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HomeMy WebLinkAboutSEOPW OMNI CRA 2004-02-23 MinutesCITY OF MIAMI "M <�'A '.111fo way cRA MEETING MINUTES OF MEETING HELD ON FEBRUARY 23, 2004 PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL Priscilla A. Thompson/City Clerk • 0 MINUTES OF THE REGULAR BOARD OF DIRECTORS MEETING OF THE COMMUNITY REDEVELOPMENT AGENCY FOR SOUTHEAST OVERTOWN/PARK WEST AND OMNI DISTRICTS On the 23rd day of February 2004, 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 Double Tree Hotel, 1717 North Bayshore Drive, Miami, Florida. The meeting was called to order at 5:17 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 (5:32 p.m.) Board Member Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez ALSO PRESENT: James Villacorta, Assistant City Attorney, City of Miami Frank Rollason, Executive Director, CRA, City of Miami Priscilla A. Thompson, City Clerk, City of Miami Sylvia Scheider, Assistant City Clerk, City of Miami Mary Conway, Transportation Coordinator, City of Miami February 23, 2004 Chairman Teele: We have a time challenge -- time problem. One of our board members will have to leave very early, so we'd like to go through this meeting and deal with the critical items as quickly as possible. Would you stand, please, for the pledge of allegiance to the flag? Chairman Teele led those present in a pledge of allegiance to the flag. 1. CARLTON BRANKER, HARVEY, BRANKER & ASSOCIATES, P.A. — CRA FINANCIAL SUMMARY. Chairman Teele: All right, Mr. Director. Frank Rollason (Executive Director, CRA): Item 1 is the month -end financials as of January 31, 2004, and -- Carlton. Chairman Teele: By the way, if we - good afternoon -- by the way, if we have this seating arrangement again, can we have the long table up here because we're -- Mr. Rollason: You're right. Board Member Regalado: Yeah, right. Board Member Sanchez: I might as well leave -- Chairman Teele: Huh? Board Member Sanchez: I might as well be eating out of your sandwich. Board Member Gonzalez: Well, you know, we try to accommodate who will accommodate us. Chairman Teele: Thank you. All right. Are there any questions on Item Number 1? Board Member Sanchez: Any reported conditions we should know about? Carlton Branker: No reported conditions. We're working with the auditors now to finalize where we are with the '03, get the final numbers all set, and we're updating the past management letter comments with the auditors. I think we've been able to knock the majority of those out. We put that report attached behind the financial numbers in there, and at this point, there's no other major items to report at this time. Board Member Sanchez: So, everything seems to be in order? Mr. Branker: As far as for the '04 year, we're pushing along and everything seems to be in order at this time. Priscilla A. Thompson (City Clerk): What we do need is your name for the record, please. 2 February 23, 2004 • • Mr. Branker: Carlton Branker, Harvey Branker & Associates. February 23, 2004 2. STATUS REPORT: MIAMI AT MIDNIGHT TRANSPORTATION DEMONSTRATION PROJECT (See Sec. #14). Chairman Teele: All right. Item Number 2. Is there a report? Frank Rollason (Executive Director, CRA): Item 2 is from our consultant, Tom Gustafson, and I don't see Tom, and I also do not see anybody from Off -Street Park -- oh, there's Art. OK, so we can go to Number 3. Chairman Teele: All right. Item Number 3. Board Member Regalado: On this, Number 2, what is this back and forth memos from the administration and you and -- what is going on? Board Member Sanchez: Well, what's going on? Mr. Rollason: Originally, the administration had some reservations about supporting this Miami at Midnight Project, and I think they've reconsidered it and looked at it maybe through some different eyes and have sent us another memo saying that they'd like to pursue it and work with us between the consultants and see what we're able to work out. Initially, there were some problems dealing with the modality being the light rail and whether they want to have it on rubber track or, you know, rubber wheel type things, and we requested a City representative to be here this evening to answer any questions from the City, but, I mean, I have the information that you received in the memos. That's the extent that I've had. Board Member Sanchez: Have all sides had the opportunity to sit down and iron them out, and now they're all on the same sheet of music? Mr. Rollason: The -- our consultant has not met with their consultant yet, but they have offered - - or now -- we originally made that offer to have our consultant meet with their consultant before they responded. They chose to respond without our consultant being involved, and said if they needed any input from us, they would contact us. We did not hear from them. The first letter was generated. Since that time, they've reconsidered and now are saying that they'd like to have our consultant meet with their consultant and see, between the two, what can be worked out with the idea. Board Member Sanchez: So, what's the appropriate action to take here, Mr. Executive Director? Mr. Rollason: Well, I think where we are now, we need to go on with the project. I don't see any reason to bring a halt to it. It's a demonstration project. We've met with Congressman Balart -- Diaz-Balart the other day with Tom Gustafson, and he's very much interested in it, and