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HomeMy WebLinkAboutSEOPW OMNI CRA 2003-04-28 Minutest CITY OF MIAMI MEETING MINUTES OF MEETING HELD ON APRIL 28, 2003 PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL Priscilla A. Thompson/City Clerk CITY OF MIAMI MEETING MINUTES OF MEETING HELD ON APRIL 28, 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 28th day of April 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 5:25 p.m. by Chairman Arthur E. Teele, Jr., with the following Board Members found to be present: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Tomas Regalado Board Member Joe Sanchez �: y�1►Mlla Board Member Angel Gonzalez ALSO PRESENT: Frank Rollason, Executive Director, CRA, City of Miami William R. Bloom, Special Counsel, CRA, Holland & Knight Linda Haskins, Senior Advisor of Finance, City of Miami Rafael Diaz, Priscilla A. Thompson, City Clerk, City of Miami Sylvia Scheider, Assistant City Clerk, City of Miami An invocation was delivered by Chairman Teele, who then led those present in a pledge of allegiance to the flag. 1 April 28,'2003 • Chairman Teele: All right. The agenda for the April 28th is before us. I'm going to ask that the personal agenda items be held for a little bit, and let's try to get through the agenda, if it's all right with you, Frank, Mr. Manager -- Director. Consent Item A, number one. Vice Chairman Winton: Move it, and then I have one comment. Chairman Teele: Is there a second? Board Member Sanchez: Second for the purpose of discussion. Vice Chairman Winton: Mr. Chairman. Chairman Teele: Commissioner Winton -- board member. Vice Chairman Winton: Frank, on the -- in the -- I think the -- I like the report -- the one column here says "next action step." It seems to me that there's a number of these motions in here where there are, in fact, next action steps, because they're older kind of issues. But in many of these, they're blank, so -- Frank Rollason (Executive Director, CRA): Yes, sir. And I'm prodding through those to figure out exactly what the next action step is. Some of it requires some research with the actual legislation. Vice Chairman Winton: Got it. Mr. Rollason: And some of it is a history as to what it is. But we're -- as they're getting filled in -- as I get them, we're filling them in to get them to you. Vice Chairman Winton: Good answer. Thank you. That's all. Chairman Teele: Board Member Sanchez. Board Member Sanchez: Yes, Mr. Chairman. Frank, I had previously asked that you provide us a report on all the grants and loans pertaining to Two Guys Restaurant, Jackson Seafood, and what's the other -- the barbershop? Mr. Rollason: Just Right Barbershop. Board Member Sanchez: Right. Mr. Rollason: Jackson Soul Food and Two Guys Restaurant. 2 April 28, 2003 Board Member Sanchez: As to where they're at. And let me just, out of fairness, you know. Gili's is going to have their opening on the 281n Mr. Rollason: Tomorrow. Board Member Sanchez: Tomorrow. Mr. Rollason: Twenty-ninth. Board Member Sanchez: We'll all be there. But really, when you look at it, these three small businesses have been waiting for years to get their businesses going. Mr. Rollason: Yes, sir. Board Member Sanchez: Really, it's not fair to them. And that's why I had inquired on these. Where are we at on those loans and grants pertaining to those three businesses? Mr. Rollason: I can tell you that those three grants total four hundred and eighty thousand dollars ($480,000). They were awarded, as you say, approximately two years ago. Those are different types of funding than, as you mentioned, Gili's Restaurant. These are grants for actual construction and renovations to take place, and they are tied to the -- right at the moment -- to the plans that we do not have possession of from Civil Cadd. And I am also have been made aware that even if we are able to obtain those plans, that the plans are out of date and they are -- Board Member Sanchez: They're useless. Mr. Rollason: Right. And I'm going to have to do it again. Board Member Sanchez: OK. - Mr. Rollason: So, we're at that process. We're hooking up with another architect that we're in the process of executing that contract that has already been approved by this board. And at that point, that's our first priority, is to hook them up with the existing plans that we have from Civil Cadd, meet with the owners, and get those projects moving. Board Member Sanchez: So, the four hundred and eighty-six thousand dollars ($486,000) are just there? They haven't been set -- Mr. Rollason: That is correct. They have not received any funds. Board Member Sanchez: OK. Thank you. Chairman Teele: On the point, Frank, though, I think, in fairness, this board approved -- heard a report from the previous director very similar to what you gave, and the previous director recommended that an architectural firm by the name of -- it escapes me. 3 April 28, 2003 Mr. Rollason: Wolfberg Alvarez. Chairman Teele: Wolfberg Alvarez -- Mr. Rollason: That's the one. Chairman Teele: It was about nine months ago. Mr. Rollason: Yes, sir. Chairman Teele: -- be assigned and instructed to update and seal those permits and plans. Mr. Rollason: Yes, sir. Chairman Teele: Where does that stand now? I mean -- Mr. Rollason: That stands that I have reviewed that contract, and there are questions that I have about that contract that I have forwarded to general counsel to address. Chairman Teele: When did the board approve that contract? Mr. Rollason: I would say that it was -- it could be close to a year ago. Maybe June of last year, which sticks in my mind, that it was approved. Part of the issue is that the Wolfberg contract -- we piggybacked on a contract that was passed by the County Commission, and that contract was for two years, with two options to renew for two additional two-year periods, which would run out in June of this year. I've asked several questions. One of them is: Did the County exercise their option to renew the Wolfberg contract those two times? Because all I have to work off of is the original County contract. And if they didn't exercise those options, for whatever reason, there's a problem there. Aside from the Wolfberg contract -- Chairman Teele: Well, what's the answer? Mr. Rollason: I am waiting for that. I'm gathering that information from the County now as to did they exercise the option through their -- their Public Works Director had the sole authority to exercise two more times. We have asked for that information towards the end of last week. I have not received it at this point. There was another architect that's on board. And if I run into some problems with Wolfberg, then I'm going to meet with these other people. And again, this is the priority project. My intent is to try to get these projects done by the end of the year. Chairman Teele: But my only point in following up is that, you know, the board does certain things and our responsibility never ends. But at the same time, all we can do is approve a contract and authorize them to go to work. And as you've acknowledged that's over a year ago. Mr. Rollason: Yes, sir. 4 April 28, 2003 Chairman Teele: I mean, I'm very mindful of the issue that Commissioner Sanchez is raising, but at the same time, I'm also mindful of the fact that the board has taken what I consider to be the only definitive and appropriate steps we can take, which is to -- Mr. Rollason: I agree. Chairman Teele: -- relieve one contractor or one engineering firm, architectural firm from the job a year ago, put another one in. And now you're telling us the contract hasn't even been signed with the architectural firm. Mr. Rollason: That's correct. That contract was never exercised. Vice Chairman Winton: Could you have all this wrapped up by the next board meeting? Mr. Rollason: Yes, sir. I mean, I'm moving forward with it as we speak. I've got a series of these that I have questions on, that we are asking on to get clarified with dates and that type of thing because they have sat for so long. Vice Chairman Winton: So, you'll bring back, hopefully, a report at the next board meeting that shows everything is now in place and you are moving forward? Mr. Rollason: That's my plan. Vice Chairman Winton: OK. Thank you. Chairman Teele: Further discussion. All those in favor of the item say "aye." The Board Members (Collectively): Aye. Chairman Teele: All opposed. Unanimously adopted. The following motion was introduced by Vice Chairman Winton, who moved for its adoption: CRAlSEOPW MOTION NO. 03-33 CRAlOMNI MOTION NO. 03-29 A JOINT RESOLUTION OF THE BOARD OF . DIRECTORS OF THE SOUTHEAST OVERTOWNIPARK WEST AND OMNI COMMUNITY REDEVELOPMENT AGENCIES (the "CRAS"), ACCEPTING THE STATUS REPORT ON THE CRA DIRECTIVES. 5 April 28, 2003 • Upon being seconded by Board Member Sanchez, the -motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Joe Sanchez Board Member Tomas Regalado NAYS: None. ABSENT: Board Member Angel Gonzalez 6 April 28, 2003 .;,, . ; � { " , r - REPORT_ 'SON<.PENI7ING�I;EG' u _ `�GREEIVIEN'TS"FRO1VI�:�GENE ..:L ry .;w �a 4 Chairman Teele: Item 2. Vice Chairman Winton: So moved. Chairman Teele: Is there a second? Board Member Sanchez: Second. Chairman Teele: Again, the most important thing, I think, is that some of the substantial delays are in these contracts. And, Frank, we've got to do better. I mean, you know, it's fine for us to get these reports, but if we've got a form -- a contract, like we just discussed that hasn't been done in over a year, we really need to do more than just approve these reports. We need to get down and -- Frank Rollason (Executive Director, CRA): I agree. Chairman Teele: -- discuss contract by contract by contract. Mr. Rollason: I agree and that is exactly what we're doing. And you can see that as the blanks are being filled in, you were beginning to see exactly where we are with these and we're addressing them. And in fairness to general counsel, some of these things have -- where they before have been said they're sitting with the general counsel waiting for whatever action, they have, in fact, been sent back to the CRA (Community Redevelopment Agency) for them to take another action on their part or clear up something. So, Jim and I meet on a regular basis of these, along with my staff, and he is knocking them out and we're getting them done. Board Member Sanchez: Mr. Chairman. Chairman Teele: Yes. Board Member Sanchez: In all fairness to Frank and the board and everyone here, I think Frank has basically had to untwine spaghetti with the past CRA administrations. And for the first time, we're seeing some type of order and trying to fall everything within order or sequence of events, and finding a lot of things that have gone wrong or -- there just wasn't any accountability. We're starting now with these status reports that we're coming about. There's a lot of them that have a lot of questions on these issues. And one is that we -- we're, once again -- you know, we are the board and you're the chairman and we take responsibility here. We were basically voting on issues. In some cases, we were not -- we didn't vote on the issues but still they got done, and that's something that I'll discuss later on at the appropriate item. But for the first time, we're starting to put things in order here, and we're putting our house in order. And this is a step of many things that we're going to have to do. And still, you know, you look at all these professional services that we have been spending money on, and still, some of them, `til this day, we can't account for or we can't -- we don't know if the service was provided or if the service is 7 April 28,'2003 being provided. or where we're at. So, basically, we need to have this type of report on every CRA meeting, where we will be able to find out the status of each of the projects that we have voted on, especially the ones we voted on. Because the ones that we didn't vote on, you know, if you bring it (INAUDIBLE) -- this board member is not going to support it. But I think this is a step in the right direction. And to all fairness for Frank, who's had to come in and basically put this house that was way out of order in order, it's something that he should be commended for. So I take this opportunity to commend Frank and his staff for the efforts that they've done to try to bring some order to this house. Thank you. Chairman Teele: Yes, sir. Fred Joseph: .Fred Joseph, 1770 North Bayshore Drive, Omni Advisory Board..I would like to just ask about one item, and I'm quite happy -- Chairman Teele: Go ahead, Mr. Joseph. Mr. Joseph: -- the Commissioners and the Chairman have brought these up. SAX on the Beach, this is another item that is one of our local residents and owners in the area. And we went out in the marketplace and begged them to come into the area. And y'all helped and we all helped bring them in, and their paperwork is sitting in limbo. I don't know where. I don't know why. But I just want to bring it to the point to you, the people that can make it happen. If y'all would, you know, maybe direct somebody to see that this instruments are done, as Frank is trying to do, move them faster and move them closer. I notice that we have two counsels -- attorneys, one for the City and one for our board, but if y'all can help. These people have been promised something. Something is still missing, and if you could help, it would be greatly appreciated. Chairman Teele: Thank you, Mr. Joseph. It was -- that was the subject matter that I had raised in terms of the contracts that have not been done, not the ones that we are dealing with. But I appreciate you bringing that up. And again, your records are noted, and I'm sure the counsel and the Executive Director will have a clarification for us by the next board meeting. Mr. Joseph: Thank you. Chairman Teele: Thank you again, Mr. Joseph. If we could temporarily pass the two personal appearance items. Item number 5. Priscilla A. Thompson (City Clerk): I'm sorry. Board Member Sanchez: We didn't vote on this, Commissioner. Ms. Thompson: That's correct. We do need a vote on that. Board Member Sanchez: There's a motion and a second on it. Ms. Thompson: There is -- 8 Apri128, 2003 Chairman Teele: Is there objection? All in favor say "aye." The Board Members (Collectively): Aye. The following motion was introduced by Vice Chairman Winton, who moved for its adoption: CRA/SEOPW MOTION NO.03-34 CRA/OMNI MOTION NO.03-30 A JOINT RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI COMMUNITY REDEVELOPMENT AGENCIES (the "CRAS"), HEREBY ACCEPTING THE STATUS REPORT ON PENDING LEGAL AGREEMENTS FROM GENERAL COUNSEL. Upon being seconded by Board Member Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice, Chairman Johnny L. Winton Board Member Joe Sanchez Board Member Tomas Regalado NAYS: None. ABSENT: Board Member Angel Gonzalez 9 April 28, 2003 4 `='CRA FINANCIAL REPORT BI' CPA:CONSULTING"EIRIVI" HARVEYll--BRANKER;AND »j pr SS AO���IAT E P= C .A: S Chairman Teele: Item Number 5. Frank Rollason (Executive Director, CRA): Item Number 5 is a first report of substance to the board from our CPA (Certified Public Accountant) consultants, Harvey, Branker & Associates. And Mr. Roderick Harvey will make a presentation to you. Vice Chairman Winton: Excuse me. Mr. Chairman. Chairman Teele: Yes, sir. Vice Chairman Winton: I do note that there are -- there's nothing for us to look at in our book; is that correct? Mr. Rollason: That is correct, sir. Vice Chairman Winton: Well, I think, in the future, that whatever the financial report that they're going to give, we need something that we're looking at that we can follow along. Mr. Rollason: And at the May 19th meeting, there will be a report of some design to look at. Vice Chairman Winton: Great. Mr. Rollason: At this point -- Vice Chairman Winton: OK. Mr. Rollason: -- I think he's going to bring you up to speed Vice Chairman Winton: Thank you. Mr. Rollason: -- with the things that he's found. Roderick Harvey: Good afternoon. My name is Roderick Harvey with Harvey, Branker & Associates. My goal tonight is kind of to bring you from where we were last month to some of the things that we've worked on this month, which I think will speak directly to some of the progress that needs to be made and has been made. One of the things that we've taken time and worked on the past month is an encumbrance system. This system was a direct comment by the external auditors. The encumbrance system that we're looking at for the fiscal administration for. the CRA (Community Redevelopment Agency) will allow us to do a couple of things. One of which is to capture, not only expenditures as we make them, but also commitments for projects, grants, and loans. So when we look at our budget item, we can compare budget what we have, expenditures, and then our encumbrances or our commitments. We've taken time, over the past month, and identified some of the commitments that we've made by resolutions and certain 10 April 28, 2003 contracts. So we want to take for that May 19th meeting, to present to you the resolutions -- or the commitments we've made by resolutions, approximately going about two years back, and any other funding sources or grants for things that we've made. In that way, we can look at what we budgeted, what we've actually spent, and our commitments. So when we actually implement the encumbrance system, we will be able to, going forward, follow commitments, by resolution, from cradle to grave. And we think that's very important that we do that. One of the other things that we've done is start to recode or look at recoding projects so that when we go in and look in the system, we can actually see how much we have spent, actual dollars spent on a project basis, and not just by vendor. So that, would allow us to know if we spent "X," "Y," "Z" dollars, then we should be 80 percent, 90 percent done with that item or know that something is going not as planned. 'We also think and believe that once we flush through all our prior commitments by resolutions and some of the other things that we've done, actual dollars spent, that we will need to come back and look at doing approximately a mid -year budget amendment so that we can reallocate some line items to the right -- some budget line items, so that we can actually begin to pay and move some of those commitments and resolutions forward. Chairman Teele: Questions? Board Member Sanchez: Mr. Chairman. So, sir, how would you describe the conditions -- the accounting conditions here at the CRA after reviewing those -- all the documents? And I'm sure you haven't reviewed all of them because you haven't been here that long. But how would you describe the accounting procedures of the CRA? You could use one word or you could use a couple of them. Mr. Harvey: We've taken the time and looked through some of those records. And, obviously, they were not -- the prior fiscal administration was not great. But we think that enough is there that we can pull enough to kind of look at where we were and begin to put together the policies and procedures. Once we have those in place, we can kind of take what we had and begin to move forward. Obviously, with the lack and the change -- the lack of fiscal administration and policies and procedures and the changes that's been made in management, everything was not perfect. It was not a perfect world. So we've spent some time just kind of trying to do some digging and pulling to get the records where they should be. So, to answer your question directly, things were not perfect, but we feel that we can kind of use algebraic formulas to go from A to C and get those answers. Board Member Sanchez: Will projects have account numbers so expenditures could be tracked down? Mr. Harvey: That's what we want to do. In some cases, they do. In some cases, they don't. But we kind of want to shift the way they look now, where you go in and look at a vendor and say, "OK. Yeah. We've spent a hundred thousand with this vendor," and not really know how much is spent on a project basis. Because I think that's where the water gets a little muddy, is not knowing where we are on a project by project basis. Board Member Sanchez: Have you had a chance to review all the documents so far or you're not there yet? 11 April 28, 2003 Mr. Harvey: No. No, not yet. We're still in the process of kind of just beating the bushes and kind of seeing what's going to come out. But we have spent enough time to kind of know where we are, based on the comments made by the external auditors, and what we need to do with the help us staff to, hopefully, in the coming months, kind of clear the air and getsome things going forward. Board Member Sanchez: Thank you. Board Member Regalado: Mr. Chairman. Chairman Teele: Commissioner Regalado. Board Member Regalado: Do you think that you will be able, in any way, to help or support the internal independent auditor work within the CRA? As you know, the City Commission has an independent auditor and he has been working in the CRA books. Would you have some idea as to how you can help him? Mr. Harvey: We -- actually, when we began this engagement, we sat down with the external auditors and looked at some of their prior comments and some things to make sure that we address directly their prior comments that they had, but also to put in place the things that they'll be looking for while they're going forward doing the continuance audits in the future. Vice Chairman Winton: Commissioner Regalado, he's talking about our regular auditor. I'm not sure he's familiar with the fact that we've got -- Board Member Regalado: That's what I -- Vice Chairman Winton: -- the City's internal auditor working on this Board Member Regalado: That's what I said. It's the City Commission auditor, the City's auditor. Mr. Harvey: OK. OK. Board Member Regalado: And he's being directed by the City Commission to do an audit on the CRA. Mr. Harvey: OK. Board Member Regalado: It's an internal audit, major. Mr. Harvey: Internal auditing. Exactly. Board Member Regalado: And my question was, would you be able -- do you think that you can help him in finding -- expediting the findings that he needs to do? 12 April 28,'2003 e Mr. Harvey: Yes, I think so. I've talked briefly with the Internal Audit Department director to get a feel, initially, of where he was going. And I'm hoping that, as they continue to progress in that internal audit, that we'll be able to assist them with their findings and also making sure we implement the things so that, in the future, those findings are not there. Board Member Regalado: OK. Chairman Teele: Further discussion. Let me understand two things. When you say obligations - - contracts are obligations. Do you consider a resolution -- for your purposes of say, two years ago, three years ago -- to be an obligation -- Mr. Harvey: We would like -- Chairman Teele: -- or an instruction? Mr. Harvey: We would like to consider those as obligations from a budgetary standpoint, so that we