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HomeMy WebLinkAboutSEOPW OMNI CRA 2003-10-27 MinutesMINUTES OF THE REGULAR BOARD OF DIRECTORS MEETING OF THE COMMUNITY REDEVELOPMENT AGENCY FOR SOUTHEAST OVERTOWN/PARK WEST AND OMNI DISTRICTS On the 27th day of October 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 V.I.P. Room, Old Miami Arena, 701 Arena Boulevard, Miami, Florida. The meeting was called to order at 5:21 p.m. by Chairman Arthur E. Teele, Jr., with the following Board Members found to be present: Chairman Arthur E. Teele, Jr. Board Member Angel Gonzalez Board Member Joe Sanchez ABSENT: Vice Chairman Johnny L. Winton Board Member Tomas Regalado ALSO PRESENT: Alejandro Vilarello, City Attorney, City of Miami James Villacorta, Assistant City Attorney, City of Miami Frank Rollason, Executive Director, CRA, City of Miami William R. Bloom, Special Counsel, CRA, Holland & Knight Priscilla A. Thompson, City Clerk, City of Miami Anna Medina, Legislative Services Supervisor, City of Miami October 27, 2003 An invocation was delivered by Chairman Teele, who also led those present in a pledge of allegiance to the flag. 1. DIRECT EXECUTIVE DIRECTOR TO PROVIDE BOARD WITH LIST OF ALL DOCUMENTS BETWEEN CONTRACTORS AND AGENCIES FOUND NOT EXECUTED NOR APPROVED BY BOARD. Chairman Teele: All right. Commissioner Winton has -- and Commissioner Regalado have expressed their regrets through their staff So, we will have, I assume, a very brief meeting. Mr. Director. Frank Rollason (Executive Director, CRA): Yes, sir, Mr. Chairman. The first item, Item 1, is an update on the external audit findings with KPMG (Klynveld, Peat, Marwick, Goerdeler). And Carlton Branker, from Harvey, Branker & Associates, will give an update as to where we stand. And then, the direction from the board was, at some point, to have workshop on these items. I felt that we could bring you up-to-date with this, and if that's satisfactory, that's fine. And if you still desire the workshop, we can go forward with that. Chairman Teele: When would you like to have the workshop? Board Member Sanchez: No. Chairman Teele: Why don't we not have the workshop, unless somebody calls for it? Why don't we do that? Board Member Sanchez: Perfect. Mr. Rollason: All right. Carlton, you want to go forward with your presentation? Carlton Branker: Carlton Branker with Harvey, Branker & Associates. Basically, I just want to kind of give you a brief overview of what we have here. And then, if it pleasures the board, I'll go down in detail. But, again, my objective is to give an overall global view of what we're doing. And, again, I can go down in detailed explanation for -- if you need. Basically, the chart that you're looking at in front of you is a detailed chart of all the various management letter comments that the CRA (Community Redevelopment Agency) has received from their external auditors, KPMG, for the past, maybe, three years. What this chart does is put them in a format that makes it easy to follow what the comment was, what the condition was, and the corrective action is the action that the CRA, along with myself, Harvey, Branker & Associates, is putting together to try to resolve what those items are. And, again, then we have our projected resolution dates, and a date resolved, if relevant. The overall global thing was to do two things. It was to try to rectify the issue. We sat around, brainstormed to see what this issue was, what was the impact, and how can we rectify it. And the next thing was to figure out the most efficient and cost-effective way to handle both of those. We've been working diligently to get those things done. Again, some of the big things -- some things have been resolved already, some things that we're in the process of working on now, some of the things we are putting policies, procedures, 2 October 27, 2003 manuals together. And according to the projections we have here, we're hoping to have all of these items resolved by the end of December 2003. Board Member Sanchez: Does this address all the reportable conditions and observations? Mr. Branker: Yes. Mr. Rollason: Yes. From 1999 forward, this is the total package. You'll see the dates -- as you go down, you'll see we start off with 2002, which is the year they just completed. And then, as you go through, you will see that it drops down to 1999 on the second page. There were a total of 13 items, and this is all of them. Board Member Sanchez: And they've all been addressed? Mr. Rollason: Yes. Board Member Sanchez: And they've all been addressed? Mr. Rollason: They're all in the process of being addressed, but they are all on this chart. There's nothing left