there's certainly dollars available out there both through -- We met with Jose Abreu, spent about an hour with him and the FDOT (Florida Department of Transportation) -- you know, the secretary for the FDOT now, and he's supportive of it. He wants us -- both he and the congressman want to know what's the City's position, how's the City want to go forward with this, and that's really where we are right now. 4 February 23, 2004 Board Member Regalado: One thing I don't understand, if the staff in the City knows that we are the board members, the City Commissioners, and we have given the green light to that, why they try to become adversaries here? Mr. Rollason: I can't answer that, Commissioner. I can only tell you that I've had that exact explicit conversation with them saying that the same five gentlemen that sit here, sit there. They come here. They give direction to us, and hopefully, it's a project between the two of us, the City and the CRA, to go forward with something that's a meaningful project, and I think it'll improve now. Board Member Regalado: OK. 5 February 23, 2004 3. PERSONAL APPEARANCE: ART NORIEGA, DEPARTMENT OF OFF-STREET PARKING — STATUS OF PARKING UNDER I-395 PROJECT. COORDINATE TO DISCUSS INTERLOCAL AGREEMENT BETWEEN OFF-STREET PARKING AND CRA, ITS FINANCIAL IMPLICATIONS, PARTICULARLY, RELATING TO CAPITAL AND REASONABLE PARKING CHARGES TO STIMULATE THE ECONOMY OF CRA AREA. Chairman Teele: Item Number 3. Frank Rollason (Executive Director, CRA): This is the report from Off -Street Parking with the Director, Art Noriega, on the I-395 parking project. Art Noriega: Art Noriega, Executive Director of Miami Parking Authority. I distributed a revised timeline, which you have in front of you. Behind it are two sheets, which incorporate the plan design for the first three sections of the parking under I-395. Chairman Teele: I stand corrected. This is Item 2a. Board Member Sanchez: OK. Mr. Rollason: I'm sorry. Mr. Noriega. If you'll -- to get a sort of current on the timeline, if you go to February 20th, as of Friday, we received construction documents from our engineers. The bids themselves -- the Invitation to Bid will be on our board agenda on the IOth of March. We hope to select a bidder and have the selected bidder before our board in April, in our April meeting, and then receive permits in May. Begin construction some time early June, and hope to have the lots done and CO'd, hopefully, end of summer, beginning of September. Chairman Teele: Discussion. All right. Board Member Regalado: I think it's great. Chairman Teele: Art, I would like to meet with you and the director. I really would like to understand the interlocal agreement between the Off -Street Parking and the CRA (Community Redevelopment Agency), and the financial implications, particularly, as it relates to capital and the parking charges that will be used in this area. I think we have -- you know, candidly stated, I think the CRA and Off -Street Parking may have goals that are not necessarily the same in terms of trying to stimulate the area by having parking that is reasonable, not the highest, not the lowest, you know, market -- let's just say market parking. Whereas, I think Off -Street Parking's view would be to try to maximize the rate of return. Mr. Noriega: We just did a revised feasibility study for all of our capital projects, as part of our bond issue. We got a draft version of that report from our consultant last week. We're doing some revisions to it. They have reviewed the area. We have accessed the current rates and the 6 February 23, 2004 current market there, and based on our proposed rates, we're going to be well below the market actually. We're going to fall into being economic stimulus, so -- Chairman Teele: Yeah. I think it's very important. I mean -- Mr. Noriega: From our end, we'll be more than happy to cover those rates with you and the Executive Director at your earliest convenience, and -- Chairman Teele: And the interlocal agreement between Off -Street Parking and the CRA? Mr. Noriega: Sure. We really hadn't discussed that yet, but absolutely. Board Member Sanchez: Is there one? There isn't one. Chairman Teele: Well, I'm just not sure. That's why I would like to meet with you and the Executive Director. Board Member Sanchez: I don't think there is one. Mr. Rollason: There isn't one now. Board Member Sanchez: OK. Chairman Teele: But when we set this deal up, that's what it was. Mr. Rollason: Well -- and then we found that that area of land is not within the CRA, and that's when it got transferred over to DOSP (Department of Off -Street Parking), and I think the future idea was -- is that once the boundaries that are expanded are approved, and that area comes in the Southeast Overtown/Park West CRA, we would then be looking to enter into an interlocal agreement with DOSP to get those lots back into the CRA, or handle the revenues, or however -- Chairman Teele: Well, then the City should enter into an agreement with them, but I think -- Mr. Rollason: Right. Chairman Teele: -- what we cannot afford to do is to allow the goal of providing -- maximizing parking revenues collide with and conflict with our goal of providing redevelopment stimulus to the area. Mr. Noriega: Commissioner, you're also aware that whatever rates we propose for those lots will really be -- come under your approval, in terms of City Commission