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HomeMy WebLinkAboutSEOPW OMNI CRA 2004-11-15 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www. ci. miami. fl. us Verbatim Minutes Monday, November 15, 2004 5:00 PM ICE PALACE 59 Northwest 14th Street Miami, Florida 33136 www.ci.miami.fl.us/cra Community Redevelopment Agency Johnny L. Winton, Chairman Jeffery L. Allen, Vice Chairman Angel Gonzalez, Board Member Joe Sanchez, Board Member Tomas Regalado, Board Member ************************** CRA OFFICE ADDRESS: 49 NW 5th ST, SUITE 100, Miami, FL 33128 Phone: (305) 679-6800, Fax: (305) 679-6835 Community Redevelopment Agency Verbatim Minutes November 15, 2004 INVOCATION AND PLEDGE OF ALLEGIANCE Present: Board Member Gonzalez, Board Member Regalado, Vice Chairman Allen and Chairman Winton Absent: Board Member Sanchez On the 15th day of November, 2004, the Board of Directors of the Community Redevelopment Agency for the Southeast Overtown/Park West and Omni Districts of the City ofMiami met at the Ice Palace, 59 N. W. 14 Street, Miami, Florida. The meeting was called to order at 5:15 p.m. by Chairman Johnny Winton and was adjourned at 6:11 p.m. ALSO PRESENT: Frank Rollason, Executive Director, CRA, City ofMiami Jorge L. Fernandez, General Counsel, CRA James Villacorta, Assistant General Counsel, CRA William Bloom, Special Counsel, CRA Priscilla A. Thompson, City Clerk FINANCIALS 1 04-01074 CRA REPORT FINANCIAL SUMMARY THROUGH MONTH END OCTOBER 31, 2004, EXTERNAL AUDIT FINDINGS AND OTHER OBSERVATIONS. Financial Summary.pdf DISCUSSED Chairman Winton: Item Number 1. Are you going to give a -- it's been a while since I've been to a CRA (Community Redevelopment Agency) Board meeting. Do you give an actual report on the financials -- Frank Rollason (Executive Director, Community Redevelopment Agency): No. We have submitted the report to you in the agenda. If you have any questions or anything -- otherwise, we just move forward. Chairman Winton: I think that, given the history of the organization, particularly as it relates to financials, that it would be a good idea to have our CPA (Certified Public Accountant) here and allow that person five minutes, at the beginning of each meeting, to walk through the high points of the financial statement each month, and point out anything that they feel is important to point out, and then we can ask questions if we have questions, butt sure want to make sure that finances are real high on our list of issues that we're watching. Mr. Rollason: We can walk through it at this point. Chairman Winton: No, no, no. Mr. Rollason: If you just want to -- Chairman Winton: Next month. Mr. Rollason: -- start in December, we can do that and have that -- Chairman Winton: Start in December because he needs to get prepared for it, so -- Mr. Rollason: We can do that. City ofMiami Page 2 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 Chairman Winton: -- pick the high points. OK. Mr. Rollason: And, also, they're just wrapping up our external audit for this year and they'll be on the January agenda to make a presentation to you on that, our external auditors. Chairman Winton: Well, maybe we tie the two together and start this process in January. Mr. Rollason: OK. Chairman Winton: OK. Mr. Rollason: We can do that. Chairman Winton: Thank you. CONSULTANT REPORTS PERSONAL APPEARANCE RESOLUTIONS 2 04-00920 CRA RESOLUTION A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA "), WITH ATTACHMENT(S), ACCEPTING THE ATTACHED AMENDED 2004 SOUTHEAST OVERTOWN/PARK WEST ("SEOPW") REDEVELOPMENT PLAN (THE "AMENDED PLAN"), PREPARED BY DOVER, KOHL & PARTNERS; AND DIRECTING THE EXECUTIVE DIRECTOR TO TRANSMIT THE AMENDED PLAN AND CRA'S RECOMMENDATION FOR APPROVAL TO THE CITY OF MIAMI CITY MANAGER FOR REVIEW AND ANALYSIS, AND TO REQUEST SUBSEQUENT TRANSMITTAL TO THE MIAMI CITY COMMISSION AND MIAMI-DADE COUNTY COMMISSION FOR LEGISLATIVE ACTION. Cover memo.pdf Supporting documentation.pdf Legislation.pdf Motion by Board Member Gonzalez, seconded by Vice Chairman Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Board Member Gonzalez, Board Member Regalado, Vice Chairman Allen and Chairman Winton Absent: 1 - Board Member Sanchez CRA-R-04-0014 Chairman Winton: Item Number 2. Frank Rollason (Executive Director, Community Redevelopment Agency): Item Number 2 is the item of the Dover Kohl plan for the Southeast Overtown/Park West. This is the plan that has been before you several times now for public meetings. It has now gone -- with your approval, it went to the Planning Advisory Board. It was approved by the Planning Advisory Board. It went before the City Commission in October as a P&Z (Planning & Zoning) item; it was approved by that Commission. It now has to come back here for your approval. When that happens, it'll go back to the City for them to adopt the plan as a Commission, and then it will be forwarded to the City ofMiami Page 3 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 County to try to get it approved by the County Commission, so tonight is another -- one of the steps in the steps to get it forward to the County. Chairman Winton: I'm -- Vice Chairman Allen: All right. Chairman Winton: I'm sorry. Yes, sir. Vice Chairman Allen: No. Chairman Winton: I'm assuming that the entire plan has been presented to the full board in the past at some point. Mr. Rollason: Yes, sir, it has, on several occasions. Chairman Winton: And has Board Member Allen had an opportunity to review the plan with consultants? Mr. Rollason: I have not had the consultant meet with -- Dover Kohl did not meet with Mr. Allen -- with Commissioner Allen. Vice Chairman Allen: Right. Chairman Winton: Would you like to do that first or no? Vice Chairman Allen: No. My understanding is this has already been approved by Planning & Zoning. Chairman Winton: That's correct. Mr. Rollason: That is correct. Vice Chairman Allen: And (UNINTELLIGIBLE) -- and, of course, this is previously -- submitted to the previous board, correct? Mr. Rollason: Yes, sir. Vice Chairman Allen: Right. Mr. Rollason: That is correct. Vice Chairman Allen: So, yeah, I did -- Chairman Winton: OK. Vice Chairman Allen: -- thoroughly peruse it. Chairman Winton: Great. Vice Chairman Allen: Thank you. Chairman Winton: And so, you need a motion on approval of the Dover Kohl -- Mr. Rollason: That is correct. The resolution -- City ofMiami Page 4 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 Chairman Winton: -- plan for -- Mr. Rollason: That is correct, and so -- Chairman Winton: -- Park West? Mr. Rollason: -- that we can -- and the instructions, which are in the resolution, for me to forward it to the City, and we'll put it on the City agenda in January. Board Member Gonzalez: OK. Vice Chairman Allen: OK. Board Member Gonzalez: Mr. Chairman, I'm ready to move Item 2. Vice Chairman Allen: All right, and I'll second. Chairman Winton: We have a motion and a second. Do we have discussion? Being none, all in favor, "aye." The Board Members (Collectively): Aye. Chairman Winton: Like sign, opposed? The motion carries. 3 04-01072 CRA RESOLUTION A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA "), RATIFYING THE EXECUTIVE DIRECTOR'S EMERGENCY ISSUANCE OF CRA WORK ORDER NO. 04-52, IN THE AMOUNT OF $16,900, TO ALL DADE GENERAL WATERPROOFING, INC. FOR THE EMERGENCY REPLACEMENT OF THE ROOF OF THE BUILDING AT 1133 NORTHWEST 3 RD AVENUE, MIAMI, FLORIDA, IN WHICH THE JUST RIGHT BARBER SHOP IS LOCATED; FUNDS TO BE ALLOCATED FROM SEOPW TIF FUND, " CONSTRUCTION IN PROGRESS," ACCOUNT CODE NO. 689001.550108.6. 860. Cover memo.pdf Financial forms.pdf Supporting documentation.pdf Legislation.pdf Motion by Board Member Regalado, seconded by Board Member Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Board Member Gonzalez, Board Member Regalado, Vice Chairman Allen and Chairman Winton Absent: 1 - Board Member Sanchez CRA-R-04-0015 Chairman Winton: Number 2 -- 3. Frank Rollason (Executive Director, Community Redevelopment Agency): Item Number 3 is a ratification of my actions to put the roof on Just Right Barbershop just before the hurricane season, and we were pushing right up against -- there is part of the plan to redo the item. It was City ofMiami Page 5 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 done with bids and -- Chairman Winton: And completed? Mr. Rollason: -- it's been done. Completed. It's finished. Chairman Winton: Great. Vice Chairman Allen: Great. Chairman Winton: Need a motion. Board Member Regalado: Move it. Board Member Gonzalez: Second. Vice Chairman Allen: Mr. Chair -- Chairman Winton: We have a motion. Did hear a second? Board Member Gonzalez: Second. Chairman Winton: OK. Comment? No? Vice Chairman Allen: No. Chairman Winton: We have a motion and a second. Any further discussion? Being none, all in favor, "aye." The Board Members (Collectively): Aye. Chairman Winton: Like sign, opposed? The motion carries. 