out. Board Member Sanchez: All right. Mr. Executive Director, could you provide me -- and if any of the other board members would want them to be provided this document -- provide me the documents between the contractors and agencies found to be executed -- no agreements between the contractors and the agencies found to be executed nor approved by the board. How many of those items are we talking about? Could you provide us a list of all? Mr. Rollason: I can provide you with what I have found at this point. I don't think that, you know, with the -- I'll do that. I'll provide with what I have at this point that we have not found legislation for. Board Member Sanchez: OK. Thank you. Mr. Branker: Again, if there isn't -- I guess my last piece is we also did sit down with KPMG with this and reviewed this with them. And, you know, they're working with us as best as possible to try to resolve this matter as well. Board Member Sanchez: OK. Chairman Teele: Further discussion? 3 October 27, 2003 2. DIRECT EXECUTIVE DIRECTOR TO RESEARCH ANNUAL REVENUES OF OFF- STREET PARKING AUTHORITY FOR LAST 4 TO 5 YEARS; DIRECT GENERAL COUNSEL TO CHECK NUMBER REPORTED BY CRA CPA CONSULTING FIRM FOR TAX INCREMENT FUND (TIF) AS OF SEPTEMBER 30, 2003 FOR SOUTHEAST OVERTOWN/PARK WEST. Chairman Teele: Next item. Frank Rollason (Executive Director, CRA): Item Number 2 is the financial report, as of September 30th, and that's Carlton, also. Carlton Branker: Carlton Branker from Harvey, Branker & Associates. Again, what we did, we put together a preliminary end -of -the -year -- pretty much, revenues and expenditures as of September 27th, 2000. We are now in the process of finalizing the year-end. Looking forward to finishing a first draft of the total financial statements of the organization by the end of November in a format that will be ready to be audited by our auditors. Again, overall, when -- again, my objective is to give the overall, and if there's any further questions, please feel free to ask me. Overall, the various districts -- I believe the Southeast Overtown/Park West took in about 2.7 million in total for the year. The Omni took in about 3.4 million. We are looking forward to having a carryover balance, in terms of fund balance, which we used in the budget to begin to allocate towards various projects. Again, and as the end of the year financials are ready, we look forward to presenting those again to the board. Board Member Sanchez: Anything outside of the norm, or any reported conditions that we should be made aware of? Mr. Branker: At this point, nothing that I have seen to report. Commissioner Sanchez: Thank you. Chairman Teele: How much money did Off -Street Parking submit? Mr. Rollason: I have a meeting coming up with Off -Street Parking to try to get straight in my mind exactly how this works. They have been renting the lots and we are to get a portion of that, and I'm not seeing any revenue. So, I've got a meeting coming up with Art Noriega to try to square that away and -- Chairman Teele: Yeah, but they submit those revenues annually in September, supposedly. And that would be a part of the annual revenue stream. Mr. Rollason: Right. And I have not received that report. And in our inquiries on that, I've asked Art about it, and a meeting is being set up to go over that and try to reconcile what the situation is. It's come to light several times. We've asked about what the status is on the revenues, and I just haven't received it. 4 October 27, 2003 Chairman Teele: Would you mind going back and -- going back for four or five years and let's - - looking at the annual revenues of the Off -Street Parking relationship, please? Mr. Rollason: We will do that. Chairman Teele: What was the TIF (Tax Increment Fund) for the year that you're reporting in Southeast Overtown? Mr. Branker: For the 2000 and -- I'll tell you right now. This is as of September 30th, 2003, Southeast Overtown/Park West, the TIF from the County was about 900,070, approximately. And from the City, it was 1.5, say 1.6 million, for Southeast Overtown/Park West. Chairman Teele: You say that the TIF for the area was 2.7? Mr. Branker: Correct. There's other revenues in there; some rental revenues, some interest on investments. So, that 1.6 and that other number gives you that. And there was -- again, there's some other immaterial -- I wouldn't call it immaterial, but there's some other revenue dollars that we have in there. Interest income -- Chairman Teele: You need to check that number, Mr. Attorney. The one-time extraordinary payment for the fee of -- Unidentified Speaker: Park Place. The back taxes. Chairman Teele: -- Park Place. William Bloom (Special Counsel, CRA): There was some back taxes, where approximately a million two were paid, which were never in the TIF base, plus the Park Place parcel that was sold, where there's some interest. Plus, you know, a lease agreement with Park Place. Chairman Teele: Yeah. But what was the payment for the TIF -- for the fee? Mr. Bloom: The total payment was two million, three hundred thousand dollars ($2,300,000) of which -- Chairman Teele: Was that in this fiscal year? Mr. Bloom: I believe so. Chairman Teele: Then those numbers don't make sense, is what I'm saying. Mr. Branker: I actually -- I mean -- I don't know if you remember, we talked about that. And I actually contacted an individual at the County and asked them about that. They're actually supposed to be researching that and looking into it for me. But what would happen would be that money may come in the following year, because as -- 5 October 27, 2003 Chairman Teele: No, no, no. Mr. Branker: No. Chairman Teele: The annual payment, which is due in January from the County and the City -- we're talking now about the tax increment fund -- that number approaches about 900,000 plus 1.1, which is roughly 2.1 million, somewhere in there. Then you have your other -- under Chapter 163 -- you have your other sources of income that are generated from properties owned. The fee interest that we purchased or we sold generated how much money? Mr. Bloom: Two million three was the total payment. Chairman Teele: That should be a part of the tax increment fund for this year, or for whatever year we closed in. That should not be treated as general fund. It should not be treated as anything but a tax increment fund, unless someone is going to correct me. But my reading of Chapter 163 has always been those revenues generated by properties owned by the increment district itself should be booked. So, would you all go back and look at that, please? And, Mr. Attorney, I think it's really important because, you know, this is where my interest in the CRA (Community Redevelopment Agency) began, which is the funds from the parking lots never getting to the -- you know, the redevelopment. They were going to Gusman or somewhere, you know. But my back of the envelope should be that the TIF should have generated about four and a half million dollars ($4,500,000) this year, not 2.7. That's why -- but, again, I don't have anything to support that, other than just recollection. Mr. Branker: Again, I had some preliminary discussions, and I'll definitely follow up to see what we can -- get the final resolution on that. Chairman Teele: Further discussion? All right. 6 October 27, 2003 3. ESTABLISH FRINGE BENEFITS RECEIVED BY FULL-TIME GENERAL EMPLOYEES OF CRAS. Chairman Teele: Next item. Frank Rollason (Executive Director, CRA): Number 3 is a joint resolution establishing the list of benefits for CRA (Community Redevelopment Agency) general employees. If you will recall, back in December, when the package for myself was put before the board, there was a directive to come with a package that included all of the general employees. And we have put that together, and that's what's in Number 3. Now, Number 3 is just a list of those items. When we get in -- further into 5 -- 5a and 5b, it becomes more definitive. But 3 is a list of what those benefits are. Board Member Sanchez: Well, 5a and 5b are the 401. Mr. Rollason: That's correct. Board Member Sanchez: OK. So moved for 3 -- Mr. Rollason: We'll verify some costs on those items that are showing -- Board Member Gonzalez: Second. Mr. Rollason: -- in Item 3. Chairman Teele: Moved -- which one are you moving? Board Member Sanchez: Three. Mr. Rollason: Three. Chairman Teele: Moved and second. Discussion? I asked someone from my staff -- and I don't know if you got it -- did we check this thing out with Benefits with the City? What I don't want is to have the Manager's Office and their Benefits section to say that we're operating on a totally -- has this been run through the Benefits Office of the City? Mr. Rollason: What -- I did not meet with the Benefits Office. What I did do, though, is we mirrored what the City is giving to general employees. We took the AFSCME (American Federal, State, County and Municipal Employees) contract that I had them send to me, and that's what we went off And in some places, we're even a little bit less on the vacation time. Chairman Teele: OK. Board Member Sanchez: OK. 7 October 27, 2003 Chairman Teele: All right. Motion on 3. It's second. Is there objection? All in favor say LL " aye. The Board Members (Collectively): Aye. Chairman Teele: All opposed? The following resolution was introduced by Board Member