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HomeMy WebLinkAboutSEOPW OMNI CRA 2004-12-13 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www. ci. miami. fl. us Verbatim Minutes Monday, December 13, 2004 5:00 PM Doubletree Grand Hotel 1717 North Bayshore Drive -Grand Room Miami, Florida 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 Regaledo, 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 December 13, 2004 INVOCATION AND PLEDGE OF ALLEGIANCE Present: Board Member Gonzalez, Board Member Sanchez, Board Member Regalado, Vice Chairman Allen and Chairman Winton On the 13th day of December, 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 Double Tree Grand Hotel, Miami, Florida. The meeting was called to order at 5:18 p.m. by Chairman Johnny Winton and was adjourned at 6: 36 p.m. ALSO PRESENT: FrankRollason, Executive Director, CRA, City ofMiami Jorge L. Fernandez, General Counsel, CRA James Villacorta, Assistant General Counsel, CRA Priscilla A. Thompson, City Clerk 1 04-01299 CRA REPORT FINANCIAL SUMMARY THROUGH MONTH END NOVEMBER 30, 2004, EXTERNAL AUDIT FINDINGS AND OTHER OBSERVATIONS. FINANCIAL SUMMARY.pdf DISCUSSED Chairman Winton: Good evening, ladies and gentlemen, and fellow board members. I'd like to call the CRA (Community Redevelopment Agency) Board meeting of Monday, December 13, '04 to order, and as our first order of business, I guess we have a financial summary. Are you going to give a report on this -- FrankRollason (Executive Director, Community Redevelopment Agency): No, sir. Chairman Winton: -- on the financial -- Mr. Rollason: That'll be at the -- Chairman Winton: -- information? Mr. Rollason: -- January when you -- Chairman Winton: Great. Mr. Rollason: -- wanted to start that. Chairman Winton: OK, perfect, so Item Number 2. Frank. Mr. Rollason: Yes, sir. Board Member Sanchez: What happened to Item Number 1? Chairman Winton: No. He said that we're going to do that on the -- he's going to do the whole summary on January. Mr. Rollason: Starting January, and we're also going to have the external auditor here to give the audit report from last year, too. Chairman Winton: Yeah. City ofMiami Page 2 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 Board Member Sanchez: All right. 2 04-01324 CRA RESOLUTION A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARKWEST COMMUNITY REDEVELOPMENT AGENCY ("CRA "), WITH ATTACHMENT(S), AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A GUARANTEED MAXIMUM PRICE AMENDMENT TO THE CONSTRUCTION MANAGER -AT -RISK CONTRACT WITH DESIGN -BUILD INTERAMERICAN, INC. ("DBI"), IN SUBSTANTIALLY THE ATTACHED FORM, IN AN AMOUNT NOT TO EXCEED $714,290.20, FOR RENOVATION AND EXPANSION OF JACKSON SOUL FOOD RESTAURANT; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO EXPEND FUNDS FOR DBI'S PRE -CONSTRUCTION SERVICES, IN AN AMOUNT NOT TO EXCEED $19,500, AND FOR OTHER REIMBURSABLE EXPENSES OF THE CONTRACTOR INCLUDING, BUT NOT LIMITED TO, PERMIT FEES, BONDS, INSURANCE, IMPACT FEES, AND CONTINGENCIES IN AN AMOUNT NOT TO EXCEED $46,209.80; FUNDS TO BE ALLOCATED FROM SEOPW TIF FUND, "CONSTRUCTION IN PROGRESS," ACCOUNT CODE NO. 689001. 550108.6.860. COVER MEMO.pdf FINANCIAL INFO. FORMS.pdf SUPPORTING DOCS..pdf LEGISLATION, ATACHMTS.pdf DISCUSSED Direction to the Executive Director of the CRA by Chairman Winton to meet with Reverend Dr. Ralph M. Ross to set up a meeting for a later date to discuss the plans for Jackson's Soul Food Restaurant and their impact on Mount Zion Missionary Baptist Church. A motion was made by Chairman Winton, seconded by Board Member Gonzalez, and was passed unanimously, with Vice Chairman Allen abstaining, to table discussion on Item 2 until such time as Jackson's Soul Food Restaurant and their attorney work out an appropriate agreement with the Community Redevelopment Agency (CRA) on the issue of the billboard. FrankRollason (Executive Director, Community Redevelopment Agency): Item Number 2 is a request to -- resolution to approve the guaranteed maximum price so we can go forward with the construction on Jackson Soul Food Restaurant. This GMP (Guaranteed Maximum Price) that we have before you, along with the other items that are there for preconstruction services for 19 5 and the contingencies of 46,209 for allowable expenses, such as permit fees, bonds, insurance, impact fees, et cetera, all of that is within the total approved budget for this project, so this one has come in within budget, and what I'm asking you for tonight is to approve these items so that can execute the GMP amendment agreement to the construction at -risk contract, which is in place and approved by the CRA (Community Redevelopment Agency) several years ago. Vice Chairman Allen: I make a motion we move the item. Commissioner Regalado: Second. Board Member Sanchez: Discussion. Chairman Winton: We have a motion and a second. Discussion. Board Member Sanchez: Discussion. Under the original budget for the CRA, wasn't it funded for $280, 000? City ofMiami Page 3 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 Mr. Rollason: That is correct. That was the original agreement that was CDBG (Community Development Block Grant) funds, and along with that, there was a grant from MM (Metro - Miami Action Plan) to pay for equipment. Board Member Sanchez: And does this include equipment such as freezers? Does this include ovens? Does this include furniture? Does this include those items? Mr. Rollason: This price that I'm bringing to you tonight? No, it does not. Board Member Sanchez: So you would be coming back? Mr. Rollason: No, it's -- he has -- in this particular case for Jackson Soul Food, the Mi1AP grant that he received, he purchased those items that he had to have. They're either in use now at the restaurant or they're in storage, and we have physically seen the ones that are in storage. Board Member Sanchez: And how did we come up to these numbers, which is $175.33 per square foot? Mr. Rollason: I've got with us ChuckDeeb from HJRoss, the engineers, and we also have representatives from the contractor here tonight that'll speak to that, so -- Board Member Sanchez: Well, I'd like to hear from them. Mr. Rollason: Chuck. ChuckDeeb: ChuckDeeb with TYLin/HJRoss. Frank is correct about the budget. The original numbers that we started with were somewhere around five and a half -- $550, 000. When we took over the plans that were previously drawn, if you remember, we had totally redesigned them; had to go back because the new building codes, and we've gone through the Building Department process. In that process, we've also worked with DBI as the CM at -risk contractor. They've been pricing it all along, and the budget has just grown from what we had initially -- Board Member Sanchez: Well -- Mr. Deeb: -- to what the new -- Board Member Sanchez: -- that's part of my concern is how much it's grown, andl know -- listen, I know that we're committed to doing this, but I'm just concerned as to the large increase from what was committed from the original budget to what it is now. Mr. Deeb: I think Pedro could give maybe -- Board Member Sanchez: Somebody better explain those numbers. Mr. Deeb: Pedro can explain -- Board Member Sanchez: You're talking about $177 per square foot. Pedro Ramos: Pedro Ramos with DBI, and Manny Leon with DBI. First of all, we're not sure where the 220,000 came from because that's something that goes -- predates our involvement in the project. Ever since we've began working on the project, it was more on the lines of the 550 or 600, 000. You know, this project is basically adding to the existing building and redoing the existing building in its entirety. We're not only remodeling, but we're also bringing it up to City ofMiami Page 4 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 Code, both structurally on the exterior -- there's new windows, new doors, reinforcing for the existing structure, brand-new roof air conditioning. Essentially, it's a brand-new building, with the exception of the very essence of the structure that is there today. Vice Chairman Allen: Are you adding capacity -- seating capacity, as well? Mr. Ramos: The seating capacity is increasing, as well. Manuel Leon: There -- we're redoing the -- there's a leased space adjacent to it, which we're going to convert into a private dining area, an area that they can use for private parties and also, overflow seating. Vice Chairman Allen: So this will enable the restaurant to function virtually breakfast, lunch and dinner? Mr. Ramos: That's correct. Mr. Leon: Correct. That's our understanding, that right now they're only serving breakfast and lunch, and after this remodeling, they'll be a full -service restaurant. Mr. Ramos: And this is a construction that's going to take -- it's going to be broken down into phases because the concern has always been that at no time is the business going to be shut down, so we've got right now three or four phases where we're going to be building the back, getting the kitchen ready, and then once that kitchen is ready, we're going to start working on the inside in phases so that the business can maintain its function and its operation throughout the construction process, so that also adds to the cost. Chairman Winton: Is there a security issue in this? Mr. Ramos: There's also security issue because of the history of some of the other projects in the area, we've added security cost to it to make sure that we can keep all of the materials on site and so on and so forth. Vice Chairman Allen: I see. Board Member Gonzalez: This business is operating as a restaurant now, right? Mr. Ramos: Yes. Board Member Gonzalez: And, as a resident, I'm sure that they already have a grease trap, or do you have to build a new grease trap? Mr. Ramos: No. There is a new -- Board Member Gonzalez: They do. Mr. Ramos: -- grease trap. There's a new hood. There's a new exhaust. Practically everything Board Member Sanchez: The -- Board Member Gonzalez: No, but I'm ask-- what I'm asking is there is, a grease trap there now, right? Mr. Ramos: It's -- it doesn't really qualify as a grease trap. It's a really small tank that overfills. City ofMiami Page 5 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 It's going to need a brand-new grease trap. Mr. Leon: Because of the new size of the kitchen -- Mr. Ramos: Yeah. Mr. Leon: -- and the new capacities that we're building into this project, it requires a state-of- the-art grease trap, you know, up-to-date, so the plans that HJRoss have done have come up to Code and