4 04-01184 CRA RESOLUTION A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY (" CRA") AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO GENERAL COUNSEL, WITH T. Y. LIN INTERNATIONAL/H.J. ROSS TO PROVIDE ENGINEERING SERVICES FOR AN ANALYSIS OF WATER SYSTEM UPGRADES IN THE CRA AREA IN CONJUNCTION WITH THE MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT AND THE CITY OF MIAMI DEPARTMENT OF PUBLIC WORKS, IN AN AMOUNT NOT TO EXCEED $15,000; FUNDS TO BE ALLOCATED FROM OMNI TIF FUND, "PROFESSIONAL SERVICES OTHER," ACCOUNT CODE NO. 686001.590320.6.270. Cover memo.pdf Financial forms.pdf Supporting doc's..pdf Legislation.pdf Motion by Vice Chairman Allen, seconded by Board Member Regalado, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 6 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 Votes: Ayes: 4 - Board Member Gonzalez, Board Member Regalado, Vice Chairman Allen and Chairman Winton Absent: 1 - Board Member Sanchez CRA-R-04-0016 Chairman Winton: Item Number 4. Frank Rollason (Executive Director, Community Redevelopment Agency): Item Number 4 is the authorization for me to enter into an agreement with TY Lin/H. J. Ross Engineering, for an amount not to exceed $15, 000, and that's to work on the project that we approved in the budget for upgrading the water mains in the Omni CRA (Community Redevelopment Agency), and this $ 15,000 agreement would allow for the scope of work to be developed of what has to be done, and they would be our interface on the engineering side with WASA (Water and Sewer Authority) to bring back to us the scope of work that would have to come back to you to approve to actually get into doing the work. Chairman Winton: Does the scope include -- does the scope itself include pricing? Mr. Rollason: For the project itself? Chairman Winton: Yes. Mr. Rollason: Chuck is here -- Chairman Winton: What does the scope do then? Mr. Rollason: Chuck. Chuck Deeb: Chuck Deeb, with TY Lin/H. J. Ross, consultants to CRA. Yeah, that includes it. We did some initial estimating before we met with WASA. This will further define the scope of work and will update that estimate. Chairman Winton: Great. And another question I have is, if the CRA spends the money to upgrade water and sewer, what happens with these exorbitant impact fees that WASA charges all the new businesses setting up in the City ofMiami? Mr. Rollason: Well, I think that would be a policy decision of the board. Our position has been that, by us doing this, it would help attract the developers to come without charging them the fee. WASA, on the other hand, would like us to continue to charge the fee and make some kind of split, or something of that -- and I'm saying -- Chairman Winton: Yeah. Mr. Rollason: -- that's not our intent. That's why we're doing it is -- Chairman Winton: A profit margin for WASA -- Mr. Rollason: Right. Chairman Winton: -- which makes no sense whatsoever. Mr. Rollason: Right. They're going to get paid as we -- if we put this in, there won't have to be that kind of a hit for those developers. Chairman Winton: Well -- and one -- it just seems to me that if the CRA is going to spend the City ofMiami Page 7 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 money for upgrades, which is the reason WASA charges an impact fee -- that's the whole logic behind an impact fee -- that we have to get an ironclad agreement with them that, within those -- Mr. Rollason: Great. Chairman Winton: -- boundaries, impact fees are gone. Mr. Rollason: That's correct. In fact, what they would say is, is that they would want us to charge the impact fee is what they're saying, and we're not into that, and the other thing is -- well, you know, I mean, you're right. If the water and sewer is done, then the only thing they would be paying is the connection fee to do the actual hookup. Chairman Winton: Commissioner Regalado -- Board Member Regalado: Just -- Commissioner Winton: -- or Board Member Regalado. Board Member Regalado: Just remember, WASA has a deficit of more than $30, 000, 000. They are after -- I have been getting, from the City, people that are doing just a -- Commissioner Winton: Nothing. Board Member Regalado: -- supermarket, nothing -- Chairman Winton: Right. Mr. Rollason: Right. Board Member Regalado: I mean -- Chairman Winton: A house. Board Member Regalado: -- $200, 000. There is this pizza place in Little Havana, $200, 000 in WASA fees. Chairman Winton: Outrageous. Board Member Regalado: I mean -- and what we're trying to do is to bring people here, and then they're going to double -charge these people. Mr. Rollason: No, you're right. Board Member Regalado: I mean, it's -- Mr. Rollason: You're right, and we have had those discussions with WASA, but we haven't put anything together in agreement, and we would do that before we enter -- given them the money to go forward with this project. Chairman Winton: Any other comments? Do we need a motion then? Mr. Rollason: Yes, sir. Board Member Regalado: I'll move it. City ofMiami Page 8 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 Board Member Gonzalez: Move. Vice Chairman Allen: I make a motion we adopt. Chairman Winton: Got a motion, second by Commissioner Regalado, or Board Member Regalado. Any further discussion on Item Number 4? If not, all in favor, "aye." The Board Members (Collectively): Aye. Chairman Winton: Like sign, opposed? The motion carries. 5 04-01187 CRA RESOLUTION A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCIES DIRECTING THE EXECUTIVE DIRECTOR TO CANCEL THE AGREEMENT WITH NOVA SOUTHEASTERN UNIVERSITY FOR THE "MIAMI AT MIDNIGHT" DEMONSTRATION PROJECT EFFECTIVE DECEMBER 31, 2004. Cover memo.pdf Legislation.pdf Motion by Board Member Gonzalez, seconded by Vice Chairman Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Board Member Gonzalez, Board Member Regalado, Vice Chairman Allen and Chairman Winton Absent: 1 - Board Member Sanchez CRA-R-04-0017 Chairman Winton: Next item. Frank Rollason (Executive Director, Community Redevelopment Agency): Number 5 is an item that we discussed at the last meeting, and we had direction to extend the contract with Nova University for an additional year, but after evaluating that and further meetings with Public Works and CIP (Capital Improvements Projects), there is still some apprehension on the part of the City's side that there's going to be some conflict, and being that -- on the revenue -seeking side -- and being that we want to work in concert with the City, and being that they have some other priorities that they have, it just doesn't make sense to be into that posture with them, so I think it would be good to continue this -- you know, to cancel the agreement to continue it through December so that we could get the final report and everything, and then pay for the work that Mr. Gustafson and Nova University has done, and then we'll have that completed report, and if the decision of the board is to go back to the trolley to interface with, you know, the City's trolley with our rail system, then we would have that report to go forward from. Chairman Winton: Which makes sense to me. Mr. Rollason: So the recommendation is to cancel the contract at this point. Chairman Winton: OK. Need a motion. Board Member Gonzalez: Move Item 5. Vice Chairman Allen: Second. Chairman Winton: Got a motion and a second. Discussion. City ofMiami Page 9 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 Board Member Regalado: Yes. Discussion. Chairman Winton: Yes, sir. Board Member Regalado: I remember the last time that you made a commitment that this will not compete with the City for funding at all. Tom Gustafson: That's correct. Board Member Regalado: Is that correct, Mr. Speaker? Chairman Winton: Need your -- need name and address, please. Mr. Gustafson: In the -- Chairman Winton: Tom, need your name and address on the record, please. Mr. Gustafson: My name is Tom Gustafson. I'm with Nova Southeastern University. We had put into the document the specific direction the Board gave us at the last meeting, but they're both transportation products, so to the extent that the City feels strongly that their streetcar system needs to proceed without any other project in the horizon that could possibly affect them, then the right decision is to, I think, let me finish through December -- was it? James Villacorta (Assistant General Counsel, CRA): Yes. Mr. Gustafson: I assume, through the month of December. Mr. Villacorta: Through December 31st. Yes. Mr. Rollason: Through the month, to December 31. Mr. Gustafson: I can tie up all the loose ends; hopefully, have a chance to debrief with staff because, quite frankly, at this point on, as much of the work that I can do, subject to the City saying, "We agree," is done. It's a question of this board to decide whether you like what you see and instruct staff to jointly pursue both, or simply continue with only the streetcar, and that's the decision the City has -- Chairman Winton: And by the way, just so we're clear on this because I've talked to staff probably half a dozen times about this, not just once. This isn't just about the streetcar. This is about transit, all kinds of issues, and City staffs working on a number of different angles and things that relate to transit for our City, and it isn't just about streetcar, and when you had two different forces landing in Washington, there was just too much opportunity to -- it's hard enough to get Washington to focus when you've got one voice. It's almost impossible to get them to focus when you've got two voices, and they're trying to figure out, well is this that, or is this that, and so, I completely concurred with staff and suggested that Frank bring this back to the Board. Board Member Regalado: We have three voices now because last week the City ofMiami Beach Commission approved a resolution to ask the County Commission to upgrade the Bay Link from Priority 2 to Priority 1. The MPO (Metropolitan Planning Organization) will be discussing that, so the -- what it means is that they will go to Washington to seek funding for 209 [sic] instead of 212 [sic] or 213 [sic], so there will be -- Chairman Winton: That's a good thing. City ofMiami Page 10 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 Board Member Regalado: -- three voices. Chairman Winton: Well, maybe there can be one voice. Board Member Regalado: Well, I mean, I'm just -- Mr. Gustafson: If there is one voice -- Chairman Winton: So that's interesting news. Mr. Gustafson: -- ifI might. It would be a great thing to get one voice. I'm hoping that the work product here that -- if you will look at, particularly from the standpoint of Overtown's interest, it ought to be incorporated with what the City's doing. It is not hard to do, and there ought to be one project that involves several components of all the projects, I would hope. Chairman Winton: Agreed. OK. We have a motion and second. Any further discussion? Being none, all in favor, "aye." The Board Members (Collectively): Aye. Chairman Winton: Like sign, opposed? The motion carries. Mr. Gustafson: Thank you. Thank you very much. Chairman Winton: Thank you. 6 04-01191 CRA RESOLUTION A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA "), AUTHORIZING THE EXECUTIVE DIRECTOR TO EXPEND UP TO $150, 000 WITH HOLLAND & KNIGHT, LLP, CRA SPECIAL COUNSEL, FOR LEGAL FEES AND COSTS IN CONNECTION WITH THE FOLLOWING LITIGATION: CITY OF MIAMI AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY V. POINCIANA VILLAGE OF MIAMI, LTD., CASE NO. 02-06846 CA (09); AND CITY OF MIAMI AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY V. SAWYER'S WALK, LP, CASE NO. 00-28860 CA (09); FUNDS TO BE ALLOCATED FROM SEOPW TIF FUND, "PROFESSIONAL SERVICES - LEGAL," ACCOUNT CODE NO. 689001.550108.6.250. Cover memo.pdf Financial