Sanchez, who moved for its adoption: SEOPW/CRA RESOLUTION NO. 03-89 OMNI/CRA RESOLUTION NO. 03-58 A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCIES ("CRAS") ESTABLISHING THE FRINGE BENEFITS TO BE RECEIVED BY FULL- TIME GENERAL EMPLOYEES OF THE CRAS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Board Member Angel Gonzalez Board Member Joe Sanchez NAYS: None ABSENT: Vice Chairman Johnny L. Winton Board Member Tomas Regalado 8 October 27, 2003 4. CLARIFY EXECUTIVE BENEFITS RECEIVED BY EXECUTIVE DIRECTOR. Chairman Teele: Item Number 4. Frank Rollason (Executive Director, CRA): Item Number 4 is the clarification of the executive benefits for myself. This is an item that we had quite a discussion on at the original meeting. It deals primarily with the expense account. And, at that point, I had requested -- or I had modified what had been originally put together to make it a reimbursement package. The board, at that point, rejected that. And since that time, I have not had any reimbursement for expenses that I've had. I have brought back the original package for you to consider as it was presented -- as it was drawn up originally by the Attorney's Office, to try to put this one to rest. Board Member Gonzalez: Move Item 4 Board Member Sanchez: Second, for the purpose of discussion. Chairman Teele: Discussion. Board Member Sanchez: Executive Director, is this an additional benefit or is this an expense account for the Executive Director? Mr. Rollason: It is written in a way as additional income. It is not part of my salary. Board Member Sanchez: So you would be paying federal taxes on it? Mr. Rollason: Absolutely. Board Member Sanchez: Eighteen thousand dollars ($18,000), you would pay federal taxes -- Mr. Rollason: Whatever I receive, I would have to pay -- Board Member Sanchez: It's about six or five thousand -- Mr. Rollason: That's correct. Chairman Teele: That's not totally correct. You would initially be paying taxes on it, less any receipts that you submitted against it. So, it's a -- it is an -- it is -- it, in effect, is a -- this was created -- I remember when this discussion -- this was created as an expense account that is income, unless you expense it with the IRS (Internal Revenue Service). To you, it's income. Mr. Rollason: That is correct. Chairman Teele: To the government, it's subject to an expense treatment. But I think the reason that the Executive Director that proposes -- proposed it was based upon the fact that he felt that the CRA Executive Director should function more like a business person, and should be in the 9 October 27, 2003 business of meeting with developers, meeting with people, and not be letting them pay for their lunches, et cetera, et cetera, et cetera. Now I don't know, you know, how much, you know -- Board Member Sanchez: Which I support 100 percent. Mr. Rollason: That is going on. And that's -- this would alleviate -- in other words, I have incurred expenses since the beginning of the year, and they have not been reimbursed. Board Member Sanchez: OK. But the way it is seen, it is seen as an additional benefit to -- Item Chairman Teele: It's an additional -- Board Member Sanchez: Item Number 5 and "b" gives you eight percent towards your 401, Frank. Mr. Rollason: That's a different item altogether. Board Member Sanchez: But that's a different item. Mr. Rollason: That's correct. Board Member Sanchez: Just on this, I would feel much, much comfortable -- and I suggest this be done based on submitting receipts for expenses, and I'll tell you why. I know that you're going to go out and I'm not going to question something that's not out of the norm. I understand you're going to have to go to nice restaurants and you're going to have to meet developers to attract development to the area. But, you know, it's about accountability and transparency that I want to make sure that if you're going to get reimbursed, that there are receipts. Chairman Teele: Does the maker of the motion accept it? Board Member Gonzalez: Yeah, I'll accept the amendment. Chairman Teele: I will just say this. I mean, it's -- I think that it works either way. I think, given the accountability issue, you make a very good point. But given the functioning of an aggressive redevelopment authority, I think having it as a salaried item, with expenses being subjected to it, is a much better way. But I think, given the accountability issue, I am not prepared -- I am prepared to vote in support of the amendment. But I want you to understand what the intent was. The intent was just the reverse. And that was to give the Executive Director the flexibility of meeting with developers, meeting with