Loading...
HomeMy WebLinkAboutSEOPW OMNI CRA 2003-03-31 MinutesCITY 0-F MIAMI CRA MEETING'- M I N U T E S OF MEETING HELD ON MARCH 31, 2003 PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL Priscilla A. Thompson/City Clerk MINUTES OF THE REGULAR BOARD OF DIRECTORS MEETING OF THE COMMUNITY REDEVELOPMENT AGENCY FOR SOUTHEAST OVERTOWN/PARK WEST AND OMNI DISTRICTS On the 3 1 " day of March 2003, the Board of Directors of the Community Redevelopment Agency for the Southeast Overtown/Park West and Omni Districts of the City of Miami met at the Old Miami Arena, VIP Room, 701 Arena Boulevard, Miami, Florida. The meeting was called to order at 5:35 p.m. by Chairman Arthur E. Teele. Jr.. with the following Board Members found to be present: Chairman Arthur E. Teele, Jr. Board Member Angel Gonzalez Board Member Tomas Regalado ABSENT: Vice Chairman Johnny L. Winton Board Member Joe Sanchez ALSO PRESENT: Alejandro Vilarello, City Attorney, City of Miami Jim Villacorta, Assistant City Attorney, City of Miami William R. Bloom, Special Counsel, CRA, City of Miami Priscilla A. Thompson, City Clerk, City of Miami Sylvia Scheider, Assistant City Clerk, City of Miami Frank Rollason, Executive Director, CRA, City of Miami Victor Monzon Aguirre (Chief of Neighborhood Services, City of Miami Annette Lewis, Chief Financial Officer, CRA, City of Miami Linda Haskins, Senior Advisor of Finance, City of Miami Anna Rojas, Chief Deputy Clerk, City of Miami Chairman Teele: Madam Clerk, what time is it? Priscilla A. Thompson (City Clerk): The time is 5:35 p.m., sir. Chairman Teele: Noting the presence of a quorum. Would you all please rise for a silent prayer, followed by the pledge of allegiance to the flag. .417 i17vOCCrt1011 was delivered bl, Chairman Teele, who then led those present in a pledge of allegiance to the flag. 1 March 31, 2003 1. DIRECT EXECUTIVE DIRECTOR TO ATTEND-"DADE DAYS" IN TALLAHASSEE IN LIGHT OF LEGISLATIVE ISSUES THAT ARE EXTREMELY PRESSING FOR CRA AND PROVIDE BOARD WITH REPORT. Chairman Teele: I think -- for the record, Commissioner Winton is certainly not present with us in the flesh, but we continue to encourage and pray for his speedy recovery. And Mr. Director, will Commissioner Sanchez be here today? Frank Rollason (Executive Director, CRA): No, sir, Mr. Chairman. He's in Tallahassee. Chairman Teele: All right. With that, I should take this opportunity to encourage the board members, as well as the Executive Director and the staff, that you deem appropriate, Mr. Director, but certainly our Attorney to attend Dade Days in Tallahassee this week. I think it's a countywide organized effort, and I think the legislative issues are extremely pressing, both on the City and on the CRA (Community Redevelopment Agency). And I hope you'll give us a little report this evening, Mr. Director, on -- Mr. Rollason: Yes, sir, we'll follow up on that. Chairman Teele: All right. 2 March 31, 2003 2. ACCEPT REPORT FROM CRA EXECUTIVE .DIRECTOR REGARDING CRA DIRECTIVES AND ACCEPT STATUS REPORT FROM GENERAL COUNSEL. Chairman Teele: Regarding the consent agenda, Mr. Director. Frank Rollason (Executive Director, CRA): Yes, sir? I'm sorry. I didn't hear what you -- Chairman Teele: Regarding your consent agenda Item Number 1. Mr. Rollason: Item Number 1. We have the report from the Executive Director regarding the CRA (Community Redevelopment Agency) directives and it's up-to-date at this point. I'll be quite honest with you. It's not at the very top of my list at the moment, but we are chipping away at it and getting it refined. But this is a status of where we are at this point. Chairman Teele: Does any board member have a question about anything in particular? Does this include the issue of traffic circles that Board Member Regalado has asked that the CRA give high consideration as he has in the City? And I think there was one proffer that we had asked that the staff work with the Omni Advisory Board and the businesses around the Omni, particularly on 14'h Street. There are two places that I think, you know, we need to get a traffic engineer. Is the consulting engineer present? Chuck Deeb: Yes. Chairman Teele: Who's representing the consulting engineer today? Mr. Deeb: (INAUDIBLE) from H.J. Ross Associates. Chairman Teele: Thank you, Chuck. There are two areas that we indicated we need to confer with the County and the Omni Advisory Board, and they're both along 14'h Street, which we all recognize is probably going to be the most important street that runs between the CRA, both the Omni district and the Overtown/Park West district. And the area between 10 and Miami Avenue, where the fire station is, is a traffic accident always waiting to happen. It's a blind circle there, and that was the one that I think Board Member Regalado had recommended. And then I had recommended that you look at 141h -- at the proper 2°d Avenue, what is improperly designated, I believe, as I" Place. Again, it's an area where the buses have a real hard time traversing and it would, perhaps, depending upon a traffic engineer's study, assist in the flow of traffic from the Performing Arts Center without having to stop for lights at the completion of events, and allow for a western escape without having to get on the ramp way or expressway. I would hope that you would look at those two things, Mr. Director, because they've come up several times before. Mr. Rollason: We will do that. If they're not on the list, they will be on the list from this point forward. Chairman Teele: I think the idea that Commissioner Regalado had was that, you know, traffic circles do give a sense of grace and dignity in some areas. Coral Gables has made a very good 3 March 31, 2003 use of them. I come from the military where traffic circles always flow traffic. You can't go to a military base that doesn't use them: And it means you don't have to stop at a light unnecessarily, and it means that traffic will be given, you know, the lead -- the preference leaving certain events. So it seems to me that those two areas lend itself to it. I think 141h is a City -- a County road? Mr. Rollason: Fourteenth Street? I -- Board Member Regalado: That's the City's. Mr. Rollason: I think that's ours. I think that's the City. Chairman Teele: Is that City? Mr. Rollason: I think that's the City's. Board Member Regalado: Fourteenth Street. Chairman Teele: Is the City's? Mr. Rollason: Miami Avenue is the County and -- Chairman Teele: Second Avenue. Mr. Rollason: -- Second Avenue is the County. Chairman Teele: Second Avenue is County. Mr. Rollason: Yeah. Chairman Teele: Well, they improperly designated 2no Avenue there, so it's 1 S` Place now when you do it, and then tell them to come back and redesignate it. OK. Commissioner Regalado, did you have any -- have you had any success with the City on traffic circles yet? Board Member Regalado: Mr. Chairman, after four years, I think that we are going to probably have the first traffic circles in the Flagami area, and they already did this study. And Commissioner Rebecca Sosa helped us, with the County Public Works. So we are going to have a pilot program. I think that we should piggyback on that pilot program and do one here in this redevelopment area. Because I think, like you said, it brings -- this is about perception and about image. A traffic circle brings a sense that, you know, luxury and grace and something being accomplished. So I think that, yes, we are going to have some traffic circles in the next six months, and we should have at least one or two in this redevelopment area as a pilot for the people to see, and for the investors to come by and see it as a sign of rebirth of the area. Chairman Teele: I agree. I think it's important that we confer, particularly, with the business and property owners. I do know that the people at Big Time Productions may or may not see it 4 March 31, 2003 the way we see it, but I think we need to confer with them -- the property -- especially the contiguous property owners. Further discussion. Item 2. Jim Villacorta (Assistant City Attorney): The City Attorney's Office has submitted a report on current contract status as of 3/21, the date the agenda went to print. In the intervening days on Item 3, we've met with the vendor and incorporated his comments into the contract, and should have the agreement signed by the end of the week. Item Number 4 was returned today for the Executive Director's signature. Item Number 12, a revised request for proposals, has been submitted for publication. Item Number 18, we're awaiting the designation of available lots. And Item Number 26 is out for a signature by the architects, Zyscovich. Chairman Teele: What about Item Number -- could we arrange to have a meeting on items number 14, 15, 16, 17, and 18, Mr. Manager, Mr. Director, and Mr. Attorney? I'd like to just try to understand why those are being held up, especially the Wolfberg. Mr. Villacorta: I'll have a meeting set up. Chairman Teele: Further questions. If not -- Board Member Gonzalez: Move the consent agenda. Chairman Teele: It's been moved and seconded, Commissioner Regalado. Board Member Regalado: Second. Chairman Teele: Is there objection? All those in favor of the consent agenda say "aye." The Board Members (Collectively): Aye. Chairman Teele: All opposed. 5 March 31, Z003 The following motion was introduced by Board Member Gonzalez, who moved for its adoption: CRA/SEOPW MOTION NO. 03-18 CRA/OMNI MOTION NO. 03-20.1 A MOTION ACCEPTING A REPORT FROM THE CRA EXECUTIVE DIRECTOR REGARDING CRA DIRECTIVES AND ACCEPTING STATUS REPORT FROM GENERAL COUNSEL Upon being seconded by Board Member Regalado, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Board Member Angel Gonzalez Board Member Tomas Regalado NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Board Member Joe Sanchez 6 March 31, 2003 3. DIRECT CRA GENERAL COUNSEL TO WORK WITH BOND COUNSEL TO STUDY RECENT COURT CASES FROM WEST COAST OF FLORIDA REGARDING NATURE AND NUMBER OF CRAS.AND- OTHER RELATED MATTERS; FURTHER TO LOOK AT BOND INDENTURE,AND"PLEDGE .OF CRA AS IT RELATES TO OMNI PERFORMING ARTS CENTER; DIRECT .CRA EXECUTIVE DIRECTOR TO SUBMIT RESOLUTION FOR RE -ADOPTION' -OR CONFIRMATION OF: APPROVED PROJECT LIST FROM FY 2003 BUDGET WITHIN NEXT 60 DAYS. Chairman Teele: So that I'm not accused of doing something I was accused of doing 10 years ago, I'm going to ask that Item Number 6 come forward, and Item Number 3 could take a little bit of time. And counsel -- Mr. Director, could you explain what we're doing on Item Number 6? Frank Rollason (Executive Director, CRA): Item Number 6 is a report to the board, to give you an update of where we are on the proposed bond issuance for the CRA (Community Redevelopment Agency). And we have with us tonight representatives Gary Akers will be here speaking from the financial advisors, and Albert Del Castillo, bond counsel, will speak from that perspective. Chairman Teele: Gary. Mr. Rollason: I think Gary will go first and give us a little update. Chairman Teele: Gary, why don't you also introduce your colleague just so that it's on the record. Gary Akers: OK. I'm Gary Akers, and this is Marissa Workman with me. We're with Steeple Nicholas & Company, and our office is in Winterpark, Florida. So we're very glad to be here with you this evening. We'd -- Chairman Teele: You did promise to spend the night, even though -- Mr. Akers: Yes. I said I promised that I would spend the night tonight, and it wasn't necessary to put me last on the agenda, but we'll also have a chance to have dinner and spend some money in the City. Thank you. Chairman Teele: It's sort of a private joke. When he came before the County and I was presiding, he swears that I put him at the end and made some statement, "We need all you bond guys to spend the night and help build our TDC (Tourist Development Council) dollar pool." So all of them missed their flight that night. So -- Mr. Akers: We spent two nights. Chairman Teele: Two nights. So They all came prepared to spend the night. Well, thank you for using our City of Miami hotels. 7 March 31, Z003 Mr. Akers: Thank you. _ Chairman Teele: This facility is funded with your dollar, TDC dollars. Mr. Akers: Very good. Give you a little overview on the bond issue. We're proceeding with bond issue of a total of around thirteen million two hundred thousand. That's based on an original authorization of twenty-two million. And there were some bonds issued in 1990, which have been paid down, but when you subtract that out of the original authorization, it permits you to issue around thirteen two. As a part of that thirteen million two hundred thousand, the remaining bond is two million, seven hundred and forty thousand will be refunded, which means refinanced. Those bonds are callable. The bare interest at eight and a half percent right now. And based on the current market for insured bonds -- and our assumption is that we'll apply for bond insurance -- and based on the current market, the true interest cost of the refunding bond issue is three point six eight percent. So I think you can see a tremendous difference. One, because of a growth in the tax increment revenues. When this was done originally, there was very -- almost no history of collections. And so in looking at the difference in savings that that produces, that's a net present value savings of seven hundred and fifty-eight thousand. The fine maturity on those bonds is two thousand fifteen. That averages out to about seventy thousand a year, annually, as far as savings is concerned. So it's a very attractive situation from the standpoint of refunding and getting rid of those eight and a half percent bonds. So following the completion issue, taking out the refunding portion, this would provide money -- something over ten million dollars ($10,000,000) for CRA projects. So the annual debt service on the proposed bond issue is around a million three twenty-five a year. The debt service on the existing bonds is about three fifty-five. So around a nine hundred and seventy thousand dollar ($970,000) additional debt service to support the new money portion of the bond issue. So that's what the financial part of the transaction looks like. If you have questions on that, I'll be glad to answer that. Your bond counsel will address the legal logistics of completing this bond issue. We're on a schedule to have this completed by July of this year. So if you have questions on the financial part, I'll be glad to address those. Chairman Teele: Questions of the members. If not, have you conferred with the City Finance Director, and are you and the Finance Director pretty much in accord? Note he's in the room so Mr. Akers: Are we in accordance? Yes. Chairman Teele: Have you conferred with the Finance Director? Mr. Akers: Yes. We've had -- yes, we've met. We've had two previous meetings with the whole financing group together, and Scott has been a part of those meetings. We've reviewed collections, you know, .historical collections of the CRA and also the estimate for 2003. So I think we're in accord on what is expected this year as far as those collections. Chairman Teele: And for the record, you're referring now to the SE -- Southeast Overtown/Park West district. 8 March 31, 2003 Mr. Akers: Right. Chairman Teele: This does not relate to the Omni District, at all. Mr. Akers: That's right Chairman Teele: All right. Thank you. Albert, welcome. It's always a pleasure to have you here. Albert Del Castillo: Good afternoon, Mr. Chairman, Commissioners. For the record, my name is Albert Del Castillo with law firm of Squire, Sanders & Dempsey, located at 201 South Biscayne Boulevard. Mr. Chair, I hope that I can go home instead of having to stay at a hotel tonight, since I do live in the City. Chairman Teele: One of the advantages of having local bond counsel. Mr. Del Castillo: There you go. All right. Over the last past several months, we have been looking at the possibility of not only refunding the outstanding bonds issued by the City of Miami for the CRA, but also issuing the balance of the 22 million that was approved and authorized back in the early 1980s by the County, and that were presented for validation by the circuit court. After reviewing those documents and going through a number of issues that had been presented, we feel that if this board signs off on the bond structure that has been presented by Mr. Akers, we can move forward and document that financing and hopefully be done with it by some point middle to latter part of the summer, say some time in July. That assumes that we will have the cooperation of a number of governmental bodies, including not only, of course, this body, but, very significantly, the City of Miami and also Dade County. One of the items that we will have to pursue is presenting the financing documents to the County Manager for his review and approval. And so that -- there's no telling how much time that will take, but we're hopeful that Mr. Shiver will be cooperative and, in due course, approve the documentation. Chairman Teele: Albert, have you been able to confer with the City Attorney on the matter, and are you all of one accord? Mr. Del Castillo: Yes, sir. We had been conferring with the City Attorney and his staff throughout. And of course, we haven't fully resolved all of the issues, but we've been working through those issues and we feel they are comfortable that in the time frame that has been set out to you, we will be able to resolve them in order to have the issue consummated by, as I said, some point in July. Chairman Teele: There are some macro issues that I hope you and the City Attorney will look closely at regarding the recent court cases over in the west coast of Florida, regarding the nature and number of CRAB and some of those matters. And I would hope that the City Attorney would give you the sufficient latitude to look at the bond indenture and the pledge of the CRA, as it relates to the Omni Performing Arts Center, to help to determine whether or not we're grandfathered or not grandfathered, and how the court cases appear to be running. Mr. Attorney, I would hope that you all would either look at it separately or jointly, because that case really has 9 March 31, 2003 0 0 created a little bit of confusion. Now, I don't think --_perspectively, it's not confusing, but as it relates to those of us that are sort of grandfathered in or grandfathered out, I'm just not sure what the case means. Mr. Executive Director, do you have comments or further directions or requests for the board? Mr. Rollason: At this point, Mr. Chairman, I'm satisfied with the progress that we're making going forward and we're looking forward to getting this done. Mr. Del Castillo: You know, Frank, if I might add one thing for the record. The timing also does depend on the nature of the improvements being financed, being such that they will qualify as governmental improvements and not require us going to the state in order to obtain volume cap. If, on the other hand, the improvements were of a nature to require volume cap, then that would throw the timing off. But I think that everything that we have seen today indicates -- gives us comfort that we will be able to utilize the purchase of these bonds for what are called governmental purposes, therefore, obviating the need to go to the state for volume