will know how much money we should have or need to have to make those items that have been passed come true. So that as projects should move forward, in a number based numerical system, we'll know Project I is approved. We've taken that out of budget via encumbrances. We only have so many dollars left, so that we don't over promise to the community what we should do. Now, I'm sure on legal basis -- if that's what your question speaks to -- that it's not legally binding. But I think that it allows us to be able to be in good with the word that we give to the community. Chairman Teele: I think that's a very good answer, nd that answer, I think, gives me some comfort. But at the same time, given the fact that the -- this board does not authorize projects and then appropriate against them, we sort of take an omnibus approach, unlike say, in most legislative bodies where you authorize a project, which is not an encumbrance, and then you appropriate against it, which would be. You're taking the approach that an authorization and an appropriation -- appropriations and from an anti -deficiency point of view, that just throws the anti -deficiency rules on its ears because the anti -deficiency perspective assumes that things are authorized. And then the anti -deficiency goes to the appropriations process, as opposed to the authorizations process. If you're going to commingle those or merge those and -- in other words, if we say two years ago, as we said to -- or three years ago, as we said to the shoe shop people there on P Avenue and the barbershop, that we're going to reserve or we're going to instruct the Manager to -- the director to work with you to make available a total of let's say, sixty thousand dollars ($60,000) -- I don't know what the number was, but there was a commitment -- you would take that as an obligation, even though it doesn't -- it instructs the Manager and I think -- what I think we need to be very careful about -- given the fact that I authored the anti -deficiency ordinance that's currently in effect -- the anti -deficiency ordinance goes against appropriations, not against an authorization. And it certainly should not count against an instruction to the Manager -- to the director to bring something back to the board, because that legislation, in and of itself -- Johnny, I want you to understand what I'm saying -- does not expend dollars. That legislation instructs the Manager to come back to us within a dollar amount. If we're going to take the dollar amount and create that dollar amount as an instruction to a director or to the staff 13 April 28, 2003 and create it as an appropriations, then I can tell you right now that certainly is not the intent of the anti -deficiency ordinance. The anti -deficiency ordinance that I authored is designed to go to appropriations. And instructing the Manager or instructing the Executive Director to develop a program of say, a million dollars ($1,000,000) and the director comes back with a program of fifty thousand dollars ($50,000), you would have reserved a million dollars ($1,000,000) against a program that -- you know, clearly, we've got to get the authorizations process and the appropriations process and, more directly, the authority to the Manager to negotiate something. Because the anti -deficiency -- and I'm speaking clearly to that issue -- only comes into being when funds have been appropriat.;d. And an instruction to the Manager to negotiate a contract or to negotiate and come back to the board, in my opinion, in no way constitutes an appropriations, nor does it constitute an obligation. Now, the point that you make about giving the public confidence is a different issue, but it doesn't go to the financial issue of the authorizations, appropriations, and the anti -deficiency. And I really think that the lawyers need to sit down with you on this issue, particularly in the context of the City anti -deficiency, because that's taking a much longer definition than what's previous -- than has been ever contemplated. If you look at all the GAO (General Accounting Office) opinions in Washington -- the Comptroller General's opinions, they are very clear that the act of appropriations is what creates the deficiency and not the act of authorization. Vice Chairman Winton: Mr. Chairman. Chairman Teele: Yes, sir. Vice Chairman Winton: I don't think that's what he's saying. At least, that's not what I heard. Chairman Teele: That's exactly what I heard -- Vice Chairman Winton: But -- Chairman Teele: -- and I asked him to repeat it. Vice Chairman Winton: Yeah, but -- Chairman Teele: What he said -- Vice Chairman Winton: I don't think he has said at all that we're going to skip the process of appropriating funds. What he's going to do is keep this ledger that says we've passed resolutions Chairman Teele: Right. Vice Chairman Winton: -- that is obligating this amount of money. And from my viewpoint -- Chairman Teele: But "obligating" is the word. Vice Chairman Winton: Well -- 14 April 28, 2003 • Chairman Teele: Because "obligating" is a term of (INAUDIBLE) Vice Chairman Winton: Well, then he can use a different term. Because he's -- Chairman Teele: The reserved or set aside -- Vice Chairman Winton: What he's doing is smart. What he's giving us here is a ledger that says, "You guys have sat up there, as a board, and you have promised the community a million dollars ($1,000,000)." I don't care how we want to -- what term we want to use. We've promised a million dollars ($1,000,000). We haven't appropriated a million. We've promised a million. At a point down the road, when the Executive Director brings it forward, there will be an appropriation for each of those line items that he's identified, that he's added up over in this very, very first ledger. And I see this as part of this grid that we're creating that shows that, you know, we passed a resolution today that committed, from us, a hundred thousand dollars ($100,000) for Project A, two hundred thousand for Project B, and over the course of a year, you've added up to two million dollars ($2,000,000). And the fact of the matter -- but we've only appropriated, at the end of the year, five hundred thousand of that two million we've committed. We get into next year -- Chairman Teele: Exactly. Vice Chairman Winton: -- and we're looking at this whole thing -- Chairman Teele: As long as you say it that way -- Vice Chairman Winton: Yeah. Chairman Teele: -- then there's no problem. But when you say "obligated," there's a huge problem because' an obligation is what triggers your anti -deficiency. And what triggers the obligation, if you will, to do it. Vice Chairman Winton: Right. I think it was just a semantical issue here. Chairman Teele: But it's a -- but, Johnny -- Vice Chairman Winton: And they're not -- right. 'I understand. Chairman Teele: -- it is absolutely -- the whole issue of anti -deficiency is in the semantics of obligation. Vice Chairman Winton: So, he'll -- you'll change the terminology so we don't have that confusion. But there was no intent -- I didn't -- you weren't suggesting -- forget it. There isn't a question here. The issue here is that we do still have to have a process where funds are appropriated, and you're just going to set this process up so that we can track our dollars. 15 April 28, 2003 Mn Rollason: Right. If I can add, for just a moment. I sort of see the difference, like if we -- as we have done -- issued a contract or approved a contract for "X" amount of money for a construction manager at risk type thing. That has a huge top end. For us to spend any money under that, I have to come back here to the board and actually appropriate that money and lock that money up. I think what he's saying is that, at the time I decide or that I'm going to recommend a project to you for two hundred thousand dollars ($200,000), let's say, and I'm going to come back here, I'm going to pencil that two hundred thousand in so that when another project comes for another meeting, if I had a million, I only show I have eight left in the checkbook. And that is important that we do that so that, at the end, if they are all approved on the appropriations side, the money is there to go forward with the project. Chairman Teele: Discussion. There's two jungles and we want to get into neither one of them. I have no desire to be into the situation where we have -- as we had a hundred million dollars ($100,000,000) of money that somebody somewhere had said -- and that hundred million dollars ($100,000,000) -- Johnny, this is real. These are not theoretical numbers. That hundred million dollars ($100,000,000) of Public Works and Parks and all of those dollars were dollars that somebody said, well, we made a commitment against them. Some of those commitments were 15 years old. That is not a commitment. And that's all that I'm trying to say, is that there is a real difference between an obligation of dollars and a statement that we're looking at that -- or what in Congress would be called authorizing a project. Vice Chairman Winton: I don't think anybody's arguing with you. I think we're all saying the same thing and seeing this the same way. I'm just simply saying he was not suggesting that we're going to do away with the appropriation piece. Board Member Sanchez: Mr. Chairman, we want to avoid those two jungles, and the way to do it is every year we pass a budget, set amount for the CRA. Therefore, what we can do, for the sake of the CRA and the people that benefit from the CRA, is that we can't pass project after project after project not knowing the exact amount of funds. Because, at the end of the day, as we appropriate or obligate, whatever word you want to use, millions and millions of dollars and you don't end up having it. So we have to stay within the budget that we have and what we -- what we're looking for here is accountability to make sure that every project is time certain, project certain, and cost certain; and it falls within our budget so we know what item it may be, it's allocated towards that, the funds fall with this category and it's there. So, at the end of the year, we don't end up, you know, leading off the main road and falling into both jungles that you're talking about. Chairman Teele: Further discussion. Thank you very much. Mr. Harvey: Thank you. 16 April 28, 2003 0 r :�ROOMIN = N�;WARD AUTHORIZ E CRA` TQ ENTER -INTO SET`T`isElVIEN`FfAGREEMENT:,WITH` S:T: JOHNry ..x , EX TINE :. Ol�'IIVIUI\IITY DEVELOPIVIENT`�'- CQREOR�1'TION�`�' INC � �: , , l: •= LVING� LYRIC=VII:LAGE_ �.PROJ '°;_`: ;w:.. ';:". '. wLITIGATION INV �;��-` _ F O k. TYr =TO=TRANSFER_ TQ BG'ST:2 °AUTHORIZEEXECUTIVE'DIRECT,OR°:TO'REQUEST GI .»...:..-,y.....,.: w.„.. .., r ._ ._ .. ,..., .., va.s, r - - - :h.'. - '.ai:; ti.'.;',y' - `=i':n•.;,:::.:. .X _ :�J,OI3NF"COl��V1UNITY rD�EUELO, - t ,Tt Y, :CRA O ALLOCATED='�'I'0�:;��CRA'�.�TO��a=ENABLE°xCIT AND:M, VIO SLY_. J HN LEMENT riE ` ° BETWEEN'- CRA CITY -SAND O �� CONSLf1VIl�%IATE�.SETTAGREElVI NT v ,.CAGE PROJECT.::':; ':CDC:'=WTTH�•RESPECT:TQ`°LYRIC, IL _ er , . FER=v ST: EXECU'TIUE= DIRECTCOR TO RE UE5T ~CITY: T(J; TRANS TO, ' � � AUTHORIZE - a, ONSE'' "Thy §N�.r�INC�:���• k665 1�7�3 O H ORP. RA O -Q COl MTJNITY "DEVEI OPlY1EN`T "C O :: E=TLElV1EN P a :ENA:B LE ° TY- �tiAND'' :`CRA �r:';TO... �C�ONS,C�IVIMATE� I -IN DCWITHRESP,ECT TO::LYRIC': T::JO C AGREEMENTBETWEEN'CRA;;C ROJ P C. SLL -VIAGE"f.: -t 'fie• T E'�°, �=ITY �; 11524-'Z9:1-34`YIN�;CQNNECTIQN°:WI. AUTHORIZES. CRA TO:„ . � ,. I1VIB �S C :RE UR $ - EE &° RA `a<.CITY'" :'AND- Y ST"JOHN`-= SETTLEMENT=. mAGREElVIENT;J,BY ~AND yBETW N > C wCQl��1VIUNITY �DEVEI;OPIVIENT�'' .CO RPO 'RATION r;uINC.`==r'IO T :SETTIE'EIS.TING - - T4sa1A. ar:Sy.,, ;<;r. e3.•-::� :,.4Te rf IiIT�IGATION's - r, Chairman Teele: General counsel's -- Special Counsel's Report. William R. Bloom (Special Counsel, CRA): The first report relates to the Ward Rooming House, which is a historic structure -- or structure we're trying to be designated as a historic structure in Overtown. When the CRA (Community Redevelopment Agency) acquired the property, we acquired the property from all the known owners that we could locate at that time. The board, at that point, put a restriction on the property that the -- that other than trying to clear up the title defects by acquiring the balance of the interest in the property, the CRA could not spend any additional funds with respect to that property until the title was cleared. We've been diligently working at locating all the heirs. And before you, you have two charts. There's two lots involved, showing the various ownership interests and how we've tracked those people down. At this point, it's my understanding there are approximately three heirs left. We have to consent to the administration of the states, and then they have to consent to the CRA purchasing their interest. There's money that's been set aside in escrow for that purpose. So far, everyone we've approached, it's been found money to them. And they get paid based on their pro-rata interest in the property. And hopefully, we're going to get this resolved within the next two months. In addition -- Chairman Teele: Within what? Mr. Bloom: In the next two months. In addition, we've gone before the City of Miami Historic Preservation Board to see if we can get the site designated as a historic site. Feeling that if we weren't able to acquire a clean title that way, if it was designated as a historic site, so that it could only be redeveloped for that one purpose, that even if the CRA spent more funds in restoring the site -- since the owners would ultimately be stuck to maintain the property in its historic character -- that would achieve the purpose of the CRA. At this point, the historic -- the 17 April 28, 2003 City of Miami .Historic Board has retained a consultant- and they're currently analyzing that request. Chairman Teele: Comments. As you know, Frank, this project is one of the biggest eyesores now to the public. And it's CRA-owned and it's consistent with what is going on. We've had it now for about three years, I guess, is that right? Mr. Bloom: I think it's more like two, but it's been a long time. Chairman Teele: Two years. And we need to do something. The historic designation would mean that we could expend dollars without regard to who owns it at that point, because it would mean that those dollars are recognized by the federal government as being independent of the economic beneficial owner, but the public owns it if we can get that done. So, I would encourage you to continue to move on both tracks. And we need to do something to upgrade -- to reduce the graffiti implications of the house. Frank Rollason (Executive Director, CRA): All right. I'll look into that. Chairman Teele: All right. Mr. Counsel. Mr. Bloom: The second item to report upon is the proposed settlement with St. John's Community Development Corporation in connection with the Lyric Village Project. What's being passed out to you today "is a revised version of the settlement agreement, making some minor modifications to the one that was in your package. What's in front of you has been signed by St. John's Community Development Corporation. Representatives of St. John's Community Development Corporation are here today. What the settlement does for the CRA, St. John's and their partner, Lyric Village Housing, Inc., would relinquish all their rights, title, and interest in the Lyric Village Project, which is approximately two City blocks, one located immediately east of the Lyric Theater and one located immediately north of that block. In exchange for that, St. John's CDC (Community Development Corporation) would receive a total of one million dollars ($1,000,000). 'Of the one million dollars ($1,000,000), two hundred -- approximately two hundred and fifty thousand dollars ($250,000) would be used to pay off their existing architect on that project, to pay off their partner, and to satisfy approximately fifty-three thousand dollars ($53,000) in demolition liens for projects that were demolished in the Overtown area. The balance of the funds, six eighty-five thousand dollars ($685,000) would come from CDBG (Community Development Block Grant) funds. They would be utilized as seed money to St. John's to do predevelopment work in connection with a mixed -use development that is planned in the Overtown area. Five hundred and sixty-five thousand, four hundred and seventeen dollars and thirty-two cents ($575,417.32) of HOME (Home Investment Partnership Program) money would be utilized in connection with the St. John's Village Townhome Project, which is a 14- unit Townhome project that is budgeted at two million, four hundred thousand dollars ($2,400,000). Again, the HOME funds would basically enable that project to move forward and be successful. In addition, there's one hundred thousand dollars ($100,000) again, in HOME funds, which is designated for use by St. John's to help it build its staff over the next year and allow them to do redevelopment activities within the redevelopment, district. In addition, the CRA would be conveying to St. John's one parcel property that is needed to develop the mixed- 18 April 28, 2003 use project across from St. John's Church. We've had tremendous input from Commissioner Winton in negotiating this transaction. Barbara Rodriguez, from Community Development, was extremely helpful in explaining the requirements of HOME funds and'CDBG funds. And I think everyone is really pleased with the settlement and the opportunity for St. John's to do some constructive work in the Overtown and Park West area, and for the CRA to have this land freed up for future development. Chairman Teele: City of Miami participation. Mr. Bloom: The -- in the package -- at this point, the City of Miami in discussions -- although it hasn't been brought before the City Commission -- have verbally requested that the CRA reimburse the City for the cash portion of the settlement, approximately two hundred and fifty thousand dollars ($250,000). Now that was discussed as being over a period of years or at the time the project -- the Lyric Village land was sold. In your package is a memorandum going through some of the issues, because when the original RFP (Request for Proposal) was done, it was done by the City of Miami. The City of Miami owned the property. Some of the issues why St. John's claims the settlement -- the development didn't go forward was the inability of the City to convey the land to St. John's. So, for these reasons, it's clear the City was not an innocent bystander, but was an active participant in the RFP process and they should contribute towards the settlement. The extent -- Chairman Teele: Who awarded -- excuse me. Who awarded the contract? I mean, all this predates me by at least -- Mr. Bloom: An RFP was done by the City. The City Commission approved the selection, and then subsequent to that, documents were entered into between the venture and the CRA. Chairman Teele: What year did the City approve it? Mr. Bloom: In 1996. Chairman Teele: But the City approved it, not the CRA? Mr. Bloom: The City approved it in 1996. Vice Chairman Winton: Who will own the land at the end of the day? Mr. Bloom: The CRA -- the land has been conveyed to the CRA by the City. Vice Chairman Winton: OK. And another question that's kind of unrelated. What's the total number of housing units that St. John's will now develop with this -- with all the seed money? Mr. Bloom: At this point, the St. John's Village Townhome Project is 14 units. The mixed -use development is a much larger project, but they need the seed money, basically, to figure out what they can do from the zoning perspective and land use perspective. 19 April 28, 2003 0 9 Chairman Teele: Further discussion. Is there a motion to discuss it? Vice Chairman Winton: So moved. Board Member Sanchez: Second for the purpose of discussion. Mr. Bloom, when did you settle this agreement with St. John's CDC? Mr. Bloom: We've been working over this for a very long period of time, but we met with the representatives of St. John's on Friday, when it appeared that the. settlement was unraveling. And Friday afternoon, we reached an agreement. A revised draft was circulated, first thing this morning. Board Member Sanchez: OK. So you prepared this document first thing this morning? Mr. Bloom: The revised draft first thing this morning. We've been exchanging drafts since January. Again, if you look in your package, other than fine tuning changes, that package was in the agenda package that was circulated last week. Chairman Teele: Further discussion. All those in favor of the motion. The Board Members (Collectively): Aye. Chairman Teele: All opposed. That item is unanimously adopted. 20 April 28, 2003 • 0 The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: CRA/SEOPW RESOLUTION NO. 03-35 A RESOLUTION OF THE BOARD OF DIRECTORS OF SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (THE "CRA") AUTHORIZING THE CRA TO ENTER INTO A SETTLEMENT AGREEMENT IN THE FORM OF EXHIBIT "A" ATTACHED HERETO (THE "SETTLEMENT AGREEMENT") WITH ST. JOHN COMMUNITY DEVELOPMENT CORPORATION, INC. ("ST. JOHN CDC") TO SETTLE THE EXISTING LITIGATION INVOLVING THE LYRIC VILLAGE PROJECT (THE "PROJECT") STYLED CITY OF MIAMI AND THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY V. LYRIC HOUSING, INC. AND ST. JOHN COMMUNITY DEVELOPMENT CORPORATION, INC. CASE NUMBER: 00- 30414 CA 13 PENDING IN THE CIRCUIT COURT OF THE IlTx JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY (THE "PENDING LITIGATION"), SUBJECT TO THE CITY OF MIAMI (THE "CITY"): (a) AUTHORIZING THE CITY TO ENTER INTO THE SETTLEMENT AGREEMENT; (b) AGREEING TO FUND THAT PORTION OF THE SETTLEMENT TO BE PAID IN CASH (i.e., $249,582.68); (c) APPROVING THE REALLOCATION OF $565,417.32 IN HOME FUNDS FROM THE CRA TO ST. JOHN CDC; AND (d) APPROVING THE REALLOCATION OF $85,000.00 IN CDBG FUNDS FROM THE CRA TO ST. JOHN CDC. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Tomas Regalado Board Member Joe Sanchez NAYS: None ABSENT: Board Member Angel Gonzalez Chairman Teele: Now, does this item need to be referred to the City Commission? Mr. Bloom: This item needs to -- there's a series of motions. One was approving the settlement. One, was asking the City to reallocate to St. John's eighty-five thousand dollars ($85,000) in CDGB funds to St. John's. Another -- Chairman Teele: Hold it. Is there a motion? 