is get the rights with the Florida DOT. Board Member Plummer: Right. Chairman Teele: The second, number seven, is to work with Florida International once we get those rights for them to maintain them. And, I think... Board Member Plummer: Mr. Chairman, the only thing I am saying is, if they don't do anything in a year, or two years, that it makes this contract for twenty years null and void. Chairman Teele: All right, well we will write that in. Board Member Plummer: So, I think twelve months period of time is very adequate to put the deal together, and if it's not they can come back to us and we'll either extend it or not, but at least... Chairman Teele: The twenty years relates to us, J.L. Theirs is five years. Board Member Plummer: OK. Chairman Teele: All right... Board Member Plummer: Either fish or cut bait. 60 March 8, 1999 13. RESOLUTION OF THE BOARD OF DIRECTORS OF THE CRA AUTHORIZING CRA' EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE AN AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY AND FLORIDA INTERNATIONAL UNIVERSITY FOR FIU TO PROVIDE VOLUNTEER LABOR AND SERVICES FOR A'. PERIOD OF 5 YEARS TO MAINTAIN TIDE GARDENS UNDER THE RIGHT OF WAY OF I-'i 95 AND I-395 AND TO COMPLETE THE ART WORK PURSUANT TO THAT CERTAIN AIR AND SPACE LEASE AGREEMENT BETWEEN THE CRA AND FLORIDA DEPARTMENT OF TRANSPORTATION. Chairman Teele: On number seven. motion by Commissioner Regalado, seconded by the Chair. All those in favor say "aye." Those opposed? The Commission (Collectively): Aye. The following resolution was introduced by Board Member Regalado, who moved its adoption: SEOPW/CRA RESOLUTION NO.99-7 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING AND DIRECTING THE EXECUTIVE DIRECTOR AND SPECIAL COUNSEL OF THE COMMUNITY REDEVELOPMENT AGENCY TO PREPARE AN AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY AND FLORIDA INTERNATIONAL UNIVERSITY PROVIDING FOR THE UNIVERSITY TO PROVIDE VOLUNTEER LABOR AND SERVICES FOR A PERIOD OF FIVE YEARS FOR THE PURPOSE OF MAINTAINING THE GARDENS UNDER THE RIGHT-OF-WAY AT I-95 AND I-395 AND TO COMPLETE THE ART WORK PURSUANT TO THAT CERTAIN AIR AND SPACE LEASE AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Chairman Teele, the resolution was passed and adopted by the following vote: AYES: Board Member Tomas Regalado Board Member Joe Sanchez Board Member Wifredo Gort Board Member J. L. Plummer, Jr. Chairman Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 61 March 8, 1999 14. RESOLUTION OF THE BOARD OF DIRECTORS OF THE CRA RATIFYING THE AIR AND SPACE AGREEMENT BETWEEN THE CRA AND FLORIDA DEPARTMENT OF TRANSPORTATION AT I-95 AND I-395 TO EXHIBIT ART (SEE LABEL # 12). Board Member Gort: I don't think we voted on six. Chairman Teele: You didn't hear it? On six was moved by Commissioner Gort... Commissioner Regalado: Yes, we did vote. Chairman Teele: ... and seconded by... Just, do you have a? Mr. Walter J. Foeman (City Clerk): I have a mover and a secondeder. Board Member Plummer: On six? Board Member Gort: Six. Mr. Foeman: Moved by Gort, seconded by Sanchez. Chairman Teele: On the question, all those in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. The following resolution was introduced by Board Member Gort, who moved its adoption: SEOPW/CRA RESOLUTION NO.99-8 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CRA RATIFYING THE AIR SPACE AGREEMENT BETWEEN THE CRA AND FLORIDA DEPARTMENT OF TRANSPORTATION PROVIDING FOR A 20 YEAR LEASE OF THE AIRSPACE AT I-95 AND I-395 FOR THE PURPOSE OF DISPLAYING AN EXHIBITION OF ART AND OBJECTS OF ART HAVING AN AFRICAN, AFRICAN AMERICAN AND CARIBBEAN THEME, AS AUTHORIZED BY SEOPW/CRA M-98-40.3. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 62 March 8, 1999 Upon being seconded by Board Member Sanchez, the resolution was passed and adopted by the following vote: AYES: Board Member Tomas Regalado Board Member Joe Sanchez Board Member Wifredo Gort Board Member J. L. Plummer, Jr. Chairman Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 15. COMMENTS REGARDING MORE INFORMATION NEEDED REGARDING AGREEMENT BETWEEN THE CRA AND GREATER MIAMI NEIGHBORHOODS, INC. (SEE LABEL # 11) Board Member Plummer: Did we do five yet? Board Member Gort: Yes. Board Member Plummer: All right. Mr. Walter J. Foeman (City Clerk): Yes. Chairman Teele: Five was deferred. Board Member Gort: You made the motion. Board Member Plummer: Five was deferred. OK, that's... I didn't, OK. And, I made the motion, OK. Board Member Gort: What did you have for lunch today? Board Member Plummer: Mr. Chairman, I... On five, for the purposes of deferment. I would like to have a great deal of information before this matter is discussed. Namely, number one, where is the money coming from, and number two, the scope of their engagement. Chairman Teele: Yeah, all right. And, the Mayor has asked those same questions, and we'll be happy to get that to you. Board Member Plummer: God forbid. 