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HomeMy WebLinkAboutSEOPW OMNI CRA 2001-11-15 Minutes0 Im CITY OF MIAMI CRA MEETING MINUTES OF MEETING HELD ON NOVEMBER 15, 2001 PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL Priscilla A. Thompson/City Clerk '9 ,. 31. (A) AUTHORIZE CRA EXECUTIVE DIRECTOR, WITH ASSISTANCE OF CITY ATTORNEY AND SPECIAL COUNSEL FOR MATTERS RELATING TO CAMILLUS HOUSE, TO NEGOTIATE AND UPDATE EXISTING AGREEMENT WITH CAMILLUS HOUSE, TO NEGOTIATE AND UPDATE EXISTING AGREEMENT WITH CAMILLUS HOUSE. REVIEW COMMUNITY REDEVELOPMENT AGENCY (CRA) BOARD MEMBERS' CONCERNS OVER CURRENT SITE CHOSEN FOR RELOCATION OF CAMILLUS HOUSE AND FURTHER INVESTIGATE ADDITIONAL OPTIONS TO ACQUIRE DIFFERENT LOCATION OUTSIDE OMNI REDEVELOPMENT AREA FOR RELOCATION OF CAMILLUS HOUSE. (B) CANCEL CRA BOARD MEETING CURRENTLY SCHEDULED FOR MONDAY, NOVEMBER 19, 2001 AND RESCHEDULE NEXT CRA BOARD MEETING FOR TUESDAY, DECEMBER 11, 2001, BEGINNING AT 2:00 P.M. Chairman Teele: All right. Mr. Chairman, we asked for a -- if I may recess the Commission meeting. We noticed a 2 o'clock meeting of the CRA (Community Redevelopment Agency), solely for the purpose of just updating everybody on the Camillus House issue. We've received the opinion from counsel. And Mr. Cardwell, and Mr. Bloom and Ms. Lewis -- we're waiting on you, Ms. Lewis. And, Mr. Cardwell, you might -- and the opinion of counsel is what, of course, we -- Have you all passed those out? Board Member Gort: You want a motion to recess the regular meeting? Board Member Sanchez: Yes. Chairman Teele: Yes. Board Member Gort: So moved. Board Member Sanchez: Motion to recess the regular Commission meeting. Vice Chairman Winton: Second. Board Member Sanchez: There's a second. Vice Chairman Winton: Second. Board Member Sanchez: Open for discussion. All in favor say "aye." The Commission (Collectively): Aye. Board Member Sanchez: Anyone opposing, having the same right, say "nay." It passes unanimously. 1 November 15, 2001 ME The following motion was introduced by Board Member Gort, who moved for its adoption: MOTION NO. 01-1212 A MOTION TO RECESS THE REGULAR PORTION OF TODAY'S AGENDA IN ORDER TO CONVENE THE SPECIAL MEETING OF THE COMMUNITY REDEVELOPMENT AGENCY (CRA). Upon being seconded by Vice Chairman Winton, the motion was passed and adopted by the following vote: AYES: Board Member Tomas Regalado Board Member Joe Sanchez Board Member Wifredo Gort Vice Chairman Johnny L. Winton Chairman Arthur E. Teele, Jr. NAYS: None ABSENT: None THEREUPON, THE CITY COMMISSION, UNDER AUTHORITY OF SECTION 163.01, FLORIDA STATUTES, AND PART III, CHAPTER 163, FLORIDA STATUTES, CONSTITUTED ITSELF AS THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, IN ORDER TO DEAL WITH THE FOLLOWING ISSUES: Board Member Sanchez: Meeting of the CRA. Chairman Teele: Meeting of the CRA. The CRA essentially is attempting to move forward with the issue of the Camillus House. We have a series of problems, of course. And what we have are a series of negotiations. What we're seeking today is the authority for the City Attorney, the special counsel, and the Executive Director to re -commence negotiations with the Camillus House, and further, to take note of the fact that the legal opinion is what we have said it would be, and that is that the CRA may acquire land for the purpose of the relocation of the Camillus House. I think there is nothing that we can do, other than building of the Omni -- of the Performing Arts Center that is going to continue to take the brakes off of redevelopment in terms of the TIF, the Tax Increment District, than to get the Camillus House relocated. And this Commission and the CRA have, for the last 15 years, fumbled the ball on this, because of a whole lot of issues. And what I'm suggesting is, we need to go ahead -- You know, when there's no election in sight, people have the courage to do the right thing. And a year and a half from now -- Board Member Regalado: Question, Mr. Chairman, just to clarify. Can the CRA go out of the boundaries to buy the land? 2 November 15, 2001 Chairman Teele: Mr. Cardwell, you might want to give your name and address for the record. David Cardwell: David Cardwell with the Cardwell