we're meeting what the Code requires for this type of new restaurant. BoardMember Gonzalez: But let me tell you, a grease trap is a grease trap, andl know about restaurants. A grease trap is a grease trap. Either you have a grease trap or you don't have a grease trap. You don't have a halfway grease trap. The fire extinguisher system that you're supposed to have in a kitchen, I'm sure that they have that now, right, installed? Mr. Leon: It's very outdated, to say the least. Have you seen the kitchen facility at the restaurant? BoardMember Gonzalez: No, I haven't seen it. That's why I'm asking. Mr. Leon: It's a -- BoardMember Gonzalez: IfI would have seen it, I wouldn't ask. Mr. Leon: -- very, very minimal, at best, kitchen. What is being proposed is a state-of-the-art kitchen, the way a restaurant should have to properly serve all its clients. It's going to be a great facility once it's remodeled. Right now, it's just minimal. Board Member Gonzalez: I can imagine that it's going to be a great facility because costing almost $800, 000 or eight hundred and some thousand dollars, it must be, you know, a great, great facility. At least that's what I hope that we're going into. Mr. Leon: No, the GMP number is 680, not 800. Chairman Winton: And now -- and another -- I think the final -- at least my final point that I'd like to get on the record, this public funding is going to a for profit private entity, and in order to do that, there has to be a public purpose going back to the public. Would you all put on the record what the benefit to the community will be in significantly upgrading the facilities at Jackson Soul Food Restaurant? I mean, is there -- Frank may have to answer this question. BoardMember Gonzalez: Yeah. Chairman Winton: Frank -- BoardMember Gonzalez: I'm sorry. Chairman Winton: -- are there a certain number of -- typically, in these kind of deals, there's a certain number ofjobs that are created. That's almost always the quid pro quo in terms of public sector dollars going to the private sector, and what is the total number of new jobs that are going to be created out of this public investment? Mr. Rollason: Mr. Chairman, other than discussions with Mr. Jackson and with the former Chair that there were going to be additional jobs because of the opening at night and another shift and that sort of thing, there has never been a finite number put to that. There has been discussions from Mr. Jackson that they were going to hire -- and Shirlene Jackson -- that they City ofMiami Page 6 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 were going to hire additional people. Well, I mean, that's what I had anticipated, too, eight to ten, but I don't have a document that says I'm going to hire eight to ten people. Chairman Winton: Well, I think we ought to -- you know, let's get that document clear. I mean, that's the whole purpose. Mr. Rollason: Mr. Jackson is here. He can certainly speak to that. Commissioner Allen: Right. Chairman Winton: Mr. Jackson. BoardMember Gonzalez: Mr. Chairman. Chairman Winton: Hold on. Oh, I'm sorry. Yes, sir, Commissioner Regalado. BoardMember Regalado: No. Chairman Winton: Mr. Jackson, I'll be right with you. Board Member Regalado: I just want to say something and it's not related to the construction itself. It's just we've been dealing with this the last three years -- Mr. Rollason: Yes. Board Member Regalado: -- more or less, so -- and everybody in the community knows that this is a CRA project, so mistakes were made in the past, you know, and probably the cost now is different than before, but because this is a signature project of the CRA, we should get it over with and, you know, do it and have a state-of-the-art restaurant and -- Reverend Dr. Ralph M. Ross: Do I have the right to say something? Chairman Winton: Just -- no. As soon as we -- BoardMember Regalado: I -- Chairman Winton: -- get there, we'll certainly allow you. Board Member Regalado: So, Mr. Chairman, that's all wanted to say. I think it's -- this is a CRA commitment. This is this board commitment, whether it have been mistakes or cost overruns or whatever, but it's our project. It's this agency's project and I'm supporting it to finish the project as it's been described to us. Thank you. Vice Chairman Allen: Mr. Chairman. Chairman Winton: Yes. Vice Chairman Allen: HI may just quickly. Chairman Winton: Yes, sir. Commissioner Allen. Vice Chairman Allen: This question is directed to Frank. With respect to the overall plan for the CRA district, I would assume that this project would stimulate, presumably, further economic growth in the area. Is that part of the overall -- City ofMiami Page 7 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 Mr. Rollason: I think that was -- Vice Chairman Allen: -- plan and -- Mr. Rollason: -- some of the -- Vice Chairman Allen: -- would satisfy the public -- Mr. Rollason: -- thought process it went through originally. Vice Chairman Allen: -- purpose of the redevelopment, which is the basis of what the TIF (Tax Increment Fund) money is being used for? Mr. Rollason: Right. For some of the businesses that had been in business for a long time, to bring them up to Code; to bring them up to speed so that they could compete on an even level with other businesses that come and would not be falling behind from the very start. Vice Chairman Allen: Right. OK. Chairman Winton: Mr. Jackson, sir. Demas Jackson: Yeah. We are -- intend to hire more people, more jobs and we need the room and we want to support our community and we want to do the best that we can, and we are now lacking room to support our community, and we'd like the CRA to pass it. Chairman Winton: Well -- and from my point of view as the Chairman -- andl, too, have been dealing with this issue for the full length of time that, I guess, the three of us have been involved in it from day one, and two points: One, I think, Mr. Jackson, we need to get a real commitment relative to number of jobs so that we have that. I think it's very important. It is the key element to this whole thing, so I would hope that you and Frank can work that out in very, very short order here so that we can move forward and to Commissioner Regalado's point, yes, we have been working on this thing for three years. It's an embarrassment that we've been working on it for three years. It should never have taken three years, but that said, the fact of the matter is, there's a lot of things that has happened in this CRA, over the course of the past five years that I've been involved with it, that's embarrassed me about a lot of things, andl don't intend -- I'm going to ask all the questions I need to ask to make sure I'm comfortable that we have real public purpose relative to spending dollars as we move forward because I don't want to be in the newspaper, andl don't want to have -- I don't -- I'm not going to be associated with the process that this CRA has been run by for so many years, and so I'm not going to run the CRA the same way, and that's the only reason, Commissioner Regalado -- andl know where your heart is andl think all of our hearts are there, and I'm just saying thatl want to make sure that none of us ever end up with our names in the newspaper again, so Mr. Jackson, will you get with Frank? And you all need to work out an agreement relative to jobs and a commitment to jobs so that we can move this thing forward. Mr. Jackson: No problem. Chairman Winton: And -- yes, sir? Reverend Dr. Ross: I am -- Chairman Winton: Need your name and address for the record. Reverend Dr. Ross: I am Reverend Dr. Ralph M. Ross -- City ofMiami Page 8 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 Chairman Winton: Right. Reverend Dr. Ross: -- the pastor of the Historic Mount Zion Missionary Baptist Church, next to Jackson Soul Food, andl have a lot of negative feelings about this whole process, from the very beginning to this point. We were told by the CRA that communications would be ongoing between the Historic Mount Zion Missionary Baptist Church and Jackson Soul Food relative to any developments that will take place because we saw that those developments were having a deleterious effect on our church and our property, and we have not had any real cooperation, except when the -- a part of our parking lot was overtaken, and we were having a meeting with the former Chairman and he said, "Oh, by the way, we own a goodly portion of your parking lot, " andl was absolutely furious, and the reason why I was furious -- andl hope I can control myself. Mr. Jackson, please don't get too close to me right now. Well, I'm just saying, he's leaning on me. He's leaning on me. Chairman Winton: Reverend, reverend, reverend. Reverend Dr. Ross: Yes. Don't lean on me, please. Anyway, let me --I would like the Chair to give me permission to give you a little history. I have absolutely nothing against the development of Jackson Soul Food, and our church does not have anything against the development of Jackson Soul Food. We want the whole community to be developed, but we want to be involved in the development, and we want all of the development not only to just help Jackson Soul Food, but to help the whole community. That's where I'm coming from. Now, we had a very solid 15-apartment building sitting where the parking lot is now. I came here 14 years ago, went to the City Commission with one of our deceased members, who had a relationship with one of the Commissioners, and indicated that we had a goodly portion of seniors in our church, and we would like to take that facility and develop it into a senior citizen facility so that the members of our church could just walk from the church to the facility, and from the facility to the church. We were told by the CRA at that time -- I don't want to start calling any names because we always get in trouble with the names. We were told if we would do that and would identify 15 people, the CRA would upgrade that facility, bring it up to Code, put the elevators, et cetera, et cetera, et cetera and turn the management over to the church; that was the plan. You had this major administrative turnover in the City; some were fired, some left or resigned, and some went to jail. I had to talk about that, and then that died. At that time, the former chairperson was the chairman of the County Commission. When he became a member of this Commission, the City Commission, and the chairman of this CRA, I talked with him personally and told him what the plan was, and he said to me, "Pastor Ross, if