21 April 28, 2003 ,I Board Member Sanchez: Well, we still haven't voted on resolution 1, which is (INAUDIBLE) -- Chairman Teele: We just passed that. He just said the second motion he needs is a motion of the CRA Board requesting that the City consider the reallocation of eighty -- Mr. Bloom: Eighty-five thousand dollars ($85,000) in CDBG funds -- Chairman Teele: From the CRA. Mr. Bloom: -- from the CRA to St. John's. Vice Chairman Winton: So moved. Chairman Teele: Is there a second? Board Member Sanchez: Second. Chairman Teele: Is there objection? All those in favor say "aye." The Board Members (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: CRA/SEOPW RESOLUTION NO. 03-36 A RESOLUTION OF THE BOARD OF DIRECTORS OF SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (THE "CRA") AUTHORIZING THE EXECUTIVE DIRECTOR TO REQUEST THE CITY OF MIAMI (THE "CITY") TO TRANSFER TO ST. JOHN COMMUNITY DEVELOPMENT CORPORATION, INC. ("ST. JOHN CDC") $85,000.00 OF THE CDBG FUNDS PREVIOUSLY ALLOCATED TO THE CRA TO ENABLE THE CITY AND THE CRA TO CONSUMMATE THE SETTLEMENT AGREEMENT (THE "SETTLEMENT AGREEMENT") BETWEEN THE CRA, THE CITY AND ST. JOHN CDC WITH RESPECT TO THE LYRIC VILLAGE PROJECT (THE "PROJECT"), WHICH TRANSFER SHALL BE CONTINGENT UPON THE CITY AND THE CRA EXECUTING THE SETTLEMENT AGREEMENT. 22 April 28, 2003 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny'L. Winton Board Member Tomas Regalado Board Member Joe Sanchez NAYS: I INone ABSENT: Board Member Angel Gonzalez Mr. Bloom: The third motion is a motion for the -- requesting the City reallocate the five hundred and sixty-five thousand -- excuse me -- six hundred and sixty-five thousand, four hundred and seventeen dollars and thirty-two cents ($665,417.32) of HOME funds from the CRA to St. John's. Vice Chairman Winton: So moved. Chairman Teele: Is there -- Board Member Sanchez: Second. Chairman Teele: Is there objection? All those in favor say "aye." The Board Members (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: CRA/SEOPW RESOLUTION NO. 03-37 A RESOLUTION OF THE BOARD OF DIRECTORS OF SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (THE "CRA") AUTHORIZING THE EXECUTIVE DIRECTOR TO REQUEST THE CITY OF MIAMI (THE "CITY") TO TRANSFER TO ST. JOHN COMMUNITY DEVELOPMENT CORPORATION, INC. ("ST. JOHN CDC") $665,417.32 OF THE HOME FUNDS PREVIOUSLY ALLOCATED TO THE CRA TO ENABLE THE CITY AND THE CRA TO CONSUMMATE -THE SETTLEMENT AGREEMENT (THE "SETTLEMENT AGREEMENT") BETWEEN THE CRA, THE CITY AND ST. JOHN CDC WITH RESPECT TO THE LYRIC VILLAGE PROJECT (THE "PROJECT"), WHICH TRANSFER SHALL BE CONTINGENT UPON THE CITY AND THE CRA EXECUTING THE SETTLEMENT AGREEMENT. 23 April 28, 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 Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Tomas Regalado Board Member Joe Sanchez NAYS: None ABSENT: Board Member Angel Gonzalez Mr. Bloom: And the fourth motion is a motion requesting an agreement that the City would -- the CRA would reimburse -- Board Member Sanchez: Reimburse the City. Mr. Bloom: -- the City for one-half of the cash outlaid by the City as part of the settlement. Board Member Sanchez: Which totals what? Mr. Bloom: Two hundred forty-nine thousand; five hundred eighty-two dollars -- Board Member Sanchez: So, it's half of that. Mr. Bloom: -- and sixty-eight cents ($249,582.68). Board Member Sanchez: So moved. Vice Chairman Winton: Second. Chairman Teele: Is there objection? All those in favor say "aye." The Board Members (Collectively): Aye. 24 , April 28,2003 • The following resolution was introduced by Board Member Sanchez, who moved for its adoption: CRA/SEOPW RESOLUTION NO. 03-38 A RESOLUTION OF THE BOARD OF DIRECTORS OF SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (THE "CRA") AUTHORIZING THE CRA TO REIMBURSE THE CITY OF MIAMI (THE "CITY") IN THE AMOUNT OF $124,791.34 REPRESENTING ONE-HALF OF THE PAYMENTS TO BE MADE BY THE CITY IN THE AMOUNT OF $249,582.68 IN CONNECTION WITH THE SETTLEMENT AGREEMENT (THE "SETTLEMENT AGREEMENT") BY AND BETWEEN THE CRA, THE CITY AND ST. JOHN COMMUNITY DEVELOPMENT CORPORATION, INC. ("ST. JOHN CDC") TO SETTLE THE EXISTING LITIGATION INVOLVING THE LYRIC VILLAGE PROJECT (THE "PROJECT") STYLED CITY OF MIAMI AND THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY V. LYRIC HOUSING, INC. AND ST. JOHN _COMMUNITY DEVELOPMENT CORPORATION, INC. CASE NUMBER: 00-30414 CA 13 PENDING IN THE CIRCUIT COURT OF THE IITH JUDICIAL CIRCUIT IN AND FOR MIAMI- DADE COUNTY (THE "PENDING LITIGATION"), WHICH REIMBURSEMENT SHALL BE MADE UPON THE EARLIER TO OCCUR OF (a) THE SALE OF SUBSTANTIALLY ALL OF THE PROJECT OR (b) FIVE (5) YEARS FROM THE DATE THE SETTLEMENT AGREEMENT IS EXECUTED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Tomas Regalado Board Member Joe Sanchez NAYS: None ABSENT: Board Member Angel Gonzalez Chairman Teele: Is there anything else on this, Mr. Bloom? Mr. Bloom: No, sir. Chairman Teele: Frank. 25 April 28, 2003 0 Mr. Rollason: Yes, sir. Chairman Teele: I want to -- let me yield to the distinguished pastor of St. John's, Reverend Nevins. Welcome. Reverend Nevins: Mr. Chairman, and to the Commissioners and to City Manager and -- Mr. Winton, we heard of your accident and we have been praying desperately for you. Vice Chairman Winton: Thank you. Reverend Nevins: And we hope everything's all right. Vice Chairman Winton: I'm sure I need all the prayers I can get. Reverend Nevins: Mr. Chairman, I just found out that -- the project with the church. I told them because I wasn't in the meeting on Friday with Mr. Bloom, and I thought everything was all right there. But I was just told that that portion was taken out. Chairman Teele: Your lawyers took that out. I think what would be good if Mr. Bloom and your lawyer and you met, because it was -- I know that the church felt very strongly about it, but the lawyers for the CDC insisted that it be taken out. For what reason, I don't know. But I don't think this would be the forum to -- Mr. Bloom: Commissioner, what I would suggest is that the lawyers for St. John's wanted that to be dealt with in a separate document. So for the next CRA Board meeting, we'll have a resolution dealing with issues regarding the fence, the painting, and the paving of the parking lot. Reverend Nevins: OK. Chairman Teele: And the sandblasting of the -- Mr. Bloom: Right. Chairman Teele: Yeah. Is that satisfactory to you, Reverend Nevins? Reverend Nevins: Yes, sir. I'll know what to tell them when I get back. And I just would like to say thanks to the Commissioners, thanks to Mr. Bloom, and thanks to each and ,every one who had something to do with this project. Thank you very, very much. Chairman Teele: Thank you. And Reverend Nevins, I want to apologize, if you did not understand. We were communicating primarily through our lawyer. When your lawyer -- when our lawyer explained to us that .your lawyer had objected -- but I realized that that discussion had been held in several public meetings, and I know that the church feels -- so we'll ask our lawyer to make himself available to come before the board of trustees or whatever is necessary, because I, too, am concerned about the statements -- the commitments that have been made that are not encompassed in this agreement. 26 April 28, 2003 • Reverend Nevins: Thank you very much, sir. Thank you very much. Thank you. Chairman Teele: And I would also like to acknowledge and commend Commissioner Winton, because this item predates all of us. It's language -- it's like -- and Linda -- Ms. Haskins, I think, you know, all of us here on the dais pretty much -- these items predate us. All of these lawsuits are matters that were awarded some five years, some eight years ago, some seven and upwards of ten years. And I think it's really important that we try to work through in an orderly way with the City and the CRA working as a partnership and as a team. And I think Commissioner Winton has demonstrated a lot of good faith on that. We have to change tables and hear this as City Commissioners. But I do hope, if there's going to be some objection from the City staff, that you'll come to us early on on it. Because all of these items were pretty much designed by the City, awarded by the City. And I think Commissioner Winton asked the most important pregnant questions on dollars and that is, who has the land? Because, you know, if you have the land, then you have the ability to pay some of it back. And it think that's there, but I also note that, you know, we have a Department of Risk Management that is designed to do that. This settlement comes deeply out of the pain -- out of the hide of the CRA. I mean, these are dollars that are coming forth, but they are dollars earmarked by the City to the CRA, which the CRA, in effect, is subcontracting, or the legal term would be we're relinquishing those funds for the reallocation back to St. John's. And I think it's appropriate. But I just wanted to make sure that City staff and the person -- or the City Manager is, you know, on board in understanding what our thinking is. And if there's going to be, that we give sufficient notice to St. John's so that we're not hearing an item before the City Commission that does not have the representative of St. John's present as well. Vice Chairman Winton: Mr. -- Reverend Nevins: Again, I would like to say, on behalf of the entire board of the St. John's CDC and the St. John's Baptist Church, thank you very much. Chairman Teele: Thank you. Linda Haskins: Commissioner, Linda Haskins, Chief Financial Officer, City of Miami. We did work with -- in a cooperative spirit to get this done. And I understand the issues. The recommendation from me going to the City Manager is to -- my recommendation is to approve the settlement. In representing the City, I do want to discuss with them the potential to be repaid for the 250,000. I understand the concerns from both sides, but in my role, I felt like I needed. to raise that issue. But again, I know that this is in the best interest of the City, and certainly, the best interest of the CRA to get this litigation settled. Vice Chairman Winton: Mr. Chairman. Chairman Teele: Yes, sir Vice Chairman Winton: I think, in addition to getting rid of a lawsuit that could have hung around for another two or three years, the thing that excited me the most about it is that St. 27 April 28, 2003 John's CDC and us, jointly, determined early on that our willingness to provide funds to St. John's CDC that it didn't have all the same restrictions that other funds have that could allow them to actually go out and build housing in Overtown was the most exciting part of this City. Almost every dollar, in one fashion or another -- except the 250 to get rid of the earlier mess -- almost all of the rest of that money really is geared towards getting housing built in Overtown. And we had very, very frank discussions early on in our negotiations about how important that was, and that we were all going to be watching. And St. John's made an absolute commitment to do that. We've provided them with some money that they need to do it. And I think, in this settlement, the whole community is going to come out the big winner. And to St. John's and your board and the CDC and everybody, get those shovels out there tomorrow. Let's get rocking and rolling and it was a pleasure dealing with you. Chairman Teele: All right. Thank you. 28 April 28, 2003 • ;'�Er1GINEE"R=,.TOE-ERO.UIDE�,TECHhTIGAI:=;A5SIST s _ _ °.OVERTOWN r'�R.`.E• NA:,I.:.ScosS'._•AUTHORIZE:,l.Y:t .Y«$OO,,.T Ou'VCOV, ERCOANCE.`,roV PY,"•Rh"AID EKING �S G Chairman Teele: I see the Mayor's representative has come, so we can take these two items up. Michelle -- did I see her? Ms. Walker, why don't you just come forth. Number 4. We're back to the -- Michelle, you want to yield to Ms. Walker just for a minute here? Ms. Walker, thank you. We've gotten several calls from the County Commissioners who've expressed concern, and we appreciate you coming today. Sandy Walker: Thank you very much. My name is Sandy Walker. I'm president of Overtown Renaissance Properties, located at 801 Northwest 3rd Avenue. I have a document here. Again, the building that we own in Overtown is located at 801 Northwest 3rd Avenue, which is at the corner of 3rd Avenue and 8th Street, a very prominent and visible building in the Overtown community. Chairman Teele: It's probably the most prominent building today in the Overtown community. This is right as you get up on the ramp going up 95 at 8th Street. And it's what, 75 years old? Ms. Walker: Yes. Absolutely. Chairman Teele: And it was a part of the Carver structure. Your request, as I understand it, is for technical assistance, and to begin a process to try to work with the staff and, in particular, the water and sewer issues. And I think what you're asking for, as I read this, is for our consulting - engineer -- Ms. Walker: Yes, sir. Chairman Teele: -- through our Executive Director, to work closely with you to see if we can get some kind of redress. Board Member Sanchez: So moved, Mr. Chairman. Vice Chairman Winton: Second. Chairman Teele: Let's put an upward limit on the consulting engineer, though, of let's say, five thousand dollars ($5,000). Board Member Sanchez: Maker of the motion accepts the 5,000. Chairman Teele: And -- Vice Chairman Winton: What is the use of this property? I don't -- I can't -- 29 April 28, 2003 i Chairman Teele: Well, right now, the primary use of the property is residential. But more importantly, it's the billboard of Overtowii. It's -- Board Member Sanchez: Horrible. Chairman Teele: It's really a beautiful building, but it does have a lot of scenic pictures. Unfortunately, it was used as a backdrop for a gubernatorial campaign that describes statewide the horrors of urban living ten years ago. Ms. Walker, did you want to say anything before we started to cut you off on this? Because I think, you know, we obviously want to work with property owners. We want to work particularly with property owners of historic buildings. And I, for one, note that the City, you know, bulldozed the building right next to it, which was one of the most historic buildings there, the Carver Hotel. So we don't want to revisit that. Are there any other issues that you'd like to work with the Executive Director on? Ms. Walker: Well, I do realize that you, you know, have a lengthy agenda this evening, and I certainly want to thank you for your support. I am concerned, however, that with the relocating of utilities in the area, we received substantial damage. And if you could also provide some TA, Technical Assistance, in that area. Chairman Teele: What do you mean? You -- Ms. Walker: Well, with -- Board Member Sanchez: I don't understand. What do you mean? Ms. Walker: Well, with the relocation of some of the cable lines, the infrastructure in the area, we received damage to our building and we had a major problem that we are working with Water & Sewer on. So, in addition to the situation with the high utility bills, we had that problem to occur as well, and we're not sure if they're related. Board Member Sanchez: Isn't that existing structure empty right now? Ms. Walker: No. Board Member Sanchez: There's people there? Ms. Walker: We have tenants. Chairman Teele: People live in there. Board Member Sanchez: Tenants there? Ms. Walker: Yes. Board Member Sanchez: Wow. 30 April 28, 2003 • Vice Chairman Winton: It seems to me, Mr. Chairman, if I may, that we could direct the Executive Director to -- I'm sorry. Ms. Walker -- to work with Ms. Walker to identify a little more precisely what the issue may be, and then he could bring a recommendation back to us in terms of whether we can help or can't help. I would think we could help just in terms of helping put some pressure on whoever it is that created the damage. Chairman Teele: Well, don't say that. Don't say that because that would be us. Board Member Sanchez: Yep. Vice Chairman Winton: We created the damage? We (INAUDIBLE) the lines? Board Member Sanchez: Yeah. The wiring, yes. Chairman Teele: See, what happened is -- I wouldn't say we did it, but we forced and we caused the relocation of the utilities as a part of the P Avenue Corridor extension. Vice Chairman Winton: Were we the contractor? Board Member Sanchez: No. Chairman Teele: No, we would not be the contractor. Vice Chairman Winton: So, it's not us. It's the contractor. And even if it is us, I mean, we may end up being on opposite sides of this, but at least, initially, the right thing to do is go out and determine if we're the cause. And if we are, we've got to step up. Board Member Sanchez: Frank, we are hiring with insurance, right? Mr. Rollason: Yes. Yes, we are. Chairman Teele: All right. Well, I think the motion -- Board Member Regalado: Mr. Chairman. Chairman Teele: Commissioner Regalado. Board Member Regalado: Just a brief comment. I think that one of her major issues is the water bill. And -- Board Member Sanchez: The leak. Board Member Regalado: Yeah, because of a leak, the water bill. I don't know how long this consultant will take, but meanwhile -- I mean, Water & Sewer, they just don't pay attention to anybody. So, you're going to have that problem for several months. So that's -- to me, that's an issue that it's important somehow we need to help it. Because when -- if you were to fix the leak 31 April 28, 2003 0 0 with a licensed plumbing firm, maybe we can here, the CRA, get WASA (Water and Sewer Authority) to give you credit for what you paid. Because that's what -- you know, that's the only thing they do to fix the leak. But I -- it seems to me that, you know, you're seeking help in other areas, but your problem -- your main problem is the water bill. Ms. Walker: Absolutely. Chairman Teele: On the motion, and I just want to say that I think the whole essence of this redevelopment effort is dealing with these kinds of problems, the problems of buildings that have been abandoned, buildings that have people in them that have infrastructure problems. And I think a part of what we've got to try to do is not take the corps of engineers approach, which is bulldoze the building, and we've got to really work at redevelopment. So, I appreciate you having the confidence in us to come. And I appreciate the words of concern from several people in the community about maintaining this building. Who is the family that owned this building for years? Was this a Stirrup? Ms. Walker: Yes. It was a Stirrup property owned by the Simpson family. And the father of Dr. Dazelle Simpson originally built the building. And they're very proud in the community of that location. It's my understanding that the very first African -American doctors in the community, which were the Simpsons, had their offices there for a number of years. It was also one of the early locations of the NAACP (National Association for the Advancement of Colored People) offices. And it served the community well over the years, and we would like to restore it and have it continue to serve the community. And clarification to Commissioner Sanchez' point as to whether or not the building was occupied. The bottom floor, which is the most visible when you're traveling, is unoccupied. That's the commercial space and it is boarded. However, the second and third floors have tenants, which are rental properties at this point. Chairman Teele: On the motion to direct the Executive Director and the consulting engineer to provide technical assistance and to report back to us within say, 60 days? Board Member Sanchez: Sixty days. Not to exceed 5,000. Chairman Teele: All in favor say "aye." The Board Members (Collectively): Aye. Chairman Teele: All opposed. 32 April 28, 2003 U The following motion was introduced by Board Member Sanchez, who moved for its adoption: CRA/SEOPW MOTION NO.03-39 A MOTION AUTHORIZING AND DIRECTING THE EXECUTIVE DIRECTOR OF THE COMMUNITY REDEVELOPMENT AGENCY (CRA) TO COORDINATE THE CRA'S CONSULTING ENGINEER TO PROVIDE TECHNICAL ASSISTANCE TO MS. SANDY WALKER IN CONNECTION WITH EXISTING PROBLEMS RELATED TO THE OVERTOWN RENAISSANCE PROPERTY LOCATED AT 801 N.W. 3 AVENUE; FURTHER AUTHORIZING AN AMOUNT NOT TO EXCEED $5,000 TO COVER THE COSTS OF SAID ENGINEERING SERVICES. (Here follows body of motion, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Joe Sanchez Board Member Tomas Regalado NAYS: None. ABSENT: Board Member Angel Gonzalez Chairman Teele: Thank you, Ms. Walker. Ms. Walker: Thank you. Board Member Sanchez: Thank you. 33 April 28, 2003 • 0 J AS:.FESTNAL;. �TQ�'�CE�LEBRAT �'-hS.'-rBICENTENNIAI;... E <r+ 22 QOO: , EROM:;.GENERAL"FUNDS=° TY rQFs�CONZIVIUNIy�:�REDEVEL>QPrM E, ��A ENCY AND.O R- MNI� FUNDS::µ t. G Chairman Teele: All right. We're delighted to have representatives of the Mayor's office and the Festival Committee: Michelle Spence: And the A & E (Arts & Entertainment) Council. Board Member Sanchez: Arts and Entertainment. Chairman Teele: And the Council. Ms. Spence: Good evening. I have with me Robert Parente. Chairman Teele: Your name? Ms. Spence: I'm Michelle Spence, Mayor's Office of Manny Diaz. And I'm actually coming to show support for the upcoming event, Compas Fest. We're utilizing the event as a means of launching off the Haitian Bicentennial on May 15`h at the Margaret Pace Parka We wanted to let you know that we truly support the event. Robert Parente has a few words to add. Robert Parente (Director of the Mayor's of Film, Arts & Entertainment): I do? Commissioner Teele, we recognize that the Bicentennial is a significant event in the Haitian community. On May 151h, there's going to be a reception with your office as a co-sponsor, which. will kick off the Haitian Bicentennial Festival, which will last until the official January I'', 2004 grand event to celebrate the bicentennial. And we're here today to lend our support in any way we can and ask the CRA (Community Redevelopment Agency) to lend its support to these events that we'd like to do. Chairman Teele: What's the -- is Nancy or is someone here from the event? Could you all read into the record what it is you're asking for, please? Your name and address for the record. Nancy Pierre Louis: My name is Nancy Pierre Louis, Marketing Director with the Haitian Compas Festival. Good evening, Board. What we're asking is, we're asking the City for -- to financially support this great event, which is taking place on Thursday, May 151h at the Margaret Pace Park. We're asking them to financially support the event because we're going to have delegate -- Haitian Delegate Council and other dignitaries, as well as international and local press, and international and local performers at the press conference to take place on Thursday. So we're asking the City to fund the -- actually, the press -- Board Member Sanchez: The CRA. Chairman Teele: What's the amount -- the CRA. Ms. Pierre Louis: CRA. I'm sorry. 