people, and being totally independent of them, and not having to justify his expenses, up to fifteen hundred dollars ($1,500), and being reimbursed that. So, for him, it's salary. For him, it's salary. It is treated as salary, except to the extent in his filing of the taxes, he would offset that. But I think your motion is -- given the circumstances that we're in right now -- Board Member Sanchez: Well, I -- 10 October 27, 2003 Chairman Teele: -- is the appropriate motion. Board Member Sanchez: Mr. Chairman, I just think it's a much better plan to reimburse Frank for all his reasonable expenses. Chairman Teele: Up to fifteen hundred -- Board Member Sanchez: Up to fifteen hundred dollars ($1,500) per month. Chairman Teele: -- dollars ($1,500) per month. Mr. Attorney. Alejandro Vilarello (City Attorney): One of the operational issues that that creates is, as the Executive Director, he submits the reasonable expenses to his own review, which, as it was originally presented, his justification as to whether or not it would be an appropriate business expense, it would be a justification that he'd have to make to the IRS, subject to the penalties, et cetera, that the IRS would impose for an expense that they disallowed. So, it just creates an operational problem. Because the CRA is independent, it doesn't have -- doesn't give the Executive Director an opportunity to submit the review of those reasonable expenses to a third party, so just an operational point of view should the motion carry as it's currently before you. Chairman Teele: All right. All those in favor say "aye." The Board Members (Collectively): Aye. Chairman Teele: All opposed. The following resolution was introduced by Board Member Gonzalez, who moved for its adoption: SEOPW/CRA RESOLUTION NO. 03-90 OMNI/CRA RESOLUTION NO. 03-59 A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCIES CLARIFYING THE EXECUTIVE BENEFITS TO BE RECEIVED BY THE EXECUTIVE DIRECTOR; FUNDS TO BE ALLOCATED FROM ACCOUNT CODE NO. 689004.550011.6.080. 11 October 27, 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. Board Member Angel Gonzalez Board Member Joe Sanchez NAYS: None ABSENT: Vice Chairman Johnny L. Winton Board Member Tomas Regalado Chairman Teele: Would you come up and meet with Frank and come up with a process for that that doesn't involve any board members, please? All right. 12 October 27, 2003 5. DEFER PROPOSED JOINT RESOLUTION OF SEOPW AND OMNI AGENCIES TO ESTABLISH 401(A) RETIREMENT PROGRAM FOR EXECUTIVE AND GENERAL STAFF IN FORM OF ICMA RETIREMENT CORPORATION GOVERNMENTAL PROFIT-SHARING PLAN & TRUST. Chairman Teele: Item 5a and 5b. Frank Rollason (Executive Director, CRA): 5a and 5b deal with the 401 plan for both the general employees and for the executive. The crux of the difference is the amount of contribution; for the general employees, it's five percent, for the Executive Director, it's eight percent. And there are two things that I need to put on the record. One is, is that we have to add another backup for the City Clerk for the Plan and Trust document, which was left out of the original piece, which we have provided. And the other thing is, there's a scrivener's error on 5b. On number 6-2 of the package shows that the employee is not allowed to voluntarily add contribution. The intent was that they were. The checkmark is just in the wrong box. So, it changes the checkmark from "no" to "yes," which would allow the employee themselves to contribute up to an additional 15 percent voluntarily on their part. So -- Chairman Teele: Let me ask you to do this. I really think you all ought to take this to the executive -- to the City Benefits Office. Let me tell you why. We're moving now away from a government -- from a private agency now. We're doing this based on a government thing. And pretty soon, you're going to end -- you know, I can just see a damn Charlie Cox -- no, I don't mean damn, a wonderful man. But pretty soon, I could see Charlie Cox jumping up and down. And I think, you know, the thing that we don't want, Frank, is this to become a government agency. Mr. Rollason: Yes, sir. Chairman Teele: I mean -- Mr. Rollason: Well, I mean, the whole idea of this was not to parrot exact -- this is what the private industry does, is offer the 401s and the 457 items. So that was a direction. And this was also passed by the Board of Directors in January. What's happened on these is that the ICMA (International City Manager's Association) has required these to be passed with their verbiage in the resolution. Chairman Teele: But the ICMA only relates to the Executive Director. Mr. Rollason: No. Chairman Teele: The ICMA only relates to executive