cap. Chairman Teele: OK. All right. Mr. Director, that just brings to mind, can you make sure that within the next 60 days, you submit, by resolution, for readoption or confirmation, the project list? The approved project list is in the FY '03 budget that we're currently in. It was a part of the budget document. Mr. Rollason: Yes, sir. Chairman Teele: And I think we need to -- Mr. Rollason: We'll review that and if there are any changes, we'll make recommendations to come to you with those changes. And we'll -- I think we should be able to have that to you at the next meeting. Chairman Teele: OK. Mr. Del Castillo: Thank you. Chairman Teele: Further comments or concerns. If not, thank you very much. That doesn't require a vote. Mr. Del Castillo: Thank you. Chairman Teele: And we will go back -- see. Did I make up for 10 years of wrong? OK. 10 March 31, 2003 4. DIRECT EXECUTIVE DIRECTOR TO PREPARE RESOLUTION, IN CONJUNCTION WITH CITY ATTORNEY, .FOR APRIL 24, 2003 CITY COMMISSION MEETING REQUESTING ON BEHALF ..OF CRA THAT. APPROPRIATE CITY STAFF WORK WITH CONSULTANT..' I.. PROPOSED. DOWNTOWN OVERTOWN DEVELOPMENT PROGRAMMING TO ADDRESS CONSULTANT'S ISSUES AND CONCERNS. Chairman Teele: We'll go to our economic advisor to give us an update- on the feasibility and economic strategy. Don. Frank Rollason (Executive Director, CRA): That's Mr. Don Zuchelli. Chairman Teele: Very much so. Good to see you, Don. Thank you. Donald Zuchelli: It's a pleasure to be with you again. My firm, ZHA of Annapolis, Maryland, has been engaged with and working with Dover Kohl and other consultants through the CRA (Community Redevelopment Agency), the Southeast Overtown/Park West CRA -- Priscilla A. Thompson (City Clerk): Excuse me, sir. I'm sorry to disturb you, but I do need you to put your name on the record for us. Mr. Zuchelli: I'm sorry. My name is Donald R. Zuchelli. I'm president and CEO (Chief Executive Officer) of ZHA, Inc. of Annapolis, Maryland. We have basically studied the Park West area as an entertainment designated district and have looked at the Overtown area, including the western and northern expansion areas, under two separate contracts directly with the CRA agency. And I'd like to make some policy comments about our findings and recommendations before you, and you could follow me in the booklet. I'm going to obviously start on page one. I think it's necessary to perhaps give a context in which we did our research, working with the DDA, Miami downtown DDA (Downtown Development Authority). The first illustration shows that about approximately six hundred and thirty-six million dollars ($636,000,000) was invested in downtown in four major areas, being the CRA area, the downtown south and Brickell area, the core of the downtown, and then the North Miami Omni area, and approximately 75 percent of that investment was in the Brickell area, averaging about fifty-eight million dollars ($58,000,000) a year for an 11-year period through 2001. They've got a substantial amount of investment. However, I think that a company -- or rather to grow out of general fund of the City, an economic realization of what's going on in a cosmopolitan city, such as Miami, is what is now funded, under construction and announced sufficient to convince the DDA of its well-being to occur is a current development pending on the construction now total two point three billion dollars ($2,300,000,000) compared to the 660 million it took 11 years to amass. About 38 million is now known to be going in the CRA. South Brickell, again, is receiving about one point five billion dollars ($1,500,000,000); downtown core about 540 million, and about 131 million in the North Miami Omni area. Board Member Regalado: Excuse me. Mr. Zuchelli: Yes, sir. 11 March 31, 2003 Board Member Regalado: What are -- Mr. Chairman, it's just a question. What are the boundaries of the core area, specifically? Mr. Zuchelli: These are the boundaries set up by the DDA, Downtown Development Authority. Board Member Regalado: Yeah. But I mean from where to where. Mr. Zuchelli: I don't have a graphic specifically to describe that, other than (INAUDIBLE). It's south of the CRA area, and goes to the Miami River. And I just don't recall -- Chairman Teele: Pretty much from Freedom Tower -- Mr. Zuchelli: Yes. Chairman Teele: Is there anybody here from the DDA? It's pretty much the Freedom Tower to the Miami River, from the bay. Board Member Regalado: Not including Biscayne Boulevard? Chairman Teele: Including Biscayne Boulevard. From the bay over to the central business -- from the bay over to 2nd Avenue. That's pretty much been the definition; although the DDA, as you know, has asserted its boundary from Brickell -- actually from the Key Biscayne bridge there -- all of Brickell all the way up to 21 s', 22nd, all of Omni, including Watson Island. Board Member Regalado: And is North Miami considered Edgewater or we talking farther north Edgewater? Mr. Zuchelli: Basically, Omni urban CRA area slight expansion to the north and west geographically comprises what the DDA defines as their North Miami Omni area. But I think the general thick about it is that Omni CRA area, sir, you'd be more or less within a reasonable set of those boundaries. Chairman Teele: I think the part of the challenge that we're having is that the terminology and the definitions are a little bit different from the ones -- Board Member Regalado: We use. Chairman Teele: -- that are currently used.. And I think it draws into question whether or not the Planning Department -- because one of the reasons -- this study is actually about two months late coming to us. And one of the issues is trying to get the Planning Department and the DDA to sign off on this and to try to get the nomenclature the same. Has the Planning Department reviewed the document? Mr. Zuchelli: We submitted our document in July of 2001. Chairman Teele: This document? 12 March 31, 2003 • Mr. Zuchelli: Yes, which this material's contained in. Board Member Regalado: July -- Mr. Zuchelli: It's been here for almost a year. Board Member Regalado: July 2001? Mr. Zuchelli: July of 2001, yes. Chairman Teele: But the question is whether you've gotten feedback from the City Planning Department? Mr. Zuchelli: No, sir. Board Member Regalado: But what did they do with it? Does it have babies? I mean, because - Mr. Zuchelli: We've been working to try to integrate it into the CRA Redevelopment Plan document, which it will come up for formal adoption, and that's the basis in which that study was done. And that would become part of your comprehensive plan. These areas that are designated are the actual descriptions used by the DDA, and whether they're consistent with City Planning, et cetera, I can provide a set of boundaries upon my return to my office and be glad to do that, and ensure the three of you gentlemen receive that. I think the key is to understand a rather dramatic change is occurring in central Miami. It's very evident of anyone who sees the construction cranes, et cetera. But the magnitude of that change and commitment was shocking to me as a researcher to see such a magnitude of commitment being done. So, within that sense, the approach that we took was we felt very -- as we examined the CRA area, we found a -- almost a project driven -- not program driven, not policy driven -- but almost a track by track driven type redevelopment effort And I believe that's because of the age of the prior approved plan and of the lack of a new compelling economic order within the CRA, and it felt that was one of the major purposes of our work scope. So we tried to work and understand the market forces that would allow, within the Overtown/Park West CRA, to find a new economic order of use and to form, through the CRA, a strong series of institutional and developmental alliances that would give it a production capacity far beyond the talents of the staff and to carry out actions. Because, in essence, I believe private enterprise effectively could understand market returns. It could act to assist the CRA. We've looked at the four areas, being Park West entertainment, what we call downtown urban town, which is that portion between -- that is east of -- lying east of I-95, the west Over -town expansion area, and the north Overtown expansion area approved by this board and by the City Commission. And we looked at a period from our current year of 203 to 207 to the year 2017. We have interviewed just about every community organization as to their involvement, their contributions, their frustrations, their achievements, their aspirations, and have attempted to understand and make sense out of what St. Johns CDC (Community Development Corporation) is doing in the north area, the St. Agnes Church is doing, et cetera, and tried to put all of these together in a mosaic form, I'm on page seven. Park West is -- really we tried to deal with some of the current issues -- 13 March 31, 2003 Board Member Gonzalez: Mr. Chairman, I have a question here. If I'm reading this correctly, it says the current new development are pending under construction. On the Southeast Overtown/Park West CRA, we have currently going or pending or under construction thirty- eight million dollars ($38,000,000), is that correct? Mr. Zuchelli: We have committed equity and debt of thirty-eight million dollars ($38,000,000), correct. Board Member Gonzalez: Downtown South Brickell area, one thousand five hundred and forty- eight million dollars ($1,548,000). Chairman Teele: That would be one point five billion. Board Member Gonzalez: Right, one point five billion. Mr. Zuchelli: Yes, sir. Board Member Gonzalez: And downtown core area, five hundred and forty million. And the Omni, one hundred and thirty million. Mr. Zuchelli: And Omni north -- this does not include public expansion. Board Member Gonzalez: North Miami Avenue, one hundred and thirty million? Mr. Zuchelli: A hundred and thirty-one million, yes, sir. Board Member Gonzalez: I just wanted to -- Chairman Teele: I'm really -- Board Member Gonzalez: -- verify I was reading this right. Chairman Teele: I'm very uncomfortable with these numbers. Mr. Zuchelli: I'll be glad to give you a complete breakdown item by item. Board Member Gonzalez: Yeah. Mr. Chairman, the reason I wanted to clarify these figures was the fact that I was -- you know, that I was listening to the Mayor of the City -- state of the City address, and the Mayor projected about, you know, this is one city, one future, and so on and so on and so on. And I'm going to check tomorrow and see how many millions of dollars are going into East Little Havana, are going into West Little Havana, are going into Allapattah, are going into Flagami, are going into Model Cities, are going into Brownsville, because if it's going to be -- you know, this shows me the same trend that I talk about for years and years and years and years, that the only exception that I see in this plan, Southeast Overtown/Park West. The rest is business as usual, you know, which I don't oppose, which I agree to. You know, I want the 14 March 31, 2003 entire City to develop. I want the entire City to have big investments. But if we're going to be talking about one City, one future, what are we doing to attract investments and what are we doing to make sure that the City is being developed, and that the City -- the entire City of Miami is getting the same opportunities as these areas. And another issue that really has me very confused now is the issue of something that you just mentioned when you walked in about the homeless and the negative impact of the homeless in downtown and the homeless in these areas. And with all the problems with the homeless, there are one billion five hundred and forty-eight thousand dollars ($1,000,548,000) being invested. So, I mean, where is, you know, such a big negative and devastating impact? Board Member Regalado: You said homeless don't go to Brickell. Board Member Gonzdlez: Well, they don't go to Brickell. But the problem is that, you know -- I'm not getting in my district or -- in your district, I know you're not getting it. But I'm not getting in my district one tenth or one millionth of this type of economic impact, and we're talking about bringing, you know, all the homeless people into my neighborhood. Board Member Regalado: No. But I think you're right. Board Member Gonzdlez: This is good. This is magnificent. I mean, you know, for my purposes, it's great. It's great. Board Member Regalado: Mr. Chairman, I think that Commissioner Gonzdlez is -- I think that the -- to me, the key here is if we were successful in bringing ourselves the thirty-eight million dollars ($38,000,000) to the Southeast Overtown/Park West investment because they don't need, in Brickell, any agency to bring the investors. Investors kill to go to Brickell. The quick -- you know, quick look here, it shows like it jumps at you, like Angel says. Brickell, because downtown south, I think, is west of the Brickell and the Du Pont bridge. That's a natural barrier for Brickell and what they call downtown south. I don't know if I'm correct, but that's why I was looking for your barrier. Mr. ZuchelIi: Boundary description. Board Member Regalado: But the important thing for me is that we have been successful in bringing to the CRA area, out of those 38 -- thirty million dollars ($30,000,000), if we had done that, being proactive as an agency, we're good. We're OK. But there's no way to compare what is coming here and what is going to Brickell because, you know, people go to Brickell, investors go to Brickell, developers like to go to Brickell. If we can build a second floor on Brickell, they will build it. But -- Mr. Zuchelli: It's very interesting being, I guess, an outsider. The one -- the significance of these numbers to me is that the general fund of the City Commissioners are going to have a one- time infusion when these come on the tax rolls, a pretty significant amount of additional new funds. How you choose to disperse and use those funds in a public interest is very interesting as to what happens and -- 15 March 31, 2003 Board Member Regalado: Yeah. But there is no discussing about that. I mean -- Mr. Zuchelli: I understand. Board Member Regalado: That's a policy call that we have to make some time along the road, but what he's discussing is sharing the wealth. And my question wasn't about sharing the wealth. My question was those thirty-eight million dollars ($38,000,000). Did the CPA have any involvement in bringing this thirty-eight million dollars ($38,000,000) to this area? If we did, then we're good. If we didn't, we should have done it. And if we have to do it, instead of 38, can we bring 70? That's my whole question. I don't look at the other numbers. I mean, I'm happy for Brickell and downtown core area and all that, but that was my -- Board Member Gonzalez: Me, too. Me, too. I'm also happy. And I'm more happy to see that Southeast Overtown is finally getting a share of commitment from some people, because Overtown was in the same bag as some of the communities that I mentioned for many, many years. It was a community that was abandoned. It was a community that was neglected. It was a community that wasn't considered, like if it never existed in the City of Miami. So, yeah, I'm happy that this is happening in Overtown. But, then, what I'm talking about is the alleged negative impact of one institution that is being pushed to go into your district and my district, because sure, yours and mine, it's both, you know. You're going to have it in your sidewalk, but they're just going to have to cross the street and go to my sidewalk so, you know. Maybe what we can do is I have a group of people pushing them your way and then you have a group pushing it my way, and we'll see where they end up. But, you know, this is great. I mean, this is beautiful. But I just got this. Chairman Teele: Let me do this. Mr. Zuchelli, who is, by any definition, an expert, but particularly, since you're out of town and you flew in, that really helps you qualify as an expert. But -- Mr. Zuchelli: Just so I don't leave with your watch. Chairman Teele: But let me tell you what -- how I'd like to proceed, if it's all right with you? First, you've been very frustrated over the last, at least, nine months -- six to nine months, in not being able to get the kind of access to both decision makers and staff that's really necessary to get information. Is that a fair statement, there's some level of frustration? Mr. Zuchelli: There is a dysfunction that's been very difficult. Yes. Chairman Teele: And I think, you know, given the new management that has come in, that has pledged to correct the dysfunctionality -- and I have called the Planning Department on at least two occasions asking that you get. an appointment, and the Economic Development Office. I think the best thing we could do -- and I want to respond to just one point. The numbers here that you're showing have very little do to with government, per se. It has -- you're recording more or less what the private sector is doing. Mr. Zuchelli: I'm talking about the velocity of the private market. 16 March 31, 2003 • 0 Chairman Teele: The velocity of the private market. Mr. Zuchelli: That's right. Chairman Teele: And Commissioner Regalado's points are extremely apropos because the question is, is the CRA hindering, helping, or just sort of taking credit for something'? And I think, if you look at the agenda tonight -- even though I have a high level of frustration that we promised and we've started a lot of initiatives in Overtown, when you look at who's getting, the money tonight, not one Overtown business is getting it. And I'm not blaming the businesses that are getting support tonight, but I am simply just recording the fact that the velocity is moving much faster in the Omni tonight than it's moving in Southeast Overtown/Park West. But to return to your study, there are two things that bother me: First and foremost, the date of this information, whether this is information that was based upon 1990 to 2001 or is this 1990 to information 2003? And I would suggest that there's been a tremendous acceleration over the last year in that. And I think one of the things that would be very helpful, that would help everybody, is that if we, as a CRA Board, receive your report tonight and ask, Mr. Attorney, that it not be disseminated yet -- I mean, it's a public document -- but it not be disseminated yet, and that it be vetted by our City Planning Department and our Economic Development, as well as a request to the DDA, I think it would be much better -- because what's got to happen is this document is a part of a restatement of the redevelopment plan. It's a part of the overall study being done by Dover Kohl, and this is a component of that, is that correct? Mr. Zuchelli: That's correct. Chairman Teele: And this is going to have to go out into the community for public hearings, et cetera. And in that regard, I think it would be very helpful if -- using your data as a base -- if the City Planning staff were to submit the rest of the numbers for the rest of the City, so that it is not just a comparison of downtown and the DDA, but it's more reflective of what Board Member Gonzalez is asking about and what Board Member Sanchez would be asking about: How does this look in the context of the overall City? And I don't think you're going to slow this down that much if we get a little cooperation from the two assistant managers that are responsible. Is Mr. Monzon -- oh, don't leave, Ms. Haskins, because you're the other person I -- you're going to bail out. Linda Haskins (Senior Advisor of Finance): (COMMENTS OFF THE RECORD) Chairman Teele: Don't you supervise the departments of -- do you have Economic Development? And who has Planning? Victor. Would it be too much if we asked -- I mean, we can't direct anything here. Obviously, we could pass it and send it to the agenda for the City Commission, and that would be the motion that I would ask for. This study be held and let the study be vetted and updated, if you will, by the City staff in conjunction with the consultant, and with -- and to be returned back here within 30 days prior to being disseminated. I also think it's important, Mr. Attorney, that there be a separate motion to ask that your office vet it and ensure that there are consistencies with the direction of the agency. Do you agree, Mr. Attorney, or disagree? 