34 April 28, 2003 Chairman Teele: What's the amount you're asking for? Ms. Pierre Louis: Twenty-two thousand. Chairman Teele: All right. Let me just say two things. Is Commissioner Regalado here? Vice Chairman Winton: Yeah. He's in the back. I see him. He's behind the column. Chairman Teele: Commissioner Regalado here? This event, I think, is clearly one of the most important events. I think what was not stated was the fact that the flag of Haiti was created 200 years ago in May, not with the date of independence. It actually was created, I think, six, seven months before. And I'm well aware of the Mayor's strong support for this. Where we are, though, as I think coming to the downtown Omni area is actually a very good idea and I strongly support it. So, if I could, to the Vice Chairman, I would like to make the motion to support the request of the various counsels, and the amount coming from the general funds of the CRA or the -- and/or the Omni funds, as appropriate. So moved. Vice Chairman Winton: Do we have a motion? Sorry. I have a motion. Need a second. Board Member Regalado: Second. Vice Chairman Winton: I have a motion and a second. Discussion. I will comment. And I'm not going to say anything that I haven't said 800 times before. And I recognize the importance of this event, as well. The interesting thing is that this is a very unique and one-time event. But as you all know, I'm not nearly as big as -- you know, I understand the concept. I vote for it all the time, but this festival stuff drives me nuts. And I have a real philosophic -- I move -- Commissioner Teele has moved me a long way here in three years, because when I first got to the Commission, I would -- you know, it was no, no, no, no. Chairman Teele: No, no, no. Vice Chairman Winton: And he's moved me a long way, but I'm still not all the way there. And so, I struggle with government's role in spending taxpayer dollars on this kind of thing. This is - - if this was a repeat kind of thing, where it's a new event and we're going to do it every year, I wouldn't support it. And the only reason I'm saying that is, it doesn't have anything to do with y'all, but it's just part of the statement that I want to keep getting out on the public record. I'm hugely troubled by these kinds of things. I don't know where I ought to land because there's clearly some kinds of role for government. The question is how far? And I don't know how far is too far. This is a one -- a very unique one-time kind of event, and so I am going to support it. But I felt obligated to put this other part on the record in case there's somebody out there in the audience that's thinking about coming before the CRA soon because they've got an idea about some new festival they want to start up, and they're not getting my support. Sorry. So we have a motion, second. Further discussion. Board Member Regalado: Yes, Mr. Chairman. 35 April 28, 2003 CJ Vice Chairman Winton: Yes, sir. Board Member Regalado: Chairman, just very briefly. You know, when you want to look nice, you go out and buy a nice suit and a nice tie, and it costs money. And if we want to be the international City that we say we are, this is the pain that we have to suffer. We have to get the money from somewhere because -- see, the problem is that we celebrate our diversity, but that diversity costs because all the communities have the right and we have the need to support everything that comes along with being a multi -cultural, multi -race community. It's -- you know, it's something that we didn't -- the City of Miami didn't ask for. It's because of fate and because of foreign policy that we are what we are. And I understand exactly what you're saying, but you know, we -- I will be supporting any event coming from right and left because it's part of what we are. And we need to -- Chairman Teele: You don't mean left. Board Member Regalado: Well, I can be -- Chairman Teele: Right or (INAUDIBLE) right. Board Member Regalado: I can -- well, all right. Let's say this: I will support events coming from the center and the right. But seriously, you know what? What now -- what we need now is the community -- the Haitian community to support what we are doing here. And what I mean is, you know, now you have two full-time TV (Television) cable access channel, radio stations. The community needs to know that. And it needs to know what the CRA and what the City is doing. It needs to -- and you have to show it to us and maybe the Mayor's office group can work with them. Because I mean, it's not about tooting our horn or anything. It's just that we want the community to know that the City is throwing its weight on this event. And so, I would, Mr. Chairman, ask that we get a report, in terms of public relations, of what we did here today and this report that this agency is giving to the bicentennial in terms of, you know, putting out the word to the community. Vice Chairman Winton: I see Robert Parente shaking his head "yes," so I'm assuming that means yes, yes. Any further discussion? Being none, all in favor "aye." The Board Members (Collectively): Aye. Vice Chairman Winton: Like sign opposed. The motion carries. 36 April 28, 2003 • The following motion was introduced by Chairman Teele, who moved for its adoption: CRA/OMNI MOTION NO. 03-31 A MOTION IN SUPPORT OF THE "COMPAS FESTIVAL" TO CELEBRATE HAITI'S BICENTENNIAL BY GRANTING AN AMOUNT NOT TO EXCEED $22,000 FROM GENERAL FUNDS .OF THE COMMUNITY REDEVELOPMENT AGENCY (CRA) AND/OR THE OMNI FUNDS AS APPROPRIATE. Upon being seconded by Board Member Regalado, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Joe Sanchez Board Member Tomas Regalado NAYS: None. ABSENT: . Board Member Angel Gonzalez Vice Chairman Winton: Mr. Chairman. Ms. Pierre Louis: Thank you. Chairman Teele: Thank you very much. Thank you all. And, Johnny, let me -- Frank Rollason (Executive Director, CRA): Mr. Chairman, could I make a comment, please, on that issue? As a matter of process, I would encourage you to refer the individuals that come to you on these different items to our office so that we can take a.look at it and be able to sit here and make some type of educated -- where we're at financially when these items come. Twenty- two thousand dollars ($22,000) is certainly not going to break the bank, but I think that the process of how we go forward with these things is important if we start -- going to get a handle on the finances. And I -- and no different than when any items come to you in any other way. If you send them our way, at least we'll get a picture and be able to look at it and come here if we are asked something. Chairman Teele: I think that's most appropriate and I'll make sure that -- I guess the meeting was held Friday in the Mayor's office. I found out about it. And I mean, I'm very supportive of what they're doing. I would only, also, add to you, Commissioner Winton, my personal support. Because I realize that you voted against events going on in Coconut Grove in the past. And again, I just think it's important that we note that while we are, as Commissioner Regalado talks about, the most important City in the hemisphere and all of that, we brag about that. We really do have to project that in our policies, in our appointments, and in our financial things. And I'm 37 April 28, 2003 i 9 just delighted -- and I would hope that the DDA (Downtown Development Authority) also would look at ways to enhance, particularly, the Caribbean community throughout this. 38 April 28, 2003 • 9 e:r4P e': JECT VEMENT'PRO �'8: sSTATLJSFREPORT�ON,:GAPITAI':IlVIPRO Chairman Teele: What's the next item? Board Member Sanchez: Seven. Chairman Teele: Item Number 7. Board Member Sanchez: Capital project status report. Frank Rollason (Executive Director, CRA): Item 7, Vice Chairman Winton, this is the item that we met in your office on several occasions and discussed. We've held it on -- for several meetings, being that you were, you know, not able to attend. At best, it is a rudimentary presentation of what a project is, but it's to the point that -- I think what you were looking for is that people that are not into the financial side of reading these ledgers would be able to tell what's happening with money. Excuse me. This particular project we used just as an example only because no activity has taken place. What we are doing now is replicating this with the sidewalk project that's going on. So you'll be able to see exact expenditures, and that's the first one that we actually got in the pipeline. . Vice Chairman Winton: And I think the report's great. And, you know, over time, we may decide, after we sit here. and look at it a few times, that we want a couple of modifications to it. If we do, we'll modify it. But this is a great start and I -- you know, I think it's important for us to see one of these sheets attached to every single -- Mr. Rollason: Right. Vice Chairman Winton: -- request that you bring forward to us. Mr. Rollason: That's the intent. Vice Chairman Winton: Thank you. 39 April 28, 2003 AUTHORIZE EXE'CiJTIVE': v'`DIltECTOR TO' - rPRQVIDE>" $ 0000 _ TO ``:FIORIDA - ,:. IN; � PR� T :=r��s O C INTEREST F.�I; - ., Chairman Teele: Item 8. Board Member Sanchez: So moved, Mr. Chairman. Chairman Teele: Is there a second? Vice Chairman Winton: Second. Chairman Teele: Is there objection? All in favor say "nine" -- "aye." The Board Members (Collectively): Aye. The following resolution was introduced by Board Member Sanchez, who moved for its adoption: CRA/SEOPW RESOLUTION NO. 03-40 A RESOLUTION OF THE BOARD OF DIRECTORS FOR THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY (CRA), AUTHORIZING THE EXECUTIVE DIRECTOR TO PROVIDE FUNDING TO THE FLORIDA REDEVELOPMENT ASSOCIATION (FRA), IN AN AMOUNT NOT TO EXCEED $2,500.00, FOR THE PURPOSE OF HIRING A LOBBYIST TO PROTECT THE INTERESTS OF LOCAL CRAs; ALLOCATING FUNDS THEREFOR FROM THE SEOPW TIF ACCOUNT CODE NO. 689001.550108.6.940. CRA/OMNI RESOLUTION'NO. 03-32 A RESOLUTION OF THE BOARD OF DIRECTORS OF ' THE OMNI COMMUNITY REDEVELOPMENT AGENCY (CRA), AUTHORIZING THE EXECUTIVE DIRECTOR TO PROVIDE FUNDING TO THE FLORIDA REDEVELOPMENT ASSOCIATION (FRA), IN AN AMOUNT NOT TO EXCEED $2,500.00, FOR THE PURPOSE OF HIRING A LOBBYIST TO PROTECT THE INTERESTS OF LOCAL CRAs; ALLOCATING FUNDS THEREFOR FROM THE OMNI TIF ACCOUNT CODE NO. 686001.590320.6.940. 40 April 28, 2003 0 0 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Tomas Regalado Board Member Joe Sanchez NAYS: None ABSENT: Board Member Angel Gonzalez 41 April 28, 2003 Chairman Teele: Item Number 9, resolution authorizing -- Vice Chairman Winton: So moved. 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 Vice Chairman Winton, who moved for its adoption: CRA/SEOPW RESOLUTION NO. 03-41 CRA/OMNI RESOLUTION NO. 03-33 A JOINT RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCIES (THE "CRAS"), AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AMENDMENT #1 TO THE INTERLOCAL COOPERATION AGREEMENT (THE "AGREEMENT")BETWEEN THE CRAS AND THE CITY OF MIAMI (THE "CITY") IN SUBSTANTIALLY THE ATTACHED FORM RELATING TO THE CURRENT REQUIREMENTS ATTACHED TO COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDING AND REPLACING THE CDBG FUNDING WITH GENERAL FUND SUPPORT FUNDS, ON AN ANNUAL BASIS, IN AN AMOUNT NOT TO EXCEED THE PRESENT CDBG FUNDING AMOUNT OF $379,900.00, UNLESS AGREED TO BY THE CITY OF MIAMI. 42 April 28, 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. Vice Chairman Johnny L. Winton Board Member Tomas Regalado Board Member Joe Sanchez NAYS: None ABSENT: Board Member Angel Gonzalez 43 . April 28, 2003 i �" � � � � E�=TOR•`: TO'����EXECUTE���AlVIE'NDIVIENT;;'�NO'.x 2:��:TO --1�=1 �'"�AUTHQRIZE>:�EXECtTTIVE���DIREC _ — NERS 4CONCERNII�TG"UPDATE EXISTING;AGREENIEN:T.WITHDO , �.:,.w.,.7: , . ;..�;:,g:,..:v, r..-' _• m=- .,: -.,.a :':.t-..',.� � :".. S;n9:•,,,., ;;.� .: _�,r..:..-�- :;:, .:_;M,.. ;.r-.., , .,.� A T OVERTQWN WEST: REDEVELOPIVIENT.?PLAN $60,000 0"0 EQIZ "OFYS.OUTHE S, ,s ,x C ; G SCOPE'. OF $SERVICES < TO INCLUDE = TASKA=HEIGHT:. PURPOSE OF INRE SIN PREPARATION AND .SUBM `(OF REGULATION; DUCUlV1ENTS.: -IT'I'AL.. Chairman Teele: Item Number 10. Vice Chairman Winton: So moved. Chairman Teele: Is there a second? Board Member Sanchez: Second. Chairman Teele: Is there objection? All in favor say "aye." The Board Members (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: CRA/SEOPW RESOLUTION NO. 03-42 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY (CRA), AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AMENDMENT NO. 2 TO THE EXISTING AGREEMENT WITH DOVER, KOHL & PARTNERS ("DOVER KOHL") CONCERNING THE UPDATE OF THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PLAN ("THE PLAN"), IN AN AMOUNT NOT TO EXCEED $60,000.00, THEREBY INCREASING THE AGREEMENT AMOUNT FROM $306,000.00 TO $366,000.00, FOR THE. PURPOSE OF INCREASING THE SCOPE OF SERVICES TO INCLUDE A NEW TASK ENTITLED, "TASK EIGHT — PREPARATION AND SUBMITTAL OF REGULATION DOCUMENTS"; ALLOCATING FUNDS THEREFOR FROM THE SEOPW TIF FUND ENTITLED "PROFESSIONAL SERVICES — OTHER," ACCOUNT CODE NO, 689001.550108.6.270. 44 April 28, 2003 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Tomas Regalado Board Member Joe Sanchez NAYS: None ABSENT: Board Member Angel Gonzalez Vice Chairman Winton: And by the way, Commissioner -- Mr. Chairman, this is a classic example where this form would be perfect. And I -- just so Frank knows, I won't approve any capital improvement expenditure, beginning with the next meeting. I'll vote to -- I'll make a motion defer -- Chairman Teele: To defer. Vice Chairman Winton: -- if this report isn't attached to the -- Frank Rollason (Executive Director, CRA): All right. I had envisioned this being a report that would attach to, like you say, capital projects. This is really an expansion of the planning process — Vice Chairman Winton: So, let's back up. Mr. Rollason: OK. Vice Chairman Winton: It ought to be for all major contracts and capital improvements. Mr. Rollason: OK. Vice Chairman Winton: You know. Mr. Rollason: We can do that. Vice Chairman Winton: I think it'd be -- Mr. Rollason: We can do that. There'll just be some of those that'll be blank going across there because — Vice Chairman Winton: Right. 45 April 28, 2003 0 u Mr. Rollason: But that's not a problem. Vice Chairman Winton: OK. Thank you. 46 April 28, 2003 0 TABI✓I H '} CONIlVIUNITY ::'REDEVEIlOAlV1ENT ;AGENCY' 12: CREATE ..:AND ES. S "Q�ERSIGHT;�;COMIVIITTEE`":FOR" "S4 IJTI=iEASTOUERTO W NLPA.RK�:. QUEST' -AND'= O MNI' REDEVELOPIVI�ENT�=DISTR:IC`T:.COMIVICII�tI�T:YREpEVEI;OPIVIENT'AGENCIES`:"�k`�:�t �h�;�:w:,{��<y'>: t - Chairman Teele: Item Number 11. Board Member Sanchez: So moved. Vice Chairman Winton: Oh. Board Member Sanchez: Mr. Chairman, if I may. On the resolution, which creates an Oversight Committee for the CRA (Community Redevelopment Agency), I think we need to make one amendment to it, and that is to establish -- the Oversight Committee would take effect immediately after the City audit, conducted by Victor Igwe. That's the amendment that I'd like to make to it. In other -- we'll get into the configuration once we've passed the resolution. Vice Chairman Winton: Well -- Chairman Teele: Mr. Chairman -- I had hoped that we would have a workshop before we start doing this. I think it's totally appropriate to consider something like this, but I think we need to all go through this line -by-line. And I think, you know, we've thrown so many different issues up from internal auditor, auditor general, inside auditor, external auditor, oversight, as well as we have the whole issue that's consistent with the state law that we're obliged to do, that is the -- basically the restatement and -- the restatement of the CRA Board of Directors. And I think the way to handle this intelligently -- certainly, this is an intelligent approach -- but the way to handle this intelligently is consistent with Chapter 163, and we put forth to Miami -Dade County exactly what. it is we would like to do. I have said for five years, and I will say it again today, that I think that the CRA Board, as a City Commission, is not the right model. I've said that repeatedly. I'll continue to say it. It is the model that the City and the County have, before us, have approved. And I think it's no secret that I have been, for at least the last two years, working with outside counsel and -- to try to look at a different structure consistent with Chapter 163. If you do that, you need to have all of these approaches before you. And you need to determine whether or not you want to stay with this form of governance, which is under 163, or the other form of governance, which is under 163. And if you stay with this form of governance, then, you know, an Oversight Board is appropriate. The Oversight Board, under Chapter 163, if you go to the other form, would be the City Manager and the management process. In this form, you have the City Commission, which excludes the management from it. And again, I think the real issue is not so much the Oversight Board. The real issue is the governing board issue, which I have strongly support and I continue to support. We should be a Chapter 163 agency that does not use the City Commission as a governing board. So, I mean, I'm -- Board Member Sanchez: Mr. Chairman. Chairman Teele: I just think we ought to put all of these issues and have a workshop on all of them and not just start shooting in the dark on this, but I'm prepared to do whatever the majority of the board want to do. 47 April 28, 2003 • Vice Chairman Winton: Mr. Chairman. Chairman Teele: Commissioner Winton. Vice Chairman Winton: Commissioner Sanchez, I think that you have -- you know, my hat's certainly off to you. You've done a heck of a job pressing us to do everything in our power to get this CRA process working appropriately and delivering real services to our community, which we're tasked to do. But if you'll remember, when we had the first discussion where you brought a whole series of these recommendations to the table, I said that, at that time, I was not in favor of, at least initially, changing the makeup of the board or putting this Oversight Committee in place. Because I didn't feel that a group of new people would have -- I felt it would be doing them a huge disservice to come in and try to unravel the mess that we're all trying to unravel right now. And I felt that once we had the audits of our external auditors completed with all of the management letter issues in front of us, once we had the internal auditor stuff completed and knew what the issues were that we had to address, that that would be the appropriate time to take up both of these reorganization points because we would be armed with the knowledge of understanding what the real issues were in front of somebody, whether it was us or someone else. And I'm just nervous jumping to any new form, either of these items, until I'm armed with all of that information. I'm in favor. I'm in favor of a different kind of board. I'm not so sure you even need this once you get a new board and we clean up all these problems, but I'm certainly in favor of all this reorganization. But I just am nervous about thrusting someone from the outside into the middle of something that we really need to get fixed. And once we know what the real problems are, I feel like I will be armed with the appropriate kind of information to help you, Commissioner Sanchez, in getting us on to the right next step. And so, that's the only reason why I don't want to jump to that at this point. I want to wait until after we finish the external audit, with the management letters, and the internal audit, with all of the list of issues, and then we'll know what's in front of us. Board Member Sanchez: Johnny, if you would allow me. You would notice that my amendment, which is a friendly amendment, which I agree with 100 percent, is to wait to have the Oversight Board be appointed right after the audit -- the internal audit is completed. Let me just say something on the record here. You know, there's an old saying in Washington -- and Commissioner Teele, you've been to Washington. I haven't. But there's an old saying that says, "If you want to kill something, send it to a workshop or a committee." Let me just say that the reason that we have this and some other resolutions that'll be in front of this board, either not today or the next month or the following month, or as long as I'm a Commissioner in the City of Miami, is that everything that we're doing here is things that either, one, we inherited before we got here, or we've inherited when we've been here. And that has been a string of incidents that have discredit the CRA, .has discredit the staff at the CRA, has discredit the chairman of the CRA, and has discredit a lot of people, including the residents -- Vice Chairman Winton: And the board. Board Member Sanchez: -- and the board of the CRA. You know, we have taken several steps here to, one, fix a dysfunctional agency. I don't think anyone here will dispute with me that this, 48 April 28, 2003 • at one point, was and is -- things are getting better -- was a dysfunctional agency. We had today an accountant who came in front of the board and, you know, basically gave a report, which I'm not too thrilled about. But also, we've had the external auditors give us comments pertaining to the conditions of the CRA. We have been -- one article after the other, whether it be in a local paper, or other big papers in our community -- we can't continue to look the other way on these issues. I think this is one of the many things that we need to do here at the CRA to get the house in order, to gain control and respect of everyone, either that does business or lives in the CRA, that we're here to serve. One of the issues that I have great concern with is this of us saying, "Hey, let's -- you know, things will get better by themselves." They're not. OK. Let's just wake up and smell the coffee. They're not going to get better. Frank's done a great job. This will not hurt anybody, that we bring on and put an Oversight Board. We understand the 360 -- 163 -- Chapter 163, you know, monitors the CRA. It's a very complicated issue, but I don't think that's the issue here. I think that the CRA has its goals and its rules and regulations that it follows. You can't deviate from so much. One of the things that we are found -- the CRA finds themself in is, you know, not following the accounting rules, which are basically a different issue. Basically, poor management. We have individuals that may not be qualified to be here or have the experience to be working at the CRA. So when we have expertise from the outside pertaining to whether it be development or whether it be architectural planning, auditing, accounting, or real estate, and to include Florida State Statute 163, it could only make the CRA any better -- it could only make the CRA a better place. So, once again, we have a lot of people in our community that have the capacity. Some of them even own businesses and live in the CRA. They could be a part of this Oversight Committee, which will make recommendations to this board and the City of Miami to help them, whether it be through accounting processes, or whether it be architectural, or -it be planning or real estate. So, you know, we could sit here and say, "Oh, things will get better." Well, let me tell you something. It's not going to get better. We have to unwind a lot of things that have gone wrong prior us getting here and while we've been here. Listen, we've gone through six or seven executive directors. Most of them, when they leave here, they say the exact things. It was a chaos. You