staff Mr. Rollason: No. In January, there was a resolution passed to allow a 401 for both the general employees and the executive, but there wasn't any package with the general employees. And that's what we -- it was to do it with ICMA, and that's what we've done. And when we sat down and worked it out with ICMA, we came in to where they wanted all their language to be in there 13 October 27, 2003 between -- the City Attorney assigned another attorney to us to work on this, and this is a package that's worked out. I have no problem with taking this back to the City and having them take a look at it, and making sure that they won't have any -- Chairman Teele: Who is the ICMA? Mr. Rollason: The International City Manager's Association. They offer a plan that governmental agencies and the associated governmental agencies can get in with and -- Board Member Sanchez: And has it been through the City? Mr. Rollason: DD -- has this been to the City? No, it has not. I have not taken it to the City. Board Member Sanchez: And that's what you're suggesting, right? Chairman Teele: Yeah. I think you ought to take this to the City. And I also think you ought to talk to the Association. Didn't you just go to the Association meeting? Mr. Rollason: To the FRA? Chairman Teele: Yeah. Mr. Rollason: Yes, we did. Chairman Teele: Yeah. You know, Frank, I'm willing to pay bonuses. I mean, I don't know if the majority of the board -- I'm willing to do anything that the private sector is doing. I mean, I'd much -- I would feel a lot better if we were talking about a bonus, as an example. But I'm willing to go along with what we're doing, but what I don't want to do is do something that's municipal that the Manager hasn't even had a chance to -- Mr. Rollason: Look at. Chairman Teele: -- look at. Mr. Rollason: OK. Chairman Teele: Because I think it opens itself to criticism -- Mr. Rollason: All right. I don't have a problem with that. Chairman Teele: And then, the other question is, are we now saying that we want the CRA to be a government -- I mean, a -- I mean, more and more now, we're making this a City agency versus -- Mr. Rollason: Well, one of the things that the ICMA allows us to do being as -- with the small number of employees that we have, it's difficult to find some of these packages that we can put 14 October 27, 2003 together. The ICMA has made it eligible to us. And, you know, I have no problem. We'll take it back to, you know, the City Manager, and present to them what we're putting together as a package and get their comments, and bring it back at the next meeting. Board Member Sanchez: All right. Item 7. Chairman Teele: That's Item 5. Mr. Rollason: All right. That's 5. That would be 5a and 5b, we would defer both of those. Chairman Teele: 5a and 5b, yes. Mr. Rollason: OK. Board Member Sanchez: So moved to defer. Board Member Gonzalez: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Board Members (Collectively): Aye. 15 October 27, 2003 The following motion was introduced by Board Member Sanchez, who moved its adoption: SEOPW/CRA MOTION NO. 03-91 A MOTION TO DEFER PROPOSED JOINT RESOLUTION OF THE BOARDS OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCIES ("CRAS") TO ESTABLISH A 401(A) RETIREMENT PROGRAM FOR EXECUTIVE STAFF IN THE FORM OF THE ICMA RETIREMENT CORPORATION GOVERNMENTAL PROFIT-SHARING PLAN & TRUST. OMNI/CRA MOTION NO. 03-60 A MOTION TO DEFER PROPOSED JOINT RESOLUTION OF THE BOARDS OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCIES ("CRAS") TO ESTABLISH A 401(A) RETIREMENT PROGRAM FOR GENERAL STAFF IN THE FORM OF THE ICMA RETIREMENT CORPORATION GOVERNMENTAL PROFIT-SHARING PLAN & TRUST. Upon being seconded by Board Member Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Board Member Angel Gonzalez Board Member Joe Sanchez NAYS: None ABSENT: Vice Chairman Johnny L. Winton Board Member Tomas Regalado Board Member Sanchez: Seven's basically the same thing. 16 October 27, 2003 6. DEFERRED: IMPLEMENT DEFERRED COMPENSATION PROGRAM WITH NATIONWIDE RETIREMENT SOLUTIONS; DESIGNATE EXECUTIVE DIRECTOR AS ADMINISTRATOR OF PLAN REPRESENTING CRAS; AUTHORIZE EXECUTIVE DIRECTOR TO EXECUTE AGREEMENTS AND CONTRACTS NECESSARY TO IMPLEMENT PROGRAM; FUNDS ALLOCATED FROM GENERAL OPERATING FUND "RETIREMENT CONTRIBUTION." Frank Rollason (Executive Director, CRA): All right. Item 6 brings us into the same thing as -- Board Member Sanchez: Same thing. Mr. Rollason: -- 457, so we can defer that one, too. Commissioner Gonzalez: Defer. Board Member Sanchez: Move to defer. Mr. Rollason: OK. Commissioner Gonzalez: Second. 