HomeMy WebLinkAboutR-98-1071J-98-1111
10/27/98
RESOLUTION NO. 9 8 - 10 i 1
A RESOLUTION DIRECTING THE CITY ATTORNEY TO
DRAFT AN ORDINANCE, COORDINATED WITH THE CITY
MANAGER AND COUNSEL FOR THE COMMUNITY
REDEVELOPMENT AGENCY, TO PRESENT TO THE CITY
COMMISSION FOR ITS REVIEW AND CONSIDERATION
FOR FIRST READING AT THE FIRST CITY
COMMISSION MEETING IN NOVEMBER, 1998, AND FOR
SECOND READING AT THE FIRST CITY COMMISSION
MEETING IN DECEMBER, 1998, TO ESTABLISH A
POLICY AND PROCEDURES COMMITTEE, FOR THE
PURPOSE OF REVIEWING THE ACTIVITIES OF, AND
ADVISING THE CITY COMMISSION ON, THE
COMMUNITY REDEVELOPMENT AGENCY (THE "CRA")
AND THE DEPARTMENT OF COMMUNITY DEVELOPMENT
("CD"), PARTICULARLY AS IT RELATES TO THE
AUDIT OF CD; AND (2) MAKING RECOMMENDATIONS
ANNUALLY TO THE CITY COMMISSION AS TO
POLICIES AND PROCEDURES SPECIFICALLY RELATED
TO THE BUDGET AND APPROPRIATIONS OF THE CRA.
WHEREAS pursuant to applicable law, the Community
Redevelopment Agency ("CRA°) is an independent agency established
for the purpose of affording maximum opportunity consistent with
the sound needs of the City of Miami to rehabilitate and
redevelop a community redevelopment area; and
WHEREAS the City of Miami provides funds for the support of
the activities of the CRA; and
WHEREAS it is essential that the policies, programs and
procedures of the CRA are performed in a manner which is in the
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Resolution No.
98-i0'7i
best interest of the citizens of the City of Miami; and
WHEREAS the City Commission of the City of Miami desires
that the activities of the CRA are evaluated in an objective
manner and that the City Commission and all other interested
parties are informed of such evaluation; and
WHEREAS, a Policy and Procedures Committee, formed expressly
for the purpose of evaluating the activities of the CRA and the
Department of Community Development and reporting its
recommendations as to policies, procedures and programs to the
City Commission, will assure that the best interests of the
citizens of the City of Miami are served;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Attorney is hereby directed to draft
an ordinance, coordinated with the City Manager and Counsel for
the Community Redevelopment Agency (the 11CRA11), to present to the
City Commission for its review and consideration for first
reading at the first City Commission meeting in November, 1998,
and for second reading at the first City Commission meeting in
December, 1998, to establish a Policy and Procedures Committee
("Committee"). The drafting of said Ordinance shall set forth,
but not be limited to, the following provisions:
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(1) Appointments to the Committee;
(2) Payment of all expenses, including external accounting
or audit, to be provided by CRA funds;
(3) Legal Counsel to the Committee to be provided by the
City Attorney; and
(4) Compliance with applicable laws related to notice and
recordation of meetings shall be the responsibility of
the City Clerk.
Section 3. The Policy and Procedures Committee's
responsibilities shall include, but not be limited to:
(1) Reviewing the activities of, and a advising the City
Commission on the CRA and the Department of Community
Development ("CD"), particularly as it relates to the
audit of CD;
(2) Making recommendations to the City Commission annually
as to policies and procedures specifically related to
the budget and appropriations of the CRA;
(3) Complying with all provisions of the Florida Government
in the Sunshine Law;
(4) Providing notification of all actions related to said
committee to the Southeast Overtown/Parkwest Advisory
Board, the Omni Advisory Board, the CRA, and the
Downtown Development Authority;
(5) Conducting a thorough review of the CRA in the fourth
(4th) year of a five year plan (as set forth in
applicable City Code sections), and making
recommendations consistent with sunset provisions no
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98-1071
later than the end of the third quarter of the fourth
year.
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayorll
PASSED AND ADOPTED this 27th
ATTEST:
day of October
1998.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did nf^t
this legislation by signing it in the designated ,ace r
becomes effective with the elapse of ten Z M daA from iiiz) due of C,�; )r,;
regarding same, without the Maybr,exer�si veto.