know, Oh, it was incredible. It was a madhouse. We couldn't get anything done. We get things done and at the end of the road, you know, we find ourselves in an embarrassing situation. Well, let me just say something. I've had enough. And, you know, I've tried working with everyone here. I don't like to be the skunk at the family picnic, you know. I like to get along with everybody here, but if you don't want to get up here and admit that this CRA Board is screwed up and we need help, then you go ahead and say it on the speaker. Because I'm going to say it. We need professional help, whoever it may be. We have the right to put together a configuration of experts in real estate, architect, planning, accounting, development, and law to make this CRA a better CRA. And, along the way, Mr. Chairman, earn the respect of people that are out there constantly, you know, badmouthing the CRA and constantly saying the CRA is not providing a service. Well, the CRA's providing a service or trying to provide a service. It's just that it's found itself, in a way, rushing through procedures to try to get things done. In the long way, you know, it's sad when you have'-- you're able to obtain millions of dollars from the federal government and, at the end of the day, you're going to have to end up giving some money back because you couldn't get the job done. Now, that's -- you know, I take responsibility, as a board member of the CRA, but I think everyone here should take responsibility, too. And if we're able to say, hey, let's wait six months and get the internal audit, we need to do that, Johnny, and I agree with you 100 percent, because he's going to come back and tell us exactly what's wrong, just like KPMG (Klynveld, 49 April 28, 2003 • 0 Peat, Marwick,.Goerdeler) did, tell us exactly what's wrong, and we're taking actions to correct that. Once he comes on board, we'll have this Oversight Committee. It'll be there to provide guidance, to provide expertise advice and provide assistance to make the CRA a better place. I don't have anything against the CRA staff or anyone that works at the CRA. It's just embarrassing when you have article after article coming out in the paper which is embarrassing. It's embarrassing to me. It's embarrassing -- it should be embarrassing to the chairman of the CRA and every member of the CRA, including the staff. So, once we sit here and we go, well, you know, things are going to get better. We're going to get the internal auditor. He's going to come in and he's going to tell us -- I know what he's going to tell you: Things are screwed up, you know, and that's -- those are the things that we need to have a plan in action. Yeah, I've presented a couple of things. One of them was the internal audit. We voted on that. The other issue is put an Oversight Board to come in and give us some guidance on the issues. If we need to get an expert on 163, we'll get an expert. We're going to have the opportunity, each of us, to appoint one person who's going to make a positive difference here at. the CRA. And that's what I think this is all focused on. I don't want to compare oranges to apples. I just want to tell you that this Oversight Board will make the CRA a better place. I know that I've talked about rotating chairmans. I still think -- and that's an issue that will be discussed at the Commission. I think that -- but that's another issue. I don't want to talk about that issue, Johnny. I just want to tell you, nothing's going to change. The six months having the audit in place and then when the audit comes back and it's done, completed, we could implement this Oversight Board. But to sit here and say, "Well, you know, we're going to send it to a workshop, we're going to send it to committees," I don't buy that. Vice Chairman Winton: Mr. Chairman. Chairman Teele: Commissioner Winton. Vice Chairman Winton: Commissioner Sanchez, if I thought that this -- and I've read this resolution and I've under -- I'm looking at what the responsibilities of this Oversight Board are. There isn't anything in here that obligates us to appoint a certain kind of person, so you may not end up with any of the expertise that you were suggesting you might want on this board. Board Member Sanchez: Johnny, may I -- may you yield for a minute? Vice Chairman Winton: Yeah. Yes. Board Member Sanchez: I think that we're -- not only are we professionals, but I think that if -- it's up to us to appoint the proper people in there, and I -- you know, you have a list of people that could assist with their expertise and I've named them already. You know, I would do my best to appoint someone who would be of a positive, supportive player -- a positive supporting role in the CRA. I assure that each Commissioner here, including the Mayor, will do the same thing. I don't think anybody's going to name, you know, not -- someone who's not going to do his best here at the CRA or on this Oversight Board. So, I mean, I could add that. That could be -- if you want to put that in the resolution, I'll be more than glad to do it. 50 April 28, 2003 Vice Chairman .Winton: Well, let me continue on. Joe, you've said that we've made -- I agree with you wholeheartedly. We've got lots of challenges in front of us that we've got to address. "We" being the existing CRA Board. You also said that we've made no progress. I don't agree with that observation at all, because I think there has been significant progress, in that there is a new Executive Director that seems to be unraveling a lot of things. At your urging, we've brought in the City's internal auditor that has never had the opportunity to audit anything within the CRA in its history. We've hired an outside accounting firm to come in and put our books in order so that the auditors can do their audit, which they haven't been able to do, essentially, for three years because we didn't have our books in order. And so, we've moved to put a lot of those things in place that's going to give us a clear picture of what the real issues are confronting this agency that, ultimately, we are going to be responsible for, as the City Commission, maybe not the board -- Chairman Teele: As the City Commission. Vice Chairman Winton: -- but as the City Commission that has the real oversight for what's going on in our City. And so, as I said, I'm not opposed to doing something like this. I'm opposed to putting in place, before I understand the real issues, a process that we can't unravel, a process that could be where you could end up with the law of unintended consequences where we simply -- we put something in place that we can't unravel and it isn't designed right. And that's -- I don't want to take a step .that makes another mistake for us. And like -- I'm not battling against this. I'm battling against the timing of it. And until I understand what the real issues are in front of the CRA, I don't want to put this thing in place. I don't want it in place the day we -- that the internal auditor finishes his stuff because I don't have a clue what the real issues are going to be that he's going to bring forward at that particular point in. time. When I see what the real issues are, then I can look at this thing and I may say, "Joe, this is perfect." You know, we'll -- you bring it up at the very next board meeting, which could be the next day after I've had a chance to read the report, and I vote on the whole thing exactly like it is. Could be that there's a whole series of changes that I want to make to this thing that makes it much more effective or more powerful or redesigned. I don't know. And I can't answer those questions until I see what our real problems are. And that's the reason that I don't want to vote in support of this at this point in time. I promise you, I will support this. Chairman Teele: Commissioner, I want to just say a couple of points to the point that Commissioner Sanchez has raised directly as it relates to me, as chairman. As chairman of the CRA, I have neither sought nor have I participated -in daily management decisions, specifically finance and accounting. With the exception of the 9ch Street Mall project, I have never even attended a CRA staff meeting. And I have never regularly participated in directions and oversight, except through the board process of Frank Rollason or any of the other directors, except when they come to me. And, Frank, I mean, if it's -- if I'm overstating it, you need to clarify the record, because you're here and I'll go to all the others, including Dipak, contrary to what I read in the newspaper. When people come to me and ask my opinion, I'm willing to give it. But I have never sought out, nor do I have any desire -- having served in many capacities, I am made well aware of the distinction between the board of directors and the management. And I am not an executive director or executive -- or managing director. I am the Chairman of the Board and have been. To the fact that the CRA has done nothing, clearly, you've been reading 51 April 28, 2003 The Miami Herald. Because the fact of the matter is, there's not a CRA in the state of Florida that it came in -- when I came in in January of 1997 with a hundred and fifty thousand dollars ($150,000) of TIF (Tax Increment Fund) funds and has, within four years, multiplied that times 10 -- and that's what a lot of this is all about. There are people who want to get control. When there was no money at the CRA -- and a few people that are around here know -- you didn't have five people at CRA Board meetings. Outside of the Omni Advisory Board people, there was nobody in the CRA Board, not City staff, not public, not anything. As the -money got bigger, the staff got -- I mean, the interest got bigger, and that's where we are now. The CRA is a mature entity today that has gone from a hundred and forty thousand dollars ($140,000) in annual TIF funds to in excess of a million and a half. There is no CRA in the state of Florida that has grown with its TIF funds that quickly, and people all over the state marvel. And the question is, how did we do it? Well, obviously, it didn't just happen. The legislation that created the NAP (Network Area Point) was written by me, as Chairman of the CRA. And the legislation that was passed was passed because of my work before the legislative committees, just like the efforts relating to the -- efforts to bring the entire technology consortium to Florida -- to South Florida to look at our CRA and determine that this was the best location for the NAP. The NAP was the first and continues to be the only construction, new construction taken place within the CRA boundaries of the Southeast Overtown in the last 20 years, other than government funding. The NAP, a hundred million dollars ($100,000,000) project that has taken place. The redevelopment activities that have brought about the tremendous growth, the club districts, et cetera. I make no apologies for the fact that I've held every club owner's hand. I have held every property owner's hand and tried to get them to come and invest. And that's what I view my role as being. I don't view my role as going through the books, as making staff assignments, as assigning consulting engineers to various projects. And 90 percent that that has been written is not my role or my function. And it's just like saying that the chairman of the City Commission is wrong when the Manager does something. That doesn't give you the right to go out and be the Manager. And, candidly, I have more to do than try to be a managing director. But I will concede on one point and one point only. That I, as much as you and anyone else, am very frustrated with the lack of discipline and the lack of certain results, particularly in the black community, in the Overtown community where, as it's been pointed out today, we are still awaiting just getting the signed contracts. Do you hold me responsible for the fact that the contracts haven't been signed? Do you hold me responsible for the fact that the engineers drew plans or something that didn't meet the City code? Or that the planning people that designed parking lots built parking lots over alleyways? Or the kinds of technical problems -- the fact of the matter is, is that the CRA is not a fully licensed municipal governmental body. It relies on its cooperations with both the City and the County. And the CRA is much more, in my judgment, a policy vehicle for policy direction and redevelopment than program implementation. I've said, in the context of the capital improvements, that all of the capital improvements of the CRA could very well, as far as I'm concerned -- I said this two years ago -- be transferred to CIP (Capital Improvements Program). That was three CIP directors ago. And I still say that. I mean, there is no reason why the CRA, A, should have a large stage, and, B, why the CRA staff cannot and should not contract out. I would take specific note of the fact that when the City refused to deal with the issue of Margaret Pace Park, as a result of the failure of the -- as a result of the success of the bond issue, the CRA said, "We'll do it," not because we want to substitute ourselves for the City, but it doesn't take a Rhodes scholar to figure out what you just saw today. If you build a wonderful park, then people are going to want to come. And right now, the biggest fights in this City, 52 April 28, 2003 • 9 behind the scenes, are around who's going to get space and break ground first around the Margaret Pace Park? And the Margaret Pace Park, singularly, is generating over 300 to five hundred million dollars ($500,000,000) of new construction, Oscar. Three hundred to five hundred million dollars ($500,000,000) of new construction as a result of the CRA's efforts in leading the pack. And I will say this on the record. The gentleman who is the greatest developer, who built -- Mr. Tibor Harlor looked me in the eye four years ago and said, "It'll never get done." He says, "I don't believe" -- three years ago -- he says, "I don't believe it'll be done." And at the Margaret Pace Park dedication, he said, "Art, I take my hat off to you because I know that notwithstanding the fact that our neighbors were going in a hundred different directions, and I know the fact that the CRA spent hundreds of thousands of dollars" -- and we did in soft dollars, in planning to get a community process. The Margaret Pace Park is one of the finest parks in the City of Miami and, indeed, in the nation, and the CRA did that. You'll never read it. And when the numbers start going off the chart, Johnny, in terms of the Omni redevelopment, we will neither long remember nor soon forget the fact that the reason that those numbers are going off the chart is because of a three and a half, four million dollar ($4,000,000) park that started out being a 400 to seven hundred thousand dollar ($700,000) park. And when the issue came to me from the neighbors and the community, I said, "Look, the CRA will get broke and we will put every dollar that we have in that park." And if I didn't say it, correct me because that's exactly what happened. So, in my role as chairman of the CRA, in terms of leading, in terms of stimulating the private sector and confidence by developers to come in, I know that I am doing and have done my job. Do I want to do this forever? I'm more than happy to rotate positions, if that becomes the issue. But what I'm not prepared to do is to allow someone who has voted "no" on everything, including something as mundane as the Ward Rooming House to be a ghetto, to seize control of an agency just because it has money. Because the simple fact of the matter is, the reason the Ward Rooming House makes the 91h Street area look like a ghetto is because you, sir, have insisted that until all of the titles have been clear, we will spend three times the money on legal fees, as we will on the cost of the Ward Rooming House, when it's all over, to satisfy you, sir. And that's your right and I support your right. But let's just put the cards on the table. The simple fact of the matter is, is this: Is that the CRA is not a municipal governmental body. It never was designed to .be. It is designed to work cooperatively with the County and the City. The City is supposed to provide tremendous oversight over it. Our general counsel is the City Attorney. And the simple fact of the matter is, is that if we were doing our job, we would have taken what you're proposing as an oversight, made it the CRA Board, and we would be in the position of being the oversight, which is contemplated under Chapter 163, and I have no objections to that. But what I do have objections to is putting somebody over us that's not elected, that will, in all eventuality, not be reflective of the Omni and Park West and Overtown areas. They'll come from all over the City. And the fact of the matter is, is that I strongly support the notion that the redevelopment district should have a limited purpose. It is not a community service agency, contrary to what many people have been led to believe. It is not an agency designed to do social programming. It is designed to do those things that directly stimulate redevelopment. And I would say to you, Commissioner Winton, to that point, bringing events like the art basil and supporting those activities, supporting the activities like the Haitian Bicentennial are, believe it or not, the kinds of activities -- and the arts community, and the Performing Arts Center -- and looking for ways, as I am right now, to figure out how we can channel more money into the grand old opera, because that's the big news, not the high school debate over the lunchroom program that we're having now. But the real issue of 53 April 28, 2003 0 this CRA is, how are we going to figure out ways to channel money to the grand old opera, to the opera, and to the other arts organizations? Because the future of the Omni redevelopment is tied in, not to what a group of nameless, thankless, good people can do, but to what the members of the City Commission or -- and those officials who are responsible for redevelopment can do. And I would say to you that I have no problems seating and allowing someone else to be chairman. I feel that, clearly, the fact that the plans were for the CRA to be -- and for that matter, I have no problem doing what Carollo wanted to do, at this point, Tomas, as much as that may not ring with you. You know, Carollo wanted to take the thing over before I was elected, long before this came to be. And, in fact, if you go back and you look at the law, it was the Oversight Board that reversed those decisions that had been made, the state -imposed Oversight Board. So, you know, I am totally consistently concerned about the direction of the management of the CRA. I am also concerned, as the chairman of the board, about the repeated misrepresentations, particularly the misrepresentations about the CRA, and particularly as it relates to my role. But I've learned, you know, when you're out front and when you're pushing for change, as I am, and as I will continue to do, whether it's at the CRA or whether it's to build a park, to rebuild the Margaret Pace Park, which was very controversial -- in fact, J. L. Plummer opposed certain aspects of what we did, and it was his district at the time. The fact that we committed all of the Omni money for that park is something, you know, that, in retrospect, was the right thing to do. And so, I'm going to go out here and I'm going to continue to take risks, and I'm prepared to continue to fight for the redevelopment. But I want to just remind you, sir, that when there was four -- when there was a hundred and fifty thousand dollars ($150,000), nobody gave a damn about the CRA. When there was two hundred thousand dollars ($200,000), if you look at the numbers -- it was only when the numbers became 700,000 that people wanted to come in and tell you how to spend the money and what to do, and various nameless, faceless, non -group people want to take -- basically, take charge and say where the money should go, that the problem in the media has become focused on this. But I will return to one point. As chairman of this board, I have tried and I have continued to lead in redevelopment and I have done things that I will hope that whoever is the chairman of the CRA, will continue to do, including getting money from Washington, including getting money from the state, and including making this CRA the fastest growing CRA in the history of the state of Florida. And nobody, of course, has said that. In fact, you should note that the only recovery of the CRA's role in the Margaret Pace Park was when it got off schedule. When the media wrote about the Margaret Pace Park, the City Planning Department took all the bows. When it got out -- off schedule, then it was a CRA project. And when it was open go back and read the story when the Margaret Pace Park opened. And yet, that's going to generate at least 300 to five hundred million dollars ($500,000,000) of new development. I think what you're asking for is purely grandstanding and playing to the media, but that's our own right and we all do that from time to time, and there's nothing wrong with that. I think to ask for a change before you even know what you want to change -- you've asked for these consultant's reports. You've asked for these studies. You've asked for these audits. Until you, at least, get the audits back and figure out what's wrong, why are you going to put the fix -- the solution in? It would seem to me that we could all take a little bit of a deep breath, work through the problems, and then make those corrections and changes that are necessary. And to say that it's not going to change, I think, is purely disrespectful, of your colleagues because, I think you know that Commissioner Winton and Commissioner Regalado are both independent in their thinking enough to do what they think is right, if they think some things need to be changed. And I will tell you this: Every motion 54 April 28, 2003 that you've made on changes, I've been the one that second the motion or made the motion or cast the third vote for whatever changes that have been made to date. So, unless there's a second to Item Number 11, I'll -- Board Member Sanchez: Mr. Chairman, I would like to respond to your -- Chairman Teele: Well -- Board Member Sanchez: First of all, if you would allow me the opportunity, like I've sat here and I've listened to you. I'm not going to question -- you know, I'm not going to question the things -- the positive things and the negative, things that have happened here at the CRA. I'm focusing on one word and that word is "credibility." I think that the past -- since I've been here, it's been one scandal after another pertaining to questionable bidding practices, mismanagement, scandal after scandal after scandal, that we're the ones that have to address them. What I'm asking here for is for support on this issue, because I think that it's the proper