17 March 31, 2003 i Alejandro Vilarello (City Attorney): Absolutely. Chairman Teele: You do? Mr. Vilarello: I would very much like to review it before it comes to the CRA for final approval. Chairman Teele: Well, it's a long way from final approval. The final approval will be in the actual redevelopment study, but this component, of course, would be received -- and I don't know (INAUDIBLE) receive it yet, is what I'm saying. I'd like to make sure that you get the Planning Department and Victor Monzon and Ms. Haskins -- Ms. Linda Haskins, on behalf of the Manager, to set a proffer that you all would work and not frustrate, because this gentleman is, you know, being paid whether he meets people or not. But I mean, the fact of the matter is, he has expended tremendous effort just trying to get meetings with City staff. I mean, tremendous efforts. Ms. Haskins: Mr. -- Chairman Teele: Hold on. Ms. Haskins: I -- Chairman Teele: Your name, for the record. Ms. Haskins: Linda Haskins, CFO (Chief Financial Officer), City of Miami. I gave my -- unfortunately I don't have a business card, yet. That's why it's all handwritten. Unidentified Speaker: That's quite all right. Ms. Haskins: You know, we will arrange a meeting for you and we'll go through all of your concerns, and get this information put together, as well as the numbers for the rest of the City. Chairman Teele: Mr. Monzon. Mr. Monzon, you coordinate the Planning Department, is that correct? Victor Monzon Aguirre: Yes. Excuse me. I'm Victor Monzon Aguirre, Chief of Neighborhood Services under the restructured Planning Department, as well as several other departments are under the -- my responsibility. And after hearing the comments this afternoon, I made note to myself to make sure that my Planning Department responds immediately, if not sooner, with this gentleman so we can get the information necessary so he can finish his portion of his program. Chairman Teele: I know that a lot of studies and a lot of the -- you know like the FEC (Florida East Coast) study. I mean, there's always a study going on. But this is a very important study. It's a part of the mandated study by the County, and it is a central part of sort of developing the strategic vision of where the CRA is going in the context of the rest of the City. And so, it's been very frustrating for them to even get meetings with the Planning Department. I also think 18 March 31, 2003 that the members from Building and Zoning and Planning need to be really looked at very, very closely. Mr. Monzon Aguirre: I understand, Commissioner. I got the message and we'll be taking care of that. Chairman Teele: Oh, I thought you were out. I apologize. Mr. Zuchelli: I would like to repeat the backup data on those particular members. We're in the July 2001 ZHA Report delivered to the CRA staff, which is a full document that is far beyond this summary. And that material is available through the CRA in that original document. Chairman Teele: I guess -- I certainly accept you're a professional and that the document -- the numbers are what you represent them to be as of the time. What I am suggesting is between 2001 and 2003 there have been some dramatic changes, both in thrust and in projects. And I think it may be better to capture that, if we can, using the Planning Department and the Real Estate and Economic Development Department, the Building and Zoning Department as sort of assisting you, and then looking at the rest of the City. And I think, Mr. Rollason, if you would prepare a resolution to go on the City Commission agenda, in conjunction with the City Attorney, requesting on behalf of the CRA that the City staff, you know, do what the two managers have said they will do, just so that there's a record and we get it done within 30 days so that it could come back here by the last meeting in -- or the next meeting in May -- April. Now, when did you plan to have public participation on this? Or should I ask the Director? Mr. Rollason: Well, the impetus that brought this forward to bring Mr. Zuchelli here was exactly what is flushing out at this point. I was made aware that there were some frustrations. He and I have had but one meeting when I went -- when I originally came on board and met with Dover Kohl, and we went over some of the issues. I will say that Planning participated in that. They've been -- Maria Nardi has been involved right from the outset. So I don't know whether there may be some breakdown between what's happening between Mr. Zuchelli and Dover Kohl, and Dover Kohl and with Planning. So I'm not really sure where they -- where it falls. I have not been aware that he's been having difficulty meeting with staff. That has not been conveyed to me. This is the first I'm hearing of it tonight, whether it's our staff or City staff. But the idea was to have him come tonight and give you an overview of what he was presenting, and then for us to schedule a meeting with the public in conjunction with Dover Kohl. So, that was an element that we left out from the March 81h meeting deliberately because it had not been presented to you. I would suggest that we wait at least until we return back in April to present whatever package is firmed up, before we go to the public and start presenting something that may be in conflict by the time we get back here in April. Chairman Teele: I agree. But I think it raises the point; we need to be careful how many public meetings we're having. It seems to me that there's just an orgy of meetings going on now with the public. And, you know, people have a hard time figuring out which meeting do you really go to. And I think, you know, one of the things that we ought to try to do is get a master schedule of public meetings so that we're not just having everybody plop out a meeting when they're ready for it and we -- you know -- 19 March 31, 2003 Mr. Rollason: I agree. I think that part of the issue was keeping Dover Kohl on track and them getting their report -- Chairman Teele: No, I'm not just talking about Dover Kohl. I'm talking about CRA. There's been mini park meetings. There's been the meeting on -- that we just had at the Lyric on something. We got this meeting. I mean, we just need to pull in these meetings, and get a master plan particularly between now and the end of the Dover Kohl study so that we don't, you know, have people coming to meetings that aren't the real meeting. Mr. Rollason: Well, in fairness, too, Mr. Chairman, what's happening is because of the meetings that we've had like the one on March 8th, people participate in that meeting and then they have organizations that would like us to come and make a presentation -- Chairman Teele: That's not -- I'm not talking about presentations. Mr. Rollason: So (INAUDIBLE) Chairman Teele: We want to try to do as many presentations as we can. Mr. Rollason: We're doing that with the Overtown Advisory Board. That's where the discussion took place on the mini park. And -- but I think that we're on track. And we would have had the element with the -- economic element that Mr. Zuchelli presents, except that it just was not ready to go forward. You all had not had a chance to look at it, and we weren't happy with what we were looking at at this point. Chairman Teele: Mr. Zuchelli, one final question from me. What happened to the Wellness Center and the -- you know, the concept of looking at Park West as a part of health -- Mr. Zuchelli: I was going -- all of my presentation is on that subject. Chairman Teele: OK. But that's still a part of your core -- Mr. Zuchelli: Yes. Chairman Teele: OK. All right. Mr. Zuchelli: If I may, sir? Chairman Teele: Based upon the advice of the counsel, I really would rather we do what we've agreed on doing, and that is to get the staff to work with you and then to bring it back here. Mr. Zuchelli: I take it that you do not want a presentation of our economic findings -- Chairman Teele: No, to the contrary. We want an updated and revised presentation in the month -- at the next meeting. And if necessary, we will schedule a meeting around your schedule, sir. 20 March 31, 2003 i • Mr. Zuchelli: Very good. Chairman Teele: If that's all right? Mr. Zuchelli: I'll try to work it out with the Chairman. My services -- I've completed my services, and I'm writing the final reports to be submitted now. But I'll sit down -- Chairman Teele: Well, would you work with the Executive Director? And would you all -- Mr. Zuchelli: I find him very, very professional. I'd be more than pleased to sit down and work with him. Chairman Teele: Well, I hope you'll, perhaps, consider giving us an extension on your services so that we -- because I don't see how you could be completed until the final report briefing has been done by Dover Kohl. Mr. Rollason: I think that's part of the issue. And also part of the issue is some review of the scope of work to make sure that both the Overtown area and the Park West area have been treated at least somewhat equally in what we are presenting, and I'm concerned about that at this point. So we do need to get together, and we may have to come back to you to adjust that. I'm not sure. Chairman Teele: Well, I think we all understand that and we will be -- I certainly will be supportive of trying to make those adjustments. Mr. Zuchelli: Fine. I'll go no further with the presentation. Chairman Teele: Thank you. 21 March 31, 2003 0 • 5. AUTHORIZE CRA TO ENTER INTO LEASE -FOR NINETY NINE YEARS WITH BLACK ARCHIVES, HISTORIC AND RESEARCH FOUNDATION ,OF SOUTH FLORIDA, INC., WITH RESPECT TO .PROPERTY ADJACENT TO LYRIC THEATER LOCATED AT CORNER 'OF -NORTHWEST SECOND. AVENUE AND NORTHWEST EIGHTH STREET(P- Chairman Teele: With that, I am advised by counsel that there is a need to bring forth the item on behalf of the Lyric Theater. I understand they have to get out. Is Dr. Fields still present? Unidentified Speaker: Yes. Chairman Teele: All right. What number is that, Mr. Attorney? Item 21? Frank Rollason (Executive Director, CRA): That should be in 21. I think it's "D" maybe. Chairman Teele: Twenty-one D? Mr. Rollason: Twenty-one D. Chairman Teele: Mr. Attorney. William R. Bloom (Special Counsel, CRA): The item relates to the approval -- Chairman Teele: Give your name and address. Name and title for the record. Mr. Bloom: William R. Bloom, Holland & Knight, Special Counsel to the CRA (Community Redevelopment Agency). The issue involves the 1999 -- Mr. Rollason: Bill, I don't think that's on. Hang on a second. Chairman Teele: You need to pull it closer, they're saying. Mr: Bloom: OK. The matter involves a 99-year lease between the Southeast Overtown/Park West Community Redevelopment Agency and the Black Archives Historic Foundation. Chairman Teele: All issues have been resolved, haven't they? Mr. Bloom: All the issues have been resolved, as relates to what we described as P-7, which is the parking lot immediately south of and adjacent to the Lyric Theater, which they intend to develop as part of their expansion of the theater. At this point, the lease has been executed by the Black Archives. We have the certificates and the insurance, subject to having risk management sign off on the final certificates of insurance. The lease is completely done and it's ready for execution, subject to board approval. Chairman Teele: Is there a motion to approve? 22 March 31, 2003 • 1 • Board Member Gonzalez: Move it. Chairman Teele: Is there a second? Board Member Regalado: Second. Chairman Teele: It's been moved and second. Dr. Fields, did you want to make a comment? Dr. Dorothy Fields: Thank you. Chairman Teele: Dr. Dorothy Fields, founder of the Black Archives. Dr. Fields: History and Research Foundation of South Florida. And it's been a long time coming. We appreciate all the work that was done to make this possible. Know that the expansion of the Lyric Theater is an anchor and center to the redevelopment, not just of Overtown, but of downtown also. And we hope that you will continue as we move forward with the expansion. Chairman Teele: Have we worked out the easement on the back yet? Not yet? Dr. Fields: No, sir, we have not. Chairman Teele: But that's a legal quagmire that we're in. We've got to try to figure that out, too. And did we ensure that when the Black Archives is not using the property, it will -- the parking portion that will be developed, it will be available for responsible use? Mr. Bloom: Yes, sir. There is a provision in the lease where when the parking lot is not required for use in connection with events at the Black Archive -- at the Lyric Theater, they'll make the spaces available for the use by the general public and the businesses in the surrounding area, subject to reasonable rules and regulations. Chairman Teele: But reasonable use? Mr. Bloom: That's correct. Chairman Teele: And that doesn't mean a barbeque stand or a fish fry stand at five o'clock in the morning. Dr. Fields: I'm disappointed. Board Member Regalado: Mr. Chairman, just a question (INAUDIBLE). The easement is what you need in the back to have like a dressing room, is that correct? Dr. Fields: Yes. We need to be able to expand the stage and to have (INAUDIBLE) Chairman Teele: Loading ramps. 23 March 31, 2003 Dr. Fields: Yes. Board Member Regalado: Because, you know, I really do think that we should do something about that. The Lyric is one of the most beautiful and acoustic perfect theaters that we have, but you don't have a stage. It is impossible to do something grandiose there because the stage is too little and you don't have a dressing room. And that's -- until that is resolved, there cannot be major productions in the Lyric. Chairman Teele: That item is on the agenda. The triggering mechanism to that item is on the agenda also tonight. And this item does not involve that, but your comments are extremely well taken and helpful to the record I think. On the motion that's before us, all those in favor say "aye." The Board Members (Collectively): Aye. Chairman Teele: All opposed. The following resolution was introduced by Board Member Gonzalez, who moved for its adoption: CRA/SEOPW RESOLUTION NO. 03-19 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY (THE "CRA") AUTHORIZING THE CRA TO ENTER INTO A LEASE FOR A TERM OF NINETY NINE (99) YEARS WITH THE BLACK ARCHIVES, HISTORIC AND RESEARCH FOUNDATION OF SOUTH FLORIDA, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION (THE `BLACK ARCHIVES") IN THE FORM ATTACHED HERETO AS EXHIBIT A AND MADE A PART HEREOF (THE "LEASE") WITH RESPECT TO THE PROPERTY ADJACENT TO THE LYRIC THEATER LOCATED AT THE CORNER OF NORTHWEST SECOND AVENUE AND NORTHWEST EIGHTH STREET, MIAMI, FLORIDA ("P-7" ). 24 March 31, 2003 (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: Chairman Arthur E. Teele, Jr. Board Member Angel Gonzalez Board Member Tomas Regalado NAYS: None ABSENT: Vice Chairman Johnny L. Winton Board Member Joe Sanchez Chairman Teele: All right. We'll go back to the -- Dr. Fields: Thank you all. Chairman Teele: Did you want to say anything, Dr. Fields? Dr. Fields: No. Just thank you all. And of course, now we are -- as the Commissioner said, we need to look at the alley and the 50 feet beyond that so that we can have a viable theater. Thank you much. Chairman Teele: Thank you, Dr. Fields. And thank your attorney, as well. 25 March 31, 2003 6. UPDATE* ON - SEOPW AND OMNI COMMUNITY REDEVELOPMENT AGENCIES ANNUAL AUDIT BY KPMG, LLP, EXTERNAL AUDITORS FOR CRA. Chairman Teele: All right. Let's go back to the item -- Item Number 4. Frank Rollason (Executive Director, CRA): Item Number 4 is going to be a referral from KPMG (Klynveld, Peat, Marwick, Goerdeler) as to the status of where we are at the present time with the outside audit, and Donovan McKinnley will make the presentation tonight for KPMG. Donovan McKinnley: Thank you. Mr. Rollason: Being that (INAUDIBLE), I think, has got jury duty, right? Mr. McKinnley: Thank you, Frank. My name is Donovan McKinnley. I'm with KPMG, 2 South Biscayne Boulevard. I'm going to be brief. We were engaged to perform an audit, each of -- one for Southeast Overtown and one for the Omni District. I'm pleased to announce that we're about 99 percent complete with our field work of the audit. We're about -- we're now in what's called the printing stage, and literally that means compiling numbers that were audited into a report; put together with the footnotes associated with those numbers, and basically producing what's called a Management Discussion Analysis document. The agency has engaged a separate firm to complete this document. We have seen the first draft. We had looked at the numbers, looked at the notes, and we have made our comments back to management and to that firm as to what our comments were relating to that. And I guess we're in the process of just going back and forth, of exchanging and making sure that the report is complete and in accordance with (INAUDIBLE) accepted accounting principles. The statements will be reported in what's called GASB(Government Accounting Standard Board)-34, as we probably talked about for the last couple years. So the statements you see are a little different than the ones that you've seen in the past years. With respect to the management letter, we are in the process of compiling that also. As discussed here before, the report that was issued back in, I think, September of last year, most of the comments that were reflected in that document are probably going to be repeated in this year's management letter. The agency has hired a separate firm that is basically laying out the roadmap to implement the recommendations that we pointed out in the last audit. And hopeful -- and actually, we've met on various occasions to address these points, and they're coming up next to give a status as to where they are with that. We anticipate issuing the -- our audit reports and the management letter by the end of this month -- or the end of next month, I'm sorry. The end of April. And I just want to add one more thing. The fact that throughout the audit we've had full cooperation of management. We've had a very good channel of information going back and forth, and we were able to actually complete the audit on schedule for probably the first time in many years. So with that, I'll entertain