HomeMy WebLinkAboutSEOPW OMNI CRA 2004-05-06 MinutesCITY OF MIAMI
L
SPECIAL
MEETING
MINUTES
OF MEETING HELD ON MAY 6, 2004
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Priscilla A. Thompson/City Clerk
MINUTES OF THE SPECIAL BOARD OF DIRECTORS MEETING OF THE
COMMUNITY REDEVELOPMENT AGENCY FOR
SOUTHEAST OVERTOWN/PARK WEST AND OMNI DISTRICTS
On the 61h day of May 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
Miami City Hall, 3500 Pan American Drive, Miami, Florida.
The meeting was called to order at 3:21 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 Angel Gonzalez
Board Member Tomas Regalado
Board Member Joe Sanchez
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
Alicia Cuervo Schreiber, Chief of Operations, City of Miami
May 6, 2004
Chairman Teele: Could we recess the Commission meeting, please, and go to the CRA
(Community Redevelopment Agency) meeting? Before we do, Mr. Attorney, have you prepared
a memo on that settlement issue?
Alejandro Vilarello (City Attorney): That -- the settlement document is being prepared, and I'd
like to show it to Mr. Jones before we proceed.
Chairman Teele: All right.
Vice Chairman Winton: OK.
Chairman Teele: All right. Thank you. Could we change staffs, or how are we going to do this?
OK. Frank, you're going to take this?
1. DECLARE INTENTION TO, DISPOSE OF REAL PROPERTY LOCATED IN
OVERTOWN COMMONLY KNOWN AS BLOCK 36; DIRECT EXECUTIVE DIRECTOR
TO PUBLISH NOTICE OF DISPOSITION AND INVITE PROPOSALS FOR
REDEVELOPMENT OR REHABILITATION OF PROPERTY; DIRECT EXECUTIVE
DIRECTOR TO CONSIDER ALL PROPOSALS RECEIVED WITHIN SIXTY DAYS FROM
DATE REQUEST FOR PROPOSALS IS PUBLISHED; AND DIRECT EXECUTIVE
DIRECTOR TO CONDUCT ANY NECESSARY DUE DILIGENCE ON PROPERTY.
Chairman Teele: Thank you very much. This is a special meeting of the Community
Redevelopment Authority, the Southeast Overtown/Park West Authority for the sole purpose of
discussing and taking action on the request that is coming to the board, in consultation with the
Mayor's office, and several other offices, declaring that our -- we have an intention of disposing
of the property commonly known as Block 36, P.W. White's Subdivision, as defined in the
Exhibit "A." This resolution further directs the Executive Director to publish notice of the
disposition, and to invite proposals for the redevelopment and rehabilitation of the property, and
directing that the Executive Director shall consider all proposals received within the 60 days
from the date the request is published, and further requesting that the Executive Director -- to
conduct any due diligence, at a cost not to exceed' fifteen thousand dollars. That's the discussion
item. Before we take a motion, I would like to, Mr. Attorney, make sure that the RE -- that the
Request for Proposals provides sufficient notice to any particular offerer regarding the actions
that the City Commission has taken previously, specifically, the vacating of the alleyway, and
the additional -- what is it, 45 feet?
Frank Rollason (Executive Director, CRA): The 50 feet, plus the alleyway. It'll be 55 feet off of
Block 36.
Mr. Vilarello: The resolution --
Chairman Teele: And that the --
Mr. Vilarello: Yeah. The resolution, by reference to the legal description, specifically excludes
those portions determined by the CRA to be required by the Black Archives History and
2 May 6, 2004
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Research Foundation of South Florida for the expansion of the Lyric Theater, so it specifically
carves those areas out.
Chairman Teele: OK, and it should also specifically note that the parcel will require a replat or
platting, as necessary. Because what we've got is we've got a lot of things in motion, and I don't
want to stop anything that's in motion, but at the same time, it just needs -- everybody just needs
to be on notice, so somebody doesn't say that we didn't realize that. Because we are in the midst
of a plat, I believe, but it will probably not be consummated prior to the 60 days, if things work
the way they do in the government. Maybe we ought to get Midtown to do the plat for us.