Form.pdf Legislation.pdf Motion by Vice Chairman Allen, seconded by Board Member Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Board Member Gonzalez, Board Member Regalado, Vice Chairman Allen and Chairman Winton Absent: 1 - Board Member Sanchez CRA-R-04-0018 Chairman Winton: Next. City ofMiami Page 11 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 Frank Rollason (Executive Director, Community Redevelopment Agency): All right. The next three items, 6, 7, and 8 -- we'll take them one at a time -- deal with the ability or the authorization to be able to make payment to Holland & Knight for various issues. As you will recall in the past, we have been working off a letter that was issued by the previous City Attorney as an engagement letter to Holland & Knight. That is quite a few years old and, quite frankly, I don't think covers the intent or the amount of expenditures that we've been dealing with, specifically dealing with Crosswinds, et cetera, so what I've brought to you tonight is -- are three items to be able to actually authorize a limited amount, and if those amounts are exceeded, then to come back to this board, rather than just having it open-ended with making expenditures for legal expenses without you realizing that the pot is just growing and growing. We, right now, have expended -- which the CRA (Community Redevelopment Agency) has made the payments as best we can put together -- approximately $300, 000 dealing with the Crosswinds/Poinciana Village thing. I think part of that 300,000 -- and Bill Bloom is here. I'm holding about $55, 000 in invoices right now that I don't feel comfortable with making a payment without this authorization, so this 150 will get those paid and give us a $100,000 amount to be able -- as we continue to go forward with the negotiations, to be able to make payments to Holland & Knight, and once we hit that threshold, we would be forced to come back to you to get further authorization to go further, and that 150, we're strictly dealing with Poinciana Village, Sawyer's Walk and the Crosswinds settlement. Chairman Winton: But that's 150 out of 300. Mr. Rollason: No. That is above -- the 300, which may be really 250 because I'm holding 50 or 55, because Bill was giving me what's billed and not what's paid, and -- Vice Chairman Allen: Right. Mr. Rollason: -- so let's say it's 250 that have actually been paid; I'm holding 50, so that brings us to 300, and then that gives me another 100 out of this 150 to be able to expend on new invoices as we go forward with the further deliberations. Chairman Winton: I'm totally confused. James Villacorta (Assistant General Counsel, Community Redevelopment Agency): The 250 was paid in the past -- Mr. Rollason: Right. Mr. Villacorta: -- under the existing -- Mr. Rollason: Engagement letter. Mr. Rollason: -- authorization. Vice Chairman Allen: IfI may, Mr. Chairman. Chairman Winton: Please. Vice Chairman Allen: With respect to the previous letter -- engagement letter, did that stipulate a hourly rate, or a competitive hourly rate, or maybe Mr. Bloom can chime in on that? William Bloom (Special Counsel, Community Redevelopment Agency): Yes. As a matter of fact, it was a substantially -- City ofMiami Page 12 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 Vice Chairman Allen: Your microphone. Mr. Bloom: It was a substantially -- Chairman Winton: It's not on. Mr. Bloom: -- discounted rate, but there were specific billable hour rates for partners, for associates and paralegals. Vice Chairman Allen: So, is the rate still -- is it consistent with the previous engagement letter? Unidentified Speaker: Yes. Vice Chairman Allen: The rates are. Mr. Bloom: The other clarification I would like to make, in the past, there were resolutions passed with respect to the Sawyer's Walk and Poinciana litigation. The CRA Board had previously requested that the City pay half of the legal fees since the City was the entity that issued the RFP (Request for Proposals) that resulted in the litigation to begin with, and so you may wish to pass a resolution tonight recommending that the City Commission pay -- authorize the payment of half of these fees as an expense of the City for the same reason. Mr. Rollason: Listen, I think what makes sense is that I have bills and there's going to be other bills that are going to be incurred, as we got this on a very fast track to come before the Commission. It makes sense to me to pass this and then reconcile how we want to deal with who pays who back at the end. As we are -- as we settle the deal, and if we are paid whatever it is for the land, the Board can decide that we want to debit our expenses out of that, or half the expenses out of that, or something of that sort, but right now, we just need to keep going forward. Vice Chairman Allen: So, ifI may, Mr. Chairman. Chairman Winton: Yes, you may. Vice Chairman Allen: So your resolution is just to carve out $150, 000 at this point? Mr. Rollason: To authorize the 150,000 -- Vice Chairman Allen: That carve out -- yeah. Mr. Rollason: -- and then, at that point, we'd have to come back, and what I'm saying to you, out of that 150, I'm holding 50 in bills right now I have to pay so, really, you're giving me an additional $100, 000 to expend before we have to come back. Vice Chairman Allen: Great. Now, having said that, do you need to get further authorization to -- the 50,000 that you said you're holding in outstanding bills -- Mr. Rollason: That would be this authorization here. Vice Chairman Allen: Right. OK Mr. Rollason: When you give me that authorization, I'll pay 50 of it out of this. Board Member Gonzalez: Question. Chairman Winton: Yes. City ofMiami Page 13 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 Board Member Gonzalez: IfI understand correctly, we have already spent $300, 000 and, in addition, you're requesting now an additional $150, 000? Mr. Rollason: I think what it is, is that we've actually spent 250; I'm holding 50, which brings us to 3, and an additional 100, which will bring us to 4. I'm asking you for 150 here. I don't want - Chairman Winton: Is this only on Poinciana? Mr. Rollason: -- you to think that I've spent 300. I think I spent 250 and I'm holding 50. Vice Chairman Allen: Maybe we should try to quantify this, as well. Could you give the date -- time period this has been ongoing since, up to the current date? Mr. Bloom: I'm not good with dates, but this is probably two, two and a half years of legal work associated with the lawsuit first against Sawyer's Walk, then against Poinciana Village, and then the settlement negations with that, and then the negations of the proposed transaction with Crosswinds, which will resolve both litigation matters. Mr. Rollason: Right. Mr. Villacorta: The lawsuits were filed in 2000 and 2002. Vice Chairman Allen: All right. Chairman Winton: And does this go back that far? Mr. Bloom: Yes, it does. Mr. Rollason: Yes. Chairman Winton: This -- the math on this? Mr. Villacorta: The 250, yes -- Chairman Winton: OK. Mr. Villacorta: -- that billing started in 2000. Mr. Rollason: Right, right. It's not all Crosswinds. Chairman Winton: Well, I didn't -- Mr. Rollason: It's back from the very beginning. Chairman Winton: -- understand that. I kept trying to figure that out, so now I'm clear. Mr. Rollason: Right. OK. Chairman Winton: Now I'm clear. Mr. Bloom: Right. We ran a history on the matters from the inception of both matters -- Chairman Winton: OK. City ofMiami Page 14 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 Mr. Bloom: -- or all three matters. Chairman Winton: OK. I get it now, so we need a motion. Board Member Gonzalez: And I have an additional question. How much more do you think we're going to have to spend in addition to this 150? Mr. Bloom: Well, it depends really if the settlement that we're working on now is resolved and is passed by the City Commission and the CRA Board in December, the legal fees probably won't exceed another 25 or $30, 000. To the extent that the litigation doesn't -- isn't resolved with that -- and then it really goes into a full-blown litigation, it could be much more expensive. Board Member Gonzalez: Because let me tell you. One thing that really concerns me is that every time that we go -- that we get into these legal fights, you see money starting to climb, and climb, and climb, like it happened with the billboards; that every time that we had a City Commission, there was an authorization for another $450,000, another 100, 000, and one of the biggest problems that I realize that we have had at the CRA, especially in Overtown, is that, you know, all the money goes in consultants, attorneys and you don't see one house built. You don't see a new business opened; you don't see sidewalks; you don't see a street (APPLAUSE) Chairman Winton: Excuse me. We're not -- Board Member Gonzalez: -- you don't see -- everything -- Chairman Winton: Excuse me. This isn't -- Board Member Gonzalez: Excuse me. Chairman Winton: -- the Heat game. Board Member Gonzalez: Excuse me. Chairman Winton: Thank you. Board Member Gonzalez: Everything goes to, you know, these type of activities and nothing goes to the neighborhood, to improving the neighborhood and improving the area, so you know, I'm going to vote in favor of this this time, but let me tell you. Every time I see that we're dealing with this excessive amount of monies on -- and I'm going to say it again. It's not only on attorney's fees. I'm talking -- and I'm going to be very strict. The remaining of the time that we, as Commissioners, sit on the CRA Board, you're going to see me, that I'm going to be getting tougher, and tougher, and tougher on spending money on consultants, on architectural plans, on -- you know, on these type of-- I want to see results. I want to see physical results. I'm talking about one member, only one member on this -- Chairman Winton: I think you're talking about more than one. Board Member Gonzalez: -- board. Pardon me? Chairman Winton: I think you're talking about more than one member. Board Member Gonzalez: Right, but you know, I mean, enough is enough. Enough is more than enough because this same company has three items here on the agenda, OK. Three items. City ofMiami Page 15 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 Mr. Rollason: Well -- Chairman Winton: And -- Mr. Rollason: -- Commissioner -- Chairman Winton: Angel, the item that I deferred -- and it's only because I didn't have time --I had my schedule messed up, but the discussion item that I want to have here relates directly to that issue -- Board Member Gonzalez: Right. Chairman Winton: -- about identifying the kind of capital projects -- Vice Chairman Allen: Projects. Chairman Winton: -- that we can identify in the entire district that relate to streets and sidewalks, and lighting and landscaping -- Board Member Gonzalez: Exactly. Chairman Winton: -- and all that kind of stuff -- Board Member Gonzalez: Yeah. Chairman Winton: -- that helps -- Board Member Gonzalez: I mean, giving back to the community, you know. Chairman Winton: Yeah. Board Member Gonzalez: Giving back to the community, not just to a group of you know, the elite people. I mean -- Chairman Winton: And that'll be a major conversation item at the next CRA Board meeting. Board Member Gonzalez: You know, I'm -- Mr. Rollason: Commissioner, I agree, and that is why I didn't want to continue to work under the engagement letter. I wanted to stick limits right under your nose, and so, as Mr. Bloom is saying, if this thing goes to litigation, you're talking about a lot of money, not a little bit more money, but a lot of money -- Vice Chairman Allen: All right. Mr. Rollason: -- so they're not -- Chairman Winton: That's correct. Mr. Rollason: -- going to be able to get to that without coming back to you because, as Bill says, we're going to probably spend another 25 to 50 to close out if this thing goes well, and if not, we're going to have to come back and say the City's made a decision to go into litigation and this is what we're looking at in the way of money to do that. City ofMiami Page 16 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 Board Member Gonzalez: All right. Well, I just made my point so, you know. Chairman Winton: OK. Vice Chairman Allen: Mr. City Attorney. Chairman Winton: Yes, sir. Vice Chairman Allen: Mr. City Attorney. Chairman Winton: I'm sorry. Mr. City Attorney. Jorge L. Fernandez (General Counsel, Community Redevelopment Agency): Yes. Mr. Chairman, Commissioners, in the short time that I have been here, one of the things that I have taken note of and I'm actually quite alarmed about, is the City's and all the agencies of the City's excessive reliance on outside counsel, given the fact that you fully staff a law department to the extent that you do, and so, without going into any depth into that, I can tell you that any issue that comes in front of you, either as the CRA or as the City Commission, I very carefully look at. I am -- in the future, no item will come to you for outside counsel for any of the agencies or for the City Commission without my review and approval. These items, I have reviewed and I have approved, and I'm actually recommending to you, for the sake ofwhat I would call a transition into a system or into a process where our reliance on outside counsel, be it in litigation or being for general representation, which are the next two items you have in front of you, will be taken, so I am just piping in at this time to strike a consonant note with what the Commission is expressing, which is a concern about the expenditure of City's or CRA dollars for legal purposes when you do have a fully staffed legal department, and this is an item that we will certainly bring under control to your satisfaction in very short order, but these items come to you with my review and my recommendation because they're necessary at this time. Chairman Winton: All three of them? Mr. Fernandez: All three of them. Chairman Winton: Great. Thank you. Board Member Gonzalez: All right. Chairman Winton: OK. Did we have -- do we have a motion? Mr. Rollason: No. Vice Chairman Allen: No. Chairman Winton: Well, we need a motion. Vice Chairman Allen: Yes, but in drafting a motion, let me turn to Mr. Rollason again. Do we need to specify or to re -modify your resolution with respect to the carve outs of the 150,000; that 50,000 of that will be allocated for past expenses that have already been -- Mr. Rollason: Well -- Vice Chairman Allen: -- approved, or do we want to continue with this resolution as is? 150 because -- City ofMiami Page 17 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 Mr. Rollason: I would say to continue as is. The 50 is just because I started getting concerned about the amounts coming dealing with -- as Crosswinds cranked back up again, and all we were working under was that old engagement letter, so they're not like they're old, old. They've hit me in the last month; one of them was a due diligence search on the company, which, in itself was what, $12, 000 or something. Mr. Villacorta: It was $12, 000. Mr. Rollason: So I said, "You know what? It's time to bring this back to the board and have them take some action on it, " so I think, as it is, I'll pay the existing 50. They're not stale, and then we'll go forward with 100 left. Mr. Villacorta: And just to clarify, the existing engagement letter stays in place because it does have deeply discounted fees. Vice Chairman Allen: Fees. That's why -- right. Mr. Villacorta: This is just authorization to make payment under the terms of that agreement. Mr. Rollason: For those specific items, and then what this is telling me is that when we start to accumulate bills that are more than 150, I'm going to say no until we come back to the board. Vice Chairman Allen: Right. Mr. Rollason: Because we've said 150 on this, 50 on this and 25 on this. Vice Chairman Allen: OK. Mr. Chairman, particularly -- Mr. Rollason: Up to. Mr. Villacorta: Up to those amounts. Vice Chairman Allen: Right. Mr. Rollason: Right. Mr. Villacorta: We might not. Vice Chairman Allen: OK. Particularly in light of the advice from our City Attorney, I'll move to adopt this resolution. Board Member Gonzalez: Second. Chairman Winton: Got a motion and a second. Any further discussion? Being none, all in favor, "aye." The Board Members (Collectively): Aye. Chairman Winton: Like sign, opposed? The motion carries. 7 04-01272 CRA RESOLUTION A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA "), AUTHORIZING THE EXECUTIVE DIRECTOR TO EXPEND UP TO $50,000 WITH HOLLAND & KNIGHT, LLP, CRA SPECIAL COUNSEL, FOR LEGAL City ofMiami Page 18 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 FEES AND COSTS TO PROVIDE GENERAL LEGAL SERVICES TO THE CRA; FUNDS TO BE ALLOCATED FROM SEOPW TIF FUND, " PROFESSIONAL SERVICES - LEGAL," ACCOUNT CODE NO. 689001. 550108.6.250. Cover memo.pdf Financial form.pdf Legislation.pdf Motion by Vice Chairman Allen, seconded by Board Member Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Board Member Gonzalez, Board Member Regalado, Vice Chairman Allen and Chairman Winton Absent: 1 - Board Member Sanchez CRA-R-04-0019 Chairman Winton: Item 7. Frank Rollason (Executive Director, Community Redevelopment Agency): Item 7 is a -- again, with Holland & Knight. This is for $50, 000 not to exceed, and that is for general items that come up that the City Attorney or, you know, general counsel decides that we're going to go to outside counsel. I mean, all of these go -- Vice Chairman Allen: Right. Mr. Rollason: -- or you know, if the board decides to do that, too. Vice Chairman Allen: Right. James Villacorta (Assistant General Counsel, Community Redevelopment Agency): In the past, the board has asked for certain items to be assigned -- Mr. Rollason: To be outside. Mr. Villacorta: -- to outside counsel. Vice Chairman Allen: Right, and having said that, what's particularly cogent here relative to what the City Attorney says, it says specifically "general legal services," and I'm pretty sure City Attorney can opine on that. This is something clearly your office could handle. This isn't something unique or it needs to be outsourced, correct? Jorge L. Fernandez (General Counsel, Community Redevelopment Agency): In my opinion, I need to further reflect on that and, of course, I need to engage this board as it sits here today, but it is certainly my intent that, in the very near future, the CityAttorney's Office would be able to provide the full range of legal -- regular legal advice and representation that the CRA would need. This is, of course, not indicative of the quality or the consistency of the legal advice that Holland & Knight, in the past, has given, but you need to know -- or it needs to be recognized that, in the past, this board would decide on the selection and the use of outside counsel, irrespective of the CityAttorney's position in that regard, and what I'm asking you to consider in the future is that whenever this board or the City Commission would ever think of going to outside counsel, that you would only do so upon the recommendation of the City Attorney and not otherwise. Vice Chairman Allen: OK. City ofMiami Page 19 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 Mr. Rollason: What -- another thing I'd like to point out to you is that, within this 50, there are items that have a historical perspective that Holland & Knight has been involved in for a long period of time that we're looking to bring to closure. For instance, an item that's coming up tonight to discuss on Bayview Towers. Holland & Knight has been intimately involved with the first transaction and in putting this transaction together, so as the City Attorney is saying, it makes sense to, again, start to curtail these to what extent he feels is -- you know, the both of you feel is necessary, but still, we have some items that we're going to have to certainly pay bills and get completed, and as new one comes, they go to the City Attorney to decide whether he's going to handle it or it goes outside. Vice Chairman Allen: All right. Mr. Chairman, ifI may. That still leads us back to the original resolution before us. Notwithstanding our CityAttorney's advice that he has, to some extent, approved all three items, but is this one that perhaps could potentially be withdrawn based on the general legal services and the amount of up to $50, 000? Mr. Fernandez: No. I would recommend that you -- the Item Number 6, the item you just passed that's strictly dealing with the issue of litigation -- Vice Chairman Allen: Right. Mr. Fernandez: -- and I think that, frankly, the remaining $100, 000 that have been allocated for that, after