any questions that you may have. Chairman Teele: There being no questions, we'll go to the next item. Mr. McKinnley: Thank you. 26 March 31, 2003 7. STATUS REPORT BY HARVEY BRANKER--& I ASSOCIATES, P.A., CPA FIRM ENGAGED BY CRA ADMINISTRATION. Frank Rollason (Executive Director, CRA): All right. The next item is, we're going to have a report from the CPA (Certified Public Accountant) firm that was -- that we hired of Harvey, Branker and Associates. And Mr. Carlton Branker will give that status report of where he is, and he's been quite busy. Carlton Branker: Carlton Branker, Harvey, Branker and Associates, 3107 Hallandale Beach Boulevard. We came on approximately about -- maybe about two weeks ago at this point. I've been working with Frank Rollason and the rest of the staff just to try to begin to address some of the things that KPMG (Klynveld, Peat, Marwich, Goerdeler) and the auditors had been talking about in the past couple of days with the audits and things like that. Now, when we got there about two weeks ago, there was some changes going on with staff, being that the CFO (Chief Financial Officer) resigned. And I think some of these items we're going to bring up are going to probably repeat themselves throughout the meeting. However, we broke off -- what we're going to be doing down probably in about five various phases. The first part is just the daily controls. We've been working pretty arduously with KPMG to complete the year-end audit, filling in the gaps there, working on, you know, various budget items, revenues, expenditures, making sure everything -- the day-to-day operations have been going on. The second thing we've been working on is just the general ledger controls, financing controls, beginning to put together the monthly financial reports. We're drafting reports now that we would like to begin to present to the board on a monthly basis on the operations of the CRA (Community Redevelopment Agency), where we are with various products -- projects, line item by line item. The third phase is beginning to break down and look at all of the various management letter comments that the auditors referred to and had been referring to in the past. And we picked two of them that we found were probably of the most importance to us, so we wanted to concentrate on those two first. The first one being, we noted that the CRA doesn't have an encumbrance accounting. Encumbrance accounting, meaning that just an ability to track what funds have been encumbered or contracted out. We met with Scott Simpson. We had a conversation with Linda Haskins on putting together an encumbrance accounting package for the CRA. The fourth point being the project cost accounting, being able to detail out, project by project, what these projects are costing us. All of the information is currently now in the system, in the general ledgers of the CRA. However, sometimes it's a little difficult to get to that information based upon the way it's systemized in there. So what we're doing is reconfiguring the system and the way the information is put in there to make that more concise and easily attainable. The fifth part is just following up with the rest of the management letter comments that the auditors have been giving us. Those that are deemed -- I don't want to call them not important, but I do want to say they probably fall, as we see them, a less priority as the first two that we may fix asset records, payroll maintenance files and things of that sort. So, again, just repeating myself, five things we're concerned on: the daily operations, making sure the data operation of the CRA financially are under control; looking at the general financial ledger controls, making sure monthly reporting is done on a timely basis; encumbrance accounting, putting together a package for that; project cost accounting, and just following with any other management letter, comments or things like that that need to be addressed. And again, we've been working with Frank, with the staff there, and 27 March 31, 2003 some conversation we've had with Linda Haskins to make sure that that's done in a timely manner, in a way that's efficient and presentable to the CRA. Chairman Teele: All right. Any discussion:' If not, thank you very much, sir. 28 March 31, 2003 • 8. APPROVE SEVERANCE PACKAGE TO BE PROVIDED TO CRAS' FORMER CHIEF FINANCIAL .OFFICER. Chairman Teele: Item Number 7. Frank Rollason (Executive Director, CRA):' Item Number 7 is a severance package for the CFO (Chief Financial Officer). Chairman Teele: Is this package different from the previous package granted? Mr. Rollason: No, sir. This was -- this follows the same guidelines that were presented -- Chairman Teele: Is there a motion? Board Member Regalado: Yes. Move it. Board Member Gonzalez: Second. Chairman Teele: Is there objection? All those in favor say "aye." The Board Members (Collectively): Aye. The following resolution was introduced by Board Member Regalado, who moved for its adoption: CRA/SEOPW RESOLUTION NO. 03-20 CRA/OMNI RESOLUTION NO. 03-21 A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST ("SEOPW") COMMUNITY REDEVELOPMENT AGENCY AND THE OMNI REDEVELOPMENT DISTRICT ("OMNI") COMMUNITY REDEVELOPMENT AGENCY (COLLECTIVELY THE "CRAS") APPROVING THE SEVERANCE PACKAGE TO BE PROVIDED TO THE CRAS' FORMER CHIEF FINANCIAL OFFICER AS SET FORTH IN THE ATTACHED EXHIBIT "A" CONTINGENT UPON EXECUTION OF A RELEASE OF THE CRAS AND CITY OF MIAMI. 29 March 31, 2003 i 0 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Gonzdlez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Board Member Angel Gonzdlez Board Member Tomas Regalado NAYS: None ABSENT: Vice Chairman Johnny L. Winton Board Member Joe Sanchez 30 March 31, 2003 9. RATIFY ACTION OF EXECUTIVE DIRECTOR RELATED TO PURCHASE OF LAPTOP COMPUTER.FROM DELL MARKETING L.L.P.; $69780. Chairman Teele: All -- number 8. Frank Rollason (Executive Director, CRA): Number 8 is a ratification of action I took when I came over to purchase three laptop computers for myself and my staff. Commissioner Gonzalez: Move number 8. Chairman Teele: Is there object -- second? Board Member Regalado: Second. Chairman Teele: Is there objection? All in favor say "aye." The Board Members (Collectively): Aye. The following resolution was introduced by Board Member Gonzalez, who moved for its adoption: CRAISEOPW RESOLUTION NO. 03-21 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN(PARK WEST COMMUNITY REDEVELOPMENT AGENCY (THE "CRA") RATIFYING THE ACTION OF THE EXECUTIVE DIRECTOR RELATED TO THE PURCHASE OF LAPTOP COMPUTER FROM DELL MARKETING L.L.P. IN THE AMOUNT OF $6,780. CRA/OMNI RESOLUTION NO. 03-22 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OMNI COMMUNITY REDEVELOPMENT AGENCY (THE "CRA") RATIFYING THE ACTION OF THE EXECUTIVE DIRECTOR RELATED TO THE PURCHASE OF LAPTOP COMPUTER FROM DELL MARKETING L.L.P. IN THE AMOUNT OF $6,780. 31 March 31, 2003 0 0 (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: Chairman Arthur E. Teele, Jr. Board Member Angel Gonzdlez Board Member Tomas Regalado NAYS: None ABSENT: Vice Chairman Johnny L. Winton Board Member Joe Sanchez 32 March 31, 2003 • 0 10. ADOPT CRA LOAN POLICY. - - Chairman Teele: Number 9. Frank Rollason (Executive Director, CRA): Number 9 is a loan program. We were directed to be able to handle the types of loans that the CRA (Community Redevelopment Agency) was discussing in relation to SAX on the Beach and Gill's brought those to the -surface, but there was not a loan policy in place. We were directed to come back with a -- Board Member Gonzalez: Move number 9. Mr. Rollason: -- policy (INAUDIBLE) -- Chairman Teele: Is there a second? Board Member Regalado: Second. Chairman Teele: Is there objection? All in favor say "aye." The Board Members (Collectively): Aye. The following resolution was introduced by Board Member Gonzalez, who moved for its adoption: CRA/SEOPW RESOLUTION NO. 03-22 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/ PARK WEST COMMUNITY REDEVELOPMENT AGENCY (THE "SEOPW CRA-') ADOPTING THE CRA LOAN POLICY IN THE ATTACHED EXHIBIT `A'. CRA/OMNI RESOLUTION NO. 03-23 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OMNI COMMUNITY REDEVELOPMENT AGENCY (THE "OMNI CRA") ADOPTING THE CRA LOAN POLICY IN THE ATTACHED EXHIBIT `A'. 33 March 31, 2003 • 0 (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: Chairman Arthur E. Teele, Jr. Board Member Angel Gonzalez Board Member Tomas Regalado NAYS: None ABSENT: Vice Chairman Johnny L. Winton Board Member Joe Sanchez 34 March 31, 2003 • 0 11. AUTHORIZE EXECUTIVE DIRECTOR TO —AMEND ASSISTANCE PACKAGE AWARDED .TO ` GILTS CAFE' AND BAKERY . BY . REPLACING AWARD FROM COMMERCIAL ::EQUIPMENT LOAN PROGRAM. WITH LOW INTEREST LOAN ELIMINATING . AWARD FOR IMPACT FEES; . PROVIDE THAT TOTAL IN LOANS TO GILI'S CAFE WILL-NOT:EXCEED $609000.00: Frank Rollason (Executive Director, CRA): Number 10. Number 10 is one with -- we had here previously on the meeting in February. We went back and tried to structure that. This is the one for Gill's Caf6. We ran into several problems dealing with areas, specifically, that the Commercial Loan Equipment Program was not in place, and also there was not an issue dealing with impact fees. Gili's has opened. They're operational. Board Member Gonzalez: Move 10. Mr. Rollason: They have hired people and -- Chairman Teele: Is there a second? Mr. Rollason: -- we restructured it this way. Board Member Gonzalez: Move 10. Board Member Regalado: Second. Chairman Teele: Is there objection? Board Member Gonzalez: None. Chairman Teele: All in favor say "aye." The Board Members (Collectively): Aye. The following resolution was introduced by Board Member Gonzalez, who moved for its adoption: CRAIOMNI RESOLUTION NO. 03-24 A RESOLUTION OF THE BOARD OF THE OMNI COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE EXECUTIVE DIRECTOR TO AMEND THE ASSISTANCE PACKAGE AWARDED TO GILI'S CAFE' AND BAKERY VIA OMNI MOTION M-03-13 ON FEBRUARY 24T", 2003 BY REPLACING THE AWARD FROM THE COMMERCIAL EQUIPMENT LOAN PROGRAM WITH A LOW INTEREST LOAN ELIMINATING THE AWARD FOR IMPACT FEES; AND PROVIDING THAT THE TOTAL IN LOANS TO GILTS CAFE WILL NOT EXCEED $60,000.00. 35 March 31, 2003 • 0 (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: Chairman Arthur E. Teele, Jr. Board Member Angel Gonzdlez Board Member Tomas Regalado NAYS: None ABSENT: Vice Chairman Johnny L. Winton Board Member Joe Sanchez Board Member Regalado: When is the grand opening of Gili's? Mr. Rollason: Twenty-ninth, I believe. It would be April 291h, will be the grand -- when we're going to have the ceremony. Board Member Regalado: What day of the week? Chairman Teele: Tuesday. Mr. Rollason: Tuesday. Board Member Regalado: Tuesday, OK. Mr. Rollason: Tuesday. 36 March 31, 2003 12. AUTHORIZE EXECUTIVE DIRECTOR TO ENTER INTO LOAN AGREEMENT WITH SAX ON THE BEACH_ . WITH FUNDS -TO BE PROVIDED FROM OMNI TAX INCREMENT TRUST FUND. Frank Rollason (Executive Director, CRA): Number 11. Number 11 -- that was voted -- 10 took place, right? I don't want to jump ahead too fast. Unidentified Speaker: Yes. Mr. Rollason: Number 11. Number 11 was -- Board Member Gonzalez: Move for 11, Mr. Chairman. Mr. Rollason: -- SAX on the Beach. This (INAUDIBLE) Chairman Teele: Motion on number 11. Is there a second? Board Member Regalado: Second. Chairman Teele: I have one amendment, and that is that the sponsorship of the events on the Margaret Pace Park must be done and acknowledged prior by the CRA (Community Redevelopment Agency). What I don't want is for the club to have an event, nobody knows that it was held, nobody knows what it is. Because I'm going to tell you something. We've given out a lot of money and people say they're going to do things. The guy, Ernest King, that everybody said -- in fact, I'm still waiting on a report -- the art basil. Mr. King, I don't know whether to repeat what he says or not, but he has said that he has not received one dollar ($1), not one dollar ($1) for his presentation and his work. And you know, we've got to -- you know, there's got to be some oversight. There's got to be some follow up. There's got to be some monitoring. Now, I mean, you can rest assured anything happens in Overtown is going to be monitored. Unidentified Speaker: Yes. Chairman Teele: You can believe that. But there's got to be monitoring across the board. Mr. Rollason: I agree. Chairman Teele: And you know, we'll. approve all these loans tonight and that's fine. 1 don't have a problem with that. But there are at least five loans that were committed in Overtown over four years ago, none of which have been approved. Not one. One to the barbershop -- two to the barbershop. One to the shoe shop. And of course, the problems in Overtown are different from Omni or Park West, primarily in the case of the projects there in the Omni. The business owner is also the property owner. And so, you have the issue of not having code compliance. It's very difficult when you have a guy, like the gentleman who owns the shoe shop, who's renting space, and we're trying to get the owner to agree to bring the building up to code, or let us work with them to bring the building up to code, and the owner said, "I don't want to put that kind of 37 March 31, 2003 money in it," dah, dah, dah, dah, dah. So I mean, it's not a one -shoe -fits -all, one -size -fits -all kind of problem, but the result is the same. And that is, we're approving all these loans for Park West and for Omni, and we're not approving one loan in Overtown and that's all right for the moment, but it needs to be put on the record. Yes, sir. Mr. Joseph, welcome. Fred Joseph: Thank you. Fred Joseph, Omni Advisory Board. I have offered to meet with the Executive Director to set up any type of guidelines, times, days of the week, all those things. If we logistically have some information ahead of time, we'll be happy to give it to the entire Omni Advisory Board and get back to him with a schedule that will be compatible with the neighborhood. Chairman Teele: All right. Board Member Gonzalez: Mr. Chairman. Chairman Teele: Will the maker of the motion agree to the amendment that's requested on the terms of the loan -- Board Member Gonzalez: Yes. Move, as amended. Chairman Teele: -- as a responsibility, where it says "will host and sponsor jazz weekend," that is, with the approval of the CRA Board, will host. And then it says also -- Mr. Rollason: Mr. Chairman, you want that to come back to the board or -- Chairman Teele: No. Mr. Rollason: -- (INAUDIBLE) administration? Chairman Teele: No. It can go to administration. Mr. Rollason: That would expedite it, I'm sure. Chairman Teele: Yeah. It can go to the administration. Board Member Gonzalez: OK. Move it, as amended. Chairman Teele: All right. As amended, it is accepted. Board Member Regalado: Second. Chairman Teele: And the CRA's responsibilities will be amended to reflect this. And this is -- number 4 will be up under the completion, hopefully, of that. And I would want the board -- I would want the Executive Director to at least give us a written report on that, but I think it's very, very important that this be inclusive and not just be a private club deal. 38 March 31, 2003 Mr. Rollason: I understand. Chairman Teele: I mean, because the City Commission gets people coming all -- every year and Commissioner Regalado has tried, unsuccessfully, a couple of times to help some people in the Grove who want to have jazz events; is that right, Tomas? Board Member Regalado: Absolutely. And -- Chairman Teele: And so, you know, we need to spread our receptacle beyond who we are and who we know, but to activities that are going on throughout the City that can be relocated into this area, if it's appropriate. Mr. Rollason: I agree. We'll follow up on that. Chairman Teele: There's been a -- accepted as an amendment. And I would ask the distinguished owners, Karen and -- is this acceptable? Would you all just put your name and address on the record and indicate whether or not this is acceptable -- these changes are acceptable to you? And I apologize for not discussing it with you in advance. Karen Segalla: No problem. Chairman Teele: Your name and address for the record. Ms. Segalla: Karen Segalla, Biscayne Boule -- Ocean Lane Drive, Key Biscayne. Richard Haylor: Richard Haylor, Key Biscayne. Chairman Teele: It would really be good if you guys gave it over again and give your address where your business is. Ms. Segalla: Oh, OK. Mr. Haylor: Richard Haylor, SAX on the Beach, 1756 North Bayshore Drive. Chairman Teele: I would hate for the record to think we're giving -- supporting people in Key Biscayne. Mr. Haylor: So would I. Ms. Segalla: Sorry. Chairman Teele: You need to move over. That's what I'm saying. Ms. Segalla: (INAUDIBLE) upstairs. As a matter of fact, we have discussed with several people already possibly doing this music weekend in either the end of October, the beginning of November. And find that without your help or support and our friends, as well, we're not going 39 March 31, 2003 to be able to do it. So we have no objection at all to running the entire program through you before it goes -- it's implemented. And we appreciate what you've done to help us out so far. Chairman Teele: Thank you very much. Didn't one of these people say you wouldn't get anything from the government? I think I read that. Ms. Segalla: Yes. Yes, they did. I think you're familiar with that paper, too. Chairman Teele: Yeah. Make my day. All right. All those -- as amended, say "aye." The Board Members (Collectively): Aye. Chairman Teele: All opposed. The following resolution was introduced by Board Member Gonzalez, who moved for its adoption: CRA/SEOPW RESOLUTION NO. 03-25 A RESOLUTION OF THE BOARD OF THE OMNI COMMUNITY REDEVELOPMENT AGENCY (THE "OMNI CRA") AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER INTO A LOAN AGREEMENT WITH SAX ON THE BEACH ON TERMS AS PRESENTED IN EXHIBIT `A' WITH FUNDS TO BE PROVIDED FROM THE OMNI TAX INCREMENT TRUST FUND 686001.590320. (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: Chairman Arthur E. Teele, Jr. Board Member Angel Gonzalez Board Member Tomas Regalado NAYS: None ABSENT: Vice Chairman Johnny L. Winton Board Member Joe Sanchez Ms. Segalla: Thank you. Chairman Teele: Thank you. 40 March 31, 2003 13. RESOLUTION RESCINDING OMNI RESOLUTION R-03-14, ADOPTED FEBRUARY 24T ., '2003,,APPROVING A GRANT TO CLUB SPACE FOR 25% OF WASA IMPACT FEES ACTUALLY LEVIED,: APPROVING A LOAN FOR 18 MONTHS AT LIBOR RATE IN AN AMOUNT-'NOT`TO;EXCEED:.75% .OF :WASA IMPACT FEES ACTUALLY LEVIED, AND STIPULATING THAT TOTAL FOR BOTH GRANT AND LOAN NOT EXCEED A TOTAL OF $200;000: Chairman Teele: Item Number 12. Frank Rollason (Executive Director, CRA): All right. Item Number 12 and Item Number 13 are connected, and there's a little bit of a change. Number 12 can go just like it is. It rescinds the previous resolution that was passed on February 241h, because -- Board Member Gonzdlez: This is wrong. Chairman Teele: No, it didn't. Mr. Rollason: We know that it was wrong. It should have not have been the Omni. It should have been Southeast Overtown/Park West. Chairman Teele: In the future, Mr. Attorney, this should be treated as a scrivener's error, as opposed to just rescinding, because the only thing that was wrong was the budget code, I would think. Motion on Item Number 12. Board Member Gonzdlez: Moved. Chairman Teele: Is there a -- Board Member Regalado: Second. Chairman Teele: -- second? Board Member Regalado: Second. Chairman Teele: Is there objection? All in favor say "aye." The Board Members (Collectively): Aye. Chairman Teele: All opposed. 