steps that we could take to bring credibility, accountability, and transparency to this board, which it has not had in many, many years. I know that Frank Rollason has done a great job coming in. He's had to undo a lot of the things that -- the negative things that have happened in the past. The auditor -- the internal audit will come back and assure me. It will have a lot of negative things in it. All this does -- us implementing this Oversight Board, that we could implement today -- I don't think I have the vote. I'm still going to make the motion to try to get a second vote and try to obtain support from my colleagues because I think it's the right thing to do. But this Oversight Board could be appointed today and, it could take effect right after the independent -- the auditor -- the internal audit is completed, and then we could move on. I know that we have identified, through KPMG, the things that were happening that weren't proper or they weren't correct, and we have been able to -- Frank Rollason obtained other things that have not gone properly right, or things that we have not been able to overlook not correcting. But if we don't have this step in plan, which is the internal audit, the Oversight Board or Oversight Committee of professional people that could come in and help us get our house in order quickly, then we could move on. By no means do I want to be the chair here, but I want to be the board member who wants to do what's right for this board. And if anyone is here saying, "Hey, we don't need this. Things are going to get better as we go along, things will take care by themselves," I don't think it's going to happen, Commissioner Teele; whether you're the chairman, I'm the chairman, Tomas Regalado is the chairman, Johnny Winton, or Commissioner Gonzalez is the chairman. If we don't bring professional people in to give some guidance and some thought and organization to the CRA, we're going to be involved in another scandal coming up, where they'll be other scandals coming up and we will lose that accountability and that credibility that's important for developers to come in and develop here at the CRA. And then, not only do we have to look out for the credibility of the people we do business with, we also have to obtain the credibility of the people that live and benefit off of the CRA. So, all that I'm asking for is that we vote on this issue today, whether it's up or down, on an Oversight Committee, and then we'll go ahead and we'll start appointing the individuals as the configuration that we, agree upon in this resolution. This resolution has been back and forth from my office to Frank Rollason and we have worked on it together. We -- at least, I think that he thinks it's an appropriate resolution. And for us to say now, hey, you know, let's wait another six months and we'll see what happens. Well, if you want to do that, I'll bring it back in six months. I just think it's a key factor in restoring the 55 April 28, 2003 credibility of the CRA, which today, the credibility- of the CRA is in danger. That's the argument that I'm making here. It's not personal. It's never been personal. I have the utmost respect for you. I have the utmost respect for the staff at the CRA. I'm just saying that we cannot continue to look the other way and pretend that things are going to get better here because they are not. And we -- there's an old saying that says, "If you're prepared for war, you win the war." And this is all that we're doing here. We're sitting down finding ways to restore the credibility that the CRA has lost in the past, God knows, how many years. I'm not going to dispute that you've done a -- the CRA, through your leadership, has been able to accomplish some things. I'm just saying that some other things have not been very positive for the CRA, and those are the things that we need to work, whether it be through an Oversight Committee, to alleviate and make sure that they don't happen again. I don't think that we have the capacity now to straighten out the CRA if we don't seek professional help. And we're seeking professional help. We have an internal audit. We have an external audit. But I think that we need to do more things on the management side, to have professional people come in and say, "You have the right staff. You're following good accounting procedures," you know. There's a lot of issues that we need to focus on; real estate, planning, auditing, a variety of things that we don't have that expertise. And we have to realize sometimes -- and people making decisions that may be the wrong decisions and that's why we end up in situations like this, where we jeopardize federal funds -- poorest City in the nation jeopardizing federal funds is a great concern to me as a Commissioner. It's a great concern to all of us and should be to you. And those are the things that I want to make sure that they don't happen here at the CRA. Vice Chairman Winton: Mr. Chairman. Board Member Sanchez: That's all that I'm saying. Vice Chairman Winton: Mr. Chairman. Chairman Teele: Commissioner Winton. Vice Chairman Winton: I don't want to repeat all the comments that I made earlier, Commissioner Sanchez. But there's two things that I want to add. One is that my comment about not putting this entity in place now is no different than when you first brought that resolution up, if you remember. I said the same thing back then. Number two, in terms of what you're searching for -- and I don't -- you know, Joe, I know that absolutely you are doing what you think is best for this entity that you sit as a -- we're not board. What are we? Chairman Teele: Board member. Board Member Sanchez: Board member. Vice Chairman Winton: Oh, OK. Board member of the CRA. I know that. Absolutely clearly. But when you're talking about bringing professionals in to help and review the kinds of technical things you're asking to review, volunteers can't do it. You said something in this last paragraph about the things that you want people to look at. Volunteers can't do that. You have to hire consultants to do the kinds of things that you just described that need to be looked at internal to 56 April 28, 2003 the CRA. This .Oversight Board -- and as I told you, ultimately, I will support because you've been pushing hard on this and I don't have, philosophically, a problem with it. But I -- but as I said, I don't want to put the wrong kind of entity in place. I don't want to send volunteers out doing the wrong kind of thing. And until I really know what's going on in the CRA, I think I can make some suggestions, at the end of the day, once I understand it, that can really help you accomplish your objective in a manner that we haven't yet thought about. And I really do believe that. That's the reason I don't want to do this today. I'm not trying to postpone anything just for the sake of postponing it. I said the same thing when you first brought this issue up. We have to be armed with all the facts before I want to move on this kind of thing, and those facts are coming to us very soon. You know, it's not going to take the internal auditor six months to finish the internal audit. So, you know, it should be before us in a few months. Board Member Sanchez: Johnny, what's the difference in approving this resolution -- and you have plenty of time. You'll have maybe six months to appoint your Oversight Committee member, who you would have the opportunity to select, just like I will and every board member here to appoint. And then when the internal audit is completed, then this committee will have an opportunity -- and what we're basically asking them is to come in and look at the internal operating mechanism of the CRA -- - Vice Chairman Winton: They're not going to be qualified to do that, by the way. Chairman Teele: (INAUDIBLE) to do that. Vice Chairman Winton: Volunteers have -- Board Member Sanchez: Well, not -- listen. State Chapter 163 is a very complicated -- but I -- Chairman Teele: No, it's not. Board Member Sanchez: I don't have to tell you -- well, not too many people are experts at it, Commissioner Teele. But there's a lot of people out there that are experts in accounting. There are experts in architect. There are planning. And those are things -- those are people -- Vice Chairman Winton: And organizational structure. Board Member Sanchez: Yes. Chairman Teele: And organizational structure. Board Member Sanchez: Yes. Exactly. Vice Chairman Winton: And human resources. Board Member Sanchez: Those are people that we could appoint to come in and look at the CRA. Give some advice. Come back to us, the CRA Board, and give recommendations. And, you know, those are the things that we're looking for. I don't -- I really don't see a harm or I 57 April 28, 2003 0 41 don't see the obstacle in the way for progress at the CRA. That's what; I don't comprehend. But if you're able to convince me that -- OK. We'll put this Oversight Committee and nothing's going to get done and you're wasting my time, as well as yours, then I could say OK. But when you basically saying -- you know, there are people out there that would like to be -- you know, they care about the CRA. They care about the redevelopment. They care about what's going on here. And they're willing to get, you know, involved and look into the matters why. If we're an open door agency and we're open to the public, I mean, why not have the public involved? Vice Chairman Winton: Well, it seems to me you're really talking about two separate things. This resolution, in fact, doesn't deal with what you're describing right now: Chairman Teele: At all. Vice Chairman Winton: What you're describing is something like the Blue Ribbon Panel that was appointed by -- I don't know whom -- that when the City almost went bankrupt, and that group came in -- there were selected, predetermined areas of expertise that someone decided they wanted to bring in. I don't know who the decision -maker was, but -- Board Member Sanchez: Johnny. Vice Chairman Winton: -- it was predetermined that we wanted expertise in a whole series of areas of people -- Board Member Sanchez: It's not a Blue Ribbon Committee. All right. Vice Chairman Winton: Hold on. People -- there was a process that went out and found the best . experts in that particular field and that was the Blue Ribbon Panel that came in, and they had a finite life span to come in and do the kinds of things that you've described to me in two different paragraphs now in your last round of conversation. This thing doesn't do that, can't do that, is incapable of it, won't have the expertise to do those things. . Board Member Sanchez: Johnny, I disagree with you. It's all about the -- Vice Chairman Winton: I just read it. Board Member Sanchez: It's just the -- it's about the configuration. If you would like to do it that way, I could support that. Putting in -- putting it out and having people put in for it that would like to be a part of this Oversight Committee, and then we would have an opportunity to select them. The configuration is another issue here. Chairman Teele: Let me tell you my concern. And -- Board Member Sanchez: I mean, let's put all our concerns on the table and we'll address them. But to say, hey, you know, that's a bad idea is irrelevant. 58 April 28, 2003 Chairman Teele: I want to go back to the point that I keep making. I will support an Oversight Board or a Blue Ribbon Panel of some type if this board stays as the governing board. Board Member Sanchez: Yes. We're not -- Vice Chairman Winton: I don't see that here. Chairman Teele: Hold it. But I have said, from the day I got here until now, that this is the wrong model for the CRA, in my opinion, under Chapter 163. Chapter 163 has two models. I would much rather, in the context of our mandate, to review our governing board -- our - development plan -- is that the term, Mr. Bloom? William R. Bloom (Special Counsel, CRA): Yes, sir. Chairman Teele: In the context of reviewing our development plan, we should come forth with the hard question. And the hard question is, A, do you believe that the City Commission is the better vehicle than a DDA (Downtown Development Authority) type of board, which is contemplated under Chapter 163, as the governing board? I have said, and I want to say again, I prefer a DDA Chapter 163 contemplated board that is not made up of City Commissioners -- Board Member Sanchez: But -- Chairman Teele: -- at all, for that matter. At all, for that matter. Board Member Sanchez: But that's not the issue here, Commissioner Chairman Teele: Yes, it is the issue. Board Member Sanchez: No, it's not. It's my resolution. That's not the issue. Don't cloud the issue, Commissioner Teele. Chairman Teele: But I have the floor. Board Member Sanchez: I'm asking you out of respect. Chairman Teele: I have the floor at this -- Board Member Sanchez: I understand. Chairman Teele: -- at this precise moment. The issue is precisely that if we're going to create a Blue Ribbon Committee, then we're making a decision de facto to stay with this form of governance. I would like, at least, an up or down vote on the change in the governance structure. Now, there is a second -- there is a third alternative, which is the alternative that the previous Mayor proposed, and that was to fold the CRA in under the City. If you take all of the arguments that you've just made, all of the arguments that you've just made argues, in most ways, to fold it in under the City. 59 April 28, 2003 Board Member Sanchez: Not true, Commissioner Teele. Chairman Teele: Well -- Board Member Sanchez: Not true. Chairman Teele: OK. Then I'm not going to speak for you. So you have three different models that you can choose from. I think -- I'm willing to stipulate, if we keep this model, which I'm going to argue against, if we keep this model, then we can have an Oversight Board. But why have an Oversight Board if you're going to a model that, in effect, creates an Oversight Board? I mean, it doesn't make sense. Board Member Sanchez: Commissioner Teele, if I may. Sir -- Chairman Teele: Commissioner Sanchez, you have the floor to close on your motion. Board Member Sanchez: Thank you, sir. Commissioner Teele, I understand the two options that exist in the state Statute 163. First of all, it's another issue that I'm not going to get into today about changing the board here. What I am saying is that albeit, the issue that's on the table is just an Oversight Committee that will have one-year sunset. That's all that we're asking for on this issue. Chairman Teele: Who is we? Board Member Sanchez: Well, I'm presenting. I'm putting it on the table. Whether voted up or voted down, that's another issue. But that's all that's on the table. So all the other issues, all it's going to do is just confuse this resolution that's on the table. This Oversight Board, which has a sunset of one year, all it does is it oversees and gives recommendations how to improve on the mechanism of the CRA, including Florida Statue 163. That's all that it does. It doesn't change the configuration of the board. It doesn't -- that'll be later on discussed, if it comes back, and maybe that's the best alternative here. That's another issue on this matter. So, Johnny, before you leave -- Vice Chairman Winton: No, I'm not leaving. I have to go to the restroom and then I'll be back. Board Member Sanchez: Well, let's just get over this. I mean, I'm prepared to make the motion. If there isn't a second -- Chairman Teele: You made a motion. Board Member Sanchez: Well, I make the motion for the Oversight Committee. 60 April 28, 2003 y.�... -DIRECTOR`�;'rTO`Y'�MAKE:=.� I'AYMEN'T`� ��UND ;EXBGtJTIYE=s� 'max .., i4`. '�`"t: <k.: j_. r'$": _ .. J:,..=n t'� ".x..:"':..:.:., r.'.,• 'S�.: _�,':::`. _ = G=�SERUICE5� n <" tEN.GINEERING;'F.OR=GENERAL;:°ENGINEERIN CONTRACT. WITH=,METRIC _ _ ;� O ,.9., TREET-.EDESTRIAN�..NiAl�BETWEEN � NW: ,F R � =' '- .: e...v. ..+. ... , - . h-..., c.. .. .... - , i .. � .: � �. .: ��" - ?'hv:;:.,'S'e is Y•P ,- — ���$1�02;89�0�OO.FROlVI<CDBG:;CAP Chairman Teele: All right. Could we go ahead and move the police out? They've been very courteous and I do appreciate the fact that the police have waited all this time, and take up Item Number 16. This is a resolution instructing the Executive Director to work with -- Board Member Regalado: Mr. Chairman. Chairman Teele: Sir. Board Member Regalado: Mr. Chairman, I really need to leave now. I'm really sorry, but I have to -- Chairman Teele: But before you do that, could we just move these budget items? Item Number 13, which is a resolution authorizing the Executive Director to make payment to Metric, as outlined. Would you move it, sir? Board Member Regalado: Move it. Board Member Sanchez: This is ratifying work? This is work that was already done? Frank Rollason (Executive Director, CRA): This is work -- Chairman Teele: Issued on -- Mr. Rollason: Yes. This is work that was already done that was authorized by the board previously, but in segments, and a different segment was done than what was in the resolution that was passed. And this gets the authorization back to the segment of the 9th Street Mall that they actually did. Board Member Sanchez: Yeah. But did we have Board approval on this issue? Chairman Teele: Yes. Mr. Rollason: We had Board approval for Metric Engineering to go forth with a 3d Avenue extension of the 9th Street Mall, but the area they were designated to do originally was from 9th Street to 1lth Street on P Avenue. The area that they did was 2nd Avenue to 3rd Avenue on 9th Street. Board Member Sanchez: And did it have Board approval on that? Mr. Rollason: For that segment? 61 April 28, 2003 Board Member Sanchez: Yes. Mr. Rollason: No, sir. Board Member Sanchez: See, that's the problem. Commissioner Teele, that's the problem that continues to happen here. You know, they do things without the approval of this board member, and that's why I bring out these concerns that I have that if you're going to -- if the CRA is going to continue to do whatever it wants to do, then I might as well not be a board member here. It bothers me. I'm sure it bothers you because it bothers you in the Commission when it happens. And those are the things that I have great concern over. Chairman Teele: Commissioner. Board Member Sanchez: Things are done without our approval and then they come back and ask us to approve this issue. That's one of the many reasons why we need this oversight. Chairman Teele: Commissioner, let me -- I don't agree with what the Executive Director has outlined. My recollection is this: There was never a discussion about 91h to I Ith by this board. What happened was, this is 3rd Avenue 9th Street Mall. The contract with Metric, for whatever reason, was never executed properly or prepared properly by the attorneys, and the work was done by Metric. And you got into that situation again, Frank. That's why I was bringing it up earlier when we talked about the same thing with this architect a year ago, where the Board approved it. If you go get the transcript, the Board approved the work that was outlined. Does anybody have the transcript? Has anybody requested the transcript for you? The work was approved by this board.for the 9th Street Mall. Mr. Rollason: That is correct. Chairman Teele: The only portion that this board has considered -- and it's been briefed, it's been voted on by this Commission at least three times. Dick Judy was the first person who brought it up and we approved it under Dick Judy. That is the segment between 2nd Avenue and I-95. That's the only thing that has ever been on the table. Mr. Rollason: But the authorization of work that was given to Metric, which I believe was -- Chairman Teele: No. The question was the board. Mr. Rollason: I understand. Chairman Teele: What did the board approve? Mr. Rollason: And again, I don't have that reso right in front of me, but I believe my research showed that that resolution specifically spoke to the 91h Street to IIth Street, which was then expanded later to be from 7th Street to 14th Street. That work was not done. The design and the work with WRT (Wallace, Roberts and Todd), that work was not done. Instead -- . 62 April 28, 2003 0 U Chairman Teele: Frank, just bear with me. Mr. Rollason: I'll bear with you. Chairman Teele: Just bear with me. The 9th Street Mall runs east and west. Mr. Rollason: Yes, sir. Chairman Teele: OK. Ninth Street couldn't go to I I th Street. The mall itself runs, east and west. Mr. Rollason: Yes, sir. Chairman Teele: The scope of work is between 2nd Avenue and 95, or between the railroad track and Biscayne Boulevard. Mr. Rollason: Yes, sir. Chairman Teele: Ninety-five is the western terminus. There's -- I mean, you know, you can't -- Mr. Rollason: No, I'm with you. I know exactly -- Chairman Teele: -- get 1 Ith Street out of the 91h Street Mall because it doesn't exist. Mr. Rollason:. The -- Chairman Teele: And I would also say this. This item has been approved by this board, at least, four times, starting with the 9th Street Mall, going back to the CDBG (Community Development Block Grant) requests, the second request CDBG. I mean, it's not a question that it -- was it approved or not approved. The question goes to what Joe Sanchez -- Commissioner Sanchez is raising and that is, once the board approved it, what instructions were translated? Mr. Rollason: Well, let me say this then. The instructions that were translated to the contractor - Board Member Regalado: Where are we? Vice Chairman Winton: Thirteen. Board Member Sanchez: Thirteen. Chairman Teele: Thirteen. Mr. Rollason: -- was to -- Board Member Sanchez: Ratifying something we didn't approve. 