Mr. Vilarello: That was not noted, but it will be.
Chairman Teele: OK. Further discussion. Mr. Executive Director.
Mr. Rollason: We're -- you know, we're presenting this. We need to move forward. Our
position is, is that that block, of course, has the reverter on it with the County, and we need to
move this block forward to stay within that time line. We were already six months, seven
months past that starting date.
Board Member Sanchez: So move.
Board Member Gonzalez: Second.
Chairman Teele: It's been moved and second. This is a public hearing. Any person desiring to
be heard should come forward. There are no persons -- Are you waving, or are you coming
forward?
Minda Logan: Good afternoon, Commissioners. Minda Logan, CEO (Chief Executive Officer)
of the Black Archives. We are requesting that this be delayed. I have with me John Hall, also of
the Black Archives, and he can explain to you our reasoning why this is not the appropriate time
for this to go forward.
John Hall: Thank you, Minda. Mr. Chairman, Commissioners, as Minda indicated, we're here
representing Dr. Dorothy Fields, the founder of the Black Archives, and Minda Logan, the CEO,
and other community organizations that are partners with us in an effort to develop the Overtown
Folk Life Village. The Over --
Priscilla A. Thompson (City Clerk): I'm sorry, sir. I'm sorry to interrupt, but we didn't get your
name for the record.
Mr. Hall: I'm sorry. My name is John Hall. I'm the Main Street Manager of the Black
Archives. The Black Archives is seeking to develop the Overtown Folk Life Village, which is a
four -block area that extends from 8th Street Northwest to 1 oth Street Northwest, and from
Northwest I't Avenue to Northwest 3`d Avenue, and those four blocks include Block 36. We
consider our development concept to be one that requires a public -private partnership. It's
designed to generate over 150 jobs and recreate much of what used to be on 2"d Avenue. Block
3 May 6, 2004
36 is integral to that development concept. In order for us to move forward with our concept, we
believe it is imperative that we have a variety of discussions with government officials. We
believe that if this resolution is offered today, it may not be the "official Cone of Silence," but it
puts a cloud over any discussions any administrative representatives of the City or the CRA
would have in discussions with us in an effort to openly discuss public/private partnership
arrangements, so it is our view, therefore, that because of the cloud -- or the perception of a Cone
of Silence, or the effective Cone of Silence, we would appreciate a delay of at least 30 days
before this resolution is put forward, or voted upon.
Chairman Teele: Cone of silence. What's up with the Cone of Silence, Mr. Attorney?
Mr. Vilarello: The City opted out of the Cone of Silence, and specifically -- and adopted it for
itself on certain conditions, but the CRA is not -- is excluded from the Cone of Silence.
Board Member Sanchez: OK. All right.
Mr. Hall: Well, Mr. Chairman, if I may? It is our view that any time it is known that an RFP
(Request for Proposal) is either on the street or about to come on the street, City administrators
feel constrained with what they can talk about, and part of that is very legitimate and reasonable.
They feel that if an official of the government says something to one bidder and that information
is used in their bid, then there's a possibility that another bidder can feel they were, you know,
not given a fair shot at the same information, and the possibility of suit arises, and then the whole
bid can be thrown out and you have to start all over, so our view is just a matter of whether or
not we're in a position to openly discuss public/private partnership type arrangements with the
City, which we think that's what the CRA really does, is create not necessarily highest and best
use types of benefits to the CRA or to the City, but benefits --
Chairman Teele: To the redevelopment area.
Mr. Hall: To the redevelopment area, yes. -- but benefits to the community, and these are issues
that we think should be part of the criteria in the RFP, and we think they should be seriously
considered. We'd like the chance to meet with all of the Commissioners. We'd like a chance to
meet with the Mayor; we'd like the chance to meet with the CRA. We'd like the chance to meet
with Off -Street Parking. There are so many different groups that we feel we need to meet with
in order to structure a true public/private partnership that that cloud would make it difficult for
them to speak to us candidly, if this RFP resolution --
Board Member Sanchez: But --
Mr. Hall: -- is issued right now.