41 March 31, 2003 The following resolution was introduced by Board Member, Gonzalez, who moved for its adoption: CRA/OMNI RESOLUTION NO. 03-26 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OMNI COMMUNITY REDEVELOPMENT AGENCY (THE "OMNI CRA") RESCINDING OMNI RESOLUTION R-03-14, ADOPTED FEBRUARY 24T", 2003, APPROVING A GRANT TO CLUB SPACE FOR 25% OF THE WASA IMPACT FEES ACTUALLY LEVIED, APPROVING A LOAN FOR IS MONTHS AT THE LIBOR RATE IN AN AMOUNT NOT TO EXCEED 75% OF THE WASA IMPACT FEES ACTUALLY LEVIED, AND STIPULATING THAT THE TOTAL FOR BOTH THE GRANT AND LOAN NOT TO EXCEED A TOTAL OF $200,000. (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: Chairman Arthur E. Teele, Jr. Board Member Angel Gonzalez Board Member Tomas Regalado NAYS: None ABSENT: Vice Chairman Johnny L. Winton Board Member Joe Sanchez 42 March 31, 2003 14. AUTHORIZING THE EXECUTIVE DIRECTOR TO PROVIDE A GRANT TO CLUB SPACE FOR 25% OF WASA IMPACT FEES (NOT TO EXCEED $50,000.00) LEVIED BY MIAMI DADE COUNTY; FURTHER AUTHORIZING ISSUANCE OF AN 18-MONTH LOAN IN AN AMOUNT NOT TO EXCEED 75% OF REMAINING LEVY (NOT TO EXCEED $150,000.00) WHERE SAID LOAN WILL INCLUDE A PROVISION THAT WOULD .ALLOW CRA 'TO MAKE A.DEMAND ON SAME WITH THIRTY (30) DAYS NOTICE TO CLUB SPACE. Chairman Teele: Item 13, what are we doing? Frank Rollason (Executive Director, CRA): All right. Item 13, there's a change that I want to read into the record. Turns out that the original resolution authorized two hundred thousand dollars ($200,000) in a combination of a grant, not to exceed fifty thousand, and a hundred and fifty thousand dollar ($150,000) loan to reimburse Club Space for those costs that they had incurred with primarily the WASA (Water and Sewer Authority) impact fees. Turns out that not all of those fees have been paid at this time. Hence, what I would like to do is modify the resolution to where we go with a -- the fifty thousand dollar ($50,000) grant, which they have submitted paperwork to us that is in excess of eighty-seven thousand dollars ($87,000) that they have paid to WASA. The other outstandings that they have, they have not paid. And it would be my recommendation that, upon them paying those, that we return back to the board to request that we do it, rather than have this hanging out there with this liability. Chairman Teele: Let me tell you what I recommend you do. I would recommend that you direct pay WASA. I feel a lot more comfortable with government -to -government payments than payments to this. And this is the way we've done it in the past, as long as they agree to the loan - - to be a part of the loan. But the other thing that we've done is we've pretty much have stood in for the WASA payments completely. So why don't we defer the item? What would you like to do, Mr. -- Mr. Rollason: What I would like to do is approve the grant, because -- Chairman Teele: I thought that had already been done. Mr. Rollason: -- the -- but it was out of the Omni -- Chairman Teele: Oh, I follow what you're saying. Mr. Rollason: -- out of the wrong account. So if we approve this tonight with the fifty thousand, then we can come back and talk about how we structure -- with the City Attorney, how I structure something where I can pay WASA directly and have Space as a two-party or something of some sort to be responsible for the repayment of that loan. Board Member Gonzalez: What is that, an amendment? Chairman Teele: You'll be moving it, as amended, to approve the grant portion -- the fifty thousand dollars ($50,000). 43 March 31, 2003 0 9 Mr. Rollason: That is correct. Board Member Gonzdlez: Move 13, as amended. Chairman Teele: You have it, Jim? Is it straight with you? Board Member Regalado: Second. Chairman Teele: Second. I would like to make two observations, please, and I think it's very important for the record. If Eastward Ho and Urban Corps means anything, it means that the water and sewer infrastructure is already built out. Now, you know, we keep getting sandwiched by the County on these issues and we don't fight. The water and sewer fees are prohibited. They discourage investment. They serve as a disinvestment and I learned this very clearly from Mark Soyka, who's the owner of News Cafe and Vandykes, who also owns Soyka on 55`h and Biscayne, who said publicly, repeatedly, if he had known how much money Water and Sewer were going to hit him for, he would never have built Soyka. And if Soyka had not been built, Biscayne Boulevard, between 541h and 58`h, would not have been restored. He has driven the redevelopment of that area without any government money. And what he has said repeatedly is the most help government can do for any developer, if we did only one thing, from Mark Soyka's point of view, is that we could help developers with the water and sewer fees, and if we could fight or work with the County to get the County to discontinue these exorbitant fees. And they won't even give terms, apparently, in terms of this. And I'm glad Mr. Zuchelli is here because one of the things that we believe at the CRA (Community Redevelopment Agency) we can do that will make the redevelopment of Park West, Overtown, and even the Omni move faster is that we can go in and negotiate a master agreement with Water and Sewer, and bring all of the lines up to par so that developers coming in will at least have a head start and a jump on that. And that, of course, is the biggest challenge that we're confronted with. I don't know where we are on this, Mr. Director. I don't know where the consulting engineer -- but it seems to me that we should try to get a master agreement with Water and Sewer on our redevelopment area, and put in whatever the money -- so we're not doing it for this project and that project, because it looks like we're giving them something. The truth of the matter is, the Club Space Development probably represents close to four to five million dollars ($5,000,000) in redevelopment in that one location alone. So the fifty thousand dollars ($50,000) -- which we've said repeatedly we will help developers with their water and sewer bill impact fees as an incentive to get people to come in -- doesn't look like we're helping a particular, but an entire area. Mr. Rollason: Part of what you say is exactly right. We're really behind the curve, and we're playing catch up ball to try to reimburse them. We're not getting the benefit of being able to negotiate a better price for doing an overall plan. We have -- Chairman Teele: But, Frank, let me just say this. I don't want to break the code, but what they're doing is stealing, because they're charging two and three times -- and see, in the case of Club Space, they charged them for the old Club Space to increase the water line from Miami Avenue down, and they pay like two or three hundred thousand dollars ($300,000) for that. 44 March 31, 2003 Now, they build a new club one block up, but yet -- between Miami Avenue -- and they still hit them with 87. Mr. Rollason: Right. They've got to pay their piece now of the other line that they brought (INAUDIBLE). It's really quite (INAUDIBLE) Chairman Teele: Simple. So I mean, how many times can you pay for -the waterline? And I think we'll do the community a service if we could go in and negotiate for a comprehensive agreement on water and sewer in the redevelopment areas. And if nothing else, it gives the redevelopment area that much more of a reason for people to want to come there. Commissioner Gonzalez. Board Member Gonzalez: Yeah. And you're a hundred percent right. It's affecting every project that is going on in the City. (INAUDIBLE) Plaza 1, just to bring the expansion of the line from the west side of 17`h Avenue to the east side of 171h Avenue, and the impact fees -- the agency had got hit for about sixty thousand dollars ($60,000) and on an affordable housing homeownership project. Chairman Teele: It's unbelievable. Mr. Rollason: I hear what you're saying. I think our objective is to -- we're getting a plan from the County on what the upgrades have to be in the entire CRA area, both Omni and the Southeast Overtown/Park West. And then we're going to have to look at what is feasible within what our financial constraints are, and I would look to see that we could bring some of these mains down the main drags, and then, at least at that point, when the -- if the individual developer has to come off from that, they won't have the huge expense that they're facing now. Chairman Teele: But Frank, you're not hearing me. Mr. Rollason: I hear you. Chairman Teele: If the guy's already paid for it off the main drag, then why does he have to pay the next time when he moves a half a block up the street to where they brought the line down from? I mean, the numbers just don't make sense. Mr. Rollason: We'll be meeting with Bill Grant in the Water Department. We've had this meeting before with -- some of the Commissioners have participated with us before and we've had the meeting, and they steadfast right where they are. It's not -- doesn't seem to be much movement. We've also had Commissioner Jimmy Morales meet with us to help and it's a cash cow, I think, is the deal. Chairman Teele: Oh, they're upside down over at Water and Sewer because it's some other issues. So they're just fleecing everybody to try to make it work. In any event, we have a modified motion. It wasn't adopted, was it, Madam Clerk? No. All those in favor of Item Number 13 say "aye." 45 March 31, 2003 The Board Members (Collectively): Aye. The following resolution was introduced by Board Member Gonzalez, who moved for its adoption: CRA/SEOPW RESOLUTION NO. 03-23 A RESOLUTION OF THE BOARD OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (the SEOPW "CRA") AUTHORIZING THE EXECUTIVE DIRECTOR TO PROVIDE A GRANT TO CLUB SPACE FOR 25% OF THE WASA IMPACT FEES (NOT TO EXCEED $50,000.00) LEVIED BY MIAMI DADE COUNTY; FURTHER AUTHORIZING THE ISSUANCE OF AN 18-MONTH LOAN IN AN AMOUNT NOT TO EXCEED 75% OF THE REMAINING LEVY (NOT TO EXCEED $150,000.00) WHERE SAID LOAN WILL INCLUDE A PROVISION THAT WOULD ALLOW THE CRA TO MAKE A DEMAND ON SAME WITH THIRTY (30) DAYS NOTICE TO CLUB SPACE; FURTHER PROVIDING THAT THE TOTAL FUNDING MUST NOT EXCEED $200,000 FOR BOTH THE GRANT AND LOAN PACKAGE FROM SEOPW TIF PROJECT 689005.550012 ACCOUNT. (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: Chairman Arthur E. Teele, Jr. Board Member Angel Gonzalez Board Member Tomas Regalado NAYS: None ABSENT: Vice Chairman Johnny L. Winton Board Member Joe Sanchez 46 March 31, 2003 15. DEFER CONSIDERATION OF STATUS REPORT ON ATHALIE RANGE # 1 MINI PARK PROJECT. Chairman Teele: Item Number 14. Frank Rollason (Executive Director, CRA): All right. Fourteen, I would recommend that we defer. It was an item from Vice Chairman Winton, and I'd like him to be here when we discuss it. Chairman Teele: Without objection. Item Number 15. Board Member Gonzalez: Move to defer 14. Chairman Teele: Moved and seconded. Board Member Regalado: Second. Chairman Teele: Is there objection? All in favor say "aye." The Board Members (Collectively): Aye. The following motion was introduced by Board Member Gonzalez, who moved for its adoption: CRA/SEOPW MOTION NO. 03-24 A MOTION TO DEFER CONSIDERATION OF STATUS REPORT ON ATHALIE RANGE # 1 MINI PARK PROJECT. Upon being seconded by Board Member Regalado, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Board Member Angel Gonzalez Board Member Tomas Regalado NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Board Member Joe Sanchez 47 March 31, 2003 0 i 16. AUTHORIZE EXECUTIVE DIRECTOR TO EXECUTE CHANGE ORDER, $17,427.00, FOR. ADDITIONAL WORK ,REQUIRED. ON FENCE AT FREDERICK DOUGLAS ELEMENTARY;:S,CHOOL; AUTHORIZE EXECUTIVE DIRECTOR TO EXECUTE TWO - .PARTY CHECK.TO EFFECTIVE IRONWORKS, INC. AND'TLMC ENTERPRISES, INC. Frank Rollason (Executive Director, CRA): All right. Fifteen is an issue whereby we're trying to right a wrong that's been going on for some time with a subcontractor that did the work for the Frederick Douglas -- Douglas Frederick fence, and this will be a change order -- Board Member Gonzalez: Move Item 15. Board Member Regalado: Second. Mr. Rollason: -- that has been allowed to go forward and for this contractor to be (INAUDIBLE) Chairman Teele: Move and second by Commissioner Regalado. Is there objection? All in favor say "aye." The Board Members (Collectively): Aye. The following resolution was introduced by Board Member Gonzalez, who moved for its adoption: CRA/SEOPW RESOLUTION NO. 03-25 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (THE SEOPW "CRA") AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A CHANGE ORDER IN THE AMOUNT OF $17,427.00 FOR ADDITIONAL WORK REQUIRED ON THE FENCE AT FREDERICK DOUGLAS ELEMENTARY SCHOOL; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A TWO-PARTY CHECK TO EFFECTIVE IRONWORKS, INC. AND TLMC ENTERPRISES, INC. PROVIDED THAT THE CRA RECEIVE A FINAL RELEASE FROM EFFECTIVE IRONWORKS. 48 March 31, 2003 (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: Chairman Arthur E. Teele, Jr. Board Member Angel Gonzdlez Board Member Tomas Regalado NAYS: None ABSENT: Vice Chairman Johnny L. Winton Board Member Joe Sanchez 49 March 31, 2003 0 0 17. DIRECT EXECUTIVE DIRECTOR TO INITIATE DISCUSSIONS WITH CITY POLICE CHIEF -OR DESIGNEE TO DEVELOP AND IMPLEMENT INITIATIVES FOR SEOPW REDEVELOPMENT . AREA FOR INCREASED SECURITY PATROLS AND DIRECT EXECUTIVE DIRECTOR TO WORK WITH CHIEF OF POLICE TO ENHANCE SECURITY THROUGH INNOVATIVE POLICE INITIATIVES ADDRESSING HOMELESS ISSUES AFFECTING BUSINESSES WITHIN-PARK:WEST ENTERTAR- MENT DISTRICT FOR 90 DAYS COMMENCING'M D-MARCH,20.03, WITH° -FUNDS TO.BE PROVIDED BY CRA, $50,000.00,!FROM SEOPW TIF FUND. -(See #19). Chairman Teele: Item Number 16. I seethe new commander --new major. Major, Commissioner Gonzalez and I have two questions. Major Craig McQueen: Yes, sir. Chairman Teele: You all have been doing this pilot program on the homeless, and I think you've done a very good job of getting some movement of homeless in a sensitive and a responsible way. But the problem that I have is this: All you've done is sort of like moved dust around on a floor. You've just moved and you've not dealt with the problem very well now. The homeless, right now, are all over the 9th Street Mall. I don't know if you drove by there, but when I came in, it looked like the National Annual Homeless -- Major McQueen: Shelter. Chairman Teele: -- Festival. I mean, there were at least 40 to 50 homeless right there. Not only that, they're being -- they're moving underneath I -- 39 -- underneath 95, between 10`h Street and 11 th Street. And worse than all of that, they're moving in my district -- Board Member Gonzalez: Not in my district. Chairman Teele: -- along Northwest 7th Avenue, between 201h Street and 17th Street. And honestly,, I realize that Commissioner Gonzalez and I have certain points of agreement and disagreement about my district, even though he keeps claiming it as his district. It is within his sphere of influence for sure. But the homeless are beginning to show up particularly along the west side of Northwest 7th Avenue, and I don't know if that's just coincidence or happenstance, but that action -- whatever is driving that -- will do a tremendous disservice to any efforts to get an intelligent and honest discussion on any type of relocation of the Camillus House, and that's not what this is about. But what we're both going to be saying is, we've got to deal with the homeless a little bit differently from just moving them two blocks from Miami Avenue over to Northwest 2nd Avenue, and Northwest 3rd Avenue, and Northwest 71h Avenue. We need to get them into facilities and we need to get them the kind of medical attention. I had to pay for some medicine the other night. Somebody said that they didn't get their medicine. So how are we doing it and what are we doing? Before you say anything -- Major McQueen: OK. Chairman Teele: -- let me let Commissioner Gonzalez give you what his concerns are. 50 March 31, 2003 Board Member Gonzalez: Good evening, Major. Major McQueen: Good evening, sir. Board Member Gonzalez: Are you the major of central? Major McQueen: Yes, I am. Board Member Gonzalez: So you cover Allapattah also, right? Major McQueen: Allapattah, downtown, Wynwood, and (INAUDIBLE). Board Member Gonzalez: Well, let me tell you, it's a pleasure to meet you. It's very unfortunate that we have seen the practice in this City that we appoint or people get appointed to positions or get promoted to positions and they are never introduced to us, the elected officials. Chairman Teele: I couldn't agree with you more. Board Member Gonzalez: In my case, I'll tell you what happened, and I say this because it was an incident. I had a problem in Allapattah and I told one person, let's go Major Cadavid, who was the NET (Neighborhood Enhancement Team) Commander and got promoted to Major. So I thought that Cadavid was my major in Allapattah. Well, surprisingly enough, I was told no, Cadavid isn't your major. Who's my major? I don't know. So, tonight I'm finding out who's the major for my district, which I -- and I'm -- this has no reflection on you, sir, but it does have reflection -- and I'm saying directly to the administration of this Police Department. I'm a City - elected official to represent District 1, and I believe the department should have the courtesy of at least introduce me to my officers or to the people who are in command, so when I have an emergency or I have an issue I know where to turn to, or who to call, or who to contact. In reference to the homeless situation, I have the same concern that Commissioner Teele has, but let me tell you, Commissioner. We can't blame the police. Because I asked, from our City Attorney, the agreement or the settlement that the City of Miami did many years ago with the homeless attorneys, and at that settlement, our police officers got their hands tied up and almost their mouth wrapped with tape. And if you read that settlement, it's very unfortunate. It's very disappointing that we can have a lot of sentiment for the homeless and we can feel sorry about them, and we can try to help them, but we also have to- think about the people that are not homeless, the people that pay taxes, the people that get up and go to work everyday at five o'clock in the morning, the people that raise their family, the people that pay every fees and every dues and every license and every tax and everything that we impose on them, and they're not homeless. And that agreement that was signed between the City of Miami and the attorneys at that time actually had no respect and no regard and no consideration at all for the people that are not homeless. So I cannot blame the officers. I mean, in some instances, they can't even ask questions from these ladies and gentlemen. So the problem rely on us. What are we going to do about it? And I've been saying it and I said it over and over and over again. It's not a matter of taking them from downtown and putting them in Allapattah, or in West Little Havana, or in