the City promised you that building, it's yours," not talking about me personally, but talking about the church. I have no interest. I can take care of myself for the rest of my life. I'm concerned about our community. I was born in Overtown. I came back from a lot of experiences here to try to help to develop our church and our community, and so I was very excited about that. Not long thereafter, we heard about the Third Avenue Business Corridor, and the next thing we knew, parking lots were going up everywhere. Then the Commissioner came to me and said "Pastor Ross, I don't think that building will serve any purpose. It's full of asbestos." We had asbestos in our church. We had to remove the asbestos, so I wrote a letter. By the time I got the letter written, there was a big ball out there knocking the building down, and the next thing know, there was a parking lot there. Then after that, a part of our parking lot had been taken because it needed a grease trap. That was going to extend it, so then we saw the plans there. We got with Mr. Jackson and we tried to come up with a plan whereby we could work together and develop the whole area. I didn't hear anything else after that. Chairman Winton: When was that? Reverend Dr. Ross: About a year and a half ago or two. Chairman Winton: OK. City ofMiami Page 9 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 Reverend Dr. Ross: In the interim, a sign company came to us and said to us, Pastor Ross, we're interested in putting up a billboard sign near the expressway adjacent to the church. I said to them, you know, well, what's in it -- we going to have it -- I said, "As long as it's away from the church, I have no problem with it, but we'll be concerned about what kind of advertisement you're going to have on there because we don't want it to have a deleterious effect on our image as a church, or a Christian church, or a church of Jesus Christ." "Oh, we won't have that. If you all will give us the authorization to go down to the City Commission and try to get the Code changed, we will make a $500 contribution to your church, no strings attached, and the sign will be put up away from the church so that when the people traveling on I-95 travel, they will be able to see the sign." I said fine. Talked to our trustees, they said fine, and we agreed and they gave us the $500. About a year or so later, they came to us again and said, "It looks like we're going to get the Code changed, but now we need an update from the church to see that you have not changed your position." We said, "Fine. What's involved?" They told us to just, you know, do what we did before and they'll give us another $500. They gave us $500 and we authorized it. Then I was called in for a deposition. I sat with lawyers, I think. I'm not sure who they are. I sat with lawyers representing the City andl sat with lawyers representing the sign company. They asked me the reasons why I was willing to support this. I said, "Number one, they said it was going to be over near the expressway, away from our church. Number two, they said they would not have any signs on there that will impact negatively on the image of our church, and number three, they said that we would probably get somewhere between 30 and 50 -- $40, 000 a year." I said that's a win -win situation, so everybody agreed. Next thing know, what thought was a smokestack was going up behind our church. This can be verified by members of the CRA staff. I thought it was a smokestack, andl said, "What kind of incinerator are they about to put behind our church, and what kind of building are they going to put up that's going to require that kind of incinerator?" So I called -- and I'm not going to call anybody's name so I won't get them -- I called the CRA and said, "There's a smokestack going up behind our church," and the young lady who answered said, "You mean the sign post?" I said "Sign post? What do you mean?" I said, "It looks like a smokestack to me, " and so she said, "Well, the CRA has some problems with that, too, because there was no authorization." Next thing know, the sign is up there. I have problems with all of that stuff. We've been totally -- Chairman Winton: Is the sign on your church? Reverend Dr. Ross: No, it's not on the church. It's in the parking lot behind the church, but if you were to go to -- if you're traveling from south going north, it looks like it's coming out of the top of the church. Chairman Winton: So, Pastor -- Reverend Dr. Ross: But anyway, I'm only concerned with fairness. That's all I'm concerned. I don't think that we should have that kind of development going on behind us and we not know what's going on. Chairman Winton: Which -- now so -- I'm not clear here. Are you for or against the CRA participating in rebuilding this restaurant? Reverend Dr. Ross: I am for the CRA redeveloping Overtown and assisting this restaurant, but I would like to know what's going to be put there so that we can see how it's going to impact on our church. Chairman Winton: Perfect. Reverend Dr. Ross: That's all we've ever asked. City ofMiami Page 10 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 Chairman Winton: Perfect. Then I can solve that problem. Frank -- Mr. Rollason: Yes, sir. Chairman Winton: -- I want you to meet with the pastor today, if you're still here. If -- Pastor, if you're not here -- Reverend Dr. Ross: I'll stay until 11 o'clock. Chairman Winton: Fine, andl want a meeting set up between the two of you as fast as he -- as the pastor can set the meeting up, andl want the meeting set up tonight before the meeting's over, and Pastor, if you have to leave, he will call you in the morning, first thing. Reverend Dr. Ross: I won't leave. I'll sit. I was a member of the sitting movement. I'll just -- Chairman Winton: Thank you, sir. OK. Reverend Dr. Ross: Thank you. Thank you so much. BoardMember Gonzalez: But -- Chairman Winton: Now -- BoardMember Gonzalez: -- Pastor, sir. Board Member Sanchez: Pastor Ross. Board Member Gonzalez: But -- Reverend Dr. Ross: Yes. BoardMember Gonzalez: -- I'm kind of confused with, you know, the billboard issue. This company came to church and asked the blessing of church to erect this billboard -- Reverend Dr. Ross: Yes. Chairman Winton: On church property. Board Member Gonzalez: -- on the church -- on church property -- Reverend Dr. Ross: Church property, yes. BoardMember Gonzalez: -- and the church agreed. Reverend Dr. Ross: Yes. BoardMember Gonzalez: And they agreed to make a contribution of whatever -- Reverend Dr. Ross: Yes. BoardMember Gonzalez: -- thousands of dollars to the church. Reverend Dr. Ross: Yes. BoardMember Gonzalez: Once they got the blessing of the church, they went somewhere else -- City ofMiami Page 11 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 Reverend Dr. Ross: Apparently. Board Member Gonzalez: -- near the church -- Reverend Dr. Ross: Yes. Board Member Gonzalez: -- and erect this billboard? Reverend Dr. Ross: Right behind the church, where they said they would not put it. Board Member Gonzalez: And they're not making any contribution to the church? Reverend Dr. Ross: No. It's on Jackson -- Chairman Winton: It didn't go on the church property. Reverend Dr. Ross: -- Soul Food's property. Chairman Winton: It went on Jackson Soul Food property. Board Member Sanchez: Mr. Chairman. Vice Chairman Allen: Commissioner -- Chairman Winton: Yes, sir. Vice Chairman Allen: -- I think the City Attorney wants to say something. James Villacorta (Assistant General Counsel, Community Redevelopment Agency): It's two different companies, as well. Two different -- Chairman Winton: City -- Mr. -- Mr. Villacorta: -- billboard companies. Chairman Winton: I'm sorry? Mr. Villacorta: It's two different billboard companies. The reverend was dealing with Viacom, which is part of National Advertising, and Clear Channel erected the sign on the other lot, which the CRA has a deed restriction preventing that sign, and at the last meeting, we were instructed to negotiate with Clear Channel and see what solution could be -- Board Member Sanchez: Could -- Chairman Winton: Negotiated? Mr. Villacorta: -- arrived at -- Board Member Sanchez: Couldl be -- Mr. Villacorta: -- or to speak with Clear Channel and see what solutions could be arrived at. Board Member Regalado: What is to negotiate? What is to negotiate? City ofMiami Page 12 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 Chairman Winton: If it's deed restricted how do you -- what's there to negotiate? Mr. Villacorta: Well, we came to the board and asked -- Vice Chairman Allen: Mr. Chairman, wait -- Mr. Villacorta: -- for permission -- Chairman Winton: I'll be right there. Hold on. Mr. Villacorta: -- to bring a lawsuit -- Vice Chairman Allen: Wait. Do I have to recuse myself -- Chairman Winton: Oh, I'm sorry. I'm sorry. Vice Chairman Allen: -- Mr. City Attorney, because, you know, you may recall, I sat as a Special Master on all of these billboard cases and those names are popping up as the potential defendants, so do I -- Jorge L. Fernandez (City Attorney): Yes. Vice Chairman Allen: -- have to recuse myself? Mr. Fernandez: We have looked into that -- Vice Chairman Allen: If they discuss -- Mr. Fernandez: -- issue and in order to avoid even the appearance of impropriety, it would be appropriate for you, if you chose to -- Vice Chairman Allen: Right. Mr. Fernandez: -- recuse yourself from any discussion -- Vice Chairman Allen: Only as to the discussion on these -- Mr. Fernandez: -- with regard to the signs. Chairman Winton: Only billboards. Vice Chairman Allen: Right, right. Chairman Winton: As soon as billboards -- Vice Chairman Allen: Exactly. Commissioner Winton: -- stop, I'll -- we'll get you back in here. Vice Chairman Allen: OK. Chairman Winton: Yes, Commissioner -- or Board Member Sanchez. Board Member Sanchez: Mr. Chairman, I think Pastor Ross is focused on that billboard, and it is my understanding -- and, counsel, you need to shine some light on this issue -- there is a deed City ofMiami Page 13 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 restriction on that property where you couldn't put a billboard andl think you need to make us aware of that because you're basically putting us in a very awkward situation here where we're about to hand over a business "X" amount of dollars, which we are committed to, but there is a violation of that deed restriction. I mean, this is -- this has the Miami Herald all over it, and we need to put all these things on the table