approval. Chairman Teele: City Commission approval. That's -- Mr. Noriega: So, we'll have to present those at the City Commission for your approval anyway, so-- 7 February 23, 2004 i Board Member Sanchez: All right. Board Member Regalado: Let me -- Mr. Chairman. Chairman Teele: Thank you very much. Commissioner Regalado. Board Member Regalado: I would like to hear from the director and the attorney. What kind of funds can we use to subsidize parking in the CRA area, or even outside the CRA boundaries in this case? And my question is because of this: I know that they have bonds, so they cannot just give away parking. They have to respond to the bonding agencies and all that, but think if we have some money allocated. The minute that somebody comes to you and the board with some money, we could say, well, for a year, we could give you ten spaces at night, or in the morning, if that's the case of an office. Is there any legal problems to use some of the money to subsidize parking? Jim Villacorta (Assistant City Attorney): Currently, we can't spend the CRA -- the TIF (Tax Increment Fund) funds outside the CRA district, and this is right on the boundary. As the boundaries are expanded, that would fall within the CRA's area where they could -- TIF monies could be spent, and we could do something like give them a voucher that the people that are parking there could use to get a discounted rate, but currently, they are outside the CRA's boundaries. Board Member Regalado: OK. 8 February 23, 2004 4. AUTHORIZE ALLOCATION OF $25,000.00, TO PILOT PROGRAM FOR SEED FUNDING TO THE GREATER MIAMI CONVENTION AND VISITORS BUREAU, INC., AND ALL HOTELS WITHIN THE CITY OF MIAMI, FOR EXPENSES RELATED TO EVENTS CATERING TO DIGNITARIES, CONSULATES, FREE TRADE AREA OF THE AMERICAS OFFICIALS, CONVENTIONS, CONFERENCES, AND MEETINGS UTILIZING MARGARET PACE PARK, SAID FUNDS TO BE DESIGNATED FOR A LATIN BILLBOARDS PRE -EVENT AT MARGARET PACE PARK, COSPONSORED BY TELEMUNDO NETWORK GROUP, LLC, AND $25,000 TO HAITIAN FLAG DAY ACTIVITY; FUNDS TO BE ALLOCATED FROM OMNI TIF FUND, "OTHER GRANTS AND AIDS." Chairman Teele: Item Number 3. Frank Rollason (Executive Director, CRA): Item Number 3 is a resolution as directed by the board at the last meeting to comeback with an increase for the Margaret Pace Park pilot program for events in the park, to increase that existing resolution by twenty-five thousand dollars, and earmark it for a pre -event for the Latin Billboards to be held within Margaret Pace Park. Chairman Teele: Mr. -- Commissioner Regalado, let me just remind you that the discussion in the last meeting included two items, and again, it included the press party for the Haitian Flag Day activity, which we've done in the past, and that item is not here. I have no objections to this, but I would like to make sure that, as we move forward, that the CRA (Community Redevelopment Agency) does not begin to -- that we aggressively work -- and I think this is particularly important with the Performing Arts Center -- on how we can enhance the diversity. I commend what we're doing with the Latin community in what is traditional downtown Omni, but I think it's just as important to reach out to all segments of our community, and I would just like to know would you accept an amendment to -- Board Member Regalado: I would amend -- Mr. Chairman, I would amend this to direct the Executive Director to use this funding to work in a parallel way. Anyway, this Latin Billboards event is in April, so we've got plenty of time. Chairman Teele: Plenty of time. Board Member Regalado: But use some of the twenty-five thousand dollars to start working on the Haitian fest. Mr. Rollason: Why don't we -- if I could recommend this. We budgeted, this year, twenty-five thousand dollars for the Compas Festival. It's in the budget for this year. We have not been contacted, and we have made an effort to contact them to come to us with what the plans are for another May event, and we have not been successful at this time, but if you authorize the expenditure of the budgeted funds for that Iand for this, it would be a total of fifty thousand, and the thing with the Compas Festival is that it's not tied specifically to Margaret Pace Park. It would have to be -- Chairman Teele: Oh, no, no, no, no, no. 9 February 23, 2004 Mr. Rollason: -- somewhere within the CRA. Chairman Teele: It has to be within the Omni. Within the Omni, not the CR -- Mr. Rollason: Right. The Omni CRA. Chairman Teele: Not the CRA, but the Omni. Mr. Rollason: I agree. It's funded by Omni, but I', saying it's not tied to the park like this event is as an extension of the existing Margaret Pace Park pilot program. That is a budgeted item separately, so -- I mean, if you want -- Chairman Teele: Well, the appropriate amendment would be provided -- further authorizing the expenditure of the previously budgeted twenty-five thousand dollars for the press party, provided that it's held within the Omni redevelopment area. Mr. Rollason: That's correct. Chairman Teele: Is that acceptable to the maker of the motion? Board Member Regalado: Absolutely. Absolutely. Chairman Teele: Commissioner Sanchez. Board Member Sanchez: Thank you, Mr. Chairman. I just -- this resolution itself is a little bit confusing. If you read -- I mean, supporting the Latin Billboards pre -event at Margaret Pace Park is (UNINTELLIGIBLE) underwriting the twenty-five