17 October 27, 2003 7. AUTHORIZE TRANSFER OF FUNDS, $35,000, TO CLERK'S OFFICE FOR SERVICES RENDERED AS CLERK OF BOARD DURING FISCAL YEAR 2004, CONTINGENT UPON ANY UNUSED FUNDS RETURNED TO CRAS AT END OF 4TH QUARTER; FUNDS ALLOCATED FROM GENERAL OPERATING FUND, "SPECIAL SERVICES - MISCELLANEOUS." Frank Rollason (Executive Director, CRA): All right. Number 7. Seven is a joint resolution regarding -- Board Member Sanchez: So moved, Mr. Chairman. Chairman Teele: Is there a second? Board Member Gonzalez: Second. Chairman Teele: Is there objection? All those in favor say "aye." The Board Members (Collectively): Aye. Chairman Teele: All opposed. The following resolution was introduced by Board Member Sanchez, who moved for its adoption: SEOPW/CRA RESOLUTION NO. 03-92 OMNI/CRA RESOLUTION NO. 03-61 A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT AGENCIES ("CRAS") AUTHORIZING THE TRANSFER OF FUNDS IN THE AMOUNT OF $35,000 TO THE CITY CLERK'S OFFICE FOR SERVICES TO BE RENDERED AS CLERK OF THE BOARD DURING FISCAL YEAR 2004, CONTINGENT UPON ANY UNUSED FUNDS BE RETURNED TO THE CRAS AT THE END OF THE 4TH QUARTER; FUNDS TO BE ALLOCATED FROM GENERAL OPERATING FUND, "SPECIAL SERVICES - MISCELLANEOUS," ACCOUNT CODE NO., 689004.550011.6.289. 18 October 27, 2003 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Board Member Angel Gonzalez Board Member Joe Sanchez NAYS: None ABSENT: Vice Chairman Johnny L. Winton Board Member Tomas Regalado Chairman Teele: Now, is that for this coming fiscal year or is that for last fiscal year? Mr. Rollason: Yes. That's from -- that's this year, October. Chairman Teele: And Mr. Director, I would like to compliment you and the Clerk because the records -- the records are, for the last two years, substantially better than they have been. And, again, I think we should take the lead with Legistar, as well, because, again, that's something that puts the information in the hands of everyone. Mr. Rollason: I agree. And the Clerk of the Board has been diligently pursuing me to become a little more proactive on that, and we're doing it. We're getting there. So -- Chairman Teele: All right. 19 October 27, 2003 8. DISCUSSION ON STATUS REPORT ON PENDING LEGAL AGREEMENTS. Chairman Teele: Next item. Board Member Sanchez: Eight. Frank Rollason (Executive Director, CRA): Did we vote on 7? Board Member Sanchez: Yes. Mr. Rollason: OK. Board Member Gonzalez: Yes. Mr. Rollason: Number 8, Jim, that's a report by general counsel. It was submitted. And you'll notice that those items are becoming less and less the -- as we get through them. They're more current. There aren't things that are way pending in the past, and I think they're moving along pretty quickly. Chairman Teele: Is there any need to act on Number 9 -- on Number 8? I don't think so. Board Member Sanchez: Frank, I just want to commend you. We started off with about seven pages. We're down to two, so -- Mr. Rollason: Right. Well, that's Jim and our shop working together. So -- Board Member Sanchez: That's correct. Chairman Teele: And the Attorney's Office. Mr. Rollason: City Attorney, right. Board Member Sanchez: Congratulations to all of you. James Villacorta (Assistant City Attorney): Thank you. 20 October 27, 2003 9. AUTHORIZE EXECUTIVE DIRECTOR TO EXECUTE SUBLEASE AGREEMENT WITH MIAMI FOR PREMISES LEASED BY CRA FROM PARK PLACE ASSOCIATES, LLC. Frank Rollason (Executive Director, CRA): Number 9 is here by -- report by the special counsel. It's really a regular item. It is a cleaning up of an item that's been pending for some time. It is a sublease of the lease agreement that we have with Park Place for the spaces being used by the City, as a NET (Neighborhood Enhancement Team) Office, and now being used by the Police Department for the K-9, and it allows in that master lease for us to have a sublease with the City to get that over to them, and that's what this does. Board Member Gonzalez: Move Item 9. Board Member Sanchez: Second. Chairman Teele: This transmits this lease agreement over to the City? Mr. Rollason: That's correct. The sublease for the property. William R. Bloom (Special Counsel, CRA): There's a 5-year lease -- Board Member Sanchez: One dollar ($1), five years. Mr. Bloom: -- to the City -- to the CRA, and the CRA's subleasing it to the City. Board Member Sanchez: OK. Chairman Teele: For the same amount? Mr. Bloom: One dollar ($1) a year. Board Member Sanchez: No. One dollar ($1)? Chairman Teele: For a dollar ($1), yeah. Board Member Sanchez: Yeah, OK. Chairman Teele: Motion and second. Is there objection? All in favor say "aye." The Board Members (Collectively): Aye. 21 October 27, 2003 The following motion was introduced by Board Member Gonzalez, who moved its adoption: SEOPW/CRA RESOLUTION NO. 03-93 