here because, you know, I can't continue to come to these meetings and be fed little pieces of information, and then we put them all together here. The concern here is that the billboard that is up right now is in the property of Jackson Soul Food, which has a deed restriction where no billboards could be put. Mr. Villacorta: The deed restriction limited use of the lot solely to parking, but it's a different company from the company that owns Jackson Soul Food. It was sold to JEJ Properties. Board Member Sanchez: So the parking -- Chairman Winton: What? Board Member Sanchez: Wait, wait, wait. Chairman Winton: So what did you just say? Board Member Sanchez: That's new to me. What -- I thought the -- I thought that piece of property belonged to Jackson Soul Food. Mr. Rollason: Well, we commonly call it Jackson Soul Food -- Board Member Sanchez: Oh, no. Frank -- Mr. Rollason: -- but when you get -- Board Member Sanchez: Frank -- Mr. Rollason: -- it's -- no, no. Chairman Winton: Well, didn't we sell it to Jackson Soul Food? Board Member Sanchez: Exactly. Mr. Villacorta: Yes. Board Member Sanchez: I'm under the impression that we sold it to Jackson Soul Food. They're the owners of that parking lot. Mr. Villacorta: The companies share common ownership, but it's a separate company. Board Member Sanchez: Whoa. Forget it. Chairman Winton: You've got to be kidding me. Board Member Gonzalez: Whoa, wait a minute. Board Member Sanchez: Forget it, pal. I'm not voting on this. Board Member Gonzalez: You see -- Mr. Chairman. Chairman Winton: Yes. City ofMiami Page 14 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 Board Member Gonzalez: OK. Let me tell you, I do have a serious problem with this issue of the billboard and the church. Chairman Winton: And the parking lot. BoardMember Gonzalez: And the parking lot because if these people -- Chairman Winton: The parking lot -- BoardMember Gonzalez: -- went to church and they asked the blessing of the church to erect a billboard there -- Chairman Winton: It's a different company, though. Board Member Gonzalez: -- they gave it to them -- BoardMember Regalado: But it's a different company. BoardMember Gonzalez: Well, whichever company it is -- Chairman Winton: Different company. BoardMember Gonzalez: -- you know, but now we're -- Chairman Winton: Only one -- BoardMember Gonzalez: -- talking about -- Chairman Winton: Only one went to them. BoardMember Gonzalez: Right, one went to them, and then they went to the City to procure the permit, and then they told them that -- they go back to church to get a second -- or a second letter of approval. They got their letter. They went back to the City. Where does that stand? Where -- have you heard -- have you ever heard back from those people? Reverend Dr. Ross: We haven't heard anything. Board Member Gonzalez: OK. Reverend Dr. Ross: That's why I -- BoardMember Gonzalez: You know -- Reverend Dr. Ross: -- presumed that it was the same -- may I make a statement -- Chairman Winton: No, hold on, hold on. Reverend Dr. Ross: -- and I'll sit down. Chairman Winton: Reverend. Reverend Dr. Ross: May I ask a question? Just at the point at what he's talking. My understanding -- I mean, different company notwithstanding -- my understanding was, the concern was to get the Code changed so that a sign could be put there. Whether it was the same City ofMiami Page 15 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 company or another company, still we were worked in the interest of that company, if there was another company involved. Board Member Gonzalez: But now, instead, a sign has been placed in a lot that supposedly have a deed restriction, right? Chairman Winton: Yes. Mr. Villacorta: Yes. Board Member Gonzalez: And now you're saying that the property doesn't belong to Soul Food, belong to someone else. You know, let me tell you, let me tell you. My position is exactly the same position of the Chairman: I don't want to see my name on the newspapers because of something that I didn't think had anything to do with, OK. I don't want to be embarrassed. My position is exactly the position of the Chairman of the CRA. I don't need that. Mr. Rollason: May I just speak for a moment? Chairman Winton: Well, hold on. Mr. Rollason: OK. Chairman Winton: Commissioner Regalado. Board Member Regalado: I just have one question, maybe for the City Attorney or Frank, or anybody, somebody who can answer: Is the billboard illegal? Mr. Villacorta: It's not in violation of the law. It's in violation of a private deed restriction between the CRA and the owners ofJEJProperties. Board Member Regalado: OK. Then -- Mr. Villacorta: We came to you -- Board Member Regalado: -- as far -- Mr. Villacorta: -- at the last meeting and asked -- Board Member Regalado: Well -- Mr. Villacorta: -- whether we should enforce that restriction. The -- Board Member Regalado: And we said yes. Mr. Villacorta: -- Board said please speak with Clear Channel before we do something -- Board Member Regalado: Right. Mr. Villacorta: -- and let's see what can be accomplished. Board Member Regalado: But my question is, for all our purposes, in terms of the CRA, it's illegal? Mr. Villacorta: Yes. City ofMiami Page 16 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 Board Member Regalado: From the CRA purposes. Forget about the Code and billboards everywhere. From the CRA purpose, it's illegal. Mr. Villacorta: It is in violation of our deed restriction -- Board Member Regalado: So -- Mr. Villacorta: -- and we can bring an action to -- Board Member Regalado: -- we could have that removed, and if we have that removed -- Chairman Winton: I think he's not saying that. Mr. Villacorta: Yes, we could bring an action, as a private party, and have that billboard removed -- Board Member Regalado: If we remove that -- Mr. Villacorta: -- because it's in violation. Board Member Regalado: -- it's the end of the problem. Chairman Winton: Right. Mr. Villacorta: Yes. Board Member Gonzalez: Because, you know, the pastor, Mr. Chairman, just said something that is something that we have been talking about, you know, in our meetings at the CRA. We need to see some redevelopment of Overtown, and when we're talking about redevelopment, we need to exactly look at that -- the pastor was talking about, you know, a building for affordable - - affordable building for low-income families, for people of church. We need housing. We need - - you know, those are the type of things that we need to see moving, andl don't know what the problem is, but it's not happening, it hasn't happened, andl don't know how long it's going to take before it starts to happen. I don't know if it takes a miracle. If it does, you know, when I go to church on Sunday, I'm going to start praying for that miracle. Mr. Rollason: Let -- can I -- Chairman Winton: Yes, Frank. Mr. Rollason: -- respond for a moment? First, I'd like to say I think Shakespeare was right. We need to go back to the very beginning so that you understand what has happened here. The process that the property went through to -- which ultimately conveyed it to Jackson Soul Food/ JEJProperties -- JEJEnterprises, JEJProperties -- Mr. Villacorta: Properties. Mr. Rollason: -- which is Jackson Soul Food, it's the corporate name of what it is. It's -- the name of the restaurant is Jackson Soul Food Restaurant. Chairman Winton: Owned by? Mr. Rollason: JEJProperties. Mr. Villacorta: No. It's owned by Shirlene Ingraham. City ofMiami Page 17 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 Mr. Rollason: Shirlene Ingraham. When -- Chairman Winton: Well, so don't get the facts wrong -- Mr. Rollason: When the bids -- Chairman Winton: -- Mr. Rollason. Mr. Rollason: Yes, sir. When the -- Chairman Winton: And you just put something on the record. Is -- Mr. Rollason: All right, sir. Chairman Winton: -- what you just put on the record factual? Mr. City Attorney, who owns Jackson Soul Food Restaurant -- Mr. Villacorta: Shirlene Ingraham. Chairman Winton: -- and who -- excuse me -- and who owns the parking lot? Mr. Villacorta: JEJProperties and -- Chairman Winton: No, no. Do them in order so we can understand. Mr. Villacorta: Jackson Soul Food and the property it is on is owned by Shirlene Ingraham. Chairman Winton: So it's the same ownership for both? Mr. Villacorta: No. The parking lot is owned by a company called JEJ Properties. They bid on it when the CRA put it out for bid, and they were the successful bidder, and it was awarded to them. Mr. Rollason: But the principals of both -- Chairman Winton: Except, however, we were told -- and you just go back and pull the public record, our record -- we were told it was bought by Jackson Soul Food Restaurant. Board Member Regalado: That's true. I remember. Mr. Villacorta: I believe Shirlene Ingraham is the principal in JEJProperties, but -- Chairman Winton: OK, so -- Mr. Villacorta: -- technically, it's two separate companies. Chairman Winton: -- is there an issue -- we have -- I want to understand the leverage we have because what has happened here is wrong. One, we've got a clear deed restriction, and that deed restriction needs to be enforced, and there's two parties that can enforce, I would guess, us and the party that negotiated the deal with the sign company, or just us. Who has leverage? Mr. Villacorta: We would enforce the deed restriction. It's our restriction. Chairman Winton: OK, not -- and the entity that signed the agreement in violation of our deed City ofMiami Page 18 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 restriction, what's the penalty to them? Mr. Villacorta: They would be estoppedfrom enforcing it, if we did not enforce it against them. Chairman Winton: OK, so I think the only thing we're getting at here as a group, we've made a commitment to do certain things to Jackson Soul Food Restaurant. We want to fulfill that commitment, but there's a couple of things we want to make sure we get. One is the public purpose, which is jobs that Mr. Jackson said he's going to work with Frank on and get the jobs commitment in writing so we're clear on that. The only other thing standing in the way of this, it seems to me, is this whole issue over the billboard and who owns what here, and so I -- what I think my colleagues are saying is that we're prepared to move forward but if there's additional leverage here that we need to apply to any of the parties relative to Jackson Soul Food Restaurant and that parking lot to make sure that the billboard that's unlawfully placed on that deed