thousand dollars, but it says here also miscellaneous expenses related to events catering to dignitaries, consultant, Free Trade Area of the Americas official, conventions, conferences, and meeting utilizing -- as long as it's in the CRA or the Omni area -- Chairman Teele: Omni area. Board Member Sanchez: -- it's OK, but outside of it, you know -- Mr. Rollason: No. This will be specifically in Margaret Pace Park. That was what that pilot program -- Board Member Regalado: It has to be. Mr. Rollason: -- was for. Board Member Regalado: It has to be. Mr. Rollason: Yes. 10 February 23, 2004 Board Member Regalado: Either that or no event. Mr. Rollason: Right. Board Member Sanchez: But the resolution itself is very confusing. The resolution -- you know, the other stuff about being open to any hotels and listing of all other events, including the FTAA (Free Trade Area of the Americas) -- Mr. Rollason: Commissioner, that is because the original event that we put the fifty thousand dollars into was to attract whatever we could for the park. Chairman Teele: The original budget item. Mr. Rollason: Right. Chairman Teele: It was not an event. It was an original budget item. Board Member Sanchez: Budget item. Mr. Rollason: Budget item. Chairman Teele: To include those kinds of activities. Mr. Rollason: That's correct. Board Member Sanchez: I'm OK with it, as long as it falls within the CRA Omni boundaries. Mr. Rollason: That is correct. Chairman Teele: Mr. Joseph, did you have a comment? Your name and address. Fred Joseph: Thank you, Chairman. Fred Joseph, President of the Omni Advisory Board. We met and discussed this item that was coming up, with the help of Director Rollason, and we brought to -- we are in support of it, again, Chairman, with the caveat that it is only spent inside the Omni CRA, and that it -- all Omni areas -- Vice Chairman Winton enters the meeting at 5:32 p.m. Mr. Joseph: -- are invited to the event. We had that situation with another event that we sponsored and paid for, but it was an invitation only, and if we don't have the ability to get the invitation out to the Omni area, all residents, we need that to take place, and Mr. Rollason said that he would be happy to help that. 11 February 23, 2004 • 0 Chairman Teele: All right. Moved, as amended, and seconded by Commissioner Sanchez, with the further proviso that you all need to work with our staff, Mr. Joesph, and make sure that we have a list of the invitees that you would like to be included in all events. Mr. Joseph: We've offered him that and we will continue to do so. Chairman Teele: All right. Board Member Sanchez: All right. Item 4. Chairman Teele: All those in favor of the item, as amended, Item Number 3, say "aye." The Board Members (Collectively): Aye. Chairman Teele: Those opposed have the same right. The following resolution was introduced by Board Member Regalado, who moved for its adoption: OMNI/CRA RESOLUTION NO. 04-14 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE ALLOCATION OF ADDITIONAL FUNDS, IN AN AMOUNT NOT TO EXCEED $25,000.00, TO THE PILOT PROGRAM FOR SEED FUNDING TO BE MADE AVAILABLE TO THE GREATER MIAMI CONVENTION AND VISITORS BUREAU, INC., AND ALL HOTELS WITHIN THE CITY OF MIAMI, FOR MISCELLANEOUS EXPENSES RELATED TO EVENTS CATERING TO DIGNITARIES, CONSULATES, FREE TRADE AREA OF THE AMERICAS OFFICIALS, CONVENTIONS, CONFERENCES, AND MEETINGS UTILIZING MARGARET PACE PARK, SAID FUNDS TO BE DESIGNATED FOR A LATIN BILLBOARDS PRE - EVENT AT MARGARET PACE PARK, COSPONSORED BY TELEMUNDO NETWORK GROUP, LLC, DURING APRIL 2004, AND DISBURSED AT THE DISCRETION OF THE EXECUTIVE DIRECTOR; FUNDS TO BE ALLOCATED FROM OMNI TIF FUND, "OTHER GRANTS AND AIDS," ACCOUNT CODE NO. 686001.590320.6.940. 12 February 23, 2004 • (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 Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez NAYS: None ABSENT: None 13 . February 23, 2004 5. AUTHORIZE EXECUTIVE DIRECTOR TO REMIT TAX INCREMENT REVENUES, $1,430,000.00, FROM OMNI REDEVELOPMENT DISTRICT REDEVELOPMENT TRUST FUND TO MIAMI-DADE COUNTY TO PAY DEBT SERVICE ON PERFORMING ARTS CENTER CURRENTLY UNDER CONSTRUCTION IN OMNI REDEVELOPMENT AREA; AUTHORIZE ALLOCATION OF FUNDS FROM OMNI TIF FUND, "INTERGOVERNMENTAL CHARGES." (See Sec. #7) Chairman Teele: Item Number 4. Board Member Sanchez: So moved. 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: OMNUCRA RESOLUTION NO. 04-15 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE EXECUTIVE DIRECTOR TO REMIT TAX INCREMENT REVENUES, IN AN AMOUNT NOT TO EXCEED $1,430,000.00, FROM THE OMNI REDEVELOPMENT DISTRICT'S REDEVELOPMENT TRUST FUND TO MIAMI-DADE COUNTY TO PAY DEBT SERVICE ON THE PERFORMING ARTS CENTER CURRENTLY UNDER CONSTRUCTION IN THE OMNI REDEVELOPMENT AREA; AUTHORIZING THE ALLOCATION OF FUNDS FROM OMNI TIF FUND, "INTERGOVERNMENTAL CHARGES," ACCOUNT CODE NO. 686001.590320.6.905. 14 February 23, 2004 • (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. Vice Chairman Johnny L. Winton Board Member Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez NAYS: None ABSENT: None 15 February 23, 2004 • 6. CLASSIFY TEN GATEWAY NXL MINI DESKTOP COMPUTERS AND ASSOCIATED EQUIPMENT AS SURPLUS STOCK; AUTHORIZE DONATION TO VARIOUS NOT -FOR - PROFIT ENTITIES LOCATED WITHIN CRAS' BOUNDARIES, AS DEEMED APPROPRIATE BY EXECUTIVE DIRECTOR (See Sec. #8). Chairman Teele: Item Number 5. Board Member Sanchez: So move. Chairman Teele: Is there a -- Board Member Regalado: Let me ask -- Chairman Teele: Is there a second? Vice Chairman Winton: Second. Chairman Teele: Second by Commissioner Winton. Commissioner Regalado. 