63 April 28, 2003 C� Mr. Rollason: -- was to do work on 3rd Avenue from 91h Street to 11 `h Street. Chairman Teele: No, sir. From 9th Street -- it couldn't be on -- Mr. Rollason: I hear what you're saying, Mr. Chairman, but I'm telling you that that is not what the record reflects and nor, when I met with Metric Engineering, their understanding of what their scope of work was to be, which was then later changed by staff to do .the segment between 2nd Avenue and 3rd Avenue, which is exactly what you're talking about was supposed to have been done. Chairman Teele: That's what we approved in the CDBG hearing. That's what we approved with Dick Judy. Remember those maps that had the parking lots and all that? Mr. Rollason: Yes, sir. I know exactly. Chairman Teele: We've approved that thing at least five different times. Mr. Rollason: Well, this work that is here before you has been done. It's been paid. It has been put out to bid. It has -- I have signed the contract for -- Vice Chairman Winton: How do you do it and pay it and now you're putting it up for bid? I don't understand that. Mr. Rollason: Well, no. Chairman Teele: That's the engineering work. Mr. Rollason: They did the engineering design work and then their product, from 2nd Avenue to 3rd Avenue, was put out to bid. That contract has been approved for Community Asphalt and they're ready to start work on that segment. And what brought this to light was when I sat and had a meeting with Metric to bring them back on board to continue to oversee the project now with WRT, to see that what they had designed takes place. We then found that we had this problem. What I have here in front of you, I believe, resolves that. I've been over it with general counsel. They have advised me that this is what is needed to resolve this. But it's water under the bridge because it's been paid. This -- Metric Engineering has been paid. Board Member Sanchez: That's not the issue. Mr. Rollason: I understand. I understand. Board Member Sanchez: The issue here is without board action. We didn't approve it and this is not the only issue that has come in front of this board member, this trust, in the five years that I've been here. OK. Pertaining to those issues ratifying. Every time one of these ratifying, you know, orders or resolutions come in front of me, you know, the hair behind my neck stand up. And I have to do all my homework on these issues to find out because, at the end of the day, the people that are embarrassed are the Commissioners up here. 64 April 28, 2003 E Vice Chairman Winton: So, Mr. Chairman, given -- I'm sorry. Did you -- Chairman Teele: Commissioner Winton. Vice Chairman Winton: Given what Commissioner Sanchez said, it seems to me that what we need to do is, Frank, defer this issue. You bring your grid back at the next meeting that shows the history of what we have done -- Mr. Rollason: I understand. Vice Chairman Winton: -- and where the gap is and we can -- then Commissioner Sanchez can see right in front of him, I can see right in front of me every single step that's been taken that relates to this issue. And we can see the gap clearly and don't just have to accept the word of the Executive Director that this is the issue. Mr. Rollason: I can do that. Chairman Teele: Commissioner Winton, would you allow us -- in that this -- I mean, I've not consulted with the Executive Director, but in that this does involve a project in progress — Vice Chairman Winton: Oh, it's in progress. Chairman Teele: -- could we come back at a special meeting, just on this issue, after the documentation has been put together and disseminated for at least three days? Vice Chairman Winton: Yeah. Maybe we could do it at the -- at one of the -- could we do it at the -- I know that we talked about what we have to do at the first. Is it appropriate to -- Chairman Teele: Yes. Vice Chairman Winton: Is it legal, appropriate, whatever to -- Chairman Teele: As long as we give notice, just like we did here -- as long as we give notice and as long as the information is available. The information's got to be available at least three days in advance. Mr. Rollason: All right. How -- Vice Chairman Winton: Oh, so the I" doesn't work? Mr. Rollason: How about -- Vice Chairman Winton: So, the 8"? 65 April 28, 2003 0 Mr. Rollason: How about this? Fourteen and 15 are going forward. Thirteen is the one that I'm trying to make right on money that has already been expended. Vice Chairman Winton: Thirteen (INAUDIBLE) Mr. Rollason: Now -- right. In other words -- Vice Chairman Winton: No (INAUDIBLE). Mr. Rollason: Thirteen is in the past. It fixes what I think needs to be done to fix in the past. Vice Chairman Winton: Well, Item 13, you mean. Mr. Rollason: Item 13. Vice Chairman Winton: OK. Mr. Rollason: Fourteen and 15, which are related to the same company, are going forward. In other words, if there was nothing to be done with Item 13, I need you to do 14 and 15 tonight because the project is going to break ground. Then I can come back to you at the next board meeting, which is May 19th, and bring to you these issues on number 13 to see how we reconcile 13. But 14 is new money. The money's been identified. I need to get these contracts -- this particular consultant back on board. Fourteen allows me to buy off the City contract that exists, so that I can get Metric back on board. And then 15 is specific to the project we're talking about that is going to break ground to spend the forty-three thousand dollars ($43,000) to allow them to oversee the project. The issue that we're discussing is 13, as to whether or not it's as I perceive it to be or as, perhaps, the chair, you know, proposes it to be. Chairman Teele: Look, I'm not taking exception with what you're saying. I'm taking exception with your answer to Commissioner Sanchez. I don't know what the staff director --I mean, you know -- Mr. Rollason: I understand. Chairman Teele: Contrary to the picture that may be being painted, I don't know what the Executive Director transmitted to -- on any case. I didn't -- I have never seen one contract and don't desire to, but I can tell you what this board approved. And I can tell you that I will find at least three separate occasions where this board has approved the scope of work to .be between 9th Street, from 2nd Avenue to 3rd Avenue, and 91h Street, from 2nd Avenue to I-95. That's the only issue. Mr. Rollason: I understand. Chairman Teele: The issue between 3rd Avenue and I-95. And it's been approved at least five separate times, starting with Dick Judy. 66 April 28, 2003 • • Mr. Rollason: So, I'll bring back 13 on May 19`h, and we can go -- 67 April 28, 2003 XE ` THE>"DIitECTOR°T:O'':TJTIL IZE'=:5 RV CES'a ERO G .ALT-THORIZE�::wE CU YEAR2002.2Q04,CONTRACT:FORrGENERAL,ENGINEERIN.G` SERVICES.. , . ;. T. 'F .. O 0 :00- RACT �-A1VIO.UN �70.0 �0. 0 `1VIETRI �ENGINEERINCrFNC'FOR;FUh;I:;C,QNT $ ., C - Chairman Teele: Is there a motion on Item 14? Board Member Sanchez: So moved. Chairman Teele: Is there a second? Vice Chairman Winton: Second. Chairman Teele: Is there objection? On 14, all those in favor say "aye." The Board Members (Collectively): Aye. Chairman Teele: All opposed. The following resolution was introduced by Board Member Sanchez, who moved for its adoption: CRA/SEOPW RESOLUTION NO. 03-43 CRA/OMNI RESOLUTION NO. 03-34 A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY AND THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, (THE "CRAS") AUTHORIZING THE EXECUTIVE DIRECTOR TO UTILIZE SERVICES (PIGGY -BACK) FROM THE CITY OF MIAMI'S FISCAL YEAR 2002-2004 CONTRACT FOR GENERAL ENGINEERING SERVICES WITH METRIC ENGINEERING, INC. AS APPROVED BY CITY OF MIAMI RESOLUTION 02-144, FOR THE FULL CONTRACT AMOUNT OF $700,000.00 SUBJECT TO THE AVAILABILITY OF FUNDS AND PROVIDED THAT ALL WORK ORDERS ISSUED UNDER THE CONTRACT SHALL BE APPROVED BY THE RESPECTIVE BOARD OF DIRECTORS. 68 April 28, 2003 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the resolution was passed and .adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Joe Sanchez NAYS: None ABSENT: Board Member Angel Gonzdlez Board Member Tomas Regalado Chairman Teele: Is there a motion on 15? Vice Chairman Winton: But 14 -- excuse me, Commissioner -- Mr. Chairman. On 14, I want that same -- at the next meeting, on revisiting 14, we're passing it because you're already in the (INAUDIBLE), but I want that grid here next meeting -- this report next meeting on 14. Frank Rollason (Executive Director, CRA): Mr. Vice Chairman, 15 is that piece that you need the grid on. Fourteen is only a sealing that allows me to go to a contract. Vice Chairman Winton: OK. Mr. Rollason: And then 15 -- Vice Chairman Winton: All right. Mr. Rollason: I'm saying to you, now you gave me 14. I want to go into that contract and I want to spend forty-three thousand dollars ($43,000). And that forty-three thousand dollars ($43,000), in your package, has a break out and sort of a gant (phonetic) charge as to how that money will be spent right now. Vice Chairman Winton: I'm clear. Thank you. J 69 April 28, 2003 iJTHORIZEEXEC ` TIVE=DIRECTOR"T �:ISS ;ORK�QRDE ER:�CURRENT GRA}JiCONTRACT WITH :METRIC' ENGINEERING :....r :..:.x .... .. ............. - IN = .�F� `R�:z� ,... ,:_... _ ST � ..Ll �. . C..-, _ O, , , CQN; �, RUCTION ,PHASE` ��SERVICES�;'INCONNECTION�hWI`TH�� GONSTRTJCTION� (JF�'9TH �� THE MALE: BETWEE W :2. RD N.N. :AND;N:W:3 AVENUES`> 43' 05S.:OOjFRO1Vh? B $ , CD G'CAPITAl�" :.IIVIPR OVEIViENT S CCOUNT<NUIVIBER;� `:: Chairman Teele: Would you move Item 15? Vice Chairman Winton: So moved. Chairman Teele: Would you second it? Board Member Sanchez: Second. Chairman Teele: Is there objection? All in favor say "aye." The Board Members (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: CRA/SEOPW RESOLUTION NO. 03-44 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (THE "SEOPW/CRA") AUTHORIZING THE EXECUTIVE DIRECTOR TO ISSUE A WORK ORDER UNDER THE CURRENT CRA CONTRACT WITH METRIC ENGINEERING, INC. FOR CONSTRUCTION PHASE SERVICES, AS DESCRIBED IN THE ATTACHED EXHIBIT "A", IN CONNECTION WITH THE CONSTRUCTION OF THE 9TH STREET PEDESTRIAN MALL BETWEEN, N.W. 2ND AND N.W. 3RD AVENUES, IN AN AMOUNT NOT TO EXCEED $43,055.00 FROM ACCOUNT NUMBER 799126.452502.6.930, CDBG CAPITAL IMPROVEMENTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Joe Sanchez NAYS: None ABSENT: Board Member Angel Gonzalez Board Member Tomas Regalado 70 April 28, 2003 0 Chairman Teele: Madam Clerk, I am requesting for you to work directly with the Executive Director to work with my office. I would like to see everything related to the 91h Street Mall, the 3Td Avenue extension of the 9th Street Mall, going back to the approval of the 3Td Avenue Business Corridor, in which all of these projects were laid out. And I'm -- Frank, the purpose of this is, I'm going to show you that this has been approved by this Board, in the scope of work that we're talking about, from 2nd Avenue to 3rd Avenue and nothing else, at least, five times. Frank Rollason (Executive Director, CRA): OK. Chairman Teele: And the question that Commissioner Sanchez is, in fact, the question that drives me crazy, and that is, when the Board approves something -- Mr. Rollason: What do we do? Chairman Teele: -- what the staff translates that down -- if somebody made a typographical error, if somebody wrote in 11`h Street, there's no way godly possible that anybody doing the 9th Street Mall could get it up to I Ith Avenue because those -- they run parallel with each other, 91h and I Ith. There's no way you can -- I Ith Street and 9th Street run parallel. There's no way they could come together, not in this lifetime. 71 April 28, 2003 C "DISUSSIONS,:'=WITH'>GITY ;a�'6: '�INSTRTJCTz' .EXECUTIVE=°,DIRECTOR-�T.O;�INITIAT �,w :. yK `. _.�.:-. .- •'".. _,:3:: .:>_�°�.: :.;'� .. .:.::."m' _.'..: ..'-'^.<:.'_::v, �.'�i.:'. �: »:.�� ....:.?�.Ai:�.s.".,`r:..-;',:+.::. w.: ':,.'.:r„ �:..K..t ..s.R. ;..-.?d'f•.: �A. i ,ChI'IEF _OF "POLICE RRIS DESIGNEE; T.O'gDEVtELOP,IlVIPLElGIENTYP:OT;ICIN,G`: , •3 :<EITHER:THRbU.GH��� 7'_I�V77' �TIATIVES:F.OR?=-CRAs:£FOR�INCREASED:,;SEC[JRITY=;PATROIS;�, CITY POLICE OFFICERS.:>OR�;VIA'PRIUAT . S ., _ Chairman Teele: Item Number 16. And again, I apologize to the police. Commissioner Regalado had to leave. This is a resolution requesting that the Executive Director work with the police to establish security patrols in the Omni and the Southeast redevelopment. And this has been deferred. And I think, you know, one of the things that Chief Timoney has said early on is that he didn't want private security guards working through his City. And I think it's really important that Chief Timoney be taken to the Metrorail stations all over this City -- Frank Rollason (Executive Director, CRA): Yeah. Chairman Teele: -- particularly, in the Omni, where you've got armed guards all over the City. I mean, that's the way it is. And the question is, is there a duty -- is there a difference between armed guard service versus police services? And is there a different discipline and is there a different structure? We're responding to the community -- and congratulations to you, Majors. Unidentified Speaker: Thank you. Chairman Teele: But we're responding to the community. The one thing -- the two consistent things that we hear whenever we hear from business owners and residents is parking and security, security and parking, you know, going all the way back to Big Time Studios. It's the same thing. So what we're looking for is a cooperative relationship between the Executive Director. It goes right back to this City of Miami/County thing, between the Executive Director and the police to come up with some creative things. We cannot fund, under Chapter 163 -- and that's why knowing what Chapter 163 is important if you've going to talk about CRA (Community Redevelopment Agency) -- you cannot fund police activities, regular police -- routine police activities under Chapter 163. Chapter 163 does provide for innovative and creative and pilot programs that can be done. So, we'd just like to hear from you and know that we would hope that you and Frank Rollason could work together on it. Major Craig McQueen: Yeah. That's not going to be a problem, sir. And, again, thank you for - Chairman Teele: Your name for the record. Major McQueen: I'm Major Craig McQueen. I'm the central district major. And again, yes, we are going to work wholeheartedly with Mr. Rollason and the CRA. We presented some small proposals that we were actually currently looking into, even to the fact regarding to security guards, armed and unarmed, as well as creating -- with cameras and different type of security that we can put in the area. And particularly, in some of the areas that we're looking into, Ybor City in Tampa and some of the other areas where they've created a special district, where the owners of the night clubs put together a special fund to hire the police officers and also guards. And even a donation of golf carts that can be used during that time. The other issue also 72 April 28, 2003 regarding cameras. We're looking into that because it would be nice to say, "Welcome to Park West. Enjoy yourself. This area is under police surveillance," for cameras. Those are great deterrents also. So, yes, I know it definitely is expensive to hire police officers. And, yes, I am aware that the CRA cannot fund this. So we are looking into those issues. What are we going to do once the pilot program runs out? And we presented to Mr. Rollason at least eight different ideas that we have. Also, I just want to make note that on May the 6t", myself, Chief Timoney, and the State Attorney's Office will be meeting regarding -- I repeat -- homeless individuals that we've been having so many problems with. And, hopefully, out of that, Mr. Harry Davis and all that whole crew will be able to totally come up with something to get rid of those folks. But, yes, we will work with Mr. Rollason. We're going to sit down and brainstorm. I think we have some things on the table here that we may be able to work. And we are going to deploy some of our resources; the bicycle units and some of the beat officers are going to be deployed in that area. Chairman Teele. I don't mean to be disrespectful or coy, but we don't need to get rid of those folks. What we need is -- Major McQueen: Yes. Chairman Teele: -- a comprehensive program to work with the homeless -- Major McQueen: Yes. Chairman Teele: -- that's both compassionate, that reflects, you know, modern day -- and I realize that this is a tremendous effort to coordinate resources. And the CRA -- again, if there's one issue that will change the economic model of the CRA, it's the homeless issue and the release of prisoners that spend their time, you know, coming and the feeding that goes on in the redevelopment areas. Nobody is interested in major financial undertakings if the homeless are going to be camped on your doorstep. So, again, I don't want to make that an issue, but I do think how we frame that issue has got to be really done with a lot more compassion. Major McQueen: Don't let my choice of words -- I apologize for my choice of words, if it sounded a little harsh. But I stated this last time. We do need to have a daytime facility for our homeless. Right now, we don't have a place for them. Chairman Teele: Well, we have one. It's called the 9th Street Mall. Major McQueen: No, but a real one where they can receive medical treatment and have an open air, but still in a facility where they can be taken .to. And when that happens, the instant relief will be from all over. And one of the issues that we're going to meet with the State Attorneys on is the instant releasing of the folks when those who do commit crimes, how they're just basically turned around. And as you know, our jail is right here on 14`h Street and they're brought from all over, not only Miami, from every County brings their prisoners here, particularly their homeless. And guess what they do? They leave the jail and they start walking toward the Camillus House. And so, we have that natural barrier. So, yes, don't let my choice of words -- I apologize for that, but we definitely need a daytime facility so that the people who are homeless can have a 73 April 28, 2003 • 0 place to go to. But, again, getting back to the issue, we are looking at redeploying beat officers and bicycle officers to assist in that. Again, our K-9 office has been moved, as well as our bicycle office. It's in the 91h Street now, so that's going to increase the presence in that area. And when we look at the special assessment district, where funds can be used for security and even getting with the business owners themselves and for them hiring, and I think that's probably going to be our biggest bang for the buck for that, similar to what they do atYbor City and some of the other locations, so we are looking at that. Chairman Teele: Would you introduce the two commanders that are here? Major McQueen: Yes. Thank you. This is Commander Meeks, one of our 30-year vets. He's actually in charge of the Overtown/Wynwood area, and Commander Reed, also of our downtown district. I'm very proud to have these gentlemen work with me. And, of course, they're both affected by what's happening on the 9`h Street Mall. And Lieutenant Reed Canadd -- I'm sorry, Commander Reed can add a few little things here. Commander Reed: Downtown, what we found out in the 12 years to see crime go down, down, down. What the Chief is doing right now is, he's checking all of our resources, making sure that all of our manpower is used as efficiently as possible. And, yes, I believe downtown, we have some resources that .can be redeployed up into the entertainment district. I think it's time the entertainment district and the west Omni project starts getting its appropriate resources from the Police Department, and we start addressing these minor issues so we can make this area grow and increase the tax basin. Yes. The K-9 office has just been moved to the old NET (Neighborhood Enhancement Team) Office. That's going to give us additional police presence during the late evening hours. I think by bringing the business owners on, especially the Gold Rush and the others, if they can pay for a patrol on the peak hours when they're open and we can get a chance to supply some golf carts to bring the officers down to the level where they're not riding around in air-conditioned police cars, but they're actually down there at the ground level and have them patrol these districts there, I think that'll help us out a lot. I believe the cameras system, we've worked with Frank Rollason. He says that there's going to be some computers for the cameras available from the CRA. And if we can get either donations or some extra funds for the long range cameras, to get the cameras down there and get it appropriately posted, I think it'll make a lot of our citizens feel a lot more comfortable down there. But I'm really excited about what's happening. And definitely, a couple of our beat officers, in the beginning, one or two, bicycle beat patrols are going to be dedicated down there. And as the system comes on and gets more and more enhanced, then we're going to go ahead and add the additional manpower. Vice Chairman Winton: Do you keep separate stats on crime -- separate crime stats for the CRA districts? Commander Reed: Yes, we do. We can divide it down. I gave Mr. Rollason one for the last 12 years. It shows a tremendous decrease in crime. And, actually, the crime in the CRA districts is down, down, down. But what the problem is the quality of life and the homeless and the -- Vice Chairman Winton: Right. 74 April 29, 2003 �► o Commander Reed: -- crimes associated with the homeless that the people are complaining. A lot of times they equate that to a big crime problem. It's a nuisance problem but it isn't a (INAUDIBLE) problem. Vice Chairman Winton: Well, but I'd just like to — you know, from a board standpoint, I'd like to make sure we see that data monthly. We ought to -- Mr. Rollason: They're sending it to me and I will put a cover on it and send it to you. Vice Chairman Winton: OK. Thank you. Anything else? I've got to go. Commander Reed: Oh, there was another issue that came up. They asked me to come over to the Marriott. Back about seven or eight years ago, or maybe it was 10 years ago, we had lost a lot of the flight crews from Miami International Airport because of the crime downtown. I made a presentation with Juan Ramirez over here at the Marriott Hotel to the United Pilots Association. Apparently, they had been going up to Ft. Lauderdale, many of the crews that come in for overnight. Chairman Teele: Right. Commander Reed: We're trying to get them back to downtown Miami. And I gave them a presentation, the same thing I gave you, on how crime has gone down 12 years. Not only will they save themselves an hour, hour and a half ride and that's not during rush hour traffic to Ft. Lauderdale, but with the new expressway coming over here, they're 30 minutes away from being based downtown. Trying to get those flight crews back downtown. Vice Chairman Winton: And close to all the action. Unidentified Speaker: Yes. Chairman Teele: Anything we can do to assist.you in that, we'll be more than happy. Is there any -- Mr. Director, did you -- were you requesting any particular action on this?� Mr. Rollason: Other than passing a resolution, I think we've been having the meetings and so forth. And I think that if you stay here long enough, you start to see some of the things come in full circle again and I'm reminded of the rangers programs, much like we had down with DDA (Downtown Development Authority), with the golf carts and the cameras. I think that some of those have some good values and we'll work together and it may be, when I put my budget together, that I come to you with some suggestions that we can participate on the infrastructure part. Chairman Teele: Motion on Item 16. Board Member Sanchez: So moved. Vice Chairman Winton: So moved. 