restricted site is removed, we want to apply that leverage. If there is no leverage, then tell us that so we can move forward. If there is leverage, then I think we want to apply that. Mr. Villacorta: We could go to court -- Chairman Winton: And I'll come to you in one second. Mr. Villacorta: -- and enforce the deed restriction and force that billboard to come down. Board Member Regalado: Yeah. Chairman Winton: OK. Mr. Jackson, yes, sir. Mr. Jackson: I'd like to say thatl am innocent and Jackson Soul Food's ready. The billboard just started and we haven't did anything about Jackson Soul Food, and I'd like to know tonight that -- about Jackson Soul Food -- we want to get it planned and we want to get it done. I've been waiting four years -- almost four years now -- Chairman Winton: We understand that clearly. Mr. Jackson: -- and nothing happened, and I'd like to see something happen. Chairman Winton: Well, I don't know if you understand what I'm saying, but please be crystal clear on this. Mr. Jackson: Yes. Chairman Winton: I am saying clearly that there is a billboard that's been put on property controlled by you, or your family or some entity tied to it that is there illegally. We want it removed, and so the only thing I'm saying and asking our City Attorney is whether or not we have any -- whether you have any leverage with the sign company that we can apply to you, then I wanted to do that. The City Attorney has said there is none; that all the leverage is with us, and we're going to enforce our deed restriction by taking whatever action we have to take against the sign company to get them to remove that billboard Is that not correct, Mr. City Attorney? Mr. Villacorta: We have not -- Mr. Fernandez: Yes. Mr. Villacorta: -- seen the agreement between Jackson Soul Food and Clear Channel to know what leverage they may or may not have. City ofMiami Page 19 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 Board Member Sanchez: Why not? Have you requested it? Mr. Villacorta: No, we have not. Board Member Regalado: But it doesn't matter. It's illegal. Mr. Villacorta: It's improper. Board Member Regalado: It doesn't matter what they did. It's illegal and we can enforce -- Mr. Villacorta: Right. Board Member Regalado: -- it. That's all we are saying. I mean, I -- Chairman Winton: I have a suggestion. Board Member Regalado: You know, I would subscribe word -by -word of what the Chairman of the CRA just said. I want to vote for this but I want the billboard removed. That's all. Chairman Winton: Mr. City Attorney. Mr. Fernandez: Yeah. We need to understand that the remedy, when we go into court and ask for that deed restriction to be enforced, is getting that entire parcel of land back into the CRA, which means that the original intent of this board giving them that piece of land for parking will then extinguish itself, and then you will end up with the CRA having that property and them, not only not having the billboard, but also not having parking. Unless this board then chooses -- Chairman Winton: We can always -- Mr. Fernandez: -- to turn around and again -- Chairman Winton: A subsequent action. Mr. Fernandez: -- reissue. Board Member Gonzalez: We can always do that. Chairman Winton: Absolutely. Mr. Fernandez: And you can always do that. Chairman Winton: And -- Mr. Fernandez: But you need to understand the consequences of -- Chairman Winton: I thought that would be right -- Mr. Fernandez: OK. Board Member Gonzalez: Perfect. Chairman Winton: -- and I'm glad you put that on the record. That's what I've been searching for all along -- City ofMiami Page 20 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 Board Member Gonzalez: Perfect. Chairman Winton: -- andl understand clearly, and that's exactly what should happen. Paul McKenna: May I be heard? I'm the attorney for the Jackson family. Chairman Winton: Absolutely. Mr. McKenna: First -- Chairman Winton: Name and address, please, for the record. Mr. McKenna: Paul McKenna. My address is 200 South Biscayne Boulevard, Miami, Florida, and first I want to say that we disagree with anyone's view here that there is a deed restriction that prohibits this billboard. Chairman Winton: Well, we have a huge problem then. Mr. McKenna: Well, we're going to have -- Chairman Winton: You just started off on the wrong foot, so -- Mr. McKenna: Let me just -- Chairman Winton: -- if we have disagreement there, then we're going to have disagreement on doing this work. Board Member Gonzalez: Talk to our attorney. Chairman Winton: Trust me. Mr. McKenna: We think we can work it out, but first of all, let's not forget that the City granted a permit for the building. Chairman Winton: I don't care if the City improperly issued a permit. This is the CRA; it isn't the City, and it's CRA property that has -- CRA that has the deed restriction on there, sir. Mr. McKenna: We may have a disagreement as to what that restriction is, andl think that we can work that difference out -- Chairman Winton: OK. Here's -- Mr. McKenna: -- and if we can't work that difference out -- Chairman Winton: -- the deal. I have a recommendation. My recommendation is that we table this issue until such time as Jackson Soul Food and their attorney works out an appropriate agreement with the CRA on this issue. Board Member Gonzalez: Second the motion. Board Member Sanchez: There's a motion and a second. Chairman Winton: I can't make -- oh, you -- yeah. Board Member Sanchez: Yeah. There's a motion and a second on the motion. Open for City ofMiami Page 21 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 discussion from the board. Hearing none, all in favor, say "aye. The Board Members (Collectively): Aye. Board Member Sanchez: Anyone in opposition -- Mr. McKenna: Commissioner -- Board Member Sanchez: -- having the same right, say "nay." Chairman Winton: Nay. Board Member Gonzalez: Nay. Chairman Winton: I mean -- no, I'm sorry. What'd you say? Board Member Sanchez: Could we get the Commissioner to come in? Mr. Villacorta: Whether the other Commissioner wanted to come in -- Chairman Winton: OK. Mr. Rollason: And vote on -- Mr. Villacorta: -- on this item -- Mr. Rollason: And vote on that item. Mr. Villacorta: -- as opposed to the signs. Board Member Sanchez: As to the item? The item has been tabled. Chairman Winton: Well, no, but we said we'd bring -- so -- Mr. Rollason: Right. Chairman Winton: -- let me bring him up-to-date in case -- let me tell you what -- Vice Chairman Allen: Yes, sir. Chairman Winton: What can I fill him in, though, on? Mr. Villacorta: That you want to table the item. Chairman Winton: Butl got to tell him why -- Board Member Sanchez: Not really. Chairman Winton: -- and it deals with billboards. How do I deal with this? Mr. Fernandez: That's fine. Just the item has been tabled. It's a matter of public -- Board Member Gonzalez: Right. Mr. Fernandez: -- record, which can come to his knowledge, and actually, the CRA Board has City ofMiami Page 22 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 given both the Jackson Food and the church an opportunity to meet with the executive and the attorneys for the CRA to discuss a possible solution to this problem. Absent -- and understood, Mr. Chairman, part of your motion to be that absent an agreement between the parties, then that we should proceed in court. Vice Chairman Allen: OK, so the motion on the floor is to table it. If that's the case, I would oppose that motion. Chairman Winton: Well, should we bring it back up so he can formally vote, which is the right thing because we said we would bring him back. I -- it's confusing to me how you bring him in or don't bring him in, given the whole discussion really revolves around billboard. It doesn't revolve around the other part. Vice Chairman Allen: Does it need my vote? Mr. Fernandez: It doesn't need his vote. Vice Chairman Allen: Right. Mr. Fernandez: This motion doesn't need his vote. Vice Chairman Allen: Right. That's my -- that's -- Mr. Fernandez: So the motion was properly -- Vice Chairman Allen: Yeah. Mr. Fernandez: -- made 4/0. Chairman Winton: OK. Board Member Sanchez: All right. Next item. Chairman Winton: Now -- hold on. Anything else, sir? Mr. McKenna: That's it. I just -- Board Member Sanchez: Thankyou. Mr. McKenna: -- wanted to say, on behalf of the family, how disappointed they are at how long this process has taken, and how deeply disappointed they are at the fact that -- Chairman Winton: Well, we're trusting that you will work out this issue relative to whether there's a disagreement or not on the deed restriction very quickly and we can bring this item back up in the next board meeting. Mr. McKenna: If the City Attorney will meet with us, we'll work -- Board Member Sanchez: Absolutely. Mr. McKenna: -- as hard as we can. Chairman Winton: OK. Board Member Sanchez: Thankyou. City ofMiami Page 23 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 Chairman Winton: Thank you. 3 04-01323 CRA RESOLUTION A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARKWEST COMMUNITY REDEVELOPMENT AGENCY ("CRA "), WITH ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE CONSTRUCTION BUDGET FOR THE RENOVATION OF JUST RIGHT BARBER SHOP, AT 1133 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA, IN THE AMOUNT OF $71,000; AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A GUARANTEED MAXIMUM PRICE AMENDMENT TO THE CONSTRUCTION MANAGER -AT -RISK CONTRACT WITH DESIGN -BUILD INTERAMERICAN, INC. ("DBI"), IN SUBSTANTIALLY THE ATTACHED FORM, IN AN AMOUNT NOT TO EXCEED $184,048.25, FOR THE RENOVATION OF JUST RIGHT BARBER SHOP; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO EXPEND BUDGETED FUNDS FOR: 1) DBI'S PRE -CONSTRUCTION SERVICES, IN AN AMOUNT NOT TO EXCEED $10,000; 2) FOR FURNITURE, FIXTURES, AND EQUIPMENT, IN AN AMOUNT NOT TO EXCEED $30,000; AND 3) FOR OTHER REIMBURSABLE EXPENSES OF THE CONTRACTOR, INCLUDING, BUT NOT LIMITED TO, PERMIT FEES, BONDS, INSURANCE, IMPACT FEES, AND CONTINGENCIES, IN AN AMOUNT NOT TO EXCEED $32,951.75; FUNDS TO BE ALLOCATED FROM SEOPW TIF FUND, "CONSTRUCTION IN PROGRESS," ACCOUNT CODE NO. 89001.550108.6.860. COVER MEMO.pdf FINANCIAL FORMS.pdf SUPPORTING DOCUMENTATION.pdf LEGISLATION AND ATTACHMTS..pdf Motion by Board Member Gonzalez, seconded by Board Member Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Board Member Gonzalez, Board Member Sanchez, Board Member Regalado, Vice Chairman Allen and Chairman Winton CRA-R-04-0025 Chairman Winton: Item Number 3. FrankRollason (Executive Director, Community