Board Member Sanchez: You could still meet with all these groups. I mean, it's been clearly
stated for the record that the Cone of Silence has been waived, so you could still meet with all
these groups. I don't --
Mr. Hall: Well --
4 May 6, 2004
Board Member Sanchez: I don't quite -- I can't support your argument. I'm trying to, but I just
can't.
Vice Chairman Winton: Well -- Mr. Chairman, this is your district, so I'm going to follow your
lead, but you all appointed me -- how many months ago? Was that nine months ago? -- six, nine
months ago to serve as the Commission liaison in trying to negotiate this Crosswinds deal and
the settlement. That was public knowledge. I've met with Mr. Hall two months ago, or three
months ago. I think there's been ample opportunity for them to bring whatever this concept is
forward months ago, and they didn't, and I think that stalling this, in my mind, makes zero sense.
Mr. Hall: Well --
Vice Chairman Winton: So that's just my particular view, Mr. Chairman.
Mr. Hall: With all due respect, Mr. Commissioner, ever since I met with you, we have spent
thousands of dollars on a study for the feasibility for the hotel, which I've spoke to you about.
This study came out today, and we could have rushed it, but it would have been a lower quality
document. Everybody says that Black Archives needs to bring feasibility to its concepts, and we
are -- we bent over backwards to make sure that happened. This means that 150 jobs can be
created in this neighborhood, and we could not move forward without it so, unfortunately, you
know, developing in Overtown is very risky; it's very complex; it could be very expensive, but
you still have to do it right, and that's what we're trying to do. I regret that it has taken how long
it has taken, but it has taken how long it has taken.
Board Member Sanchez: All right.
Chairman Teele: OK. Mr. Attorney, what does a -- what did you ask for?
Mr. Hall: 30 days.
Chairman Teele: See, my dilemma is this: Although Commissioner Winton has made reference
to Crosswinds, this has nothing to do with Crosswinds. This is operating separately --
Vice Chairman Winton: I agree. That's right.
Chairman Teele: -- and independently of any proposed settlement relating to Crosswinds. I
think two things need to be -- three things need to be stated. Number one, I agree with your
statement relating to the redevelopment area and that the role of the CRA is to get the best
development deal for the district, and in that regard, I think it's important, Mr. Attorney, that the
invitation make clear and specific reference to Chapter 163, and this is the frustration, you know,
that I've had for six years with the way that the CRA is couched, in terms of a general -- This is
not general government 100 -- 101. This is redevelopment, which is a totally different standard,
a totally different standard from general government, and I think Mr. Hall's point is a valid point,
and it needs -- the RF -- the notice needs to specifically say proposals will be consistent with and
in furtherance of Chapter 163. We don't have -- unfortunately, I could not find a copy of the
May 6, 2004
proposed notice that was a part of the package.
Mr. Rollason: And we're still putting that together, sir.
Chairman Teele: And that's fine. Secondly, I think a specific reference to the inapplicability of
Vice Chairman Winton: The what? The what?
Chairman Teele: Inapplicability. The inapplicability, non -applicability -- inapplicability.
Board Member Sanchez: "In."
Commissioner Regalado: "In" works.
Chairman Teele: What, non -applicability?
Board Member Regalado: Yeah.
Chairman Teele: -- of the Cone of Silence should be stated also in the RF -- in the notice, and in
fact, I think, to the converse, we should encourage potential offerers to have dialogue with the
City of Miami staff and with the CRA staff. I don't think you can have it -- I don't think the City
and the CRA can have it both ways, where you're talking to somebody in one context and not
talk in another, and I think, Johnny, this is very important because it makes sure that everybody's
on the same playing field. The third point that I would make in that line of thinking is that I
would think, Frank, that as a part of this, we should have a workshop, a one -day or a two-day
workshop in which offerers are encouraged to participate and to be there, and if the workshop is
no more than just letting everybody come in and ask questions or talk -- but I -- we should go the
other way so that there's no question about the Cone of Silence, pursuant to Chapter 163, and
then the third point, which is a business point, what does a 30-day delay get you? That's what
I'm trying to understand.