Law Firm in Orlando. The opinion concludes that the CRA may expend monies from the trust fund to acquire property outside of its redevelopment area for the purpose of relocating persons or places from within the area to outside the area. Board Member Regalado: Thank you. Chairman Teele: The other question is, can the CRA eminent domain land outside of the area? Mr. Cardwell: If it's for the purpose of relocation, and if it's authorized by the City Commission and by the County. Chairman Teele: So it would have to be authorized by both the City and the County, an eminent domain. Ms. Lewis -- Board Member Regalado: When you say, Mr. Chairman, "the City and the County," you're talking about both Commissions? Chairman Teele: Both Commissions would have to approve an eminent domain by the CRA. Now, let's be very clear about this. The City can eminent domain, but the City cannot eminent domain for this purpose. Only -- nor can the County. Only a redevelopment authority can eminent domain for a development purpose. And I think there is a subtlety that a lot of us have not really focused on, and that is the CRA powers are broader than municipal powers or County powers, in that the eminent domain and certain actions can take place for the purpose of development. In the case of eminent domain of a municipality, it may only eminent domain for a municipal purpose. But that power can only be granted by those two governmental bodies, under state law. And what we're trying to do is not to anything now but just put everybody on notice, and the only resolution is to instruct the Director and the attorneys to get back to the table, let's negotiate, let's come up with some options and let's, hopefully, have something to bring before this CRA Board and City Commission by the end of December. Vice Chairman Winton: Move the resolution. Board Member Regalado: Second. Board Member Sanchez: Have we identified where any property that we may be looking at or -- Chairman Teele: No, but I will say this: The property that the Camillus House is looking at now would have a negative impact on the Omni Redevelopment District. Board Member Sanchez: OK. Chairman Teele: And I mean -- you know, we've got to be -- we've got to be careful that we're not making one neighborhood better than another neighborhood, et cetera. But I know that the 3 November 15, 2001 Commission or the CRA Board Members have wrestled with this issue of where they seem to be going now. What we're saying now is, we don't necessarily agree with that decision, and we're going to take the responsibility of finding a better location. Now, any location is going to have to be approved by this board. It's going to have to be approved by the City Manager and the City board, and in probability, if we go to eminent domain, it's going to have to be approved by the County and the County board. So there is a lot to be done. And then we just can't give them a location that they don't agree to. So what this does is says, let's look at -- let's let the Director and the lawyers meet with them, and let's try to agree on something, and let's try to move forward. And that's all that we're doing here today. But we do have the breaking news, as we have an opinion in hand now that says that the CRA has the authority to buy land -- to purchase land outside of the boundary. And, obviously, we're implying that we can eminent domain, with the permission of the City Commission and with permission of the County Commission. Board Member Regalado: Mr. Chairman, would it not be prudent to also include today some language in which we're saying we, as CRA Board Members, do not agree with relocating within the Omni Redevelopment Area for Camillus House? Chairman Teele: The area that they are technically looking at is outside of, but just adjacent to. Board Member Regalado: It's next block to it. Chairman Teele: Yeah. Board Member Sanchez: Couple blocks. Board Member Regalado: I mean, if you want to make a motion subsequent to this, I think it would be all right, but I think we ought to keep this motion clean. And, see, the real concern that I have, folks -- and let's be very clear -- there aren't a lot of areas that are going to say, you can do it in my