16 February 23, 2004 7. AUTHORIZE EXECUTIVE DIRECTOR TO REMIT TAX INCREMENT REVENUES, $1,430,000.00, FROM OMNI REDEVELOPMENT DISTRICT REDEVELOPMENT TRUST FUND TO MIAMI-DADE COUNTY TO PAY DEBT SERVICE ON PERFORMING ARTS CENTER CURRENTLY UNDER CONSTRUCTION IN OMNI REDEVELOPMENT AREA; AUTHORIZE ALLOCATION OF FUNDS FROM OMNI TIF FUND, "INTERGOVERNMENTAL CHARGES." (See Sec. #5) Board Member Regalado: On the money to -- on the money for the Performing Arts Center, how long are we going to be providing these funds? Frank Rollason (Executive Director, CRA): The interlocal agreement states as long as there are outstanding construction bonds, that we will owe this money until they're all retired. Chairman Teele: The answer is for the life of the CRA (Community Redevelopment Agency). Board Member Regalado: OK. Chairman Teele: For the life of the CRA. Board Member Regalado: That's what I wanted to -- Chairman Teele: I mean, in that the County and the City have to jointly approve it, and in that the bonds are already out there -- and they don't have to get our permission to refinance the bonds, do they? Mr. Rollason: Right. No. Chairman Teele: So, it'll be as long as we're alive. They can refinance the bond. The County can refinance the bonds, which they would immediately do if there was any question, and that way they'll draw it. I mean, that's just the practical answer. The real question is, as the TIF (Tax Increment Fund) continues to exceed everybody's reasonable expectations, the County and many other forces are trying to figure out how do they get more money now. I mean, you know, it's sort of like drugs. You never get enough of it once you start, apparently, so I think that's the real question. The question that I have, though, of this item, candidly, is every year that I've been here, the County has played games on approval of the budget of the CRA, and, you know, we need to not play games, but if we're going to be held by a standard, we've got to hold the County by the standard. Now, are you all suggesting that you all are going to expend this money before the County has approved the bonds, in that this represents probably about 80 percent of the budget of the CRA? Mr. Rollason: Right. Chairman Teele: I mean, are you all saying you all are going to spend this money without the approval of the budget of the County? 17 February 23, 2004 Mr. Rollason: Our intention is, with your approval, for this to go forward is we have a meeting with the County on March 81" to have our budget approved, and, of course, I don't feel that we should be making a major expenditure like this if our budget hadn't been approved, so that's the position I'm taking with the County. Chairman Teele: Well, the position that I've always taken is we ought to all cooperate with each other. Mr. Rollason: I agree. Chairman Teele: And we've -- you know, I've recommended to the directors in the past to go ahead and make the payment, but, you know, there seems to be a new spirit of -- I should say a different spirit of reviews and checks, and everybody's looking for something, so, I think, you know, if you know that somebody's looking for something, then you'd be kind of crazy, in my opinion, Mr. Director, you do it at your own risk if you make the expenditure without having a budget approved. Mr. Rollason: I agree. Chairman Teele: I mean, somebody could come in and say, well, why are you -- Mr. Rollason: Spending this money. Chairman Teele: -- expending this money without a budget approval, and -- Vice Chairman Winton: Do we need a motion to reconsider? Chairman Teele: Well, I don't think -- I mean, I -- Vice Chairman Winton: Or modify the motion? Chairman Teel&: I've always said that this is something the Executive Director should have the authority to do. Because we do have a bond -- there's a bond out there for which we are a signature of a covenant. Vice Chairman Winton: Yeah. Chairman Teele: And it's a two-edged sword. Vice Chairman Winton: Right. Chairman Teele: But, you know, I don't want to go nuclear -- Mr. Rollason: Well, I think we have had some very construction meetings with Mr. Tony Crapp, Sr., and I think he is helping us to try to get this through, and I think on March the 81h, when we have the meeting, I think we'll be over the hump. 18 February 23, 2004 i • Vice Chairman Winton: Good. Chairman Teele:' All right. 19 February 23, 2004 8. CLASSIFY TEN GATEWAY NXL MINI DESKTOP COMPUTERS AND ASSOCIATED EQUIPMENT AS SURPLUS STOCK; AUTHORIZE DONATION TO VARIOUS NOT -FOR - PROFIT ENTITIES LOCATED WITHIN CRAS' BOUNDARIES, AS DEEMED APPROPRIATE BY EXECUTIVE DIRECTOR. (See Sec. #6) Chairman Teele: What item are we on now, Madam Clerk? Priscilla A. Thompson (City Clerk): Item 5. Chairman Teele: Item 5. We had a motion and a second? Ms. Thompson: That's correct. Board Member Sanchez: Yes. Chairman Teele: Did we have objection? This is on the donation of surplus -- Frank Rollason (Executive Director, CRA): Surplus computers. Chairman Teele: 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. 