East Little Havana, because the problem is going to remain in the City of Miami and it's going to be 51 March 31, 2003 just moving and shifting it from one place to another place. It's our responsibility, as the elected officials of this City, to sit down with other governments of the County and the state and find a permanent, definite solution. A solution that provides assistance to these people that need assistance, but also that gives respect, the consideration and what the people that work and that owns a business, and that pay rent or mortgages and taxes have. And I don't know how much maybe you can do about the situation. I know there isn't much you can do. It's very frustrating. It's very disappointing, but I don't know. If you have any ideas, just -- Major McQueen: Yes, I do have some ideas. First of all, let me apologize. Board Member Regalado: Excuse me. Major McQueen: I'm a -- I'm sorry. Go ahead. Board Member Regalado: I have -- Chairman Teele: (INAUDIBLE). Board Member Regalado: I have a question that I first wanted to listen to you because, first of all, the reason that we don't know that this major was the major in your area, I think it goes back to the Chief of Police. I heard the Chief on the Spanish radio station saying that he does not report to City Commission -- Major McQueen: Well, I -- Board Member Regalado: -- but he only reports to the Mayor -- Major McQueen: Well, I heard that and I (INAUDIBLE) Board Member Regalado: To the Mayor and to the Manager. Board Member Gonzdlez: Right. Board Member Regalado: Second, on that same program, the Chief of Police said that they had already in place a comprehensive policy for homeless, which I hope that you will tell us today. There is a -- there was an instance, for instance, Reverend Gabriel (INAUDIBLE) from St. Jude Church. He was accosted by six police officers while he was in downtown with his mother feeding the homeless, and the police officer who radioed for help told him that there was a new policy of not feeding the homeless in downtown Miami. So I don't know about that policy. Nobody has ever bothered to even send it in writing to my office, because I read everything. But I don't know if that is true. I don't know if the Chief was just saying what he thought it would be the best thing, or if he really has a policy in place, because he did say they had a policy in place. So what's the policy? Major McQueen: OK. 52 March 31, 2003 Chairman Teele: Before you answer, and give your name, I want to remind the board that we're here tonight as the CRA Board, not the City of Miami Commission. And I think it's very important that we don't put this young major, who barely just got to be made major, in a position where he's speaking for the Chief tonight. I don't even know if he knows the Chief. Major McQueen: Yes, I do. Chairman Teele: You do know the Chief? Major McQueen: Yes. Chairman Teele: All right. Good luck. But I'm saying it jokingly. Did you make it -- did they - - you were a captain, right? Major McQueen: Yes. I've gone through all of the ranks, sir. Chairman Teele: And I think -- you know, the one thing that I want to say is this: This particular officer, unlike 99 percent of the police officers in any department in the United States, has gone from the rank of patrolman to as high as you can go as a police officer, which is captain. And even though he appears to be young, he's been with the department some years. I guess, 20, 2 1 ? Major McQueen: Twenty-two years, sir. Chairman Teele: Twenty-two years. But the thing noteworthy is that you don't run across many people who make the rank of captain. The captain is the highest career rank you can get. I happen to know Commander McQueen -- Major McQueen from the time when he was a commander, and the one thing that I could say, he worked in the northeast area and there was many people pitting him up, of both sexes, who had his (INAUDIBLE). That's sort of the joke that he has to bear, that he's the pin-up for everyone. But I was surprised to learn that he had been made a major. I have never been introduced to him as a major, and I share the concerns that you have, Commissioner Gonzalez. I share that concern about the same thing that happened as it related to a board, where the people had just been all terminated, et cetera. But I do think the time to deal with that is in the City Commission meeting, and we ask the Chief to come and explain. Tonight the item is to approve, I guess, the Executive Director's program that we asked him to initiate to increase the patrols, and I do want to bring into focus one of the issues that the Chief said, since he said it, to the Executive Director, and we do need to discuss that. So, Major, congratulations and please identify yourself and state what you'd like to. Major McQueen: Thank you. I'm Major Craig McQueen. I'm the new major for the central district. I am a 22-year veteran of the Miami Police Department. And again, as Commissioner Teele so eloquently stated, I have had the wonderful opportunity to go throughout the ranks. Let me apologize to you, Commissioner Gonzalez. I don't know why there was no formal introduction of you to me or vice versa, me to you, in that manner. And I surely think that even though the promotional ceremony was held at City Hall, I have seen you -- I've been around with you and Commissioner Regalado. I've actually met him in the middle of the street on 571h 53 March 31, 2003 Avenue many of times. So I've been around. So, let me apologize for that issue. Regarding the homeless, again, once we initially identified the Park West as a location to start a pilot program, we, knew the immediate fit would be displacement, because where there is increased police activity, you will have elements run from that area. Of course, they always seem to run to the safest environment or what they appear to be safe. Even before this meeting happened -- and we just did a tour last Friday with Mr. Rollason throughout the area -- we had a meeting with the City Manager and I requested several things. Number one, the City used to have a real proactive street cleaning process, where at a certain time at night, you can always look on your watch and tell when the street cleaners are coming down the street. And again, that goes back from my years of being here. And we notice that in these areas where homeless were gathering, the Buena Vista (INAUDIBLE) most deplorable areas there are, because there was no cleaning, nothing going on. So we immediately requested, not only to do this at night, but we wanted to see this done during the daytime, because you're not going to lay on a wet sidewalk. You're not going to lay on a sidewalk that's being pressure cleaned. You're not going to lay in the middle of the street as those street cleaners are coming down. So this is one of the things that we knew would happen. Secondly, as the -- as you already referred to as the (INAUDIBLE). One of the biggest problems we have in the City of Miami is that the jails are here. Homeless get arrested in Homestead, they're brought to our jails. They're not transported back to Homestead when they're finished. They begin to walk the streets. And we all know that 141h Street is the main thoroughfare. They leave the jail and they start walking east. And they go to either the HAC (Homeless Assistance Center) or any other facility that's going to feed them. They're all getting information regarding to the homeless mission. So naturally, these folks gravitate from the jail over to Overtown. And unfortunately, this is something that we, as a police department, are trying to fight. Homestead Police Department pass two jailing facilities before they come down to 141h Street. Why are they bringing them here? And this is another issue that we're arguing about. And again, this goes from Homestead Police Department to Aventura. They bring people here. And we would like to get that changed, to take them out to TGK (Turner Guilford Knight), which is 361h Street, or even out to Metro West, and that's another issue we're looking at. Secondly, the feeding is a problem, because not only is that group feeding them, but there are tons of people that feed the homeless. And we're not saying don't. feed the homeless, but again, if you do it on a constant basis, guess what happens? The people gravitate to that area, and they will just stay there waiting on their free meals. We don't have a facility in between jail and the mission, and that's one of the things that the City needs. We need a place where they can go to during the daytime, an open facility where they can get medical treatment, where it could be a patio area, but they would be mandated that if you don't go, the other alternative is jail. And one of the things that I am looking at is that there are certain communities, including one in Florida, that they have areas or districts where there are restaurants and different clubs that it's prohibited to do any panhandling and it's posted by signs. And this is something that we're looking into, trying to bring, not only in that area -- that's a part of it -- but in other areas. In particularly, downtown and any place where we have our restaurants. So we are looking into those areas. Now, regarding the Chief s plan. The Chief is going to reveal his Homeless Plan, and I think he's going to do that real soon, so I would like to yield that to him because that is his plan. But so far as feeding downtown, we don't have a plan in place where someone can't feed downtown. We try to discourage it because if not, those guys and those young ladies that are homeless will gravitate to Flagler Street and wait for that feeding, similar to what they're doing on the other side of Biscayne Boulevard near the church, where they know, at certain times, they can be fed. 54 March 31, 2003 0 0 As I have been touring the area and re -familiarizing myself with central district, this is one of the problems that is a problem. It is the homeless. And part of that problem is the location of the jail. And also, if you notice -- and I'm sure you all know with all of the construction and the happenings underneath the expressways where these people normally sleep, guess what happens? They're gone. Because while they're painting underneath 141h Street, they can't lay there. So guess what? They go to another safe place. I'm asking that all of the -- underneath the expressways be fenced with a federal approved fence. Guess what? You can't climb it and you can't easily cut it. Again, that's displacement, but we'll get them away from that eyesore. And that's what we're going to have to do block by block, area by area. And as long as we are under the (INAUDIBLE) settlement, yes, we're restricted in certain ways, and one that that thing states is that it is not a crime to be homeless, and this is the problem that we have. Unless these individuals are doing something of a criminal nature, the crime part is taken away. And the second part is, we have no place to put them if the HAC gets full. I am putting together a tour with members from our department, Mr. Rollason, members from the court system, because we do have judge who says that he would not hold a homeless person for more than one hour. And again, we have several of those folks who have been arrested for three and four many times and so this is one of those things that really hurts us. So what I'm going to do, I'm going to put them all on a bus and we're going to go in these areas and say, "Look, you don't live here and you don't see the problems that this homelessness is creating for the citizens who live here, so we need your help." I would love to see -- and this is what I'm willing to push for -- that all homeless individuals have been arrested by our officers are taken out to Metro West or to TGK, which is 36`h Street and 72nd Avenue, at least for those three or four hours. And by the time it takes that person to get back, the community gets some type of reprieve from that. So, yes, it is a serious issue. Yes, it's not just a police issue. It's everyone's concern and we really need to work together on this. And again, I will love to -- and again, once I set that bus tour, I'm going to invite all of you to join in, and you can help us convince these judges that a person who shouldn't have been arrested 700 times and be able to walk out. Now, I get arrested once and that's it. We're going to need a lawyer to get out. Thank you. Board Member Gonzalez: Thank you. Chairman Teele: Thank you very much, sir. Mr. Joseph. Board Member Regalado: So what's the plan with the security -- private security for the Omni area. Mr. Rollason: It would probably be better if I speak to that. What we did was, with the -- this was on the agenda at the last board meeting, and was asked to be deferred by Board Member Sanchez to come back today. In the meantime, it came before the City Commission, with direction to the Police Chief to implement this program to be timely with the music fest that was going on at -- Chairman Teele: Winter Fest. Mr. Rollason: -- Winter Fest in the entertainment district. So they started a program in the street about March 17`h. March 16`h it kicked off. I met with Commander Reid and Chief Frank 55 March 31, 2003 Fernandez, who's the new Deputy Police Chief, to work out the program. The idea of bringing in the private security, they were adamantly opposed to and, therefore, the motion gave both options to either private security or with police officers. They've put together a program that will last for 90 days, using their police officers. It starts off very massive at the beginning with manpower and hours, and tapers off as they get towards the end of the 90 days, being that they feel they will be successful. It has also been flexible when some of the issues have been brought to my attention by the Chairman of where some individuals have just been shifted from one spot to another. We have gotten together and modified where the emphasis would be placed, which, in turn, helps the entertainment district, as well as the 91' Street Mall, et cetera. So the program is going on nightly. It is -- I can tell you it's relentless. I can tell you from the stats that I am receiving from the Police Department that far more people are being placed in the HAC than are being arrested. They are placing people in the HAC. They are finding beds available. They are getting help from the HAC. The HAC is on board -- Major McQueen: Yes. Mr. Rollason: -- as well as Camillus House has been on board with this program. Beds have been opened somehow that previously weren't opened before, and they've been able to place quite a few. In fact, the ones that have not been placed are the ones usually that do not want to participate in continuing care, or have been in the HAC previously and have been problematic, disruptive, that type of thing. Which another side of the coin, which we had not even talked about tonight, is the high percentage of mental illness that we have out there, and what's been turned loose in the streets of Florida and now has been left to dealt with individuals that do not even have the capacity to recognize that they are having a problem or that they need help. And so, you're dealing with a large population of mental illness, and that is why one of the judges who sits on the Homeless Trust is so much opposed to incarcerating these people, because he recognizes the problem that they're facing is that they don't belong in jail either. So it's a problem. And this 90-day pilot program -- and we went the other day, we took a ride. Major McQueen: Just driving. Mr. Rollason: We went through the whole community. Board Member Regalado: Frank, the fifty thousand dollars ($50,000) is for 90 days? Mr. Rollason: That is correct. Major McQueen: Yes. Mr. Rollason: But it's a pilot program. And what I told -- what my views to the Deputy Chief when he asked me at the meeting what did I see happening, I said to him that the whole idea of this is a pilot program. If it works, if you're successful in this 90-day period, what we would like to see from the CRA perspective is that this be budgeted in the budget for the upcoming budget for the Police Department to replicate these programs and continue them. And if it's a good pilot program, it should be able to work in other parts of the City, and we would look for it to be a true pilot program and not just die because our fifty thousand dollars ($50,000) ran out. It should be 56 March 31, 2003 something that if the area doesn't develop as they go.during this period of time and then come back to the Police Chief and say, "Hey; we got a grant from the CRA. We had developed this modality of going forward with the program. It's adaptable to the rest of the City, and it's going to cost "X" to put into our regular general fund budget to continue this." Now, how this meshes with the Police Chief s program, I have not been privy to see that as -- you know, he told me, too, that he was developing a program. I don't know what that program is, whether these two dovetail or do not. But our intent, by giving this grant and making it an innovative program -- which they assured me that it is. It's different methods that they've never used before. It is being successful. The problem that it's localized and that's why some of you are getting the fallout from the rest of the areas of the City. Major McQueen: That displacement -- we anticipated that when we started the 90-day program. And again, we need to give the HAC credit because they did open up spaces for us when they realized we were coming, and they tried to make -- to save spaces for us. We did also bring on Camillus House, as Mr. Rollason stated. And again, that first wave of displacement, we anticipated that happening, because of the heavy activity of the police presence, including the undercover operations, where we arrested the (INAUDIBLE) for selling parking spaces and saying that I'll watch your car for you for a certain amount of money to ensure that you don't get a flat tire coming out of the club. So these are some of the things that we had to address, and we're addressing those at the first stage. And again, how discouraging it has to be if you go to a night club to try to park and someone says, "I'll watch your car; otherwise, you're going to have four flat tires." So we're addressing that issue. Board Member Regalado: Mr. Chairman, my question is: We deal with the (INAUDIBLE) in September. This program and this money runs out June. Mr. Rollason: That is correct. It's 90 days. Board Member Regalado: So, suppose 'it's successful. Then what happens between June and October in the Omni area, CRA Park West? Mr. Rollason: I -- Commissioner, I don't have an answer. I don't have an answer for that. We're limited on how long we can fund something under -- as an innovative program. Chairman Teele: (INAUDIBLE). The state law that governs the CRA, which is Chapter 163, specifically says you may not spend CRA dollars to carry out basic governmental functions, in so many words. Specifically, you may not use CRA dollars to pay for police. However, it specifically says -- in the case of innovation -- and I think the City Attorney, special counsel, Jim Villacorta, has captured it very well -- that for innovative programs, you may use dollars. So this is a program that has been put