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HomeMy WebLinkAboutbayfront meetingMILDRED AND CLAUDE PEPPER BAYFRONT PARK Bayfront Park Management Trust Meeting July 26, 2004 Trust Members Present: Commissioner Joe Sanchez Dr. Laurinus Pierre Steven Alexander Michael Barket Lawrence Terry Elena V. Carpenter Trust Members Absent: Frank Herrera Ralph Duharte Ruth Greenfield Staff and Visitors: Timothy Schmand Jose Gell Daniel Iturralde Carol Cutt Valeria Sanchez James Villacorta Maria J. Chiaro Robert Weinreb Jacques Teze Simon Ferro Matt Monfredi Mark Funnen Michelle Palacio Mark Scott Jennifer MacCormack 1 Bayfront Park Management Trust Meeting 07/26/04 Minutes MILDRED AND C L A U❑ E PEPPER BAYFRONT PARK Bayfront Park Management Trust ***********MINUTES*********** Monday, July 26, 2004 301 N. Biscayne Blvd. Commissioner Sanchez chaired the meeting. The Bayfront Park Management Trust meeting began at 12:31 p.m. with the Pledge of Allegiance and a roll call of those present. 1. DISCUSSION OF TRUST FINANCES 1. June Financial Report Daniel Iturralde presented the financial report for June 2004 and year to date. Discussion on page 26 of the financial report ensued. Commissioner Sanchez explained to the Trust that Assistant City Attorney, Erica Wright, was re- assigned to the CRA Department and Assistant City Attorney, James Villacorta is now the Trust's attorney. In light of this change, Commissioner Sanchez requested the arrearage report be deferred until the next meeting, once that item is reached on the agenda. Elena V. Carpenter requested the Trust be updated at a future meeting on the utilization of the $500,000.00 City Grant issued by the Trust in October of 2003. A motion to approve the June financials was made by Steven Alexander, seconded by Michael Barket and unanimously approved by the board. 2. 2004-05 Budget Approval Commissioner Sanchez stated pursuant to City Code, all budgets must be approved by the Trust prior to submission for City Commission approval. Commissioner Sanchez requested a motion approving the 2004-05 Bayfront Park Management Trust Budget. A motion approving the 2004-2005 budget was made by Steven Alexander, seconded by Elena V. Carpenter and unanimously approved by the board. Elena V. Carpenter requested further discussion on the Executive Director's salary. Discussion on the Executive Director's salary ensued. A motion to approve a salary increase to a total amount of$98,000.00 as projected in the 2004-2005 budget for the Executive Director was made by Elena V. Carpenter, seconded by Steven Alexander and unanimously approved by the board. Lawrence Terry suggested establishing a performance evaluation process for the Executive Director. Discussion on the Executive Director's salary ensued. A motion to amend the previous motion, approving a salary increase for the Executive Director in a total amount to not exceed $97,000.00 was made by Elena V. Carpenter, seconded by Steven Alexander and voted on as follows: 2 Bayfront Park Management Trust Meeting 07/26/04 Minutes Lawrence Terry YES Michael Barket NO Dr. Pierre YES Motion passed. Four (4) yeas to one (I) nay. 3. Arrearage/legal report, Erica N. Wright, Assistant City Attorney a) Cumulative Arrearage Report - Item deferred. b) Raceworks ticket surcharge settlement - Item deferred. 1i. APPROVAL ITEMS 1. Minutes from June 28 , 2004, BPMT meeting A motion to approve the June 28, 2004, minutes was made by Michael Barket, seconded by Dr. Pierre and unanimously approved by the board, 2. Consent Agenda 1. Reso. 04-032, Approve scissor lift purchase 2. Reso. 04-033, Approve rock garden construction proposal 3. Reso. 04-034, Approve statue refurbishing proposal 4. Reso. 04-035, Approve City of Miami Parks Dept. talent show expenses 5. Reso. 04-036, Approve Fountain Maintenance Bid A motion to approve the consent agenda was made by Steven Alexander, seconded by Dr. Pierre and unanimously approved by the board. Discussion on the Rock Garden and the fountain maintenance bid ensued. 3. Approval Agenda 1. Reso. 04-037, Ratify Amphitheater Truss System Expenses 2. Reso. 04-038, Approve Events Cleaning Bid 3. Reso. 04-039, Approve Miami Idol Expenses A motion to approve the approval agenda was made by Steven Alexander, seconded by Lawrence Terry and unanimously approved by the board. 111. GENERAL AGENDA ITEMS 1. Tethered Balloon Ride Committee, Elena V. Carpenter Elena V. Carpenter explained to the Trust the process taken by the Tethered Balloon Committee and presented the Committee's recommendation of Skylift Holding, LLC, as the first ranked firm, with the stipulation that should negotiations fail with the first ranked firm, the Trust negotiate with the second ranked firm. The ranking is as follows: 1) Skylift Holding, LLC 2) Miami Balloon Company Elena V. Carpenter stated that as Chairperson of the Tethered Balloon Committee, she submitted a letter of recommendation to the City Manager, which has been approved, and explained that this item will be placed on the September 9, 2004, Miami City Commission Agenda. A motion directing the Executive Director to initiate negotiations with Skylift Holding, LLC was made by Elena V. Carpenter, seconded by Steven Alexander and unanimously approved by the board. 2. Bert Newcomb Tree and Landscaping Service, Inc., proposal Tim Schmand stated that at the last board meeting the Trust directed him to negotiate with Leigh Livesay, President of Bert Newcomb Tree and Landscaping, for resolution regarding his settlernet agreement. Mr. Schmand explained that an agreement proposal was included in their board packet. 