payment of outstanding bills, would not be totally spent because we're looking at resolving that lawsuit without the need of incurring that additional cost. With regard to Number 7 and Number 8, I, frankly, would need the time to debrief the firm, Holland & Knight, and look at all pending issues where they may have, either by way of historical knowledge, or by way of expertise, hence, over what we would have presently, and I need some period of time to progressively preempt that field so that the health -- the legal health of this organization does not suffer because we are hell-bent on taking over totally the complete legal representation of the same, so we don't want to cut our nose in spite of our face. We want to do it prudently. We want to do it correctly, and certainly, Holland & Knight has served us very well in the past. William Bloom (Special Counsel, Community Redevelopment Agency): To clarify a little more, Commissioner, the day-to-day legal needs of the CRA are handled by the City Attorney's Office. You know, Jim Villacorta -- Chairman Winton: We can't hear you. Vice Chairman Allen: Could you speak up, counsel? Mr. Bloom: Yes. Chairman Winton: Get close to the microphone. Mr. Bloom: The day-to-day legal needs of the CRA are handled by the CityAttorney's Office. Jim Villacorta has been tasked full-time to meet the needs of the CRA, and it's more for selective legal work that Holland & Knight is involved, so the only reason miscellaneous is used in the resolution is that today the Executive Director can't identify specifically what tasks will be assigned to Holland & Knight, but the intention is not for us to do the routine tasks, but to be supplementing the CityAttorney's Office. Vice Chairman Allen: Yeah, see, that's my concern. When I see `general legal services, " that, to me, means pretty perfunctory matters that can be handled by the in-house attorney. Board Member Gonzalez: Right. City ofMiami Page 20 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 Vice Chairman Allen: And I can't speak for the other Commissioners, but I'm certainly concerned with all the professional fees -- monies that have been expended for professional services over the years. We've got to impose a new business judgment rule here that we're going to curtail that and put an end to that, so again, having said that, let me just turn to you, Mr. Bloom. What do you consider to be general legal services? I have some idea but what's your definition of general legal services? Mr. Villacorta: Commissioner, in the past, Holland & Knight has been requested by the board to do such things as negotiate an interlocal agreement with the City ofMiami, where since the CityAttorney's Office is also representing the City ofMiami, it didn't sit well to have the same attorneys on both sides, so we had Holland & Knight negotiate the interlocal cooperation agreement with the City ofMiami. We also had Holland & Knight perform a feasibility analysis -- site analysis on the relocation of the Marlins ballpark stadium, in which the CRA wanted to contribute to the City's effort, and that was a direction from the Board. Another item was Holland & Knight used their special expertise to try and create a sales tax increment district within the CRA, and though the resolution says `general legal services, " the CityAttorney's Office is performing that legal work, but since we couldn't identify the issues that would come up, that's how it was stated. Mr. Rollason: It was to mean generally, as opposed to that specific item that was in Number 6, but there are two items right now that we're dealing with, and I can see others coming. One is the Bayview Towers, which I mentioned. Another one is, is that we have a -- probably a change that has to come, or addition to the St. John settlement because of some land that was left out that, certainly, Holland & Knight needs to put that together for us. We're talking about probably having to do some amendments to the interlocal agreement because of the Children's Trust, and because of maybe the settlement with Poinciana Village and some things we're going to have to do there, and the board should be represented separately, maybe then by the City, but again, aside from the items that we know that are hanging, I put a little bit of cushion in here in the event that the Board or the City Attorney says, "Well, I think that's something that needs to go out." It's up to that amount, not that we will spend all that amount. Mr. Villacorta: Perhaps it should say "specialized legal services, " rather than general. Vice Chairman Allen: Yeah, as opposed to `general legal services." That's why I'm concerned with the language. Mr. Rollason: Well, we could accept that amendment, if you wanted to amend that. Vice Chairman Allen: Which specified services will be defined, right, pursuant to the -- Mr. Rollason: By the -- Vice Chairman Allen: -- augmentation of the engagement letter between counsel, Holland & Knight and CRA? Chairman Winton: Probably by directive from us because all of these things come before us -- Mr. Rollason: Right. Chairman Winton: -- before there's an action. Mr. Rollason: It'd either be the Board or the City Attorney would say this needs to go out because of a conflict. City ofMiami Page 21 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 Vice Chairman Allen: Right. Chairman Winton: Mr. City Attorney. Mr. Fernandez: Yeah. The amounts that you're authorizing right now clearly give authority, in the event that you approve Number 7 and Number 8, you give authority to the Executive Director that, upon receiving a bill from Holland & Knight, he would then have authority to pay from that, but you also need to understand that we carefully review all such bills, and that the Executive Director would not be cutting a check until we have -- Vice Chairman Allen: I see. Mr. Fernandez: -- signed off on the -- Unidentified Speaker: That is correct. Mr. Fernandez: -- sufficiency of those bills and the correctness of them, and what I'm sharing with you is the fact that I read your policy direction very clearly and it's consonant with mine also, with regard to where I want to take the CityAttorney's Office in representing the City and all the agencies, and so, with this amount, you will not see additional items coming in front of you asking for your discretion, or for your direction on what would be specialized services, so long as this amount suffices. Beyond these amounts, we would have to come back to you, and what I'm telling you is that, you know, my preference would be that we would not have to come back to you -- Vice Chairman Allen: I see. Mr. Fernandez: -- beyond these amounts that you're authorizing today. Vice Chairman Allen: Right. Because your office serves as a check and balance -- Mr. Fernandez: Correct. Vice Chairman Allen: -- which is great with respect -- Mr. Fernandez: Correct. Vice Chairman Allen: OK, so Mr. Chairman, I move that we adopt Number 7. Chairman Winton: Need a second. Board Member Gonzalez: Second. Chairman Winton: Got a motion and a second. We have further discussion? Board Member Regalado: Just a question. Chairman Winton: Yes, sir. Board Member Regalado: Just a question: So 7 and 8 is future for -- Mr. Rollason: Yes. Board Member Regalado: -- how many months, how many years? City ofMiami Page 22 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 Mr. Rollason: Well -- Board Member Regalado: We don't know. Chairman Winton: We don't know yet. Board Member Regalado: We don't know. Mr. Rollason: We don't know. We don't know. I know that there are some items that are ongoing right now that Holland & Knight has been -- Board Member Regalado: No, but this is specialized services. That's what Vice Chairman Allen Mr. Rollason: Specialized from the standpoint -- Vice Chairman Allen: No -- Mr. Rollason: -- that the City Attorney has said that's the coun -- that needs to be with outside counsel. Board Member Regalado: Exactly, but that -- Mr. Rollason: Right. Board Member Regalado: -- but I'm -- what I'm asking is, this is future and the City Attorney is also doing a study on whether we don't do this in the future, butt just want to understand what is the timetable for both, for you and for these litigations -- Vice Chairman Allen: Well -- Board Member Regalado: -- possible in the future? Vice Chairman Allen: Well, I think -- ifI may, Commissioner Regalado -- I believe, perhaps, we're talking about two separate issues. With respect to 7 and 8, my concern was the general legal services language, which of course, the City Attorney has opined on that they can offer those services. Although we have a small amount allocated for that, that's coming out of TIF ( Tax Increment Fund) funds. As you very well know, we need that TIF fund for capital improvements, stuff coming out of the ground, if you will. I think what -- if I'm not mistaken, I think what Commissioner Regalado would probably need to be -- his question would need to be answered in terms of the fact that 7 and 8 are not specific litigation matters. Mr. Bloom: They're not. Board Member Regalado: That's what I'm asking. Mr. Bloom: No. Vice Chairman Allen: Right. Board Member Regalado: Exactly. Chairman Winton: They're not. Vice Chairman Allen: Right. City ofMiami Page 23 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 Hr. Villacorta: Correct. Vice Chairman Allen: That's what needs to be answered, right, and could you opine? Go ahead Hr. Rollason: There are legal issues that need to be addressed, but they're not litigation issues. I mean, they are issues that outside counsel has either been involved in or the City Attorney may determine needs to be involved in going forward to the extent that we have funding available. Vice Chairman Allen: Right, so maybe you can further expound on that as an example, with respect -- since we're still on 7, but 8 is -- well, the general legal services again. Just give an example of what you consider, in furtherance of this, as general legal services; to look at documents and -- Hr. Villacorta: For instance, there was an addition to the CRA called the Grand Central addition. Vice Chairman Allen: OK. Hr. Villacorta: Holland & Knight worked on that. If we come up for a new bond issue, that bond -- or that transfer at that time, Grand Central loaned 1,000,000 -- or took a loan -- a note for 