Redevelopment Agency): Item Number 3. Item Number 3 is the GMP (Guaranteed Maximum Price) issue dealing with Just Right Barbershop, and in this particular issue, this again is getting your approval for me to enter into a GMP, a guaranteed maximum price, in the amount of 184, 048.25 for the construction portion of the project, and it also is to authorize an additional $71, 000 to the budget above what the approved budget was originally for issues where we have items that we have to add to the project which were not originally anticipated, and again, we have Chuck Deeb from HJRoss that can speak to those items. Board Member Gonzalez: I'll move Item 3. BoardMember Sanchez: Second for the purpose of discussion. Chairman Winton: Motion and second. Discussion. Yes, sir. BoardMember Sanchez: And once again, I got to ask these questions. They got to be put on the City ofMiami Page 24 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 record, and it's why we went from the CRA (Community Redevelopment Agency) funding of this by CDBG (Community Development Block Grant) from $90, 000 to $146, 488.25, coming up to $ 197.42 per square foot. I need an explanation as to why. Vice Chairman Allen: Right. Board Member Sanchez: I mean, if you could give me an explanation -- I just -- I feel that we need to put that on the record due to fiduciary responsibility that we have here. Vice Chairman Allen: Right. ChuckDeeb: Again, ChuckDeeb, with -- Vice Chairman Allen: And ifI may, you might want to try to quantin, it in a different fashion, as well. Mr. Deeb: OK. ChuckDeeb, TYLin/HJRoss. I can speak to the plans that we developed for the project, which were recently near 100 percent completion. We took to the City a dry run building permit process. There were a number of comments that came back, particularly relative to electrical work, wherein they wanted the entire systems upgraded, and if you recall originally, this was two -- it was one building, two tenants, two projects. The Two Guys -- the restaurant part dropped out. It became a single project for the barbershop, but within that being a single building, the entire roof had to be redone, exterior finishes, and now the electrical -- Chairman Winton: Is this a multistory building? Mr. Deeb: Multi, and there's also a -- Chairman Winton: Then you've got to be -- that's the point here. Mr. Deeb: Right. There are apartments -- Chairman Winton: You've got to be clear on -- Mr. Deeb: -- upstairs. There are multiple meters on the site, and the Building Department wanted the entire electrical system redone. Chairman Winton: And the entire electrical system. Just so we're clear here, let me help here. I asked him these questions before the meeting. This building isn't just two retail centers on the ground floor. There is residential above -- how many stories is this building? Mr. Rollason: Two. Mr. Deeb: Two stories. Chairman Winton: Two stories, so you got residential upstairs, so the entire electrical system for the entire building -- not just the one retail shop -- Vice Chairman Allen: Right. Chairman Winton: -- has to be upgraded, which added $70, 000 to the table. Vice Chairman Allen: Right. Chairman Winton: They had to do ADA (Americans with Disabilities Act). City ofMiami Page 25 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 Vice Chairman Allen: Right. Chairman Winton: Bring it up to compliance for ADA across-the-board; that's another big chunk of money, and the fact that -- and when they had to replace the whole roof not just a little retail portion, those are the component parts that added up to some significant increases for this particular facility, and the same question, though, is what are the number of jobs that we have committed -- Vice Chairman Allen: Correct. Chairman Winton: -- to adding for this -- Vice Chairman Allen: Right. Chairman Winton: -- redevelopment effort? Mr. Rollason: Mr. Williams is here. I know he's already got one barber that's hired that he's waiting for a chair for him to start -- Chairman Winton: Great. Mr. Rollason: -- to occupy, so he can speak to it. Willie Williams: Merry Christmas. Chairman Winton: Merry Christmas. Board Member Sanchez: Merry Christmas. Mr. Williams: I have -- after the completion of the renovation, we will have 16 job openings. Board Member Sanchez: Sixteen jobs? Mr. Williams: Sixteen. Vice Chairman Allen: That means you're creating additional spaces -- Mr. Williams: Right. Vice Chairman Allen: -- for each of the barbers. Mr. Williams: Right, right. Vice Chairman Allen: You want to quantify that -- Mr. Williams: Well, we're going to have -- Vice Chairman Allen: -- so explain it in that fashion. Mr. Williams: -- OK, we're going to have five barber -- I mean ten barbers -- Vice Chairman Allen: Great. Mr. Williams: -- because we only have two shifts, OK, and we have two maintenance because of City ofMiami Page 26 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 two shifts, as well. Manicurists, pedicure, shoe shine; we're going to have all of that and we need backup in case someone gets sick or whatsoever. Chairman Winton: Do we have this jobs thing in writing from you? Mr. Williams: I believe, Frank, did you -- Chairman Winton: Would you look in the file and see if you do? If you don't -- Mr. Rollason: I will do the same thing -- Chairman Winton: -- would you two get -- Mr. Williams, I want you two to get together andl want this jobs commitment that's a part of the commitment here, so we've got to work that detail out and make sure that's in there, which is the key purpose here, OK? Mr. Williams: OK. Chairman Winton: Thanks. Board Member Sanchez: Mr. Williams, were you able to obtain the MIi1AP (Metro Miami Action Plan) grant? Were you able to get -- I -- it's my understanding you had some problems with that. Mr. Williams: Yes. Not to the barbershop. No, I did not, so we had something for the beauty salon. The beauty salon was completed with the Mi1AP grant, but -- Board Member Sanchez: Which was 100,000? Mr. Rollason: Yes. Mr. Williams: I believe it was like 90 to 100, somewhere in there. Board Member Sanchez: All right. No more. Chairman Winton: And Mr. Williams, you need to put your name and address on the record, please. Mr. Williams: OK. Willie Williams, Just Right Barbershop, 1133 Northwest 3rd Avenue. Chairman Winton: We have a motion and a second. Do we have any further discussion on this item? Andl think the motion ought to be -- I would suggest the motion be subject to getting the written agreement on jobs creation between Mr. Williams and the CRA, and so, does the -- who made the motion? Board Member Gonzalez: I did. Chairman Winton: With -- and who made the second? So does the maker of the motion -- Board Member Gonzalez: Chairman Sanchez. Board Member Sanchez: I'll second it. Chairman Winton: OK OK. Board Member Sanchez: And accept the amendment. City ofMiami Page 27 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 Chairman Winton: So we have a motion and a -- we have an amended motion and second. Any further discussion? Being none, all in favor, "aye. " The Board Members (Collectively): Aye. Board Member Sanchez: As amended. Chairman Winton: Like sign, opposed? The motion carries. Let's get that job done. Board Member Sanchez: Merry Christmas to you. Mr. Williams: Merry Christmas to you. Chairman Winton: Thank you, Mr. Williams. Vice Chairman Allen: And thank you. Great job. 4 04-01325 CRA RESOLUTION A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA ") AUTHORIZING THE EXECUTIVE DIRECTOR TO ISSUE A PURCHASE ORDER, IN AN AMOUNT NOT TO EXCEED $11,310, TO ARBOR DESIGNS, INC. FOR MONTHLY MAINTENANCE FOR ONE YEAR ON FOURTEEN CRA OWNED VACANT LOTS, TO INCLUDE MOWING, HEDGE TRIMMING, AND DEBRIS REMOVAL; FUNDS TO BE ALLOCATED FROM SEOPW TIF FUND, " OTHER CONTRACTUAL," ACCOUNT CODE NO. 689001.550108.6.340. COVER MEMO.pdf FINANCIAL FORM.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: 5 - Board Member Gonzalez, Board Member Sanchez, Board Member Regalado, Vice Chairman Allen and Chairman Winton CRA-R-04-0022 Board Member Gonzalez: Mr. Chairman, I move Item 4. Vice Chairman Allen: Second. Chairman Winton: We have a motion and a second on Item 4. Discussion. Being none, all in favor, "aye." The Board Members (Collectively): Aye. Chairman Winton: Like sign, opposed? The motion carries. 5 04-01326 CRA RESOLUTION A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCIES ("CRAS"), City ofMiami Page 28 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 RATIFYING THE ACTIONS OF THE EXECUTIVE DIRECTOR RENEWING THE CRAS' GROUP HEALTH INSURANCE COVERAGE WITH NEIGHBORHOOD HEALTH PARTNERSHIP, INC. FOR CALENDAR YEAR 2005, AT AN ANNUAL COST NOT TO EXCEED $36,000; FUNDS TO BE ALLOCATED FROM GENERAL OPERATING FUND, "GROUP INSURANCE CONTRIBUTION," ACCOUNT CODE NO. 689004.550011.6.130. COVER MEMO.pdf FINANCIAL INFO. FORM.pdf SUPPORTING DOCUMENTATION.pdf LEGISLATION. pdf Motion by Board Member Sanchez, seconded by Board Member Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Board Member Gonzalez, Board Member Sanchez, Board Member Regalado, Vice Chairman Allen and Chairman Winton CRA-R-04-0023 Board Member Sanchez: I move Item 5. Board Member Gonzalez: Second. Chairman Winton: Item 5. Motion and second. Discussion. Board Member Sanchez: None. Chairman Winton: Being none -- Vice Chairman Allen: None. Chairman Winton: -- all in favor, "aye. The Board Members (Collectively): Aye. Chairman Winton: Like sign, opposed? The motion carries. 6 04-01329 CRA RESOLUTION A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCIES ("CRAS"), AUTHORIZING THE EXECUTIVE DIRECTOR TO TRANSFER FUNDS, IN THE AMOUNT OF $35,000, TO THE BUDGET OF THE CITY CLERKS OFFICE FOR SERVICES TO BE RENDERED DURING FISCAL YEAR 2004- 2005 AS CLERK OF THE BOARD, CONTINGENT UPON ANY UNUSED FUNDS BEING RETURNED TO THE CRAS AT THE END OF THE FOURTH QUARTER OF THE FISCAL YEAR; FUNDS TO BE ALLOCATED FROM GENERAL OPERATING FUND, "SPECIAL SERVICES - MISCELLANEOUS," ACCOUNT CODE NO. 689004.550011.6.289. COVER MEMO.pdf FINANCIAL INFO.. pdf LEGISLATION. pdf City ofMiami Page 29 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 Motion by Board Member Sanchez, seconded by Board Member Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Board Member Gonzalez, Board Member Sanchez, Board Member Regalado, Vice Chairman Allen and Chairman Winton CRA-R-04-0024 Board Member Sanchez: I move 6. Board Member Gonzalez: Second 6. Chairman Winton: We have Item Number 6. We have a motion on 6. We have a second on 6. Any further discussion? Being none, all in favor, "aye.' The Board Members (Collectively): Aye. Chairman Winton: Like sign, opposed? The motion carries. 