Mr. Hall: Well, there are two things, and first of all, we were very, frankly, distraught at the
notice of this meeting came to us at 10 o'clock this morning. We, frankly, heard about it through
the grapevine yesterday, but we never -- we only had one day's notice through the grapevine that
this meeting was happening, which didn't give us really much chance to even --
Chairman Teele: But see, the whole --
Mr. Hall: -- think about it, nevertheless react to it.
Chairman Teele: But, John, I don't want to debate the point, and you -- you're surely -- this is a
special meeting. We are trying to move everything along, as you can see, but this meeting is
designed to give everybody 60-day notice. That's the purpose of this, is to give everybody 60-
day notice. The discussion has been, up until I basically moved it forward, that it would be a 30-
day notice. That has been all of the discussion, that the proposals would be open for 30 days,
6 May 6, 2004
and I wanted to give -- to caution on the side of anybody like yourself, or similarly situated, so I
think giving 60-day -- this is not -- this is 60 days to do everything that you want to do over the
next 30 days.
Mr. Hall: Well, with all due respect, Commissioner, it is my view that many City officials -- I've
been involved in many RFPs -- many City officials, any government official, is hesitant to talk --
Vice Chairman Winton: Oh, come on.
Mr. Hall: --freely --
Vice Chairman Winton: We've --
Mr. Hall: -- to any bidder on an RFP because --
Chairman Teele: But, John, don't you -- will you take my word, if we put it in there, if we
encourage discussions, if we state in the RFP, or the Request for Proposals, that we are
encouraging people to meet with the City staff and the CRA staff, and I'll support a resolution
today asking the City staff, in the Commission meeting, to be a part of the workshop, and to have
a workshop, a workshop within 15 days, if that --
Mr. Hall: Well, Commissioner, I mean, obviously, the Commission can do whatever it seeks to
do. It is our view that we would be comfortable with a 30-day delay. We would be much less
comfortable if this RFP goes -- if this resolution is passed as it is, and basically puts us in a
position of talking to people when they know we're going to be a bidder.
Chairman Teele: Mr. Attorney, what does 30 days do for all of the various time schedules? A
30-day delay.
Mr. Vilarello: The only concern that I have is if you delay it for an additional 30 days, all of this
is going to get back to you, after proposals come in and the Executive Director has an
opportunity to review it, right in the middle of the summer break in August, so you won't be able
to consider it until September.
Board Member Regalado: Mr. Chairman, I --
Chairman Teele: Commissioner Regalado.
Mr. Vilarello: Without a special meeting, of course.
Board Member Regalado: I'm concerned for what you said, as anybody in the administration,
either from the CRA or the administration refuse to give you information or try to, in a way,
well, derail your ideas.
Mr. Hall: No. It's not derailing. I think --
7 May 6, 2004
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Board Member Regalado: Because what you're saying is scary, and the fact that you said that
some administration officials are afraid to --
Mr. Hall: Well, if I may? I don't think it's fear. I think it's more caution. I think no one wants
to be the reason someone -- some bidder claims that, you know, someone had an unfair
advantage because you told them about a City benefit or an incentive package, or a concept that
you didn't tell me about and so, my view is that -- that's the reason for the Cone of Silence, and
that if it is known this RFP is going to come out, it's already at approve City resolution, then,
you know, we might -- you can encourage people all day, but if they're concerned about, you
know, being named in a suit, they're still going to speak with caution and, you know, I've been
involved in many, many RFPs, and my experience is the Cone of Silence is a good rule, and
there's a reason for it. I think the same rule --
Vice Chairman Winton: The Cone of Silence -- John.
Mr. Hall: -- will apply --
Vice Chairman Winton: The Cone of Silence, our City Attorney has ruled, doesn't apply, so for
you to continue to press on this Cone of Silence issue, I think is a poor argument.
Mr. Hall: It's a matter of freedom of speech. -
Vice Chairman Winton: There is no Cone of Silence rule applying here, John.