63 March 8, 1999 16. DISCUSSION OF THE STATUS OF THE INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CRA AND THE CITY OF MIAMI. (SEE LABEL 9-B) Chairman Teele: All right, eight, nine, ten, eleven, twelve, thirteen. Fourteen, we have had a little bit of discussion and I just think it's very, very important that the board know that we must resolve the issue of the Interlocal Agreement. All of the Community Development funds that were allocated last year, we don't have an agreement with the City of Miami. Technically, this reflects, I think... Board Member Plummer: I move that it be scheduled for an agenda once again. Chairman Teele: Moved by Commissioner Plummer, seconded by the Chair. Is there objection? All those in favor say "aye." The Commission (Collectively): Aye. Board Member Plummer: Presentation will be made by the Chairman. The following motion was introduced by Board Member Plummer, who moved its adoption: SEOPW/CRA MOTION NO.99-9 AND OMNI/CRA MOTION NO.99-7 A MOTION TO SCHEDULE CONSIDERATION OF INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CRA AND THE CITY OF MIAMI. Upon being seconded by Chairman Teele, the motion was passed and adopted by the following vote: AYES: Board Member Tomas Regalado Board Member Joe Sanchez Board Member Wifredo Gort Board Member J. L. Plummer, Jr. Chairman Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 64 March 8, 1999 17 . DISCUSSION OF THE BOARD OF DIRECTORS OF THE CRA REGARDING ARTICLE V OF THE INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF MIAMI AND THE CRA RELATING TO PERSONNEL AND OTHER RESOURCES TO BE PROVIDED BY THE CITY OF WAMI TO THE CRA. Chairman Teele: All right, now regarding Article V. We need to bring it to your attention that... I think Hilda Tejera and Hammond have operated absolutely in an impossible situation admirably, particularly in keeping the dialoge with the organizations like the Omni, the Overtown Board. Both of them are City employees. As you know, the City has hired away from the CRA, and the CRA is very happy and very proud that they have been hired. People like Erdal Donmez who is now a department head. Sandra Joice of course, went to a private consulting. We simply must focus in, I think over the next thirty days on hiring a full-time executive director that is not a City employee. Commissioner Plummer, I know that you have had a lot of experience in the context of working with the Bayfront Trust, as Commissioner Gort has had with DDA (Downtown Development Authority). I believe that it is imperative that we agree to move forward with an executive director, and I would like to ask that Commissioner Gort be named to negotiate an agreement with someone at a rate not to exceed the rate that the previous full-time director was being paid. A recommendation, and further that the person of Mr. Dick Judy, the former Airport Director, a man who has a reputation of being able to get things done, particularly in the area of the parks area, et cetera, will be in a position to act. And, so, I would ask that Commissioner Gort meet with him, and work with him, and let's see if we can bring him on board for a year without a contract. Board Member Plummer: Mr. Chairman, are we talking, when you say the compensation of the previous director... Chairman Teele: Herb Bailey. Board Member Plummer: ...we are speaking of Herb Bailey who was not only the Executive Director, but also was an Assistant City Manager. So, I think that when we try to break it out of that there has got to be a breakdown as to what compensation was the CRA, and what compensation was that of an Assistant City Manager. So, I just bring that to Mr. Gort's attention that we need to understand, because he was also receiving, as my understanding, the full package of benefits from the City, which as we know is a nice package. Chairman Teele: Well, the package of the City. I am talking about the line salary. Board Member Plummer: All right. Chairman Teele: The package with the City is about forty percent, as I understand it. Board Member Plummer: The bottom line is