1, 700, 000. If we refinance or issue new bonds, we have to pay off that 1, 700, 000. Holland & Knight was involved in that, and that would be the kind of issue we would ask them to research their files and opine on. Chairman Winton: But you all aren't going to ask them to do that unless there's an action item here related to that specific item and included in -- as an example, there is now a request, or there's a thought, or someone's triggered the motion -- a process to at least consider reissuing those bonds, as an example. Hr. Villacorta: Correct. Chairman Winton: That's going to come before this board. Hr. Rollason: That's correct. Vice Chairman Allen: Right. Chairman Winton: There's going to be no action, so Holland & Knight isn't going to spend a dime on that. Vice Chairman Allen: Great. Chairman Winton: Nobody's going to spend another dime on that unless there's an action on this board. Hr. Rollason: Right. Chairman Winton: So this 50,000 and this 25,000 -- Vice Chairman Allen: Right. Chairman Winton: -- is going to be driven by some sort of board action before it gets spent, unless however, the 50 or the 25 is tied to the two or three specific examples that you gave City ofMiami Page 24 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 earlier that we may already be working on that the board's already authorized; is that not correct? Hr. Rollason: That is correct. For instance, Item Number 9, that we're going to take up tonight, if you take action on Item Number 9 tonight in the positive, then the City Attorney may determine that Holland & Knight should continue with that because they were the ones most knowledgeable involved with that when we did the first land transaction. Chairman Winton: But the City Attorney's going to come and it's the City Attorney's going to make that kind of recommendation. Hr. Rollason: That's correct. Chairman Winton: OK. Vice Chairman Allen: Right. Chairman Winton: So are we clear? Vice Chairman Allen: Yeah. Hr. Rollason: Well, I don't -- Chairman Winton: Are we clear? Hr. Villacorta: In the past, the City Attorney, when he felt it necessary, has assigned work to Holland & Knight. The Board has also assigned work directly to Holland & Knight. The City Attorney needed some flexibility -- for instance, in the case of the interlocal agreement, where the City was on both sides -- would be representing both sides of the interlocal, they would assign that to Holland & Knight, so I think the City Attorney -- Chairman Winton: But we ought to -- Hr. Villacorta: -- needs some discretion. Chairman Winton: We ought to know that. If the City Attorney determines that kind of action, why don't you just bring it back as an FYI (For Your Information) report item at the next -- Hr. Villacorta: Correct. Chairman Winton: -- board meeting so that we know about that. Hr. Villacorta: Yes. Hr. Rollason: We can do that. Chairman Winton: And we can frack all this stuff. Vice Chairman Allen: Right. Hr. Fernandez: What we're saying is that -- in fact, 7 and 8, you should look at that as specialized legal services on a retainer type of provision. Chairman Winton: Right. City ofMiami Page 25 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 Vice Chairman Allen: I agree. Mr. Fernandez: This amount that we will -- I gladly report to you on an ongoing basis, but that it would be at my discretion, with consultation with the Executive Director, of how -- Chairman Winton: Perfect. Mr. Fernandez: -- we should bring in Holland & Knight. Chairman Winton: And that makes sense. OK. Vice Chairman Allen: Right. Chairman Winton: Did we get a motion? Vice Chairman Allen: Well -- Chairman Winton: Did we have a motion and -- Mr. Fernandez: There is a motion. Mr. Rollason: I don't know if you're going to amend it or -- Vice Chairman Allen: IfI may, Mr. Chairman. Is it the -- based on what the City Attorney has just opined, do we need to modify this motion? Because it's not -- Chairman Winton: That it's for specialized -- Vice Chairman Allen: -- consistent with the language before us. Chairman Winton: Well, let -- Mr. City Attorney, do we need to modify this? Mr. Fernandez: Yeah. It's actually Item 7 and 8, although separate items -- Chairman Winton: Well, we're only voting on 7 right now. Mr. Fernandez: -- because they're two separate funds -- Vice Chairman Allen: Right. Mr. Fernandez: -- in fact, you can combine them into one motion, and one motion would be dispositive of both, and the general -- the Clerk wants you to take two votes, and you do as the Clerk asks us to do. Mr. Rollason: Right, because -- Mr. Fernandez: However, it's -- in essence, they're identical items, and it's really -- both of these amounts are to be viewed as retainer fees that you have authorized for the City Attorney not to exceed over the next several months, reporting to you, on a periodic basis, how they're being spent, on what assignments. Mr. Rollason: Also, let me point out that 7 -- Chairman Winton: Excuse me. Hold on. City ofMiami Page 26 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 Mr. Rollason: -- you're acting -- Chairman Winton: Madam Clerk, did you say we had a motion? Priscilla A. Thompson (City Clerk): Yes. That's -- Chairman Winton: So the maker of the motion needs to modify his motion to meet -- Vice Chairman Allen: Right. Chairman Winton: I'm sorry? Vice Chairman Allen: Who was the maker? Ms. Thompson: I'm sorry. According to my notes -- Vice Chairman Allen: Yes, 7. Ms. Thompson: -- you did make the modification regarding the type of services -- Vice Chairman Allen: Right. Ms. Thompson: -- when you made your motion -- Mr. Rollason: Specialized. Ms. Thompson: -- so we -- Chairman Winton: OK. Ms. Thompson: -- we're showing that as being modified. Mr. Fernandez: This is the second -- Vice Chairman Allen: Right. Mr. Fernandez: -- modification. Vice Chairman Allen: Second mod -- right. Ms. Thompson: OK. Mr. Rollason: What is the second mod -- Vice Chairman Allen: I was the maker, right? Mr. Rollason: I'm not clear now what the second modification is. Board Member Gonzalez: Yes, sir, you were. Chairman Winton: Yeah, what is the second modification? Mr. Fernandez: The second modification is a characterization of these -- Chairman Winton: As returning -- City ofMiami Page 27 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 Mr. Fernandez: -- 50 and $25, 000 -- Chairman Winton: Retainer fees. Mr. Fernandez: -- being deemed mostly as a retainer type offee that gives the City Attorney and the Executive Director the ability to spend it as we deem appropriate and necessary, only with a reporting provision to the CRA Board. Chairman Winton: So who's the maker of the motion? Ms. Thompson: The maker was Board Member Allen, seconded by Board Member Gonzalez. Chairman Winton: Maker of the motion, do you -- are you submitting a modified motion here? Vice Chairman Allen: Yes. I'll submit a modified motion to incorporate -- Chairman Winton: The CityAttorney's -- Vice Chairman Allen: -- let's see ifI can get it correctly -- incorporate what the City Attorney has just opined on. Now, Madam Clerk, do I need to rephrase that, or is it sufficient just to adopt what the City Attorney has stated? Ms. Thompson: As we've done in the past, what the City Attorney has stated is sufficient. Vice Chairman Allen: OK. Ms. Thompson: We incorporate that in the verbatim -- Vice Chairman Allen: Good. Ms. Thompson: -- minutes, and then the City Attorney or the attorney to the board will go ahead and modify the language of the legislation to show exactly what it is that you wanted to do. Mr. Fernandez: Of course. Vice Chairman Allen: OK, so I move to adopt the modifications made by the -- Chairman Winton: Maker (UNINTELLIGIBLE) -- Mr. Rollason: Excuse me. BoardMember Gonzalez: Second. Chairman Winton: OK. Mr. Rollason: Mr. Chairman, I got a question. I mean, using -- I'm sorry, but in using the word -- I'm not an attorney, but in using the word "retainer, " that, to me, means it's like I'm paying this money to somebody, is to what a retainer is. I thought -- Mr. Fernandez: No. Mr. Rollason: -- we'd be using this as determined that we need to put it out from our side, not that this money is sitting as a retainer with Holland & Knight for us to debit against. I don't know -- to me, retainer is -- City ofMiami Page 28 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 Chairman Winton: Well, you lawyers can -- you know, there's -- Mr. Fernandez: To the extent that, at this time, we're not able to specifically give you a breakdown of how every single penny of the $75, 000 would be spent -- Board Member Gonzalez: Is going to be spent. Mr. Fernandez: -- it's merely a characterization that gives the authority to the Executive Director and to the City Attorney not to exceed this amount on specialized legal issues -- Vice Chairman Allen: Correct. Mr. Fernandez: -- that need to be referred to Holland & Knight. Vice Chairman Allen: Correct. Chairman Winton: Anything else? OK. We have a motion and a second. Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed? The motion carries. 8 04-01273 CRA RESOLUTION A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY (" CRA") AUTHORIZING THE EXECUTIVE DIRECTOR TO EXPEND UP TO $25, 000 WITH HOLLAND & KNIGHT, LLP, CRA SPECIAL COUNSEL, FOR LEGAL FEES AND COSTS TO PROVIDE GENERAL LEGAL SERVICES TO THE CRA; FUNDS TO BE ALLOCATED FROM OMNI TIF FUND, "PROFESSIONAL SERVICES - LEGAL," ACCOUNT CODE NO. 686001.590320.6.250. Cover memo.pdf Financial form.pdf Legislation.pdf Votes: Motion by Vice Chairman Allen, seconded by Board Member Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Ayes: 4 - Board Member Gonzalez, Board Member Regalado, Vice Chairman Allen and Chairman Winton Absent: 1 - Board Member Sanchez CRA-R-04-0020 Chairman Winton: Number 8. Frank Rollason (Executive Director, Community Redevelopment Agency): Number 8 does the same thing for the Omni area, the reduced amount, because we spend most of the money in the -- Chairman Winton: And it's for 25,000 -- Mr. Rollason: -- Southeast -- Chairman Winton: -- instead of 50,000. We need a motion -- the modified motion. City ofMiami Page 29 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 Vice Chairman Allen: Right. Make a motion we adopt the CityAttorney's modified motion. Chairman Winton: Got a motion. Need a second. Board Member Gonzalez: Second. Chairman Winton: And a second. Discussion. Being none, all in favor, "aye." The Board Members (Collectively): Aye. Chairman Winton: Like sign, opposed? The motion carries. 