04-18 OMNI/CRA RESOLUTION NO. 04-16 A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCIES ("CRAS"), WITH ATTACHMENT(S), CLASSIFYING TEN GATEWAY NXL MINI DESKTOP COMPUTERS AND ASSOCIATED EQUIPMENT ("COMPUTERS"), AS LISTED ON `ATTACHMENT NO. 1,' AS SURPLUS STOCK; AUTHORIZING THE DONATION OF SAID COMPUTERS TO VARIOUS NOT -FOR -PROFIT ENTITIES ("ENTITIES") LOCATED WITHIN THE CRAS' BOUNDARIES, AS DEEMED APPROPRIATE BY THE EXECUTIVE DIRECTOR, CONTINGENT UPON SUCH ENTITIES PAYING ALL COSTS AND ACCEPTING ALL LIABILITY ASSOCIATED WITH THEIR TRANSPORT, MAINTENANCE, AND USE. 20 February 23, 2004 L� • (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 Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez NAYS: None ABSENT: None 21 February 23, 2004 9. ESTABLISH 401(A) RETIREMENT PROGRAM FOR EXECUTIVE STAFF IN THE FORM OF ICMA RETIREMENT CORPORATION GOVERNMENTAL PROFIT-SHARING PLAN & TRUST. Chairman Teele: Now, on Item 6a, b, and 7, I have no objections, but have these been coordinated with by the -- Vice Chairman Winton: City Manager. Chairman Teele: -- City -- Frank Rollason (Executive Director, CRA): Yes, they have. We sent them over in October. The first packet we sent over in October was misplaced. We sent it over again in December, and just recently we got a written approval back from them that it didn't conflict with what they were doing, and the benefit did not exceed what the City -- Vice Chairman Winton: Is that written by a condition in the packet? Mr. Rollason: That's in the backup. There's an e-mail in the backup material. That's the best that I've gotten from them, saying that they have no problem with the -- Vice Chairman Winton: Where's that, Frank? Mr. Rollason: If you look at the third item behind the cover memo, the first thing you get is my memo, then you get the blocked out, and then the next thing you get is an e-mail that says, per Chelsa's e-mail, to only review the 401(a) and deferred comp. We did not find a problem with their requests. They are compatible with the City of Miami's. Board Member Sanchez: So move 6a. Vice Chairman Winton: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Board Members (Collectively): Aye. 22 February 23, 2004 • The following resolution was introduced by Board Member Sanchez, who moved for its adoption: SEOPW/CRA RESOLUTION NO. 04-19 OMNI/CRA RESOLUTION NO. 04-17 A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS OF THE SOUTHEAST OVERTOWN/ PARK WEST AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCIES ("CRAS") ESTABLISHING A 401(A) RETIREMENT PROGRAM FOR EXECUTIVE STAFF IN THE FORM OF THE ICMA RETIREMENT CORPORATION GOVERNMENTAL PROFIT-SHARING PLAN & TRUST, PURSUANT TO THE PROVISIONS OF THE ADOPTION AGREEMENT ATTACHED AS EXHIBIT "A"; EXECUTING THE DECLARATION OF TRUST OF THE VANTAGE TRUST COMPANY ATTACHED HERETO AS EXHIBIT `B"; AGREEING TO SERVE AS TRUSTEE UNDER THE PLAN; DESIGNATING THE CRAS' EXECUTIVE DIRECTOR AS COORDINATOR FOR THE PLAN; AND FURTHER AUTHORIZING THE CRAS' EXECUTIVE DIRECTOR TO EXECUTE ALL NECESSARY AGREEMENTS WITH THE ICMA RETIREMENT CORPORATION; FUNDS TO BE ALLOCATED FROM GENERAL OPERATING FUND, "RETIREMENT CONTRIBUTION," ACCOUNT CODE NO. 689004.550011.6.110. (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 Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez NAYS: None ABSENT: None 23 February 23, 2004 • • 10. ESTABLISHING 401(A) RETIREMENT PROGRAM FOR GENERAL STAFF IN THE FORM OF ICMA RETIREMENT CORPORATION GOVERNMENTAL PROFIT-SHARING PLAN & TRUST. Chairman Teele: 6b. Board Member Sanchez: So move 6b. Vice Chairman Winton: And the same thing with 6b, right? Frank Rollason (Executive Director, CRA): Yes, sir. They're -- Vice Chairman Winton: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Board Members (Collectively): Aye. The following resolution was introduced by Board Member Sanchez, who moved for its adoption: SEOPW/CRA RESOLUTION NO. 04-20 OMNI/CRA RESOLUTION NO. 04-18 A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS OF THE SOUTHEAST OVERTOWN/ PARK WEST AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCIES ("CRAS") ESTABLISHING A 401(A) RETIREMENT PROGRAM FOR GENERAL STAFF IN THE FORM OF THE ICMA RETIREMENT CORPORATION GOVERNMENTAL PROFIT-SHARING PLAN & TRUST, PURSUANT TO THE PROVISIONS OF THE ADOPTION AGREEMENT ATTACHED AS EXHIBIT "A"; EXECUTING THE DECLARATION OF TRUST OF THE VANTAGE TRUST COMPANY ATTACHED HERETO AS EXHIBIT "B' ; AGREEING TO SERVE AS TRUSTEE UNDER THE PLAN; DESIGNATING THE CRAS' EXECUTIVE DIRECTOR AS COORDINATOR FOR THE PLAN; AND FURTHER AUTHORIZING THE CRAS' EXECUTIVE DIRECTOR TO EXECUTE ALL NECESSARY AGREEMENTS WITH THE ICMA RETIREMENT CORPORATION; FUNDS TO BE ALLOCATED FROM GENERAL OPERATING FUND, "RETIREMENT CONTRIBUTION," ACCOUNT CODE NO. 689004.550011.6.110. 24 February 23, 2004 (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 Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez NAYS: None ABSENT: None 25 February 23, 2004 • 11. AUTHORIZE EXECUTIVE DIRECTOR TO IMPLEMENT DEFERRED COMPENSATION PROGRAM WITH NATIONWIDE RETIREMENT SOLUTIONS IN THE FORM OF THE U.S. CONFERENCE OF MAYORS PROTOTYPE DEFERRED COMPENSATION PROGRAM. Chairman Teele: 7. Board Member Sanchez: So move 7. Vice Chairman Winton: Second. Chairman Teele: All in favor, say "aye." The Board Members (Collectively): Aye. The following resolution was introduced by Board Member Sanchez, who moved for its adoption: SEOPW/CRA RESOLUTION NO. 04-21 OMNI/CRA RESOLUTION NO. 04-19 A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS OF THE SOUTHEAST OVERTOWN/ PARK WEST AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCIES ("CRAS") AUTHORIZING THE EXECUTIVE DIRECTOR TO IMPLEMENT A DEFERRED COMPENSATION PROGRAM WITH NATIONWIDE RETIREMENT SOLUTIONS IN THE FORM OF THE U.S. CONFERENCE OF MAYORS PROTOTYPE DEFERRED COMPENSATION PROGRAM; DESIGNATING THE EXECUTIVE DIRECTOR AS ADMINISTRATOR OF THE PLAN REPRESENTING THE CRAS; AND FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE SUCH AGREEMENTS AND CONTRACTS AS ARE NECESSARY TO IMPLEMENT THE PROGRAM; FUNDS TO BE ALLOCATED FROM GENERAL OPERATING FUND, "RETIREMENT CONTRIBUTION," ACCOUNT CODE NO. 689004.5 50011.6.110. 