district. Now, let's -- At the end of this day, you know, that's where we are. And what I'm saying is, I'm going to find an area that, hopefully, we can have unanimity on the Commission. And so that area is probably going to be somewhere that I'm near. Vice Chairman Winton: Well, I think there's no question, it's either going to be in your district or my district. So that's where it's going to be. Board Member Regalado: Well — but, you know, Johnny and Arthur, you can always point people and have the perception that it's going to be in an industrial area, or in an area that is not being chosen as a prime development for arts and culture and entertainment. Chairman Teele: There is no place -- let's don't fool ourselves. There is no place in the City of Miami that somebody and some large group of people are not going to come down here and oppose the Camillus House. Board Member Gort: Sure. Vice Chairman Winton: Absolutely. Absolutely. 4 November 15, 2001 Chairman Teele: And we've talked about putting it in a perfect place next to Jackson Hospital, where it's totally run down. And I mean, we had 500 people down here. This is before I got here. This thing has gone round and round. Board Member Gort: Before we got here. Vice Chairman Winton: And, Commissioner Regalado, I've taken a huge amount of heat. While I'm not in favor of the site that Camillus House has identified, I've been unwilling to tell the public that we're not going to back that site at all, because the fact of the matter is, as Commissioner Teele just said, I don't give a hoot where we put it. There's going to be a big group of people raising holy cane over that location. And I've told everybody: I don't care. We're going to find a place to get the Camillus House rebuilt so that the Camillus House can act as one of the providers at solving the homeless problem, as opposed to the current way they operate their business, which contributes to, as opposed to helping solve. And I'm going to fight that fight. Board Member Regalado: But, Johnny, what I was trying to accomplish is to avoid the ripple effects that whatever you say or anybody here says has in the long-term planning of some companies or some entities in a particular area. If you guarantee that we are not inclined to do this, then -- because this is going to be long -- then you do not put some companies, or entities or agencies in a position that, hey, what about if this happens? So it's for the long-term planning of these people who do want to come to a particular area that we need to do a little pinpointing on this matter. Vice Chairman Winton: Well, I think the risk that we take at beginning any process right now of eliminating sites is going to put us into a position where we might be eliminating sites every other time we turn around, and I'm not sure that we really want to do that. I think that we want to put pressure on the entire community out there and send a loud message that this Commission is going to go solve that problem, and to solve it, we have to make a decision about where it's going to go. And I'm not sure I want to start telling anybody yet that it can't go here or it can't go there. At least, that's my personal view. I'm not -- it just doesn't seem that -- it has a funny ring to me right now. Maybe I'm wrong. It just -- it doesn't feel right. Board Member Gort: Gentlemen, this has been discussed even before I got here. And I think, at one time, you could have purchased that place for five hundred thousand dollars ($500,000). Look where it's at right now. And I agree with Commissioner Regalado. There's major companies that want to build a tall headquarters in here, and they're waiting for that decision -- near that site -- and they're waiting for that decision. And I tell you, if we don't get that company to build their headquarters in there, that's going to be devastating for the City of Miami. Chairman Teele: It's not in this motion, but let's take that up in a separate motion, then. On the motion to instruct the attorneys and the staff to go forward to renegotiate with the Camillus House, and to try to present something in December, all those in favor say "aye." 5 November 15, 2001 PM cm The Board Members (Collectively): "Aye." Chairman Teele: All those opposed say "no." The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: SEOPW/CRA RESOLUTION NO. 01-129 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") AUTHORIZING THE CRA EXECUTIVE DIRECTOR WITH THE ASSISTANCE OF THE CITY ATTORNEY AND SPECIAL COUNSEL FOR MATTERS RELATING TO THE CAMILLUS HOUSE, TO NEGOTIATE AND UPDATE THE EXISTING AGREEMENT WITH THE CAMILLUS HOUSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Regalado, the resolution was passed and adopted by the following vote: AYES: Board Member Wifredo Gort Board Member Tomas Regalado Board Member Joe Sanchez Vice Chairman Johnny L. Winton Chairman Arthur Teele NAYS: None ABSENT: None Chairman Teele: Now, Commissioner Regalado, if you would like to move that the current site that's contiguous to the Omni is a site that the CRA has concerns about. Board Member Regalado: Well, I would rather not -- Vice Chairman Winton: I'm OK with that. Go. Board Member Regalado: Oh, you do? Because -- I mean -- Board Member Gort: Go ahead. Make the motion. I'll second. Board Member Regalado: You know, I agree with Chairman Teele in the fact that we need to have a unanimous voice on this issue. But I'm telling you that for long-term planning, I will do that. So I'll move that resolution. 6 November 15, 2001 om Board Member Gort: Second. Chairman Teele: Moved and seconded. Is there objection? All those in favor, say "aye." The Board Members (Collectively): "Aye." Chairman Teele: All those opposed? The following motion was introduced by Board Member Regalado, who moved for its adoption: SEOPW/CRA MOTION NO. 01-130 A MOTION TO REVIEW COMMUNITY REDEVELOPMENT AGENCY ("CRA") BOARD MEMBERS' CONCERNS OVER CURRENT SITE CHOSEN FOR RELOCATION OF THE CAMILLUS HOUSE AND FURTHER INVESTIGATE ADDITIONAL OPTIONS TO ACQUIRE A DIFFERENT LOCATION OUTSIDE THE OMNI REDEVELOPMENT AREA FOR SAID RELOCATION OF CAMILLUS HOUSE. Upon being seconded by Board Member Gort, the motion was passed and adopted by the following vote: AYES: Board Member Wifredo Gort Board Member Tomas Regalado Board Member Joe Sanchez Vice Chairman Johnny L. Winton Chairman Arthur Teele NAYS: None ABSENT: None Chairman Teele: One final thing. We've got a meeting set for next Monday. It's not going to be fair to -- First of all, we've got swearing ins next Monday. I would like to propose that we have the next CRA Board meeting on Tuesday, December 1 Ith. That's -- one of the dates we just set a Commission meeting for. Say -- notice it for 2 o'clock, but it'll come whatever time the Commission meeting ends, if that's all right. Vice Chairman Winton: Yeah, that's the way to do it. Chairman Teele: Yeah. In that way we -- Vice Chairman Winton: That's the way. Chairman Teele: Yeah. So, is there a motion to -- 7 November 15, 2001 M Vice Chairman Winton: So moved. Board Member Sanchez: Second. Vice Chairman Winton: So, are we going to not have Monday's meeting? Is that what you just said? Chairman Teele: Not have Monday's -- We've got swearing in, perhaps, on Monday and -- Vice Chairman Winton: Oh, that's right. Yeah. OK. Chairman Teele: And then it's not fair to the -- Vice Chairman Winton: No. I'm happy about this. Thanks. Thrills me. Chairman Teele: Motion that the meeting scheduled for November 19th be cancelled, and the December meeting be set for 2 -- let's say 4 p.m. Are we going to go that long? Are we going to have enough to fill up an agenda? Let's just say 2 p.m. for Tuesday, December the 1 lth Board Member Gort: Two p.m.? Chairman Teele: Two p.m. Vice Chairman Winton: I don't think this Commission has ever gotten done anywhere close to 5, never mind 2. Chairman Teele: But, see, the City Attorney makes a good point. It's going to be hard to get a full agenda on the 11 to Alejandro Vilarello (City Attorney): Ms. Bianchino -- I was just mentioning that to Ms. Bianchino right now that it's going to be difficult to move the meeting of the 201h up to the 1 lth, because it just gives us that much less time to be prepared. Chairman Teele: Yeah. Mr. Vilarello: So it'll be a short agenda. Vice Chairman Winton: OK. Great. Chairman Teele: So we're tentatively setting it -- I mean, we're setting it for 2 p.m. or as soon as the Commission meeting is over, or when the board would like to take it up. Is that all right? Vice Chairman Winton: So moved. Chairman Teele: Moved by Commissioner Winton -- Board Member Winton. 