WALTER J. FOEMAN
CITY CLERK
AND CORRECTNESS:�/'
7 ATTORNEY
3017:MJC:BSS
V If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted. If
the Mayor vetoes this Resolution, it shall become effective immediately
upon override of the veto by the City Commission.
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98-10'71
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ARTHUR E. TEELE JR.
COMMISSIONER
WN rid "I, I
To: Donald Warshaw, City Manager
From: Arthur E. Teele, Jr., Commissioner
Date: October 6, 1998
Re: Agenda Items: Community Redevelopment Agency, et al.
P.O BOX 330706
MIAMI, FLORIDA 33233-070R
(305)250-5390
FAX 13051 250-5399
Pursuant to the City Commission discussion and actions at the September 28, 1998,
City Commission meeting, an agreement was reached that the following items
would be placed on the upcoming City Commission agenda (October 13, 1998):
A. City Commission ratification of the FY 1998-99 Community Redevelopment
Agency budget (ratified by the CRA Board of Directors on September 22, 1998).
B. Cooperation Agreements between the City of Miami and the Community
Redevelopment Agency (approved by the CRA Board of Directors on September
22, 1998).
In addition, based upon the budget discussion, and related issues that were
unresolved at the September 28, 1998, City Commission meeting, I request that the
following items be placed on the October 13, 1998, City Commission agenda:
1. Discussion and Personal Appearance: Off -Street Parking Representative
Re: The Status of Revenues diverted from Arena Parking Lots #57-60.
2. Discussion and Personal Appearance: Robert Friedman, CRA Counsel
Re: Legal Implication of Revenues Diverted from Arena Parking Lots #57-60.
3. Discussion and Personal Appearance: Mr. Charles Flowers, Chairman,
Overtown Advisory Board
Re: Revenues Diverted from Arena Parking Lots #57-60.
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98-11071
October 6, 1998
Discussion and Motion: Request for an Opinion from the Florida Attorney
General, and the Florida Comptroller General in regard to the diversion of
revenues and assets from Community Redevelopment Areas.
By copy and distribution of this memorandum to the Honorable Mayor and
Members of the City Commission I am in compliance with the City Ordinance, and
rules and procedures for "notice."
Regards.
Cc: The Honorable Mayor
The Honorable Vice Chairman and Members of the City Commission
Vilarello, City Attorney
alter Foeman, City Clerk
Hilda Tejera, CRA Administrator
Robert Friedman, CRA Counsel, Holland and Knight
William Bloom, CRA Counsel, Holland and Knight
Elizabeth McBride, CRA Special Counsel, Holland and Knight
98 - i0- 1
CITY OF MIAMI
CITY ATTORNEY'S OFFIC
MEMORANDUM
TO: Honorable Arthur E. Teele, Jr., City
FROM: Alejandro Vilarello, City Attorney
DATE: October 8, 1998
RE: Community Redevelopment Agency; Disposition of Assets
As you are very much aware, during the City Commission's meeting of
September 28, 1998, several issues were raised regarding the disposition of
Community Redevelopment Agency ("CRA") assets and funds. Further, you
requested that the City Attorney study the matter and report to the City Commission
at its meeting of October 13, 1998.
Pursuant to your request, my office has reviewed relevant federal and state
statutes and regulations, and local legislation. We have also endeavored to locate
relevant documents relating to the CRA and the Overtown/Parkwest Redevelopment
District, with specific emphasis on the creation and disposition of CRA assets. Our
research effort, with the assistance of the City Clerk and other departments, has
resulted in and necessitated the diligent review of hundreds of documents and
transcripts. It has also necessitated many inquiries and meetings.
All of the aforementioned is, of course, an effort to discern and understand the
legislative and administrative history of specific CRA transactions discussed by you,
the Commission and the City Manager on September 28, 1998.
As you can well -imagine, this task has, inevitably, proven to be an arduous
one. Consequently I am, respectfully, requesting -that the City Commission's
discussion of this matter be deferred to the Commission's meeting of October 27,
1998.
c: Honorable Mayor and Members of the City Commission
Donald H. Warshaw, City Manager
Walter J. Foeman, City Clerk
JEM;rI:CRA;Ba&up of WOO CRA memo to Tmie.wbk
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