7 04-01189 CRA DISCUSSION DISCUSSION REGARDING ISSUANCE OF BONDS FROM CRA/ CITY OF MIAMI TO BOND OUT CAPITAL PROJECTS PLEDGING TIF. COVER MEMO.pdf MOTION A motion was made by Board Member Sanchez, seconded by Vice Chairman Allen, and was passed unanimously, to direct the Executive Director to come back to the Board with some viable projects and a realistic projection of the available funds; and further authorizing the Executive Director to hire a financial person, in an amount not to exceed $10, 000, to assist the CRA in calculating numbers that would be more attuned to the CRA's anticipated projects; further requesting that there be public input with the community as to what these anticipated projects should be. Board Member Regalado: Mr. Chairman. Chairman Winton: Item Number 7 is a -- Yes, sir. Board Member Regalado. Chairman Winton: Item Number 7. Board Member Gonzalez: 7, right? Frank Rollason (Executive Director, Community Redevelopment Agency): That was a discussion item on the bonds that you wanted us to -- Chairman Winton: Right. Mr. Rollason: -- bring back today. Chairman Winton: And let me -- I think the timing isn't right to move forward on implementing, but let me tell you. I think I've -- have I put this on the record before here at the first meeting or not? Mr. Rollason: No. We just did a little bit of talking -- Chairman Winton: Let me tell you all -- City ofMiami Page 30 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 Mr. Rollason: -- and then we deferred it. Chairman Winton: -- what I'm thinking, and I feel pretty strongly about this. Vice Chairman Allen: Sure. Chairman Winton: I'm chairing the Downtown Development Authority and I'm chairing the Overtown/Park West and the Omni CRAs (Community Redevelopment Agencies). Each of those entities has significant tax dollars coming into their coffers, and those coffers are growing in size . In addition to that, we have -- particularly in the downtown area, it's citywide -- but we have a parking surcharge that's a 15 percent tax on parking, whereby the new legislation that went into effect in October of this year, 20 percent of that money has to be used for infrastructure improvements in the area in which its generated, and that amount for the Greater Downtown area is in the neighborhood of -- gee, I've completely forgotten. I lost it, but it's significant There's some millions of dollars there, and the Downtown Development Authority, which the property owners within the DDA (Downtown Development Authority) district boundaries pay an additional tax into it to support the DDA. They have the money that they need for doing operations, and I've gotten the board to -- we're starting a dialogue at the board level to take a certain amount of the existing money and new money and put it in a pool that will go with some City money that will go with parking surcharge money, and that will ultimately go with CRA money, as far as I'm concerned, to create a very significant pool of dollars that goes for capital improvements in every single nook and cranny and street within the boundaries of those three entities, and so that we can clean up our streets, build new sidewalks, repave streets, create new lighting, create new landscaping, redo water and sewer if we have to do -- redo water and sewer, because as you all know andl think everyone in this room knows, Miami is going through the most significant building boom in its entire history. We have people that want to invest in every neighborhood in the City ofMiami, not just some neighborhoods. There is, in fact, a desire to invest in neighborhoods throughout the City ofMiami, and what we've done a lousy job of is getting the infrastructure cleaned up and made to look nice so that the private sector will put a lot more money into neighborhoods, and trust me, if landscaping and lighting and streets and sidewalks, street furniture -- if all of that looks attractive, the private sector will invest. We can never, by ourselves, rebuild neighborhoods. You have to rebuild neighborhoods in partnership with public sector money and private money, and so the CRA has a 20-year history of spending millions and millions and millions with no end result. None. There's not a single footprint out there that you can go and identf and put on, except maybe the 9th Street Mall and those parking lots that you can say are CRA something, and my view here is that we ought to put footprints on the street that have CRA stamped in them, and we can do that by identifying the largest chunk -- we have to have money for operations. We ought to figure out what our operational needs are to do the kinds of things that we need to do in the community, and all the rest of it goes in that pool to bond out so nobody can monkey with it anymore. It can't be manipulated. It can't be -- what's the right term to use here? It can't be -- it can't disappear; it can't be misused, can't do any of those things, and it will go into the neighborhoods and it will be visible, and that's what -- at some point within the next few months, I want us to have a real discussion about this kind of thing -- Vice Chairman Allen: OK. Chairman Winton: -- and figure out if we want to do that. Vice Chairman Allen: Right. Chairman Winton: And that's the point. Vice Chairman Allen: Right, but you -- ifI may, Mr. Chairman. City ofMiami Page 31 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 Chairman Winton: Yes, sir. Vice Chairman Allen: That's a pretty good lengthy discussion, but bits and pieces here. You're suggestion is to -- this would benefit all districts; is that it, or not just necessarily the CRA district, based on what you're -- Chairman Winton: Well, CRA money can only be spent -- Board Member Sanchez: Spent on CRA. Chairman Winton: -- within the CRA boundaries, so it's all a little tricky. Vice Chairman Allen: That's right because I want to make that perfectly clear. Chairman Winton: You have to -- yes. Vice Chairman Allen: Right. Chairman Winton: CRA money can only be -- by law -- Vice Chairman Allen: Right. Chairman Winton: -- can only be spent within the CRA districts. Vice Chairman Allen: Right. Chairman Winton: But the CRA boundary overlaps with DDA boundary. Vice Chairman Allen: Right. Mr. Rollason: Right. Chairman Winton: DDA boundary overlaps with parking surcharge money. Vice Chairman Allen: Correct. Chairman Winton: So they're all -- there's not the same boundary for any of them; they all overlap, so the way you do it is you figure out what the master plan is -- Vice Chairman Allen: Precisely. Chairman Winton: -- and you can shift more money. As an example, CRA money goes some places where DDA and parking surcharge doesn't go, so you could shift -- Vice Chairman Allen: Right. Chairman Winton: -- we use the DDA money over here, and more CRA money over there, and you get the same product everywhere. Vice Chairman Allen: Right. Chairman Winton: That's the objective. Vice Chairman Allen: OK. Terrific. Just want to make it perfectly clear. City ofMiami Page 32 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 Chairman Winton: Sure. Vice Chairman Allen: I don't want anyone to get the wrong impression -- Chairman Winton: OK, got it. Vice Chairman Allen: -- that -- Chairman Winton: Yes. Vice Chairman Allen: -- one CRA is going to be at a disadvantage towards another area. That's the perception sometimes. Chairman Winton: And I'm simply saying -- Vice Chairman Allen: Some people misinterpret things. That's why I wanted to clear that -- Chairman Winton: Butl agree. Vice Chairman Allen: Right. Chairman Winton: Very good point, and I'm saying that -- you know, I don't -- I think, at some point in the next few -- Vice Chairman Allen: Right. Chairman Winton: -- months, we're going to have -- we're going to dedicate most of the meeting Vice Chairman Allen: Great. Chairman Winton: -- to that discussion and make a decision -- Board Member Sanchez: To tie the money -- Chairman Winton: -- yea or nay. Vice Chairman Allen: Right. Board Member Sanchez: -- to worthwhile projects. Vice Chairman Allen: While projects. Chairman Winton: Bingo, so -- Vice Chairman Allen: And for the designated area. Chairman Winton: Yes. Vice Chairman Allen: Great. Mr. Rollason: Mr. Chairman, if I may. I think there's -- Chairman Winton: Yes, sir. City ofMiami Page 33 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 Mr. Rollason: -- two things that I need direction from you on the record to tell me to do that we've already, I think, discussed. One is to come back with some viable projects, some options to you, some suggestions gleaning from the DDA, working with Dana Knottingham, working with the community, working with Public Works; I think with the Performing Arts Center also because there's some projects surrounding that that we could get involved in that would help the infrastructure for the Performing Arts Center, so that's number one. Number two is is that we need to come back to you with a realistic projection of what we're talking about in available funds, and what the TIF (Tax Increment Fund) is going to be and all that, and to that end, I think it would be good. I've already had some initial meetings with Budget, but think it would be good to get an authorization from you to be able to bring in a financial person to assist us to put those numbers together that maybe would be more attuned to what CRAs and the projections could be with anticipated projects that are coming on line, and not just working with the figure of what we anticipate the taxes to climb incrementally. I mean, these new projects coming on line need to be factored in because -- Chairman Winton: So how much you need? Mr. Rollason: -- the figures -- Chairman Winton: Not to exceed $10, 000. Mr. Rollason: I -- Chairman Winton: You can hire a bunch of people for that. Mr. Rollason: I think that's a good figure. Chairman Winton: So put it on -- need a motion. Board Member Sanchez: I have a motion. I'll put a motion -- Chairman Winton: OK. Board Member Sanchez: -- on the table. Vice Chairman Allen: Great. Chairman Winton: Not to exceed $10, 000 to get a financial consultant to help put together the projected numbers, over the course of the next -- Board Member Sanchez: But Mr. Chairman -- Chairman Winton: -- minimum -- Board Member Sanchez: -- before we vote on that -- Chairman Winton: Yes. Board Member Sanchez: Before