8 November 15, 2001 Board Member Regalado: Second. Chairman Teele: Seconded by Board Member Regalado. Is there objection? All those in favor, say "aye." The Board Members (Collectively): "Aye." The following motion was introduced by Vice Chairman Winton, who moved for its adoption: SEOPW/CRA MOTION NO. 01-131 OMNI/CRA MOTION NO. 01-33 A MOTION TO CANCEL THE CRA BOARD MEETING CURRENTLY SCHEDULED FOR MONDAY, NOVEMBER 19, 2001 AND RESCHEDULE THE NEXT CRA BOARD MEETING FOR TUESDAY, DECEMBER 11, 2001, BEGINNING AT 2:00 P.M. OR AS SOON AS THE REGULAR CITY COMMISSION MEETING SCHEDULED FOR THIS SAME DATE IS RECESSED. Upon being seconded by Board Member Regalado, the motion was passed and adopted by the following vote: AYES: Board Member Wifredo Gort Board Member Tomas Regalado Board Member Joe Sanchez Vice Chairman Johnny L. Winton Chairman Arthur Teele NAYS: None ABSENT: None Chairman Teele: Are there any other matters, Mr. Bloom, Ms. Lewis, Mr. Cardwell, to come before -- ? Annette Lewis (Executive Director, CRA): I have included the resolution to negotiate and enter an agreement with Solomon Yuken for the purchase of commercial real estate, if you'd care to take it up now. Chairman Teele: No. Let's take that up at a later -- would you make sure that the board members get copies of the appraisals of the various parcels that have been done? And what I would like to do, Commissioner -- Board Member Regalado is sort of the Camillus House liaison, but what I -- Johnny, you've disposed of your conflict, right? Vice Chairman Winton: Yes. 9 November 15, 2001 Chairman Teele: What I'd like to do is ask the staff to meet with you on some of these real estate issues. And I think, you know, you need to be on the ground floor on it. And -- Board Member Regalado: I think that this is a real estate issue, and that Johnny should give us a hand and give us some direction on where we need to go. William Bloom (Special Counsel, CRA): Commissioners, with respect to Camillus House, when the deal previously fell through, we had negotiated a purchase agreement with Camillus House, and we have a lease that's being negotiated with Camillus House, which would provided for them to stay -- to immediately sell to the CRA the property, based upon an appraised value, stay in possession for a certain period of time, after the closing, to allow them to develop their new facility. So a lot of rolling has already been done with respect to this transfer. Vice Chairman Winton: Good. Great. Chairman Teele: Good. The thing also that needs to be made is that we have in federal legislation five million dollars ($5,000,000), the CRA does, for the Camillus House as an earmark. Congressman Lehman has made calls and Congressman Young is putting it and carrying it -- the former Chairman of the Appropriations Committee. So we're hopeful. You know, the President is saying get the turkeys out, and that's a problem for us right now. But the House bill has got five million dollars ($5,000,000) from Congressman Young for the Camillus House toward their new building. So we're moving forward on that agreement. In a word, we've just got to deal with the Camillus House issue. The price of the Camillus House right now is about five times what it was six years ago or so. And, you know, the estimates of dirt could be well in excess of two to three million dollars ($3,000,000) just to do this thing. So we're really scrambling now to get it done. Are there any other matters to come before the CRA? There being none, the CRA Board meeting is adjourned. And we'll reconvene with -- THEREUPON, THE CITY COMMISSION, IN ITS CAPACITY AS THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, ADJOURNED CONSIDERATION OF THE HEREIN ABOVE ISSUE, IN ORDER TO RESUME CONSIDERATION OF REGULAR AGENDA ITEMS. 10 November 15, 2001 RECEIPT DATE: September 10, 2002 SUBJECT: Minutes for the Novemberl5, 2001 CRA Board Meeting MAYOR DIAZ VICE CHAIRMAN WINTON COMMISSIONER GONZALEZ COMMISSIONER SANCHEZ CHAIRMAN REGALADO COMMISSIONER TEELE Received Bv: �1! 2, AAA A,