Mr. Hall: I'm not speaking of --
Vice Chairman Winton: And I think what --
Mr. Hall: -- a legal Cone of Silence.
Vice Chairman Winton: I think what this is --
Mr. Hall: I'm speaking of the concept.
Vice Chairman Winton: I don't care that you're speaking of the concept.
Chairman Teele: All right.
Vice Chairman Winton: The point is that it doesn't apply.
Board Member Sanchez: Call the question.
Chairman Teele: Before the question's called, will the maker of the motion agree to the three
modifications that we've asked? One is that the RFP will be cleared; that the Cone of Silence
does not apply, and specifically encourage CRA and City staff to entertain discussions and
meetings, et cetera.
8 May 6, 2004
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E
Board Member Sanchez: Maker of the motion accepts that condition.
Chairman Teele: Secondly, that the RFP will include a workshop, which will be advised but not
mandatory to any offerer, and that workshop can be one or two days, but at a time that's
reasonable to meet --
Board Member Sanchez: Maker of the motion accepts that condition.
Chairman Teele: And that workshop should be within the next 30 days, by the way. It should
not be on the last 30.
Vice Chairman Winton: Right.
Chairman Teele: And what was the other thing, John, that you asked for?
Mr. Vilarello: Specific reference to 163 --
Mr. Rollason: 163.
Mr. Vilarello: -- and the different set of --
Chairman Teele: And specific reference to Chapter 163, that offerers will be considered
pursuant to Chapter 163, and specific language (UNINTELLIGIBLE).
Board Member Sanchez: Maker of the motion accepts all three conditions. Call the question.
Board Member Gonzalez: Second, as amended.
Chairman Teele: All right. All those in favor of the resolution, say "aye."
The Board Members (Collectively): Aye.
Chairman Teele: All opposed have the same right. The item is adopted.
9 May 6, 2004
•
The following resolution was introduced by Board Member Gonzalez, who moved for its
adoption:
SEOPW/CRA RESOLUTION NO. 04-40
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY
("CRA") DECLARING ITS INTENTION TO DISPOSE OF THAT REAL
PROPERTY LOCATED IN OVERTOWN COMMONLY KNOWN AS BLOCK
36, P.W. WHITE'S RE -SUBDIVISION, AND MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO (THE "PROPERTY");
DIRECTING THE EXECUTIVE DIRECTOR TO PUBLISH NOTICE OF THE
DISPOSITION AND INVITE PROPOSALS FOR THE REDEVELOPMENT
OR REHABILITATION OF THE PROPERTY; DIRECTING THE
EXECUTIVE DIRECTOR TO CONSIDER ALL PROPOSALS RECEIVED
WITHIN SIXTY (60) DAYS FROM THE DATE THE REQUEST FOR
PROPOSALS IS PUBLISHED; AND FURTHER DIRECTING THE
EXECUTIVE DIRECTOR TO CONDUCT ANY NECESSARY DUE
DILIGENCE ON THE PROPERTY AT A COST NOT TO EXCEED
$15,000.00; FUNDS TO BE ALLOCATED FROM SEOPW TAX INCREMENT
FUND "PROFESSIONAL SERVICES — APPRAISALS," ACCOUNT CODE
NO. 689001.550108.6.220.
(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
Chairman Teele: And we would ask the CRA staff to work and to advise us as to when it goes
out on the street, please.
Mr. Rollason: Yes, sir.
Chairman Teele: All right. There being no other matters agendaed for the CRA meeting, the
CRA meeting is, therefore, concluded.
10 May 6, 2004
•
•
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 3:40 p.m.
ATTEST:
PRISCILLA A. THOMPSON,
City Clerk
SYLVIA SCHEIDER,
Assistant City Clerk
ARTHUR E. TEELE, JR.,
Chairman
11
May 6, 2004
DATE June 11, 2004
SUBJECT: Minutes for the May 6, 20.04 Special CRA Meeting..
Received By:
MAYOR DIAZ
CHAIRMAN TEELE-
a
VICE-CHAIRMAN WINTON
BOARD MEMBER GONZALEZ
BOARD MEMBER SANCHEZ
CITY MANAGER