together. It is not a part of, just what you said, the General Police budget. It's an innovative. It's sort of like using the Law Enforcement Trust Fund -- Mr. Rollason: Yes. Board Member Gonzalez: That's what I was (INAUDIBLE) 57 March 31, 2003 Chairman Teele: -- to go after a special project, and once the project is over, you either have to adopt it as a part of your budget or you have to come back with a different type of innovation. But the one thing to remember, I think, is this: In every case, when we have listened to the public, starting with Big Time Studios to the businesses in Overtown, business in Park West, the number one thing that everybody talks about is lighting, and police and security. And candidly, what we're dealing with here =- and I want to put it on the record so that nobody is misled. We have done this type of program two or three times. We did an innovative program like this when we had a lot of people here -- what was that film, Hilda? Hilda Tejera: That was Fast and Furious. Chairman Teele: The Fast and Furious, where you got all of these people coming in. You've got the media coming in, and they can't even get to the location because of the homeless. In the case of this particular past month, we had radio disc jockeys, radio personalities from all over the world -- in fact, the biggest in Europe and England and Germany -- were all here. And one of the things that the business owners came to us and said is to give us some relief. At the same time, we had the first case of an armed or an aggravated panhandler, and what happened was a homeless person approached a couple around four or five in the morning for money. They had been having a nice time. They told the gentleman where to go and how to get there apparently. And as they turned the corner, he turned the corner with them, broke a glass and told them to strip. And made both of them strip down to their bare essentials, and took their clothes off and walked away. And that's the kind of aggressiveness that's beginning to escalate and the homeless in the Park West area have pretty much coexisted with the club people. I mean, there's a lot of panhandling and "I'll protect your car and make sure you don't leave with four flat tires" kind of thing, but it's more of a humorous back and forth than serious. But as the clubs have gotten bigger and bigger, and the dollars have gotten bigger and bigger, the panhandling is sort of drawing people from all over the community to come panhandle and it's, candidly, out of control. In listening to the club owners, we thought -- and working with the Police Chief -- that we need to reestablish the fact that we're not going to allow the kind of conduct that was beginning to escalate, and to reestablish a sort of a rule of law. Candidly and clearly as the Major said, it is not a crime to be homeless, and we're to respect the rights of homeless, but we can prevent them from panhandling. Major McQueen: Yes. Chairman Teele: Is that correct? Major McQueen: Yes, especially those aggressive panhandlers. Just to add to your story, we had one that decided that he wanted to hang on to a car and, at that very moment, we had two police officers underneath 395 and they drove him right on top to the police officers while he was hanging on top of the car. So we're able to charge him with a little bit more of an aggressive crime, which was actually the robbery charge. And so, we hope he won't be out for a while, but we have seen some signs of aggression from some of them. And again, we anticipated some of this when we started the program because we are going undercover. We are doing different types. We are sending females in there and letting them park and see what happens, and we're doing that. And again, it's going to be successful, but we need that displacement because a 58 March 31, 2003 0 person who really don't want any contact with the police is going to just start walking away. And again, we saw that the other day when we were out with Mr. Rollason doing the ride through. And we're going to address those issues also. Chairman Teele: I bring you back to the study -- the economic study that we sort of cut a little short. And again, I want to apologize to you, Mr. Zuchelli. But one of the things that we've identified very clearly is a club district. And if we're going to have a successful club district, we really have to provide a different level of protection to the people who are coming, because these people are very fickle. Major McQueen: Yes. Chairman Teele: They'll up and leave in a moment and we don't want to give them that reason to leave. And so, we want to protect the investment and the jobs. And I should also note that at least two of the club owners have aggressively been hiring from within the Overtown area. I don't know how that's working out, but it is two clubs just opened and they did hire a substantial number. So the motion before us is 16-B, is that right? Board Member Gonzdlez: Sixteen. Mr. Rollason: Yes, sir. You have 16. They are -- Chairman Teele: A and B. Mr. Rollason: Right, because there is -- Chairman Teele: And I think we should not take up "A" at this time, out of deference to the Police Chief, who has some strong feelings apparently. Board Member Regalado: Mr. Chairman, in 15 minutes I have to leave. Chairman Teele: All right. Well, in 10 minutes, let's all leave. Did you move 16-B? Board Member Regalado: I will. Board Member Gonzdlez: Move 16-B. Board Member Regalado: Second. Chairman Teele: Moved and seconded. The only question, Jim, is that the money seems to be coming out of Southeast Overtown/Park West. The resolution relating to Omni doesn't have any money in it, and I would hope -- Mr. Rollason: That is correct. That is correct, Mr. Chairman, because the direction that we received was specifically to put some money into the -- 59 March 31, 2003 Chairman Teele: Well -- Mr. Rollason: -- as far as the pilot program, was the entertainment district. Now, the other two areas, the rest of Southeast Overtown/Park West and the Omni, are being addressed in the plan that is being done, but the officers are being hired at this point. And again, we have adjusted that depending upon where the influx has been, but it is primarily entertainment district. Chairman Teele: On the motion, all in favor say "aye." The Board Members (Collectively): Aye. Chairman Teele: All opposed. The following resolution was introduced by Board Member Gonzdlez, who moved for its adoption: CRA/SEOPW RESOLUTION NO. 03-26 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (THE "CRA") DIRECTING THE EXECUTIVE DIRECTOR TO INITIATE DISCUSSIONS WITH THE CITY OF MIAMI POLICE CHIEF OR HIS DESIGNEE TO DEVELOP AND IMPLEMENT INITIATIVES FOR THE SEOPW REDEVELOPMENT AREA FOR INCREASED SECURITY PATROLS EITHER THROUGH POLICE OFFICERS OR VIA PRIVATE SECURITY SERVICE UNDER THE DIRECTION OF THE CITY OF MIAMI POLICE DEPARTMENT AND FURTHER DIRECTING THE EXECUTIVE DIRECTOR TO WORK WITH THE CHIEF OF POLICE TO ENHANCE SECURITY THROUGH INNOVATIVE POLICE INITIATIVES ADDRESSING THE HOMELESS ISSUES AFFECTING THE BUSINESSES WITHIN THE PARK WEST ENTERTAINMENT DISTRICT UTILIZING EITHER CITY OF MIAMI POLICE OR A PRIVATE SECURITY SERVICE UNDER THE DIRECTION OF THE CITY OF MIAMI POLICE DEPARTMENT FOR A PERIOD NOT TO EXCEED 90 DAYS COMMENCING IN MID -MARCH 2003, WITH FUNDS TO BE PROVIDED BY THE CRA IN AN AMOUNT NOT TO EXCEED $50,000.00 FROM THE SEOPW TIF FUND 689001.550108. 60 March 31, 2003 (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: Chairman Arthur E. Teele, Jr. Board Member Angel Gonzdlez Board Member Tomas Regalado NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Board Member Joe Sanchez Chairman Teele: Item 17. Major, would you just make sure that the Chief knows, because apparently he's not laboring under the impression that armed security guards should not be in his City -- I think is the quote. "In his City." Would you make sure that he knows that there are armed security guards all over his City, that at every Metrorail station and at every Metrorail stop, there are armed security guards, Wackenhut, in particular? Board Member Gonzdlez: They're also in stores. Chairman Teele: As well as stores. But I'm just saying there are governmentally contracted armed security guards, as well as in all of the federal courthouses and all of the other federal -- and I just think before some misinformation gets out there, someone ought to make sure that he's aware. Because particularly, the Omni, it's sort of ludicrous to say, "I don't want armed securities guards patrolling the Margaret Pace Park," and a block away, you've got armed security guards patrolling the Metro center bus station. So we need to make sure that the facts get to the Chief. 61 March 31, 2003 18. APPROVE NINE MONTH PILOT PROGRAM -FOR SEED FUNDING TO BE MADE AVAILABLE TO GREATER MIAMI VISITOR AND CONVENTIONS BUREAU AND ANY HOTEL, . $50,-000,::°FROM. OMNI TIF TRUST. FUND .ACCOUNT, FOR MISCELLANEOUS EXPENSES RELATED TO EVENTS CATERING TO DIGNITARIES, CONSULATES, FREE TRADE" ." AREA `- -`'OF` :THE , -AMERICAS (FTAA) OFFICIALS, CONVENTIONS, CONFERENCES'AND MEETINGS UTILIZING MARGARET PACE PARK. Chairman Teele: All right. Item Number 17. Was there any comments from the public on 17? If not, is there a motion? Board Member Regalado: Move it. Board Member Gonzdlez: Second. Chairman Teele: Moved. Would you amend it to say the Miami Visitor's Convention Bureau and any hotel in the City of Miami, and to delete the reference to those three, because several other people have called in to voice complaint. We shouldn't care who uses the park. What we are looking for -- Board Member Gonzdlez: (INAUDIBLE) Chairman Teele: -- are the varied uses, and we would like to see that park in brochures all over the world, showing what a beautiful park can be, municipal park. Would you accept that -- Board Member Regalado: As amended. Chairman Teele: -- as amended? Board Member Regalado: As amended. Board Member Gonzdlez: Second, as amended. Chairman Teele: All right. Board Member Regalado: By the way, Mr. Chairman, the governor appointed today Jorge (INAUDIBLE) as the Executive Director of FTAA (Free Trade Area of the Americas). He was with the Wayne Heisinger organization. Chairman Teele: And he's a wonderful human being, and I think -- Board Member Regalado: He is. Chairman Teele: -- he'll be a great asset to the community. Mr. Joseph. Fred Joseph: Mr. Chairman, Fred Joseph, president, Omni Advisory Board. I spoke to Mr. Rollason in regards to this item, but we also want to reserve also the ability to sit with him on 62 March 31, 2003 guidelines, times and such so that the neighborhood is aware of what's happening and can have an input. They do live right adjacent to this facility. Chairman Teele: All right. Thank you, and we'll make sure that that happens. All right. But I would assume that the park is open everyday until -- what's the closing time of that park? Board Member Gonzalez: Sundown. Chairman Teele: No, not a sundown. This is -- Unidentified Speaker: We haven't established it yet. Chairman Teele: Yeah. That's the next item that's coming up. OK. All those in favor say aye. The Board Members (Collectively): Aye. Chairman Teele: All opposed say "no." The following resolution was introduced by Board Member Regalado, who moved for its adoption: CRA/OMNI RESOLUTION NO. 03-27 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OMNI COMMUNITY REDEVELOPMENT AGENCY (THE OMNI "CRA") APPROVING A NINE (9) MONTH PILOT PROGRAM FOR SEED FUNDING TO BE MADE AVAILABLE TO THE GREATER MIAMI VISITOR AND CONVENTIONS BUREAU AND ANY HOTEL, IN A TOTAL AMOUNT NOT TO EXCEED $50,000 FROM THE OMNI TIF TRUST FUND ACCOUNT NUMBER 686001.590320, FOR MISCELLANEOUS EXPENSES RELATED TO EVENTS CATERING TO DIGNITARIES, CONSULATES, FREE TRADE AREA OF THE AMERICAS (FTAA) OFFICIALS, CONVENTIONS, CONFERENCES AND MEETINGS UTILIZING MARGARET PACE PARK. 63 March 31, 2003 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Board Member Angel Gonzalez Board Member Tomas Regalado NAYS: None ABSENT: Vice Chairman Johnny L. Winton Board Member Joe Sanchez 64 March 31, 2003 19. CLARIFICATION BY EXECUTIVE DIRECTOR REGARDING RESOLUTION REGARDING ~.:::INCREASED SECURITYPATROLS WITHIN PARK WEST ENTERTAINMENT DISTRICT (See #17). - Chairman Teele: OK. The next item, Mr. Director, is the pilot program to provide the City -- Mr. Rollason: Yes, sir. We seem to have something we need to clear up going back to the pilot program on the police. There were two resolutions that were in your packet. One dealt with the Southeast Overtown/Park West, which included the money, and the other one dealt with security in general, dealing with. the Omni area, which did not have any money attached to it. When you talked about passing `B," I would assume that you're talking about the memo that had an "A" and a "B" in it, and the "B" talked about the money portion. Chairman Teele: Yeah. Mr. Rollason: So what we're saying that we passed tonight is the reso dealing with Southeast Overtown/Park West. Chairman Teele: Southeast Overtown/Park West, Item B. "A" made reference to the armed security guards. Mr. Rollason: Correct. Chairman Teele: And "B" made reference to using the pilot program -- Mr. Rollason: That is correct. Chairman Teele: -- both in the Southeast Overtown and in the Omni. Mr. Rollason: That is correct. Chairman Teele: One had the money and one didn't. Mr. Rollason: Right. The one with the money is the one that we passed. Chairman Teele: All right. I thought we passed both. OK. Unidentified Speaker: No. 65 March 31, 2003 0 • 20. AUTHORIZE CRA TO ENTER .INTO PURCHASE AGREEMENT WITH JEJ PROPERTIES, � INC., SOLE RESPONSIVE RESPONSIBLE BIDDER TO INVITATION TO BID .FOR SALE OF .PROPERTY' LOCATED AT '936 N.W:.3 AVENUE (P-5) AND AUTHORIZE_ .CRA TO .PROVIDE:YURCHASE MONEY -FINANCING, $41,600.00 AND DIRECT.CRA:AND HOLLAND: & KNIGHT TO PROVIDE TECHNICAL ASSISTANCE TO JEJ WITHI:.- RESPECT"' TO: REPLATTING.::'OF:, PROPERTY AND UNITY OF TITLE AGREEMENTS -REQUIRED..'.. AUTHORIZE EXECUTIVE.DIRECTORTO WORK WITH CITY DEPARTMENTS OF PUBLIC WORKS AND PLANNING; CONSULTANT ENGINEER AND EXPEND $20,000 TO PREPARE APPROPRIATE .DOCUMENTS, :INCLUDING SURVEY AND PLAT, ASSOCIATED WITH -CONVEYANCE OF EASEMENT BEHIND 'LYRIC THEATER TO BLACK ARCHIVES: AUTHORIZE EXECUTIVE "DIRECTOR TO .IDENTIFY APPROPRIATE SOURCE TO PAY 50% OF SETTLEMENT. WITH ST. JOHN CDC FOR EXPENSES THAT CANNOT BE PAID FROM HOMETUNDSAND THAT. CRA REQUEST OF CITY RISK MANAGEMENT DEPARTMENT OR SOMEOTHER APPROPRIATE SOURCE FOR REMAD41NG 50%. Chairman Teele: Item number -- we're going to have to get out of here now. Item Number 18. Board Member Regalado: Mr. Chairman, can we do the Black Archives? Chairman Teele: We've done it. Frank Rollason (Executive Director, CRA): We did that one. Board Member Regalado: No. It's -- we still have 21-B. Chairman Teele: All right. Let's just go through the general counsel's report. On Item Number Mr. Rollason: Twenty-one. Chairman Teele: On Item 21, let's just go through those, A through B, real quickly. William R. Bloom (Special Counsel, CRA): OK. The first thing on 21-A deals with the history of P-5. In your package is both an economic breakdown of all costs and expenditures incurred by the CRA in connection with acquiring a dilapidated apartment house that had not been occupied for 20 years, to tearing it down, to removing asbestos, to building a parking lot on the site. Chairman Teele: That building, by the way, had asbestos in it. It was not just a derelict. It was an asbestos -- Mr. Bloom: Right. Chairman Teele: -- derelict building. 66 March 31, 2003 • Mr. Bloom: And those costs -- there's pictures in your pamphlet, which showed the -- Mr. Rollason: You had requested that we provide you with some photos of what it looked like before and after and those are in there. Mr. Bloom: Right. And in the history is the theory of removing the slum and blight from the area and also increasing the market value on the tax roll. It was one of the problems in the redevelopment areas is, again, having comparable sales. Next item, with respect to P-5, is the contract for sale to JEJ Properties. That -- they were the respondents in connection with an RFP (Request for Proposal). Their bid was fifty-two thousand dollars ($52,000). It provides for purchase money, financing of approximately -- Chairman Teele: Is there a legal problem with this? Mr. Bloom: There's no legal problem with this. There were some questions that were raised at the last board meeting when we went through this issue, particularly with respect to the dollars incurred by the CRA in connection with acquiring P-5 and renovating P-5. Chairman Teele: Have those issues been clearly vetted? Mr. Bloom: They have been vetted. Chairman Teele: Would you move it, please? Board Member Regalado: I'll move it. Chairman Teele: Is there a second? Board Member Gonzalez: Second. Chairman Teele: Is there objection? All those in favor say "aye." The Board Members (Collectively): Aye. 67 March 31, 2003 The following resolution was introduced by Board _Member Regalado, who- moved for its adoption: CRA/SEOPW RESOLUTION NO. 03-27 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (THE "CRA") AUTHORIZING THE CRA TO ENTER INTO A PURCHASE AGREEMENT IN SUBSTANTIALLY THE FORM ATTACHED HERETO AS EXHIBIT A (THE "AGREEMENT") WITH JEJ PROPERTIES, INC. WHO WAS THE SOLE RESPONSIVE RESPONSIBLE BIDDER TO THE INVITATION TO BID FOR THE SALE OF PROPERTY LOCATED AT 936 N.W. 3 AVENUE, MIAMI, FLORIDA ("P-5") AND FURTHER AUTHORIZING THE CRA TO PROVIDE PURCHASE MONEY FINANCING IN THE AMOUNT OF FORTY-ONE THOUSAND SIX HUNDRED AND NO/100 ($41,600.00) TO BE SECURED BY A PURCHASE MONEY MORTGAGE ENCUMBERING P-5 TOGETHER WITH THE ADJOINING PROPERTY AND FURTHER DIRECTING THE CRA AND HOLLAND & KNIGHT, AS SPECIAL COUNSEL TO THE CRA, TO PROVIDE TECHNICAL ASSISTANCE TO JEJ WITH RESPECT TO THE REPLATTING OF THE PROPERTY AND ANY UNITY OF TITLE AGREEMENTS REQUIRED WITH RESPECT TO THE PROPERTY TO ENABLE THE PROPERTY AND THE ADJACENT PROPERTY TO BE REDEVELOPED IN ACCORDANCE WITH THE CITY OF MIAMI ZONING CODES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Board Member Angel Gonzalez Board Member Tomas Regalado NAYS: None ABSENT: Vice Chairman Johnny L. Winton Board Member Joe Sanchez Chairman Teele: All right. On the settlement of St. Johns, is there a representation of St. Johns here tonight? All right. You want to go through this and are we all -- Mr. Bloom: The issues with St. Johns, we had agreed on the dollars. We agreed on the structure of the settlement. The problem that had come up is that the City and the CRA (Community Redevelopment Agency) were intending to use home funds to pay for portions of the settlement. Certain portions of the settlement, such as paying for demolition liens in favor of the City of 68 March 31, 2003 Miami can't be -- aren't eligible for payment with -HOME (Home Investment Partnership Program funds. Payments for the architectural services provided years ago in connection with the RFP aren't eligible for HOME funds. To get this matter resolved, it- is most likely meaning that about two hundred and twelve thousand dollars ($212,000), which we had anticipated being used -- paid using HOME funds, will have to be paid using risk management dollars. Chairman Teele: All right. So what's the -- what is the motion before us, Mr. Director? What is your recommendation? Mr. Rollason: We're talking about St. Johns. Chairman Teele: The item that he just gave us the briefing on. Mr. Rollason: You know, we're at a standstill if we don't find some other source of funding or - Chairman Teele: All right. Well I'll give you this. Mr. Rollason: -- get them to agree to eat up the differences. Board Member Gonzdlez: Why don't we defer this item for the next meeting, Mr. Chairman? Chairman Teele: OK. I'll go along with that, if we could do this: Can we instruct the City -- I'm sorry. We can't do -- instruct anybody at the City here. Can we instruct the consulting engineer to work with the City and to present a plan to allow and accommodate for the easement that has been requested behind, et cetera, et cetera. The survey -- we don't need -- Mr. Bloom: Commissioner, the issue with that easement is the -- half of the alleyway, which the Lyric Theater needs for part of its project, was included in a purchase agreement that's subject to a litigation, and -- Chairman Teele: This settlement will solve that, right? Mr. Bloom: This settlement will solve that. Chairman Teele: So if you'd just listen to me for one minute. I'm trying to get us where we need to be. One Commissioner wants to defer the item and I'm not going to ever oppose someone deferral. But at the same time, Dr. Fields and these people have waited and waited and waited. What I'm saying is, can we walk and chew bubblegum at the same time? There's a certain amount of risk here -- maybe the settlement blows up -- but I'm prepared to say whether we do the settlement or not, come hell or high water, we're going to figure out how to make this easement thing work. So can we authorize the Executive Director, through the consulting engineer and others working with the City, to do the documentation, the survey, the platting, and everything associated with the easement so that when we have a settlement, we don't start that process. 