9 04-01271 CRA RESOLUTION A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA ") DIRECTING THE EXECUTIVE DIRECTOR TO ISSUE NOTICE OF DISPOSITION AND REQUEST FOR PROPOSALS, IN ACCORDANCE WITH FLORIDA STATUTES SECTION 163.380, WITHIN THIRTY (30) DAYS FOR THE CRA PROPERTY IN OVERTOWN AT 800 NORTH MIAMI AVENUE, MIAMI-DADE COUNTY, FLORIDA (FOLIO # 01-0130-070-1010) WHICH DISPOSITION IS SUBJECT TO THAT CERTAIN SOUTHEAST OVERTOWN/ PARK WEST LEASE AND DEVELOPMENT AGREEMENT BY AND BETWEEN PARK WEST, LTD. AND THE CITY OF MIAMI DATED JUNE 15, 1988, AND FURTHER DIRECTING THE EXECUTIVE DIRECTOR TO REVIEW ALL PROPOSALS RECEIVED IN RESPONSE TO THE NOTICE AND REQUEST FOR PROPOSALS AND BRING A RECOMMENDATION TO THE BOARD OF DIRECTORS FOR ITS CONSIDERATION. Cover memo.pdf Supporting documentation.pdf Legislation.pdf Motion by Board Member Regalado, seconded by Vice Chairman Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Board Member Gonzalez, Board Member Regalado, Vice Chairman Allen and Chairman Winton Absent: 1 - Board Member Sanchez CRA-R-04-0021 Note for the Record: Board Member Regalado suggested that the Executive Director to meet with the City's Park Director and to explore the enhancement of Gibson Park using some of these funds for the enhancement of Gibson Park and if and when the CRA does acquire the funds, he can bring it back as one of the options to the Board; Vice Chairman Allen further suggested that the CRA should do a quantitative analysis as to any projected income coming from the potential conversion and sale of this property and further to do a prelimanary quatitative analysis to determine financial projects of what they can receive versus the yearly amounts that were previously in place. Chairman Winton: Number 9. Frank Rollason (Executive Director, Community Redevelopment Agency): Number 9. Number 9 is an item that we're bringing to you tonight requesting that you give the Executive Director -- give me the authorization to advertise this particular parcel under the requirements of Chapter City ofMiami Page 30 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 163, so that we may go forward in January with presenting to you whatever comes, as a way to dispose of this property. It does nothing as far as -- Chairman Winton: What is the property? Mr. Rollason: -- accepting the deal or whatever. This is strictly -- Chairman Winton: Would you put -- Mr. Rollason: -- allowing me to advertise for 30 days. Chairman Winton: Would you put on the record what the property is? Mr. Rollason: The property is the fee -simple underneath Bayview Towers, which is located on -- Chairman Winton: Adjacent to the Miami Arena. Mr. Rollason: Adjacent to the Miami Arena, next to Park Place. Chairman Winton: It has a long-term lease on it currently. William Bloom (Special Counsel, Community Redevelopment Agency): To further clarify, the property is subject to a 99-year lease, which has approximately 84 years remaining, which pays approximately $3, 500 a year in rent -- Chairman Winton: How much? Mr. Bloom: $3,500 -- Chairman Winton: $3,500 a year. Mr. Bloom: -- a year in rent to the CRA (Community Redevelopment Agency). Chairman Winton: And it's got 84 years remaining on it, approximately. Mr. Rollason: Yes. Mr. Bloom: That's correct. Chairman Winton: And so -- Mr. Rollason: We have received a offer on that land that we think should be considered, and as part of the process, we now need to put the land out for advertisement for any and all offers, and that's what we're asking, the right to advertise. Chairman Winton: And at the end of that period, are we obligated to accept any offer? We're not, are we? Vice Chairman Allen: Right. Mr. Rollason: No, sir. We have to evaluate them all, and we -- Vice Chairman Allen: Correct. Mr. Rollason: -- then bring it to you. City ofMiami Page 31 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 Chairman Winton: Bingo. James Villacorta (Assistant General Counsel, Community Redevelopment Agency): And the address is 800 North Miami Avenue. Chairman Winton: 800 North Miami Avenue. Vice Chairman Allen: And, again, this is for the conversion -- this is someone requesting a fee - simple interest, right? Mr. Rollason: That's correct. Vice Chairman Allen: Correct, OK Chairman Winton: That's correct. Vice Chairman Allen: Right. Chairman Winton: On a piece of land, again, that has an 84-year remaining -- Vice Chairman Allen: Right. Chairman Winton: -- term on a land lease that pays $3, 500 per year, so you capitalize that, it's worth, you know -- in today's low cap rate environment, maybe it's worth 60,000 a year -- I mean, 60,000 total. Need a motion and a second. Board Member Regalado: I'll move for discussion. Chairman Winton: Motion. Vice Chairman Allen: Second. Chairman Winton: Second. Board Member Regalado: Mr. Chairman. Chairman Winton: Discussion. Yes. Board Member Regalado: What -- Frank, what are the plans for the revenue that will generate - Chairman Winton: There are no plans for the revenue. Board Member Regalado: There are no plans for the revenue. Mr. Rollason: Right. Chairman Winton: Correct. Mr. Rollason: At this point, it would be the board's discretion. Chairman Winton: And that's up to us to determine at some future time, if we get the money. Board Member Regalado: Right. If we do get the money -- if we go ahead and sell the property. City ofMiami Page 32 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 Let me ask you, how much did the CRA spend in Margaret Pace Park? Mr. Rollason: Well, we funded money on that project -- Chairman Winton: Well, hold on. Hold on, but I don't -- we're not going to get into a discussion tonight about what we're going to do with the revenue because we don't have the revenue. Vice Chairman Allen: Right. Board Member Regalado: I understand. Chairman Winton: If we get the revenue, then we'll have a discussion about what we might want to do with the revenue, but it isn't going to be tonight's discussion. Board Member Regalado: My only -- Mr. Chairman, my only thought on this one is that, in order to expedite future plans, maybe the Executive Director should start meeting with the Parks Director to see the enhancement of Gibson Park, which is -- and the reason I'm saying this is because Charles Flowers, from the Overtown Advisory Board, had told me several times that one of the things that the people in this area wants is the enhancement of Gibson Park. In fact, you know, there are kids that have to go to Curtis to play, and we just need to think a little in advance on this matter and have the Executive Director -- you know, the vision. I understand that we don't have the money. I understand that, you know -- Chairman Winton: We haven't made the decision on what we're going to do -- Board Member Regalado: -- we don't have -- Chairman Winton: -- with it even. Board Member Regalado: Exactly. Chairman Winton: Never mind not having the money. Board Member Regalado: No, but exactly. What I'm saying is for the Executive Director to explore the enhancement -- using some of this money in the enhancing of Gibson Park, and when -- if and when we do have the money, he'll bring that as one of the options to the board. Chairman Winton: Well, what are the other options? Vice Chairman Allen: Well, ifI could just chime in. I guess what Commissioner Regalado is suggesting that somehow the CRA does a quantitative analysis as to any potential projected income coming from -- for potential sale of this prop -- of conversion and sell of this property, and it would be advisable, also, that the CRA do a preliminary quantitative analysis on this to determine, you know, projections as to what they could receive versus the year lease that was previously in place. Mr. Rollason: I think that we're in the midst of this now and frying to gather the information when we talk about the bond. I mean, there's really no difference in the project other than a funding source that -- what Commissioner Regalado was talking about. That could just as easily be a bond item that you could augment the City's -- if the City didn't have enough in the project, so, really, the flexibility of that cash in hand is a lot more to you if you wanted to buy land or do something of whatever sort, you'll have a lot of flexibility with this money as -- that you won't have with the capital money, so you need to sort of balance out and see what's the best kind of money to use. City ofMiami Page 33 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 DISCUSSION ITEMS 10 04-01189 Vice Chairman Allen: Yeah, and we could pledge that, as well, to -- Chairman Winton: Absolutely. Vice Chairman Allen: -- for bond purposes -- Chairman Winton: Right. Vice Chairman Allen: -- as well. Yeah. Chairman Winton: OK. Any further discussion on this item? Did we get -- Board Member Regalado: We have a motion. Chairman Winton: Any further discussion? Board Member Regalado: I have a motion. Chairman Winton: Yeah, and we have a second, the City Clerk just told me, so we have a motion and a second. Any further discussion? Being none, all in favor, "aye. The Board Members (Collectively): Aye. Chairman Winton: Like sign, opposed? Motion carries. Mr. Rollason: We anticipate that we would have that back to you at the January meeting. Chairman Winton: OK, great. Mr. Rollason: There won't be -- with the 30 days, we won't be able to make the December 13th meeting. You just -- you don't have the timeframe. CRA DISCUSSION DISCUSSION REGARDING ISSUANCE OF BONDS FROM CRA/ CITY OF MIAMI TO BOND OUT CAPITAL PROJECTS PLEDGING TIF. COVER MEMO.pdf DEFERRED A motion was made by Board Member Gonzalez, seconded by Board Member Regalado, and was passed unamimously, with Board Member Sanchez absent, to defer Item 10 to the CRA Board Meeting currently scheduled for December 13, 2004. Chairman Winton: And Item 10 was my item. I wanted to talk about some suggestions relative to the future, as it relates to CRA (Community Redevelopment Agency) monies and what we might do with them. However, I forgot -- I have a business conflict, so I need to move this meeting alogn very quickly, and I want to defer Item Number 10, and we can spend some time on it the next