26 February 23, 2004 • (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 Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez NAYS: None ABSENT: None 27 February 23, 2004 • • 12. BRIEF DISCUSSION CONCERNING PENDING LEGAL AGREEMENTS. Chairman Teele: On Item Number 8, are there any pending legal actions? 28 February 23, 2004 13. DISCUSSION RELATED TO MEETING OF MARCH 2O04. DIRECTION TO ARRANGE SUNSHINE LAW MEETING BETWEEN VICE CHAIRMAN WINTON AND CHAIRMAN TELLE REGARDING CROSSWIND AND LITIGATION OF POINCIANA CASE; REQUEST SPECIAL COUNSEL TO PROVIDE COPY OF ORIGINAL DOCUMENTS, BEGINNING WITH RFP DOCUMENT, AND TO RESEARCH HOW LAND CAME TO CITY. Chairman Teele: On Item Number 9, I want to say two or three things. We've had -- in my district, District 5, which the Overtown area includes, we've had a CR -- the Community Development meeting. One of the issues that has come up -- Johnny, especially to you -- repeatedly is a demand from the community that they know what is going on, that there be no action until they've had an opportunity to ratify. I am going to formally request, through the special counsel, that a sunshine law meeting be set up between Commissioner Winton and myself on the issue of Southwind and the litigation -- Frank Rollason (Executive Director, CRA): Crosswind. Board Member Sanchez: Crosswind. Vice Chairman Winton: Yeah. Chairman Teele: -- Crosswind and the litigation revolving the Poinciana Village issue. Vice Chairman Winton: Great. Chairman Teele: I do believe, however, that there must be a public hearing before any action is proposed or contemplated by the board. Whether that is done by the City or the CRA (Community Redevelopment Agency), it makes me no difference, but I think there needs to be a public hearing with at least two weeks notice with all of the details being known at that time, and in that regard, if there's an effort to move the CRA regular board meeting to the 15th of March, I have no objections, provided that's not where we're going to be dealing with the Crosswind issue. Mr. Rollason: Well, let me explain to you what this issue is about. This issue is primarily about bringing the Crosswinds issue to you early, and my position is, is that I think it would be prudent, if it's going to be on our agenda, to stay on March 29th and keep the agenda as it is -- Chairman Teele: Well, who's proposing to move it? Mr. Rollason: It's been requested of me to put this on the agenda from the office of the Mayor to try to expedite this process. My position is, is that we still have not finalized everything to the point that I'm comfortable. In other words, the backlash on this will be, if we go the 15th and reschedule the meeting and we're not ready, now you're looking six weeks, April 29th, for it to come again. 29 February 23, 2004 Chairman Teele: I think you're making a big mistake, Mr. Director. Number one, the Mayor's hands are all over this thing, so let's just be very clear. The Mayor is not a member of the CRA Board. I think the CRA should defer any action on this matter and let the City Commission take the final action. That way the Mayor is fully engaged and fully involved. He's not a guest or a interloper. He's an official dignitary with board obligations and responsibilities, and I think we ought to, in Commission meeting, agree that the public hearing will be held by the City, and I'll tell you why. This whole matter is something. that the CRA inherited from the City. The RFP (Request for Proposals) that was done was not done by the CRA, and that's what I keep trying to get everybody to focus on. You know, of course, we catch the hell and get the investigations, but the point is, this deal, this Poinciana Village deal and the subsequent deals were primarily creatures. of the City. Now, Mr. Attorney, if I'm wrong, correct me, please. Jim Villacorta (Assistant City Attorney): No. That's correct. Chairman Teele: They were creatures of the City, and I think it's misleading, and I think if there's going to be an adversarial relationship, you know, I would much rather that relationship be with the City than with the CRA for the simple fact that the City is the one where the action's going to have to be taken, ultimately. Mr. Rollason: Would you want to consider having a combined meeting at that time, or just do it with the City, and then bring it back here subsequent to whenever our next board meeting is? . Chairman Teele: I think the City -- I don't think you should put yourself as frustrating something that the powers that be at City Hall want to do. OK? I don't think -- so you can just wash your hands of this, and you can simply say that the board is prepared to ratify whatever actions, or to take an action. consistent with the City Commission actions at that time, and we'll call a board meeting for that, but