75 April 28, 2003 • Chairman Teele: Seconded by Commissioner Winton. Is there objection? All those in favor say aye. The Board Members (Collectively): Aye. Chairman Teele: All opposed. The following resolution was introduced by Board Member Sanchez, who moved for its adoption: CRA/SEOPW RESOLUTION NO. 03-45 CRA/OMNI RESOLUTION NO. 03-35 A JOINT RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST ("SEOPW") AND OMNI ("OMNI") COMMUNITY REDEVELOPMENT AGENCIES (CRAs), INSTRUCTING THE EXECUTIVE DIRECTOR TO INITIATE DISCUSSIONS WITH THE CHIEF OF POLICE OF THE CITY OF MIAMI, OR HIS DESIGNEE, TO DEVELOP AND IMPLEMENT POLICING INITIATIVES FOR THE CRAB FOR INCREASED SECURITY PATROLS EITHER THROUGH CITY OF MIAMI POLICE OFFICERS OR VIA A PRIVATE SECURITY SERVICE UNDER THE DIRECTION OF THE CITY OF MIAMI POLICE DEPARTMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Joe Sanchez NAYS: None ABSENT: Board Member Angel Gonzalez Board Member Tomas Regalado Chairman Teele: Item 17. Commander Reed: Thank you. Chairman Teele: Thank you very much and appreciate your patience. 76 April 28, 2003 Chairman Teele: Item 17. Frank Rollason (Executive Director, CRA): Seventeen was the item that was deferred from the last -- Chairman Teele: Pilot program. Mr. Rollason: I mean, the pilot program for somebody's (INAUDIBLE) Vice Chairman Winton: So moved. Chairman Teele: Commissioner Winton is moving it. Board Member Sanchez: Second. Chairman Teele: Second. Mr. Joseph, you all don't need to say anything. I don't think there's anything we can do more important right now to helping the community than helping the City get more staffing in there. And those young kids have just literally almost began to deface the park with their skate blades and skateboards, and you know, you can't blame the kids. But we've got to have better control over that facility. Fred Joseph: Thank you, Chairman. We've got the homeless back in there, half a million dollar ($500,000) site for their boxes and mattresses. So if we could get that patrol in there, we'll be able to help out a lot. Chairman Teele: Frank, did you hear that? The homeless are -- Mr. Rollason: Yes. And I was there the other day and -- when the Police Department came back out. And I think, as we said early on when we met with the community, that eventually you're going to be facing the fencing issue there of that park. And I know you shake your head, Fred, but in six months, you're going to be begging for one. Vice Chairman Winton: OK. Chairman Teele: We're going to have to move on, Fred. But all those in favor say "aye." The Board Members (Collectively): Aye. Chairman Teele: Opposed. 77 April 28, 2003 The following resolution was introduced by Board Member Sanchez, who moved for its adoption: CRA/OMNI RESOLUTION NO. 03-36 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OMNI COMMUNITY REDEVELOPMENT AGENCY ("OMNI CRA") AUTHORIZING THE EXECUTIVE DIRECTOR TO COORDINATE WITH THE CITY OF MIAMI PARKS AND RECREATION DEPARTMENT, AS PART OF A THREE YEAR PILOT PROGRAM AT MARGARET PACE PARK, THE HIRING OF A FULL TIME EMPLOYEE WHO WILL BE ASSIGNED TO SAID PARK; FURTHER REQUIRING THAT THIS POSITION WILL FUNCTION UNDER THE AUTHORITY OF, AND BE SUBJECT TO, THE CITY OF MIAMI PARKS AND RECREATION DEPARTMENT; FURTHER REQUIRING THAT THE TOTAL COST OF SALARY AND BENEFITS FOR THIS POSITION SHOULD NOT EXCEED $30,000 ANNUALLY EXCEPT FOR INCREASES RELATED TO THE CITY'S BARGAINING UNIT AGREEMENT(S) IF A FULL TIME CIVIL SERVICE POSITION IS UTILIZED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Joe Sanchez NAYS: None ABSENT: Board Member Angel Gonzalez Board Member Tomas Regalado 78 April 28, Z003 0 9 ..,,: �...... .' , :BETWEE AN'�'CRA�AND:;:CITI'= RNIN.G�MR:� D.ONAID::tZUCHELLI' OFZHAfINCAND EEASIB :4.,:.. II:ITI'_=;roECON C`���STRATEGI';; REPORT FOR;'DOVWNTOWN'OVERTOWN'DEVE`` ' r. LOPIVIENT`.PRQGRAIVIIVIIN�-����r':tim`='�=� Chairman Teele: Mr: Yuken, I know that you had petitioned to be on the agenda. We are down to the last two items, and Commissioner Winton, I can see is in a little bit of discomfort here and been very -- thank you for keeping the quorum. Item Number 18. Frank Rollason (Executive Director, CRA): Eighteen is, if you recall at the last meeting, Mr. Zuchelli was here from ZHA (Zuchelli, Hunter & Associates). Since that meeting, we have met with City staff and Planning and Economic Development. A lot of information is coming back and forth. And I would say to you that we're making some progress for them to evaluate. And it will probably be the June meeting when we're able to come back to you with Mr. Zuchelli for his final report. It just will not be ready by the May 19th 79 April 28, 2003 • 1 4 `DIREC:T : �: EXECUTNE'<�;�DIRECTQR'� `:TOE:==°=EROVIDE��;=STATUS �� _� REPORTS;<�'IN ,.1 /V; n.Yri.;:fr' _,':..-. . ..' ..1r ... y:r. ..±.^-•5.. '.. '�y; .. ,..: ., :: - .:..5..� .: .'i;. ., � _ _ .� y.. d..�.'r�...�;',.-Y �Y. :�!.. s-0-f'".-:x:^ „+.., ya - �! s„ �=THREE����R'ESTAIJRANTS �',IN�=��OVERTOWN°�-*=>MR.:.-�;YUKEN;S 'BARBERS&HO - �P.ROJECT �;ANDaOVERTOWN h> Chairman Teele: Thank you. I would like to ask -- would you put your name on the record, Mr. Yuken? Solomon Yuken: Yes. Solomon Yuken, president of New Arena Square, 1023 Northwest 3Td Avenue. Chairman Teele: And you're here to do what? Mr. Yuken: I'm here to request from the board to try to help out Mr. Rollason in resolving the problem of paying the (INAUDIBLE) for the construction that has been completed on my project. And also, to bring to the Board's attention that we have completed also phase II of the project, which were the elevators and the hallways. That has been completed. So the whole (INAUDIBLE) is completed. I am out -- from my property, I'm out of seven hundred and fifty thousand dollars ($750,000) and I haven't seen a penny of it. Chairman Teele: All right. What I would like to do, if it's OK with the Board, is to ask that the items relating to the three restaurants and Mr. Yuken's project, as well as the barbershop project, and let's get, in the May meeting, all of these Overtown projects that continue to have problems. And even if we don't have the solution, let's get, at least, a status report as to where each one is. And Mr. Yuken, of course, has been here -- is there a legal problem on Mr. Yuken's project? Vice Chairman Winton: What is it? Mr. Rollason: While there are two issues on Mr. Yuken's project, one is just as he stated. The funds in place to be able to pay him for money that he has expended. I have to move money to be able to do that, and either -- Chairman Teele: Do you need board approval? Mr. Rollason: Yes, I do. I'm going to have to do a -- I'm going to have to move some money out of reserves or fund balance into accounts and change the budget, and that is what the CPA (Certified Public Accountant) was speaking to. For those particular ones that I have to make payments on now, I can bring that before you in May. I wanted to try to do it as one package, which probably won't be `til June, but I have to have that authority to do that. Vice Chairman Winton: I think the sooner you do whatever -- I mean, this is people's money. Mr. Rollason: I understand. I will have something for you in May to take care of those. Now, the other issue is an issue about the authorization or the Board action to do the phase II. There is no -- the money he's talking about on the front part of his memo is money that has been approved by this board. The money that he's talking about to do his elevators, that issue has not come before this board. 80 April 28, 2003 • 0 Vice Chairman Winton: OK. Well, that's a different issue so -- Chairman Teele: The issue has come before this board at least three times, Frank.. It has been deferred. Mr. Rollason: I'm sorry. Chairman Teele: This board has taken no action on the elevators. Mr. Rollason: Right. OK. Chairman Teele: He has made the case very, very clear. He has presented it and the board has taken no action on it. But the question is -- Board Member Sanchez: And he did the job? Chairman Teele: Well -- Unidentified Speaker: Yes. Chairman Teele: Let's separate the two issues. Mr. Yuken: Let me say this just to clarify the whole situation. I couldn't do phase II after phase I was finished. Either we did it or we didn't do it. So that was the problem, and I said that from the beginning and the board didn't want to approve, at that point, the amount of money that was required, so they approved phase I. And then we brought on phase II while the (INAUDIBLE) was ongoing, but it was deferred and deferred and deferred. Chairman Teele: How much money did we approve for you as a grant, sir? Mr. Yuken: Approved? Board Member Sanchez: As a grant. Chairman Teele: Yeah,. approved. The phase I -- the -- Mr. Yuken: Phase I? Chairman Teele: The facade. Mr. Yuken: The facade, 420,000. Chairman Teele: And that's the grant? Mr. Yuken: That's the first grant, yes. 81 April 28, 2003 Chairman Teele: All right. Thank you. OK. I think -- I'm in agreement with Commissioner Winton. I think, you know, it's nice to get everything tied in, but we have an obligation to clarify and live up to our terms of our agreement.' That had to be completed before December 30`h, as I recall, under the federal tax code. So those funds have been expended well beyond December 301h, is that right? Mr, Yuken: No. We spent three hundred and sixty thousand dollars ($360,000) that was the first (INAUDIBLE) or more before December 31" Chairman Teele: OK. That's what I'm saying. So it's outstanding. I think we should get a status report, if not a completed action to the extent we can. Vice Chairman Winton: And bring all those items -- Mr. Rollason: We'll do it. Vice Chairman Winton: -- as you said, to the next Commission -- Mr. Rollason: I mean, I'll bring it back -- Vice Chairman Winton: -- to the next meeting. Mr. Rollason: -- and you can -- Vice Chairman Winton: The restaurants and the barbershop. Mr. Rollason: -- go up or down on the second phase. I mean, that's -- I don't have authorization for the second. Board Member Sanchez: He said his second phase is already completed. Mr. Rollason: That is correct. He went ahead and did that. Board Member Sanchez: Without Board authorization? Vice Chairman Winton: No. Without -- we haven't approved any money for his second phase, so he's paid for it already. If we want to approve some expenditure for his second phase, then that's still up to us. If not, it's out of his pocket. William R. Bloom (Special Counsel, CRA): What he's asking for now is payment for the first phase, which he said the work has been completed. Vice Chairman Winton: Right. That we did approve, that we still haven't completed (INAUDIBLE) 82 April 28, 2003 Board Member Sanchez: And Frank says that we have to transfer funds to be able to do that. Mr. Rollason: That is correct. That is correct. Vice Chairman Winton: So we need to -- Board Member Sanchez: But see, once again, you know, it's credibility. This is a respectable developer who has to come in front of the board to request to get paid. Chairman Teele: And I'm responsible. I know. But, hey. Board Member Sanchez: No, I didn't say you're responsible. I just said -- Chairman Teele: Well, The Herald will. But I mean -- Board Member Sanchez: It sends the wrong message to all the developers -- Chairman Teele: If he were a black guy, you'd say he's responsible (INAUDIBLE) Board Member Sanchez: No, I'm not pointing the finger at anybody. I'm just saying, you know, the message would be out. there that we don't pay our bills. Chairman Teele: I mean, look. I've said it -- I've said to Solomon at least five times, we need to get the thing resolved. I've said the same thing to Willie Williams. But you know, all I'm asking is that we put it on the agenda and try to resolve it. Vice Chairman Winton: And bring all those agenda -- all those (INAUDIBLE) Chairman Teele: And bring all of those businesses in Overtown -- Vice Chairman Winton: Yeah. Chairman Teele: -- as well, at the next -- Vice Chairman Winton: For the very next meeting. Mr. Rollason: Listen. This goes right to the heart of the encumbrance issue of tagging that money and locking it up so that it doesn't go somewhere else. Vice Chairman Winton: I understand that. Mr. Rollason: And that is -- Vice Chairman Winton: But the fact of the matter is that we did make this commitment. There might be things that we're talking about doing that we haven't started that have to be postponed or canceled, but you've got to pay the guy. 83 April 28, 2003 i Mr: Rollason: I don't disagree. Vice Chairman Winton: He's spent his money. Mr. Rollason: I don't disagree. Vice Chairman Winton: 5o I don't care how that -- you know (INAUDIBLE) Mr. Rollason: We will bring that to you to put that money back in (INAUDIBLE) Chairman Teele: And I think that's the most important statement that's been made all night about this budget thing, because I'm getting very, very, very nervous about the way the budget thing is being framed. If the money has not been expended, if there has not been a contract, the board can take an action, we can rescind. We can do a whole series of things. And I think, you know, this mid -year adjustment is a part of the way you manage the agency. You know, moving money from a reserve into a line item is not like something wrong. That's OK to do. Mr. Rollason: No, no, no. I agree. Chairman Teele: I mean, that's not like -- Mr. Rollason: I agree. I just have to come back to do that. Chairman Teele: It's explained as if there is something wrong when you do that. You move money from a reserve column as soon as you got an approved budget on the item, and you have an approved budget on the item. Mr. Rollason: That's correct. I just don't have the money in the line item to be able to make the payment, and that's where we'll come back and bring that to you to -- Mr. Bloom: Commissioners, in this particular instance, there was an authorization approving it and there's also a contract that was entered into with respect to that disbursement. Vice Chairman Winton: Yeah. That's what I was saying. Chairman Teele: That's my point. That's exactly my point. Vice Chairman Winton: Need to get this done. Chairman Teele: There was an authorization and there was an appropriation. Further discussion. There is no action to be taken other than to request the Executive Director to bring it up, along, with all of the other restaurants and businesses -- Mr. Rollason: We're talking about the three that are in -- 84 April 28, Z003 Vice Chairman Winton: Yes. Mr. Rollason: -- Overtown. That's correct. That's four hundred and eighty thousand dollars ($480,000). 85 April 28, 2003 RAL'COUN SEL`TO:':.GO F(JRTH';rWITH;r`APPROPRIATE 'LEGAL;. 20' ',INSTRUCT OPW%CRA` TU` ;:RECOVER• FJNANCIAI EXFENDITJRES :: AGTtION.�F.ON::BEHALF . OF,� SE, _ PRODUCING"-S:IGNED_ AND" .PAID,. TkO;, CNIL,.CADD ENGINEERING;" FOR-,PURI .o i, r. ,.-e.}y-2,.n.�,. :..`:',: ..,, a..»,n ..-.,A.J:: .?• }.R >` - 'a: Y'C, - _ - N,SF.... ..y� TI N.::�Ph✓ANS.: TO, ENABLE: TRUGTLJRAL : AND"a MATERIAL �:SE-ALED;.i'.CONSTRUC_n ,:0 .,>:,•.. � .-�.... , �:..: ,.,�<,..,:.>,.,�.::w;.,,:;<:..; ,�'�:: _ - .:;,�.::-.w, 1VIODIFICPATIONS. ='`TO JACKSCJN. SOUI FOOD RESTAURANT, :TW;03=`kGUYS z T-AND-JUST.RIGHT fB.ARBER"SHOP: ;RESTAURAN ,Y k Vice Chairman Winton: Mr. Chairman, I have an item I'd like to bring up. Chairman Teele: Yes, sir. Vice Chairman Winton: And -- Solomon Yuken: Thank you. Vice Chairman Winton: You may have a different thought about -- did you pass this out? Frank Rollason (Executive Director, CRA): It's being passed out now. Vice Chairman Winton: This is also related to Two Guys Restaurant, Just Right Barbershop and Jackson Soul Food, where apparently, we paid Civil Cadd Engineering to do the full plans on this thing and there's, I think, two elements. One, they never delivered the plans to us and we paid in full for them. And, secondly, I think Frank is saying that there may be some question about those plans even working. So, let's say, for the sake of conversation, that the plans were done correctly. The fact of the matter is, we paid for them. We didn't get them. And I think that we need to take whatever legal action necessary to get our money back. Chairman Teele: Motion. Board Member Sanchez: Second. Chairman Teele: Objection. All those in favor say "aye." The Board Members (Collectively): Aye. Chairman Teele: The item is unanimously adopted. 86 April 28, 2003 0 �► The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: CRA/SEOPW RESOLUTION NO. 03-46 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("THE SEOPW/CRA") INSTRUCTING THE GENERAL COUNSEL TO EVALUATE, CONSIDER, AND GO FORTH WITH THE APPROPRIATE LEGAL ACTION ON BEHALF OF SEOPW/CRA TO RECOVER THE FINANCIAL EXPENDITURES PAID TO CIVIL CADD ENGINEERING, INC. (CIVIL CADD), FOR THE PURPOSE OF PRODUCING SIGNED AND SEALED CONSTRUCTION PLANS TO ENABLE STRUCTURAL AND MATERIAL MODIFICATIONS TO JACKSON SOUL FOOD RESTAURANT, TWO GUYS RESTAURANT, AND JUST RIGHT BARBER SHOP IN THAT THE SERVICES WERE PAID FOR IN FULL AND CIVIL CADD ENGINEERING, INC. HAS YET TO DELIVER TO THE CPA THE WORK PRODUCT AS SPECIFIED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Joe Sanchez NAYS: None ABSENT: Board Member Angel Gonzalez Board Member Tomas Regalado 87 April 28, 2003 0 0 DIRECT YY 4. PAP ER RISTATEV -TAP. JKQf Chairman Teele: Further action. Vice Chairman Winton: One last thing. Could we get a report, at the next meeting, on what's ,going on with the 1-395 parking lots that DOSP (Department of Off -Street Parking) is doing? Frank Rollason (Executive Director, CRA): Yes. I can -- Vice Chairman Winton: Thank you. Mr. Rollason: I'll do that. Vice Chairman Winton: OK. Nothing else. 88 April 28, 2003 • Mr., Cutler: If we're a multi -cultural community, we've got to share the wealth. We've got to share the wealth in this community. Vice Chairman Winton: Mr. Chairman. Chairman Teele: Mr. Cutler, thank you for your observation. And let me just ask the Executive Director -- Mr. Cutler, let me ask the Executive Director to meet with you regarding the notice to proceed regarding the job that we're about to begin on 91h Street Mall. Mr. Cutler: Yes, sir. Chairman Teele: But I -- the first -- but I can't -- I just want to say, you know, Mr. Cutler, I am certainly in the role of "be damned if you do and be damned if you don't." We just finished eight hundred thousand dollars ($800,000) worth of parking lots. On every job, there were nothing but African -Americans working, right? Mr. Cutler: Right. Chairman Teele: OK. Nobody one time says, you know, "Thank you." Vice Chairman Winton Good work. Chairman Teele: In fact, I got The Herald saying that I gave it -- that the Board gave an (INAUDIBLE) in contract, which I don't know anything about still. But all I know is that the workforce reflect what's being paid. Davis -Bacon wages, which the other contractor was not paying, and that the workforce was representative of the community. Now, you know, we can always do better but I think, on the jobs that have federal dollars, the CRA has done an outstanding job to date. Mr. Yuken's job was a private job. It did not have any federal money in it. The dollars that he's requesting will not be federal dollars. It will not CDBG (Community Development Block Grant) or any -- they will be property tax dollars, if he gets any. And the dollars that were committed to him were tax dollars. But, still, your point is a very good point. Thank you all very much. The meeting is -- Commissioner Winton -- Mr. Cutler: Mr. Teele, I would like to add that in a couple of projects you, are correct, there was a lot of participation, even though there were people that was from the outside of the community, but it is refreshing. It truly is. Vice Chairman Winton: Mr. Cutler. Mr. Cutler: Yes, sir. Vice Chairman Winton: Did you say you had a list of people who want to work? Did I hear you say that? Mr. Cutler: Yeah -- 90 April 28, 2003 Chairman Teele: Mr. Cutler is the U.S. Department of Labor representative. (COMMENTS OFF THE RECORD) Mr. Cutler: Yes, sir. I work with the Veterans Program for the Department of Labor. Vice Chairman Winton: Now, we don't have a jobs program in the City anymore because that damn thing that I can't get along with -- Chairman Teele: Workforce. Vice Chairman Winton: Work -- yeah. So they've got that responsibility. It seems to me, maybe, Frank, you could bring them to your office, with Mr. Cutler's list, and we could serve as a facilitator to help bring some of these pieces together, including making contact with the developers that are developing within -- the new projects are going to start coming. You're going to see real stuff and get on the bandwagon now. I'll be glad to call some of the developers myself, as we get this list, and we get these names -- the list of names of people who want to work and what their qualifications are, and we'll get them in the hands of two entities: One, Workforce Development. So we'll see if they ever do anything for the City of Miami. But, two, to the developers that I'd be happy to call and get that list of names in the hands of the developers that are going to be building projects within the CRA district boundaries and outside, for that matter. I don't care. We can do all the developers that are coming along in the greater downtown area. Frank Rollason (Executive Director, CRA): We can do that. And we also have a policy that we have been massaging to get before you, which deals sort of like a first source hiring, but not to that extent so that it passes the (INAUDIBLE) Vice Chairman Winton: But phase I, we could start tomorrow. Mr. Rollason: No, I -- Vice Chairman Winton: You could have a meeting and you could get his list. Mr. Rollason: It's no problem. Vice Chairman Winton: And I'll be happy to call any of the developers -- you can call developers. I'll call developers. Mr. Rollason: No problem. Vice Chairman Winton: You tell me what you want me to do and I'll call. Mr. Rollason: We can do that. 91 April 28, 2003 Vice Chairman Winton: OK. Chairman Teele: Thank you for bringing it to .our attention. Mr. Cutler: Thank you, sir. Chairman Teele: The meeting stands adjourned. We've lost the quorum. Mr. Rollason: Can I just -- just a couple of announcements, so we know. The next meeting has been changed. It's May 19th, because the last Monday of the month is a holiday. So it was backed up and that's just so everybody gets in -- Vice Chairman Winton: What day of the week is that? Unidentified Speaker: Monday. Mr. Rollason: It's a Monday. Vice Chairman Winton: The 18th is a Monday? Mr. Rollason: Nineteenth is a Monday. Vice Chairman Winton: We just moved weeks. Mr. Rollason: Right, we just moved that. And just to let everybody know that the -rand opening of Gill's is tomorrow at four o'clock, at 28 Northeast 14th Street. That's one of the winning numbers for the CRA. That's restaurant's going to open. So everybody's invited to that. Vice Chairman Winton: OK. 92 April 28, 2003 There being no further business to come before the Community Redevelopment Agency for the Southeast Overtown/Park West and Omni District, the meeting was adjourned at 8:10 p.m. ATTEST: PRISCILLA A. THOMPSON, City Clerk SYLVIA SCHEIDER, Assistant City Clerk ARTHUR E. TEELE, JR., Chairman 93 April 28, 2003