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A SUBLEASE AGREEMENT WITH THE CITY OF MIAMI ("CITY"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PREMISES LEASED BY THE CRA FROM PARK PLACE ASSOCIATES, LLC. FOR A TERM OF ONE (1) YEAR WITH FOUR (4) ONE (1) YEAR RENEWALS AT AN ANNUAL RENT OF ONE DOLLAR ($1.00) PER YEAR TO BE USED BY THE CITY FOR ADMINISTRATIVE OFFICES OF THE DOWNTOWN NET AND/OR FOR A POLICE MINI -SUBSTATION. Upon being seconded by Board Member Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Board Member Angel Gonzalez Board Member Joe Sanchez NAYS: None ABSENT: Vice Chairman Johnny L. Winton Board Member Tomas Regalado 22 October 27, 2003 10. RESCHEDULE CRA BOARD MEETINGS CURRENTLY SCHEDULED FOR NOVEMBER 24, 2003 AND DECEMBER 29, 2003 TO BOTH TAKE PLACE DECEMBER 8, 2003, DOUBLETREE GRAND HOTEL, 1717 NORTH BAYSHORE DRIVE, MIAMI. Frank Rollason (Executive Director, CRA): All right. There's a Number 10. For some reason, it's not in my agenda, but there's a request by me -- a recommendation by me -- Chairman Teele: To consolidate the meetings. Mr. Rollason: -- to consolidate the December and November meetings to December the 8th. It's a Monday night and -- Chairman Teele: Is there a motion to -- Board Member Gonzalez: Move 10. Board Member Sanchez: We should have a Christmas party. Chairman Teele: All right. And I assume that will also have the Hanukkah -- Mr. Rollason: Right. I was looking -- Chairman Teele: -- and Christmas (INAUDIBLE). Mr. Rollason: -- to move that one to the Grand and have it there as we -- past practice have had, and have a little event for after the meeting. Chairman Teele: All right. So, with the authority for the Manager to designate the location, preferably, the Grand. Mr. Rollason: I understand. Chairman Teele: Moved -- Mr. Rollason: And keep it within the Omni. Board Member Sanchez: Second. Chairman Teele: -- and second. Is there objection? All those in favor say "aye." The Board Members (Collectively): Aye. 23 October 27, 2003 The following motion was introduced by Board Member Gonzalez, who moved its adoption: SEOPW/CRA MOTION NO. 03-94 OMNI/CRA MOTION NO. 03-62 A MOTION TO RESCHEDULE THE COMMUNITY REDEVELOPMENT AGENCY (CRA) BOARD MEETING CURRENTLY SCHEDULED FOR NOVEMBER 24, 2003, AND THE BOARD MEETING CURRENTLY SCHEDULED FOR DECEMBER 29, 2003, TO BOTH TAKE PLACE ON DECEMBER 8, 2003, IN THE DOUBLETREE GRAND HOTEL, LOCATED AT 1717 NORTH\ BAYSHORE DRIVE, MIAMI, FLORIDA. Upon being seconded by Board Member Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Board Member Angel Gonzalez Board Member Joe Sanchez NAYS: None ABSENT: Vice Chairman Johnny L. Winton Board Member Tomas Regalado 24 October 27, 2003 11. BRIEF DISCUSSION CONCERNING MARLIN'S PARADE. Chairman Teele: The parade is tomorrow. I would hope that you would have liberal policy. Frank Rollason (Executive Director, CRA): We are -- we'll have liberal policy. Chairman Teele: Is there any other matter? If not -- Board Member Sanchez: Move to adjourn. 25 October 27, 2003 12. DISCUSSION CONCERNING FILM FESTIVAL IN MARGARET PACE PARK, OCTOBER 29, 2003. Frank Rollason (Executive Director, CRA): The only issue I just wanted to make you aware of. I have the invites here. As a result of the direction to support some items in Margaret Pace Park, there's a Shorts in the Park, which we are contributing to, which is a film festival in Margaret Pace Park. And I've got the invitations for -- Chairman Teele: When is that going to be? Mr. Rollason: That's the 29th, Wednesday night. Board Member Sanchez: What? Chairman Teele: The 29th of October? Mr. Rollason: Twenty-ninth of October. This coming Wednesday night. Chairman Teele: Have we -- didn't we -- where are we with the Parks Department? Didn't we vote to provide a staff person? Mr. Rollason: Yes, we did. And I'm working with the Parks Department the last go around. And we're now going to meet with Parks and Police together, is that they feel maybe the better expenditure of that is to put a PSA (Public Service Aide) into that area dealing with a ranger, or something of that sort. So I'm waiting to have that meeting and see what to bring back to you, if we have to change it. And that was a 3-year. Chairman Teele: All right. All those in favor of Item Number -- Mr. Rollason: Ten. Chairman Teele: -- 10, say "aye." The Board Members (Collectively): Aye. Chairman Teele: All opposed. The meeting stands adjourned. Mr. Rollason: Yeah. We're done. 26 October 27, 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 5:49 p.m. ATTEST: PRISCILLA A. THOMPSON, City Clerk SYLVIA SCHEIDER, Assistant City Clerk (SEAL) ARTHUR E. TEELE, JR., Chairman 27 October 27, 2003