3 Bayfront Park Management Trust Meeting 07/26/04 Minutes A motion to accept the Executive Director's recommendation and to approve the Bert Newcomb settlement agreement was made by Steven Alexander, seconded by Lawrence Terry and unanimously approved by the board. 3. Casino Princesa update, Tim Schmand Tim Schmand explained to the Trust that the Casino Princesa gaming vessel is still in the process of transferring its ownership and explained that the current proprietors of the gaming vessel (Concord Gaming Corporation) have entered into a separate agreement with the future operators (Southeast Cruise Holdings, LLC) to provide management services. To that end, Mr. Schmand explained that one of the specific requirements of that agreement is for the future operators to settle the arrearage from the current operators with the Trust. Furthermore, Mr. Schmand stated, the future proprietors will provide the Trust with a three month cash deposit for the use agreement of the docking of the gaming vessel, acknowledging that on October 1st of 2004, an additional three (3) months use fee will be due. With that said, Mr. Schmand recommended accepting the agreement and recognized Mr. Jacques Teze of Vanquish Partners and Simon Ferro of Greenberg Traurig, P.A., representing Concord Gaming Corp., present to address the Trust. Mr. Jacques Teze stated that Southeast Cruise Holdings, LLC was providing the Trust with a check in the total amount of $517,387.27. Mr. Simon Ferro explained to the Trust the reason for the delay of the ownership transfer. A motion accepting the Executive Director's recommendation, subject to the clearing of the check accepted from Southeast Cruise Holdings, LLC, was made by Steven Alexander, seconded by Elena V. Carpenter and unanimously approved by the board. 4. BRV Proposal A motion to defer the BR V proposal until the next Trust meeting was made by Steven Alexander, seconded by Elena V. Carpenter and unanimously approved by the board. 5. DAK Security A motion to defer the DAK Security item until the next Trust meeting was made by Steven Alexander, seconded by Lawrence Terry and unanimously approved by the board. 6. External Auditing Committee Recommendation, Daniel lturralde Daniel Iturralde, speaking as Chairman of the External Auditing Committee (Committee), stated that a total of five proposals were received in response to RFLI # 03-04-115, External Auditing Services for the Bayfront Park Management Trust. Mr. Iturralde stated the Committee recommended Sharpton, Brunson & Company, P.A., as the first ranked firm, with the stipulation that should negotiations fail with the first ranked firm, the Trust negotiate with the second ranked firm. The ranking is as follows: 1) Sharpton, Brunson & Company, P.A. 2) Rachlin, Cohen & Holtz A motion accepting the External Auditing Committee's recommendation was made by Steven Alexander, seconded by Dr. Pierre and unanimously approve by the board. Commissioner Sanchez passed the gavel to Elena V. Carpenter. 4 Bayfront Park Management Trust Meeting 07/26/04 Minutes 7. Safe Neighborhood Bond, Tim Schmand Tim Schmand explained to the Trust that in 1999 the City of Miami provided the Bayfront Park Management Trust with a grant totaling $99,000.00, for lighting improvements to the park necessary for the Super Bowl Celebration. Mr. Schmand continued explaining that pursuant to meetings held with staff and Safe Neighborhood Bond members, an agreement was reached in which the final report for the Safe Neighborhood Bond Grant will be accepted using the Mildred & Claude Pepper Fountain Electric Re -pull as the approved scope of work. Mr. Schmand stated that pursuant to City Commission Resolution 99295, the total amount of $99,000.00, will be issued to the City of Miami. IV. DIRECTOR'S REPORT 1. Bicentennial Park Robert Weinreb provided the Trust with an update on Bicentennial Park. Items discussed: ➢ Seawall project on schedule. > Florida Inland Navigation District $1.55 million grant to assist with phase two of the seawall and western edge of FEC slip - pending response. > Upcoming meeting with Army Corp of Engineers, Florida Department of Environmental Protection and DERM to discuss phase 3 of seawall. 2. Americans for the Arts Emerging Leaders Program Tim Schmand explained that Carol Cutt, Bayfront Park's Marketing Director, is involved in a County wide effort to work with the Emerging Leaders Program and that staff would be providing lunch for meetings to be hosted in the Bayfront Park main office. 3. July 4th Celebration Update Tim Schmand touted the July Fourth Celebration as a success, further mentioning that final numbers would be forthcoming. 4. Salute to Florida Heroes update Tim Schmand stated that the Salute to Florida Heroes event was a successful show with ample media coverage and provided the Trust with the total budget for the event. 5. Liberty Column Repair update Tim Schmand stated that repairs to the Liberty Column are in process. 6. Pollstar Ranking Tim Schmand stated that out of the top 50 amphitheaters in North America, the Bayfront Park Management Trust Amphitheater was ranked number 21. A motion to adjourn the meeting was made by Michael Barket, seconded by Lawrence Terry and unanimously approved by the board. 5 Bayfront Park Management Trust Meeting 07/26/04 Minutes