dollars. Whether it's package or salary. And, the bottom line has got to be the same, so... The CRA is not obligated since it is not a City employee to pay the package, that's negotiable. Chairman Teele: That's my point. And, I think it was going to require... The only thing I will not agree to is a contract and, because I really do think it should be a personnel action in which 65 March 8, 1999 we are bringing a person in and these contracts, you know they wind up going to the Oversight Board, the wind up... This should be a personnel action. Board Member Plummer: Is Mr. Judy available? Chairman Teele: There have been some discussions. Several law firms have talked to me about it. I met with him in December. He indicated that he would like the challenge of doing some community service for one year. Board Member Plummer: Well, I heard he was in Hong Kong. Chairman Teele: He's back from Hong Kong. But, I think we all know Mr. Judy Board Member Plummer: I know him very well. Chairman Teele: ... is a very independent person who will... Board Member Plummer: Oh, that's a mild understatement. Chairman Teele:... who will do exactly what he thinks to be the right thing, and that's why I don't want a contract. Board Member Plummer: OK, let's move on. Chairman Teele: All right, let's move on and... Board Member Plummer: Mr. Gort will do his usual good job. 18 . REPORT BY VICE-CHAIRMAN GORT REGARDING THE EXPANSION NUMBER OF THE BOARD OF DIRECTORS OF THE CRA FROM FIVE DIRECTORS TO SEVEN DIRECTORS. Chairman Teele: Mr. Gort will do his usual good job. And, Commissioner Gort, did you want to report at this time on the discussion about moving the CRA (Community Redevelopment Agency) from five to seven persons? Board Member Gort: No, I don't have any problem with that. Chairman Teele: Well, we had asked you to begin to look at that. I mean, one of the things is that we represent two clear constituencies. One is Omni and the other is Park West Overtown, and one of the challenges I think that we have had to try to deal with is, how do we make sure that we are fully reflected. I think... Board Member Plummer: ... the advisory group. Chairman Teele: I think the advisory group process has worked very, very well particularly in the Margaret Pace Park thing. 66 March 8, 1999 Board Member Plummer: Thank you, I formed it. Chairman Teele: I think it's a real compliment, and I think the people are very much engaged. The question is, do we want to move it from five to seven. The state law allows it to be seven, and I think it's a policy question that we should consider... Board Member Plummer: What? Chairman Teele: ... but if you are not ready to take it up now I don't think... Board Member Gort: I am ready... Chairman Teele: Sure. Board Member Gort: ... to make the motion. Always from the beginning I have said that we should have representation, and we already have two organizations who work very closely with us... Board Member Plummer: I can't hear him. Board Member Gort: ... and if it needs a motion from myself, I am ready to make a motion for it. Board Member Plummer: Would you interpret what he said? I can't hear him over here. Chairman Teele: He says that he has always felt that there should be representation on this board. Board Member Gort: Now it's my understanding if it's up to us, and I apologize, I was doing my research on the expansion of the DDA (Downtown Development Authority) bond into this district here. Chairman Teele: See, one of the issues has been the Park West people more and more are saying nobody represents them. They feel somewhat left out. Board Member Gort: That's correct. Chairman Teele: You have two different spheres of influence and issues, areas of concern. The question would be, would you put on someone from Park West and Overtown, or would you put on someone from Overtown and Omni, or would you put on somebody from Omni and Park West, and I don't think those are easy issues. But, the state law limits these boards to not more than seven persons. Board Member Plummer: Well, I would have no problem, Mr. Chairman with ex-oficio members with non -voting rights. But, I think five members to try to make a decision is hard enough sometimes, and I think five in my opinion is adequate. If you want to add two ex-oficio members non -voting who will have the right of input directly as a member of this board, I have no problem with that. That's one person's feeling. Board Member Gort: My understanding is, the problem is we already have that with the Advisory Board, they come and they give us all the information, they do their homework. 