hearing. Frank Rollason (Executive Director, Community Redevelopment Agency): You want to bring that back in December -- Chairman Winton: Yes. City ofMiami Page 34 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 Mr. Rollason: -- the December meeting? Chairman Winton: Sure. Vice Chairman Allen: OK. Board Member Regalado: I'll move to defer. Board Member Gonzalez: Move to defer Item 10 -- Board Member Regalado: Second. Vice Chairman Allen: Second. That's with respect to the bond issue -- the discussion with respect to the bond, correct? Chairman Winton: Yes. Vice Chairman Allen: OK. Chairman Winton: Got a motion and a second. Any further discussion? Being none, all in favor, "aye." The Board Members (Collectively): Aye. Chairman Winton: Like sign, opposed? The motion carries. Mr. Rollason: Mr. Chairman, I've been advised by the sound people that we need to get a little closer to the mikes; they're not being able to pick it up. Commissioner Winton: How's this? Mr. Rollason: Much better. Vice Chairman Allen: OK. Chairman Winton: And -- Vice Chairman Allen: Do we need to restate the motion? Chairman Winton: No. Y'all got the motions, right? Priscilla A. Thompson (City Clerk): Yes. Chairman Winton: OK, fine. 11 04-01264 CRA DISCUSSION DISCUSSION ON WHETHER AUTHORIZATION SHOULD BE GRANTED BY THE CRA BOARD FOR GENERAL COUNSEL TO GO FORWARD WITH LEGAL ACTION WHICH MAY BE NECESSARY TO HAVE THE NEW BILLBOARD AT JACKSON SOUL FOOD RESTAURANT PARKING LOT REMOVED. City ofMiami Page 35 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 Cover memo.pdf Supporting documentation.pdf 04-01264-Submittal 1-Letter. pdf DEFERRED A motion was made by Board Member Gonzalez, seconded by Board Member Regalado, and was passed unamimously, with Vice Chairman Allen abstaining and Board Member Sanchez absent, to defer Item 11. Chairman Winton: Could we get the board members of the CRA (Community Redevelopment Agency) to come forward? Commissioners. We're past start time. Now, when we get two more we'll be ready to go. IfI could, I'd like to call to order the CRA Board meeting of November 15 th -- did you say? Vice Chairman Allen: That's correct, Mr. Chairman. Frank Rollason (Executive Director, Community Redevelopment Agency): Yes. Chairman Winton: -- 2004, and before we get started, Mr. Rollason, do you have any items that you want to defer? Mr. Rollason: Mr. Chairman, I think Item Number 11, dealing with the billboard, I'd like a chance to explore it a little further with Mr. Jackson over in J.E.J. Properties before we come back to the board and discuss it, and see if we can come to some kind of resolution without -- Chairman Winton: You need a motion? Board Member Gonzalez: Motion to defer Item 11. Chairman Winton: Need a second. Board Member Regalado: I'll second that, but -- Chairman Winton: Motion and second. Board Member Regalado: -- I have a question, Mr. Chairman. Chairman Winton: Discussion, yes. Board Member Regalado: Just -- I thought that this billboard was within -- Vice Chairman Allen: IfI -- I'm sorry. Board Member Regalado: -- the boundaries -- Vice Chairman Allen: I'm sorry, Commissioner. Respectfully, before we go into a discussion, I have to make it perfectly clear that, in this particular matter, I probably would have to recuse myself and that's largely because I served as the Special Master over the billboard matters some two years ago, so having said that, before any further discussion takes place, let me politely step outside. Board Member Regalado: No, no, no, no. Just -- don't do that. I'd rather, you know, don't say anything now and wait -- Chairman Winton: And we'll bring it back. City ofMiami Page 36 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 Board Member Regalado: -- for Frank -- Chairman Winton: OK. Board Member Regalado: -- to bring it back. Vice Chairman Allen: Also -- and let me turn to Mr. City Attorney -- am I also allowed to vote on a -- the -- I guess the motion is a deferral, correct? James Villacorta (Assistant General Counsel, CRA): Correct. Vice Chairman Allen: I was advised, I believe -- Chairman Winton: Can he vote on deferral? Mr. Villacorta: Well, out of an abundance of caution, if you want to refrain -- Vice Chairman Allen: Yeah. Chairman Winton: Don't vote. Mr. Villacorta: -- from doing that, yeah. Chairman Winton: Right. Vice Chairman Allen: OK. Chairman Winton: I'll let you step away. We have a motion and a second. Any further discussion? Being none, all in favor, "aye." The Board Members (Collectively): Aye. Chairman Winton: Like sign, opposed? The motion carries. Chairman Winton: Yes, sir. Board Member Gonzalez: Motion to adjourn. Chairman Winton: Hold on. I'm going to see what's this -- Board Member Gonzalez: Oh, sorry. Mr. Rollason: Reverend Ross. Reverend Dr. Ralph M. Ross: Mr. Chairman, I would like to have a word regarding -- Priscilla A. Thompson (City Clerk): I'm sorry. I'm sorry. I need a name -- Chairman Winton: Yeah. Need your name and address, please. Reverend Dr. Ross: I'm Reverend Dr. Ralph M. Ross, pastor of the Historic Mount Zion Missionary Baptist Church, Overtown, next to Jackson Soul Food Restaurant, and even though you have postponed this issue, I would like to make a statement, ifI may. Chairman Winton: Which issue? City ofMiami Page 37 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 Reverend Dr. Ross: The thing -- Vice Chairman Allen: Mr. Chairman. Are you going to be chiming in on the -- Reverend Dr. Ross: -- regarding the sign. Vice Chairman Allen: -- billboard? OK. Having said that, respectfully, I've got to recuse myself. You -- I don't know if you were here earlier, but I served as the Special Master on all the billboard cases several years ago -- a couple years ago, so to -- for me to hear any discussion regarding this will, perhaps, be a conflict of interest, so if you could wait, let me just -- Reverend Dr. Ross: Oh, is that the reason? Vice Chairman Allen: -- stand aside, OK? Reverend Dr. Ross: Well, may I put a letter in your hand that I -- Chairman Winton: Sure. Reverend Dr. Ross: Thank you. Chairman Winton: Absolutely, and we'll -- Why don't you give it to -- Reverend Dr. Ross: Because I -- Chairman Winton: Reverend, give it to the Clerk, and she'll distribute it to all of us. Reverend Dr. Ross: All right. Thank you. Chairman Winton: Because we'd like that. Mr. Rollason: Reverend Ross, is that the same letter that you had sent to me? Reverend Dr. Ross: Yes. Mr. Rollason: Then it has been distributed to them. Reverend Dr. Ross: It's (UNINTELLIGIBLE). Mr. Rollason: That's fine. Chairman Winton: Well, you can redistribute it. Mr. Rollason: Give it again. Chairman Winton: Give it to the Clerk. Reverend Dr. Ross: My secretary took the first page because I did not put it on letterhead -- Chairman Winton: OK. Reverend Dr. Ross: -- and she retyped it -- Mr. Rollason: OK. City ofMiami Page 38 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 Reverend Dr. Ross: -- and there were a lot of typographical errors on that, after I saw your letter -- Chairman Winton: Perfect. Reverend Dr. Ross: -- sent back to me. Chairman Winton: We'll take it. You can give it to the Clerk. REPORTS 12 04-01076 CRA REPORT SUBMISSION OF PRINTED STATUS REPORT ON PENDING LEGAL AGREEMENTS (NO BOARD ACTION REQUIRED) Status report.pdf DISCUSSED Chairman Winton: Do we have any other business for the board? Vice Chairman Allen: I think there is. Frank Rollason (Executive Director, Community Redevelopment Agency): No. We had the -- Vice Chairman Allen: Mr. Chairman. Chairman Winton: What's that? Vice Chairman Allen: Oh, I'm sorry. Mr. Rollason: 10 and 11 were deferred, and 12 was just a submission -- Vice Chairman Allen: Right. What's 12? Mr. Rollason: -- of the pending legal agreements -- Chairman Winton: Oh, that's right. Vice Chairman Allen: Right. Mr. Rollason: -- unless you have any questions on that for counsel. Chairman Winton: By the way, I thought this report -- Pending Legal Agreements -- I thought this report was pending legal actions, ongoing legal actions that we were recording on -- this report in here is about contracts, and I don't think that's what I asked for. James Villacorta (Assistant General Counsel, Community Redevelopment Agency): It's always been a list of open contracts or items that were being worked on. Originally, it was something like seven pages long, and I can report that, on this one, the last four items have been closed out. Those contracts have been -- Chairman Winton: Outstanding. Mr. Villacorta: -- issued. City ofMiami Page 39 Printed on 12/20/2004 Community Redevelopment Agency Verbatim Minutes November 15, 2004 Chairman Winton: OK. Board Member Gonzalez: OK. NON -AGENDA ITEMS NA.1 04-01319 CRA DISCUSSION Chairman Winton expressed his gratitude on behalf of the CRA Board Members to Mr. Eugene Rodriguez of Big Time Studios for allowing the CRA Board to meet at the Ice Palace which is owned by Mr. Rodriguez. DISCUSSED Chairman Winton: And I think that I failed to recognize and thank Eugene Rodriguez, from Big Time Productions. Is he here? Where's Eugene? He was around. Frank Rollason (Executive Director, Community Redevelopment Agency): He has been here, in and out. There he is. Chairman Winton: In the back. Eugene, thank you very much for the hospitality tonight. It was very nice. This is a very, very interesting dais that we're sitting at tonight. Board Member Gonzalez: Yeah. Mr. Rollason: I think Eugene has -- Chairman Winton: And quite interesting lighting. Vice Chairman Allen: Yes. Chairman Winton: I feel like I'm back in the '20s, some way or another. Unidentified Speaker: Or on a movie set. Chairman Winton: Or on a movie set. Board Member Gonzalez: A movie set. Mr. Rollason: Lord of the Rings or something of that sort. Motion to adjourn November 15, 2004 CRA Meeting A motion was made by Board Member Gonzalez, seconded by Board Member Regalado, and was passed unanimously, with Board Member Sanchez absent, to adjourn today's Community Redevelopment Agency (CRA) Meeting. Chairman Winton: OK. Meeting's adjourned. Board Member Gonzalez: Motion to adjourn. Chairman Winton: Motion, second. All in favor, "aye." The Board Members (Collectively): Aye. Chairman Winton: Like sign, opposed? The motion carries. See you at the next CRA ( Community Redevelopment Agency) Board meeting. City ofMiami Page 40 Printed on 12/20/2004