the public hearing should be held at City Hall on that, in my opinion. Now, there may be a different opinion from the board members. Vice Chairman Winton: And by the way, that -- and I hadn't thought about this until listening to you, Commissioner Teele, but that's also consistent with the fact that you all appointed me as a Commissioner, not as a board member, but as a Commissioner to serve as the negotiating liaison between Crosswinds and the Mayor's Office, and the Commission, so what you say is consistent with the actions we've taken to date. Board Member Sanchez: There needs to be more participation and scrutiny from the public. Vice Chairman Winton: Yeah. Chairman Teele: But this is the point I want to be on record. As the district Commissioner, there will be no action by the City Commission on this unless and until there is a full disclosure to the public as to what we're doing, and Mr. Attorney, I'm asking you all to go back and get the original documents. Because part of the problem with this City Hall right now is that everybody is reinventing something every time there's a personnel change, then the whole game has got to start. In this case, we're going to start with the RFP document, those documents that went out, and start with the history of how this land came to the City. Those are the two controlling 30 February 23, 2004 • documents, and I'm going to say this, Johnny, for the record. If any developer comes and they don't meet within the broad intent of what the RFP required, which was historic ownership, historic ownership of land, as a bidder or proposer, I'm not going to be for it. I'm just going to be very candid with you. I've said this to anybody who's come into my office to talk to me about it, you know. I am not going to do what the American government , did to the Native Americans, and that's take their land and give it to whoever they think has got a better deal. I read that Canada's doing the same thing -- has been accused of doing the same thing now to the American Indians, and I just think it's very important that we start with the documents that guided this process, the original documents, as it relates to the tracts of land that are in question. That's just one Commissioner -- or one board member speaking, but I think -- Vice Chairman Winton: I think it's going to do the things you're describing anyhow, based on what I know. I think it's going to accomplish the objectives that you're defining right now. Chairman Teele: But I have no objections to moving the meeting from the 29tn to the 151n, or leaving it the 29tn, as long as this is not for the purpose of that public hearing. Mr. Rollason: Well, my recommendation is we leave it at the 291n Board Member Sanchez: All right. Board Member Gonzalez: OK. Chairman Teele: All right. 31 February 23, 2004 0 • 14. STATUS REPORT: MIAMI AT MIDNIGHT TRANSPORTATION DEMONSTRATION PROJECT (See Sec. #2). Chairman Teele: At that, we're going to recognize the Director of Capital Programs and Transportation, the czarina. What's the correct word for the -- what is the -- Board Member Regalado: Czarina. Czarina. Chairman Teele: Is it czarina? Board Member Regalado: Yeah. Chairman Teele: When guys are called "czar" it's a compliment, so I hope it's not -- Vice Chairman Winton: For a woman czar, it's czarina? Board Member Regalado: Yeah. Chairman Teele: Czarina is the -- Board Member Regalado: Yeah. Chairman Teele: -- is the feminine. Ms. Conway, we're very delighted that you're able to join us. We've sort of gone over that item, jumped over it. Several of the board members had questions about it, and I want to commend you all for the letter that you sent in which you all agreed to look at the thing very closely, and to have a meeting. I think Commissioner Regalado had some concerns, and he's going to have to leave very quickly, and I'm going to leave right now. Board Member Regalado: I have -- my only concern was this back and forth that I kept reading because -- I mean, the first problems you have is that I read everything, so I read the first memo, the second memo, the fourth memo, and I didn't understand what was going on, and I said on the record, this board has five members, which is the five members of the City Commission, so we approved this and now the City is taking an adversarial position. I didn't understand what was going on. Mary Conway (Transportation Coordinator): I apologize for that and that dealt with a miscommunication and a meeting that was to have taken place last week prior to the first memo going out, and that was an error, and I can assure you -- and there were two. There weren't four. There was a first position, and then after having an opportunity to speak with the Commissioner and staff, along with the Manager, the City took a slightly different position. Board Member Regalado: OK. She answered my question. Board Member Sanchez: All right. That's it? OK. 32 February 23, 2004 • • Vice Chairman Winton: Anything else? I guess I'm supposed to be running this show. Board Member Regalado: You're running this. Board Member Sanchez: Move to adjourn. Vice Chairman Winton: Motion to adjourn? Board Member Sanchez: Motion to adjourn. 33 February 23, 2004 0 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 5:48 p.m. ATTEST: PRISCILLA A. THOMPSON, City Clerk SYLVIA SCHEIDER, Assistant City Clerk ARTHUR E. TEELE, JR., Chairman 34 February 23, 2004