69 March 31, 2003 Mr. Bloom: OK. Commissioner, I believe the CRA _Board has already authorized proceeding with the replat, which will vacate the 10-foot alleyway, which is subject to litigation. Chairman Teele: Are you suggesting that what I'm saying is -- Mr. Bloom: It's already been implemented. Chairman Teele: -- redundant? So you're telling me that we have a survey? We have a plat and everything's ready to go? Mr. Bloom: The replat of that property, which requires the alley to be vacated, is being processed by the Black Archives, as we speak. The CRA has consented to that. They haven't consented to conveying to the Black Archives the portion of the alley, which they would have to convey after the vacation is completed. Mr. Rollason: And also, there is a request from what the first -- you know, of course, I'm hearing a lot of this first time around -- but for 50 feet -- Chairman Teele: Listen. Hold on a minute. I'm going to tell you something. I don't believe what I'm just hearing from the lawyer. I'm going to just be very candid with you. Because, see, I know how this government works. Everything gets done sequentially. Nothing goes on concurrently. Is there anybody here from Public Works? Board Member Regalado: Dominguez, Albert. Chairman Teele: Are you all ready? Can you give us a plat, a survey, and everything tonight on this? Albert Dominguez (Acting Director of Public Works): No, sir. Chairman Teele: Have you all started on it, candidly and honestly? I mean, are you all way down the road on this or you're waiting on the trigger to start? Mr. Dominguez: Albert Dominguez, Acting Director of Public Works. No, sir, I'm not aware of the submission of a plat (INAUDIBLE). Chairman Teele: Can't it be done without your signature? Mr. Dominguez: Negative. No, sir. Chairman Teele: By law? So I go back to what I'm saying, Mr. Attorney. I'm asking for Commissioner Regalado to please make a motion to authorize -- and what I don't want is what you said. I don't want the Black Archives trying to do what you said they should -- they are doing, because we have to do it ourselves. The City is not going to ever do what we did before, when we let somebody do the surveying and all of that, and wound up transferring the wrong piece of the land. So, if you would, please, would you allow Mr. General Counsel, Mr. Vilarello, 70 March 31, 2003 a motion authorizing the Executive Director to work, -with the City staff, Public Works, and further authorizing the consulting engineer to engage and expend necessary funds up to, let's say, twenty thousand dollars ($20,000) for the purpose of surveying, platting, and all other actions necessary to prepare the documents for the conveyance, when and if the settlement comes; is that acceptable to you? Alejandro Vilarello (City Attorney): Absolutely. So long as it's conditioned on the settlement, we certainly -- Chairman Teele: It's conditioned on the settlement. Mr. Vilarello: -- should be able to get all the documents ready. Chairman Teele: Because what 1 don't want is for Dr. Fields to be in a position to say, "We're getting a settlement, then we've got to start there." And you can't do it if the Public Works Director isn't running the show. And we're not going to accept what Dr. Fields, with all due respect, does anyway. Mr. Vilarello: (INAUDIBLE) takes quite a bit of time (INAUDIBLE) Chairman Teele: No property owner is going to accept what the buyer is going to proffer. We've got to do it ourselves. Board Member Regalado: And you know, Mr. Chairman, I think it's important that motion. First of all, because first one fell through the cracks. Nobody knows -- thank God that we have Dominguez now, and he's on top of that. But we need to do this because this motion has a moral bearing on both parties on the settlement. Because the future of the Lyric depends on that expansion. I mean, if we want to keep the Lyric as just a showcase of how nice it was in the `30s and the `50s, it's fine. But if we want the Lyric to be a real theater, with a grand stage and all the amenities that you need for a major production, they need that. I mean, there's no way -- they cannot go up or they cannot go sideways. They have to go back. So that's the only thing further to have it to work, and it has to have some moral bearing on both parties, because the City wants the theater to succeed. And this St. Johns thing, you know, if they want to be ever welcomed in this community, they need to help the Lyric, because it's a gem of Overtown, and without that alley, it won't work. Mr. Bloom: Commissioners, while you're doing this -- Chairman Teele: The motion and the second. Discussion, Mr. Bloom, yes. Mr. Bloom: While you're considering this, what you should also consider is Di-. Fields today, when she was talking about the project, talked about the alley. She also spoke very briefly about the 50 feet behind the alley. Now -- Chairman Teele: But that's something the Executive Director is going to have to consider and come to us with a recommendation, because -- 71 March 31, 2003 • Mr. Rollason: That's a separate issue. Chairman Teele: That's a separate issue, but it's on the table and we're expecting the Executive Director to come back. Board Member Regalado: That's my motion, Mr. Chairman. Chairman Teele: It's moved -- Board Member Gonzalez: Second. Chairman Teele: -- and seconded, as it was stated. Board Member Gonzalez: As stated. Chairman Teele: With the understanding the Executive Director will come back and provide written advice on that. And one of the things you've got to consider is work with the Planning Department, because, obviously anybody -- you know, get while the getting is good. If you're asking for land, you keep asking, and keep asking, but you've got to remember what's remaining, too -- Mr. Bloom: Right. Chairman Teele: -- and what are going to be the potential uses of the remaining property. Board Member Regalado: Call the question. Chairman Teele: All those in favor of the motion "aye." The Board Members (Collectively): Aye. Chairman Teele: All those opposed have the same right. 72 March 31, 2003 0 i. The following motion was introduced by Board Member Regalado, who moved for its adoption: CRA/SEOPW MOTION NO. 03-28 A MOTION AUTHORIZING THE EXECUTIVE DIRECTOR OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (THE "CRA") TO WORK WITH THE CITY OF MIAMI DEPARTMENTS OF PUBLIC WORKS AND PLANNING, THE CONSULTANT ENGINEER AND TO EXPEND THE NECESSARY FUNDS NOT TO EXCEED $20,000 TO PREPARE THE APPROPRIATE DOCUMENTS, INCLUDING SURVEY AND PLAT, ASSOCIATED WITH THE CONVEYANCE OF EASEMENT BEHIND THE LYRIC THEATER TO THE BLACK ARCHIVES, UPON A SETTLEMENT BEING NEGOTIATED WITH ST. JOHN CDC; FURTHER DIRECTING THE EXECUTIVE DIRECTOR OF THE CRA TO PROVIDE WRITTEN ADVICE ON THIS MATTER. (Here follows body of motion, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Board Member Angel Gonzalez Board Member Tomas Regalado NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Board Member Joe Sanchez Board Member Regalado: It was a motion -- Chairman Teele: That item is adopted and the item relating to the settlement is continued. Is that the idea? Unidentified Speaker: Yes. Unidentified Speaker: Yes. Chairman Teele: We need to continue this with some instructions. Let me tell you what I recommend. I recommend that the CRA agree to pay -- this has to -- please listen to this. I recommend that the CRA pay 50 percent and that the CRA request of the City, from -- what's that department? (COMMENTS OFF THE RECORD) 73 March 31, 2003 9 0 Chairman Teele: No. The department that has -- Risk Management. That the City request Risk Management or the other -- or some other appropriate source for the remain -- for the other half. That is, we've got a two hundred and twenty-five thousand dollar ($225,000) problem here. Unidentified Speaker: Yes, sir. Chairman Teele: And the motion would be to request that the Executive Director identify an appropriate source of funds for half, and that the City -- CRA request that the City, utilizing Risk Management or whatever, to pay at least half of the.balance. Mr. Rollason: Let me ask this question of counsel. That figure that we're talking about includes the additional costs associated with using the HOME funds, or is that going to be escalated from that 250? Mr. Bloom: What he's saying is right now that the settlement would provide for approximately the 250 to be paid out of HOME funds, saying that we would.reduce the amount of HOME funds and increase the amount coming from Risk Management to replace it. Mr. Rollason: I understand, but the use -- Chairman Teele: Yeah. But I'm not comfortable with the CRA talking about risk management dollars, because "A", we can't -- I mean, I don't want them trying to spend CRA dollars, and I don't want us spending City dollars. Mr. Rollason: I agree with that. I think my point is is that regardless of how much we pay out of the HOME funds, there are strings that come with that money that are going to escalate the costs associated with HOME funds, and that's what they're balking at, because we could pay the bulk of it out of HOME funds -- Chairman Teele: Why don't we just agree on this: Board Member Regalado: Mr. Chairman. Chairman Teele: That 50 percent will come from the CRA, and it's requesting you identify an appropriate source, and requesting that the City come up with 50 percent, and then you all figure out what -- Mr. Rollason: Funding pot. Chairman Teele: -- 50 percent of what. Mr. Rollason: OK. I agree with that. Board Member Regalado: Mr. Chairman. 74 March 31, 2003 Mr. Vilarello: And the motion is based on those expenses which cannot be paid for from HOME funds. Chairman Teele: From those expenses that cannot be paid from HOME funds or other sources that have been previously identified. Board Member Regalado: Mr. Chairman. Chairman Teele: Yes, sir. Board Member Regalado: You're going to lose a quorum. Chairman Teele: Sir? Board Member Regalado: You're going to lose a quorum. Chairman Teele: Would you make that motion? Board Member Regalado: I make the motion. Chairman Teele: Would you second it? Board Member Gonzalez: Second. Chairman Teele: Is there objection? All in favor say "aye." The Board Members (Collectively): Aye. The following motion was introduced by Board Member Regalado, who moved for its adoption: CRA/SEOPW MOTION NO. 03-29 A MOTION AUTHORIZING THE EXECUTIVE DIRECTOR OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (THE "CRA") TO IDENTIFY AN APPROPRIATE SOURCE TO PAY FIFTY PERCENT (50%) OF THE SETTLEMENT WITH ST. JOHN CDC FOR THOSE EXPENSES THAT CANNOT BE PAID FROM HOME FUNDS AND THAT THE CRA REQUEST OF THE CITY OF MIAMI RISK MANAGEMENT DEPARTMENT OR SOME OTHER APPROPRIATE SOURCE FOR THE REMAINING 50%. 75 March 31, 2003 (Here follows body of motion, omitted here and on file -in the Office of the City Clerk.) Upon being seconded by Board Member Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Board Member Angel Gonzalez Board Member Tomas Regalado NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Board Member Joe Sanchez 76 March 31, 2003 0 21. AUTHORIZE EXECUTIVE DIRECTOR TO BEGIN MEETINGS INVOLVING CRA WITH BICENTENNIAL `OF HAITI.PROJECT AND PLAN ROLE THAT ENTERTAINMENT DISTRICT. WILL. -PLAY IN SAID EVENT. - Board Member Regalado: Before I go, I really want to make a motion, Mr. Chairman, on 20. This is very important and it's been deferred and deferred. And my motion would be -- with no funds now -- but to direct the Executive Director to start meeting about the involvement of the CRA with the Haitian Bicentennial, and the role that the entertainment district will play in those events. Board Member Gonzalez: I second the motion. Chairman Teele: Moved and seconded without objection. All those in favor say "aye." The Board Members (Collectively): Aye. The following motion was introduced by Board Member Regalado, who moved for its adoption: CRA/SEOPW MOTION NO.03-30 CRA/OMNI MOTION NO. 03-28 A MOTION AUTHORIZING AND DIRECTING THE EXECUTIVE DIRECTOR OF THE COMMUNITY REDEVELOPMENT AGENCY (THE "CRA") FOR THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI DISTRICTS TO BEGIN MEETINGS INVOLVING THE CRA WITH THE BICENTENNIAL OF HAITI PROJECT AND TO PLAN THE ROLE THAT THE ENTERTAINMENT DISTRICT WILL PLAY IN SAID EVENT. (Here follows body of motion, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Board Member Angel Gonzalez Board Member Tomas Regalado NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Board Member Joe Sanchez 77 March 31, 2003 22. EXPAND SCOPE OF 9TH STREET PEDESTRIAN. MALL PROJECT TO INCLUDE INFRASTRUCTURE .IMPROVEMENTS WITHIN RIGHTS -OF -WAY IN AREA BOUNDED BY NORTHERNMOST -EDGE OF RIGHT-OF-WAY ALONG N.W. 11TH STREET AND SOUTHERNMOST` EDGE -OF ..RIGHT-OF-WAY ALONG N.W. 7TH STREET AND TH RUNNING ENTIRE LENGTH'.OF 9 .. STREET PEDESTRIAN MALL. AUTHORIZE:,-EXECUTIVE.DIRECTOR TO EXPEND $1 MILLION, ALLOCATED FOR 9TH. STREET. -, ..PEDESTRIAN : MALL.. PROJECT, . FOR INFRASTRUCTURE IMPROVEMENTS A:SSOCIATED� WITH :SAID. PROJECT:,BY REIMBURSING CITY FOR DIRECT .COST OF :IMPROVEMENTS '<PERFORMED UNDER CITY'S CONTACT FOR "CITYWIDE CURB `.= REPLACEMENT... PROJECT ...:2003 ,;B-4661" AND AUTHORIZE PAYMENT TO ' CITY OR ' : CRA'S ENGINEERING :-CONSULTANT FOR COST OF CONSTRUCTION ADMINISTRATION. Chairman Teele: Mr. Bloom, would you briefly explain the Ward Rooming House so that we could just get that issue resolved? The biggest slum and blight right now in the district. Board Member Gonzalez: I know what a rooming house is. I've got quite a few in my district. Frank Rollason (Executive Director, CRA): Can we hold off on the Ward Rooming House for a second -- Chairman Teele: Yeah. Mr. Rollason: -- and get an issue that I need to get a vote on? Item Number 22, there are two resos that we're prepared to put before you. One of them expands the boundaries of the 9`h Street Pedestrian Mall, and that will allow us to do infrastructure work within those areas. There's a map there that explains it to you and it will help with ADA (American Disabilities Act) compliance to reach the mall, et cetera, et cetera. Chairman Teele: Is this the ADA compliant issue, sidewalks -- Mr. Rollason: Yes. ADA sidewalks and -- Board Member Regalado: So moved. Board Member Gonzalez: "Aye." Chairman Teele: Moved by Commissioner Regalado. Second. All those in favor say "aye." The Board Members (Collectively): Aye. 78 March 31, 2003 0 The following resolution was introduced by Board .Member Regalado, who moved for its adoption: CRA/SEOPW RESOLUTION NO. 03-31 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (THE "CRA") EXPANDING THE SCOPE OF THE 9TH STREET PEDESTRIAN MALL PROJECT, PREVIOUSLY APPROVED BY SEOPW/CRA RESOLUTION 01-83, TO INCLUDE INFRASTRUCTURE IMPROVEMENTS WITHIN THE RIGHTS -OF -WAY IN THE AREA BOUNDED BY THE NORTHERNMOST EDGE OF THE RIGHT-OF-WAY ALONG N.W. 11TH STREET AND THE SOUTHERNMOST EDGE OF THE RIGHT-OF-WAY ALONG N.W. 7TH STREET AND RUNNING THE ENTIRE LENGTH OF THE 9TH STREET PEDESTRIAN MALL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Board Member Angel Gonzalez Board Member Tomas Regalado NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Board Member Joe Sanchez Chairman Teele: And what is the second resolution? Mr. Rollason: All right. The second one authorizes the Executive Director to expend funds, not to exceed one million dollars ($1,000,000), which was passed when we -- Chairman Teele: At the City Commission meeting. Mr. Rollason: At the City Commission to extend the contract so that we can actually do the sidewalk work using the CDBG (Community Development Block Grant) funds within the 91n Street Pedestrian Mall. Chairman Teele: Would you move it? Board Member Regalado: Second. Chairman Teele: Moved and seconded. Is there objection? All in favor say "aye." 79 March 31, 2003 The Board Members (Collectively): Aye. Chairman Teele: The item is passed. The following resolution was introduced by Board Member Gonzalez, who moved for its adoption: CRA/SEOPW RESOLUTION NO. 03-32 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (THE "CRA") AUTHORIZING THE EXECUTIVE DIRECTOR TO EXPEND AN AMOUNT NOT TO EXCEED $1 MILLION FROM ACCOUNT CODE NO. 799126.452502.6.930, ALLOCATED FOR THE 9TH STREET PEDESTRIAN MALL PROJECT, FOR INFRASTRUCTURE IMPROVEMENTS ASSOCIATED WITH SAID PROJECT BY REIMBURSING THE CITY OF MIAMI FOR THE DIRECT COST OF IMPROVEMENTS PERFORMED UNDER THE CITY'S CONTACT FOR "CITYWIDE CURB REPLACEMENT PROJECT 2003, B-4661" AND FURTHER AUTHORIZING PAYMENT TO THE CITY OR THE CRA'S ENGINEERING CONSULTANT FOR THE COST OF CONSTRUCTION ADMINISTRATION PROVIDED THAT THE TOTAL COST OF THE IMPROVEMENTS AND ADMINISTRATION SHALL NOT EXCEED $1 MILLION. (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: Chairman Arthur E. Teele, Jr. Board Member Angel Gonzalez Board Member Tomas Regalado NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Board Member Joe Sanchez Chairman Teele: The item is passed. The quorum is lost. Thank you very much. The meeting is adjourned by operation of law. 80 March 31, 2003 • There being no further business to come before the Communitv Redevelopment Agency for the Southeast Overtown/Park West and Omni District, the meeting was adjourned at 7:50 p.m. ATTEST: PRISCILLA A. THOMPSON, City Clerk SYLVIA SCHEIDER, Assistant City Clerk ARTHUR E. TEELE, JR., Chairman 81 March 31, 2003