67 March 8, 1999 Board Member Plummer: No... Board Member Gort: I think they should have the ability to have the vote. Remember, we recommend, we don't make final decisions. The final decisions are made by the Commission, by the five of us who have to make those decisions. Chairman Teele: Commissioner Gort, I want to say one thing, that's true of some areas, but in a lot of areas strictly related to the CRA, we do make the final decision. Now, Mr. Attorney, City Attorney, you need... You are representing the City here on this. Legally, do we have the right to make final decisions on matters relating to the CRA? I know budget has to be submitted to the City Commission, et cetera. Mr. Alejandro Vilarello (City Attorney): I think you correctly stated it, Commissioner. There are certain items the CRA has final authority to approve, and that's, the CRA Board will do that. Anything else, it has to ultimately also be approved by the City Commission is still in your hands. Maybe, Mr. Friedman can give you more details of those, a distinction of the items that the CRA only... Board Member Plummer: This is not an agenda item. Why are we? Chairman Teele: It is, it is item number seventeen. Board Member Gort: It's on the agenda. Mr. Robert Friedman (CRA Attorney): I believe that what's been represented so far is accurate. Board Member Plummer: ... seven and five? Mr. Friedman: There are some things that the CRA can sign off on, for example, you know the development of properties within the... Board Member Plummer: Item seventeen has nothing to do with membership. Mr. Friedman: .. redevelopment area. The CRA is able to go out for RFPs (Request for Proposals) and take development plans and make decisions about developers. That's one example. Board Member Plummer: Mr. Chairman, for the record. Let the record reflect that the Chairman is operating on a different agenda than what I have. Chairman Teele: That's always the case. Board Member Plummer: No, no, no. No, no, the written agenda. Mr. Clerk. Chairman Teele: Hold on. Board Member Plummer: His item seventeen is different than my item seventeen, and my item seventeen speaks to the million dollars of Overtown initiative business district, his does not. His 68 March 8, 1999 seventeen is a report by Gort regarding the expansion, the number, and mine is eighteen a report by Gort says nothing about it. Chairman Teele: J.L., J.L., let the executive... Look, let us just agree on this. It's an item that has been on the table before. The item of five members or seven members. Commissioner Gort was appointed to dis... to a committee. We will not act on it today, J.L. Board Member Plummer: Mr. Chairman, my concern is that you have a document where mine just said, report by Vice Chairman Gort. Yours goes into more detail, yours is longer than mine. Chairman Teele: J.L., J.L., yours is right there in front of you. It's the final, revised agenda. This is the one that I picked up here on the table. My agenda in my packet doesn't have it that way. Board Member Plummer: I don't have a revised agenda. Chairman Teele: Well, talk to the Executive Director, she is the one that... the packet. Board Member Plummer: Well, OK, look. I am just putting it on the record that the agenda, Hilda, that I have is not the same that the Chairman, because... Chairman Teele: Are there any other matters? Board Member Regalado: No. Chairman Teele: Are there any other matters to come before... Board Member Regalado: No, Mr. Chairman. Chairman Teele: ... the agenda. I think it's very, very interesting. At some point we need to have a policy discussion, and again, you know, cutting off the debate doesn't do anything, I don't think to advance a discussion of these things. But again, we need to discuss it, maybe we keep it at five, I could vote for five or I could vote for seven. But, I think the real issue here is, this is a democracy and we need to be able to discuss these things. Board Member Plummer: Oh, absolutely. Mrs. Kluger. Ms. Kluger: We recently received a request from you about changing the scope of our Omni Advisory Board. Chairman Teele: From me? Ms. Kluger: I believe it was from you. Yes, sir. Chairman Teele: No, it wasn't from me. Ms. Kluger: Unless it was from the Mayor. Chairman Teele: No, it wasn't from me. 69 March 8, 1999 Ms. Kluger: But everybody... I'll give you a copy of that. Board Member Plummer: From the Mayor? From the Mayor? Ms. Kluger: I thought it was from you, Commissioner Teele. Chairman Teele: There has been some discussion about changing the boundaries of the CRA. Ms. Kluger: No, this had to do with having people from the DDA (Downtown Development Authority) select members for this committee, and.. Chairman Teele: No, no, no. No, no, no. Ms. Kluger: I submitted six names and... Is that something different? Chairman Teele: Let me explain what that is. Let me explain what that is. Ms. Kluger: OK. Chairman Teele: The Commission passed an oversight authority over the CRA, over us, and our staff as well as Community Development to review on a five-year... It's like a sunset deal, like a sunset law, to review the performance of the CRA and the performance of Community Development funding. A part of that allows for your board to make recommendations of who should sit on that Oversight Board. At the end of the five years, there will be a recommendation as to whether or not we should continue with the CRA process, we should eliminate it, we should merge it with the City, we should do any number of things or do nothing. But, that is a sort of like an Oversight Board, if you will, that will review beginning in... Ms. Kluger: July. Chairman Teele:.. in October this year, coming year that will review the performance of the CRA and will review the performance of Community Development funding activities citywide. Ms. Kluger: But, we are making that group a combination of what we already are. It's like... Chairman Teele: No, no. Ms. Kluger: ... overseeing ourselves. Chairman Teele: No, you give recommend... You have a recommendation of one person to serve on that board. That will be a nine -member board, I believe. Ms. Kluger: Right. Chairman Teele: They will function like an Oversight Board for that purpose. Ms. Kluger: OK, three from DDA, three from... 70 March 8, 1999 Chairman Teele: No. Ms. Kluger: We are recommending, OK. You will pick from that, but then... Chairman Teele: They will pick one person. Ms. Kluger: But, then you all will be on it also, no? Chairman Teele: No, ma'am. They will evaluate us. Ms. Kluger: OK. It's very confusing, and I think we really need a little discussion on it. Board Member Plummer: But it's independent of the CRA. Chairman Teele: It's independent of us. Board Member Plummer: It's independent of the DDA. Chairman Teele: It's independent of the CRA, independent of the DDA, and they will evaluate us. They will evaluate how well we are performing. Board Member Plummer: And, how will those nine members be appointed, Mr. Chairman? Chairman Teele: You will appoint one. Board Member Plummer: OK. Chairman Teele: Each of us will appoint one. The Mayor will appoint, I think one. Board Member Plummer: That's six. Chairman Teele: And, the Commission will take one of three names from this, from the Omni group. Board Member Plummer: Advisory group. Chairman Teele: And, from the Overtown Advisory group. Ms. Kluger: Well, I think in the near future we could use a little bit more explanation into that to know how it's going to work so that we are all Democratic about it, and it's going to work well. Chairman Teele: And, the DDA. Those three agencies. All right. Are there any...? Board Member Plummer: Move for adjournment? Chairman Teele: A motion for adjournment. Is there a football, a basket ball game tonight? Board Member Gort: Yes, there is. 71 March 8, 1999 Board Member Plummer: Yes. Chairman Teele: 76ers? Board Member Plummer: I don't know. Chairman Teele: Motion for adjournment. Board Member Plummer: It is not the University of Miami, so I have heart pains. Chairman Teele: Moved by Commissioner Regalado, seconded by Commissioner Gort. Board Member Plummer: Always in order. Chairman Teele: All those in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Board Member Regalado, who moved its adoption: SEOPW/CRA MOTION NO. 99-10 AND OMNI/CRA MOTION NO.99-8 A MOTION TO ADJOURN THE CRA MEETING. Upon being seconded by Board Member Gort, the motion was passed and adopted by the following vote: AYES: Board Member Tomas Regalado Chairman Arthur E. Teele, Jr. Board Member Wifredo Gort Board Member J. L. Plummer, Jr. NAYS: None. ABSENT: Board Member Joe Sanchez 72 March 8, 1999 THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE COMMUNITY REDEVELOPMENT BOARD, THE MEETING WAS ADJOURNED AT 7:15 P.M. ATTEST: Walter J. Foeman CITY CLERK Commissioner Arthur E. Teele, Jr. Chairman "*7 . R ORA 4JE go b obV�1 �oo,PF 0 73 March 8, 1999