we vote -- Chairman Winton: Minimum ten years. Board Member Sanchez: Before we vote -- City ofMiami Page 34 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 Vice Chairman Allen: Right. Board Member Sanchez: -- on that issue, I think that the most important factor here is that we get public input -- Chairman Winton: Absolutely. Board Member Sanchez: -- as to what these initiative or these projects are. We were very successful with the bonds -- issuing the bonds because we allocated "X" amount of dollars through public participation to identfing these projects, and then the beauty of this is that then by us putting it in writing, we are held accountable for the public to get these projects done, so in the whole process here, what we like to have -- andl know that we do have a master plan and there's ideas already that are cooking, but we need to get the public to participate in some of this so we could put all those into a list of projects that, when we bond out the money, "X" -- whatever money may come in when we bond it, will be allocated to those specific projects so we could have full support. Mr. Rollason: I think -- Chairman Winton: And in that regard, I think, you know, you meet with the Irby McKnights of the world and Reverend Ross -- Board Member Sanchez: Ross. Chairman Winton: -- and others in the community to talk about and brainstorm about ideas within the district, and that all comes back and that becomes a part of the plan -- Mr. Rollason: Right. Chairman Winton: -- as you have suggested. Mr. Rollason: We would bring them all back and then say these came from this source; these came for this source and these are the ideas -- Chairman Winton: Yes. OK. Mr. Rollason: -- to kick around. Chairman Winton: OK. Vice Chairman Allen: OK. Chairman Winton: Let's see. We have -- Vice Chairman Allen: So you put a motion -- Chairman Winton: We don't have a second though. Vice Chairman Allen: Right, we don't have a seconder. Second -- I'll second it. Chairman Winton: OK. Any further discussion that motion? Being none, all in favor, "aye. The Board Members (Collectively): Aye. Chairman Winton: Like sign, opposed? The motion carries. City ofMiami Page 35 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 8 04-01352 CRA DISCUSSION DISCUSSION ITEM REQUESTED BY BOARD MEMBER JEFFERY ALLEN REGARDING THE FEASIBILITY OF THE CRA/CITY ISSUING AN RFP IN LIEU OF ENTERTAINING A SETTLEMENT AGREEMENT ON BLOCKS 45 , 46, 55 AND 56 WHICH ARE CURRENTLY OWNED BY THE SEOPW CRA AND ARE A PART OF THE ONGOING POINCIANA VILLAGE/ SAWYER'S WALK LITIGATION. COVER MEMO.pdf SUPPORTING DOC..pdf DISCUSSED Chairman Winton: Next item. Item Number 8. Vice Chairman Allen: Yeah. Mr. Chairman, ifI may. Chairman Winton: Yes, sir. Vice Chairman Allen: This is an item that I placed on the agenda as a discussion item. This discussion item is requested by me regarding the feasibility of the CRA/City issuing an RFP ( Request for Proposals) in lieu of entertaining a settlement agreement on Blocks 45, 46, 55, 56, which are currently owned by the Southeast Overtown/Park West CRA (Community Redevelopment Agency), and are a part of the ongoing Poinciana Village/Sawyer's Walk litigation. I placed this item on the agenda largely to hear comments briefly from Jim Villacorta, and perhaps, Mr. -- City Attorney Jorge Fernandez, and the purpose of this is to simply point out currently we are currently engaged in negotiations with Crosswinds, andl think we're, perhaps, on the cusp of bringing that agreement to fruition, which will benefit the community at large -- will benefit them overall, favorably, but in any event, I thought it was important for us just to look at a potential fall back position in the event that things may not be concluded by a certain cut off period because there are some reverter issues there of concern, so if you will, Jim, please. James Villacorta (Assistant General Counsel, Community Redevelopment Agency): The property is subject to a reverter to Dade County, or three of the lots, in August of 2007. The CRA, in the past few months, prepared a draft RFP in case the settlements should -- Vice Chairman Allen: OK. Mr. Villacorta: -- fall through and we await the direction of the Commissioners. Vice Chairman Allen: Right. OK, so you said August 7 of two thousand and -- Mr. Villacorta: August of 2007. Vice Chairman Allen: Seven. Board Member Sanchez: So just for -- Vice Chairman Allen: Very good. Board Member Sanchez: -- point of clarification -- Vice Chairman Allen: Right. Board Member Sanchez: -- Commissioner Allen, this is like Plan B, in case it doesn't go through, that we RFP because prior -- City ofMiami Page 36 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 Vice Chairman Allen: Just a discussion. Just in case so that we wouldn't be in a position where, for lack of a better description, we're without a Plan B, as you just explained. Board Member Sanchez: OK. Chairman Winton: Well, so any further discussion on that now, or is there more discussion to be had? Vice Chairman Allen: Well, frankly, there isn't a great deal of discussion to be had, butl wanted just to -- Chairman Winton: Right. Vice Chairman Allen: -- ask the feasibility of it, so -- Chairman Winton: Yeah. Vice Chairman Allen: -- you can assure me of that, right? Mr. Villacorta: Actually, I may have misspoken. Only Lots 45 and 46 -- Vice Chairman Allen: OK. Mr. Villacorta: -- that are part of the litigation are subject to the reverter. Lot 36, which isn't part of this Crosswinds negotiations, is also subject to a reverter. The reverter becomes effective in August 2007, if no construction has started. The CRA, my understanding, has prepared an RFP, and again, we -- Vice Chairman Allen: OK. Mr. Villacorta: -- await the -- Vice Chairman Allen: OK. Mr. Villacorta: -- outcome of the negotiations. Board Member Sanchez: All right. Vice Chairman Allen: All right. Thank you. Board Member Gonzalez: Mr. Chairman, I have a resolution. Chairman Winton: Yes. Oh, let me -- Del Bryan: I yield to the Commissioner. Chairman Winton: Del -- OK. Vice Chairman Allen: Pardon me? Chairman Winton: Yes, sir. Board Member Gonzalez: OK. I'm -- City ofMiami Page 37 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 Board Member Sanchez: No. He's going to bring another item up. Vice Chairman Allen: He's bringing another -- Board Member Sanchez: You -- Mr. Bryan: Oh, oh, OK. Board Member Sanchez: Yeah. Vice Chairman Allen: -- a different item. Mr. Bryan: A different item? Chairman Winton: Del. Mr. Bryan: Thank you, Mr. Chairman. Vice Chairman Allen: Del. Mr. Bryan: My name is Del Bryan, 201 Northwest 7th Street. I'm the president of the homeowners' association Poinciana, and also, I serve on the Overtown Advisory Board. There's a lot of things that, you know, we helped to do in the community, but I'm going to speak primarily as a homeowner, andl have a number of my neighbors here. A couple of them might want to say something, but we do have Mrs. Sawyer here that, certainly, we want to give her the opportunity to say something -- Vice Chairman Allen: Yes. Mr. Bryan: -- about her home this evening, but -- and when she's finished, I'd like to make a couple comments. Is that OK, sir? Chairman Winton: Sure. Mr. Bryan: Thank you. Bernice Sawyer: Good afternoon, everyone. Board Member Gonzalez: Good afternoon. Vice Chairman Allen: Good afternoon. Ms. Sawyer: I am wondering what's going to happen next. I've heard so many rumors. I've heard so many rumors. My husband is home, dying of a broken heart because he has nothing now. Everything has been taken away from us, eminent domain, and it leaves you with a broken heart. I pray to God that something will happen that will help us to move forward -- Vice Chairman Allen: OK. Ms. Sawyer: -- and not have to worry every night as to whether or not they're coming again to take us away -- Chairman Winton: Who has the answer -- Ms. Sawyer: -- from our home. City ofMiami Page 38 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 Chairman Winton: -- to that -- I'm sorry. And you asked a question: What is going to happen next? And have to admit don't know the answer to that. Vice Chairman Allen: Yeah. Well, what I can assure you is that we're moving steadfast at trying to resolve this issue andl suspect, within the next week or two, we should have something finalized at that juncture, so those are efforts that we're making at this point. Chairman Winton: Finalized as it relates to Crosswinds? Vice Chairman Allen: Yes. Chairman Winton: So the negotiations are ongoing with Crosswinds to move forward with their project; is that what you're saying? Vice Chairman Allen: Yeah. That's what we're doing, yeah, at this juncture, so I think we're on the cusp of that right now at this juncture. Chairman Winton: Del. Vice Chairman Allen: I don't want to talk specifics because we're still -- Chairman Winton: No, you can't. Vice Chairman Allen: -- in nego -- Chairman Winton: Right. Vice Chairman Allen: Right. Mr. Bryan: OK. Understand. Vice Chairman Allen: So that's why I speak -- Mr. Bryan: Understand. Vice Chairman Allen: -- very generically. Mr. Bryan: And what I'd appreciate, Commissioners, is some communication with your office as to the progress; keep us up-to-date. Vice Chairman Allen: Yeah, that's why I wanted to -- Mr. Bryan: I'll be willing to come down to meet with your chief of staff, or whoever, once per week until this is complete. Vice Chairman Allen: Right. Chairman Winton: Thank you, Del. Vice Chairman Allen: Thank you. Mr. Bryan: OK. Chairman Winton: Thank you very much. City ofMiami Page 39 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 Mr. Bryan: Thank you. Chairman Winton: Ms. Sawyer, thank you. 9 04-01300 CRA REPORT SUBMISSION OF PRINTED STATUS REPORT ON PENDING LEGAL MATTERS (NO BOARD ACTION REQUIRED) STATUS REPORT.pdf NO ACTION TAKEN NON -AGENDA ITEMS NA.1 04-01381 CRA DISCUSSION Discussion regarding maintenance of CRA parking lots. Note for the Record: The CRA Executive Director stated that he would meet with the Executive Director of the Department of Off -Street Parking (DOSP) and see what the best route would be in relation to who should be maintaining the parking lots and come back to the Board with a recommendation. Board Member Regalado: I have sort of a pocket item. It's very simple. Chairman Winton: Sort of a pocket item? Board Member Sanchez: Pocket item? Chairman Winton: I've never seen a pocket item here before. Board Member Sanchez: We're making history at the CRA (Community Redevelopment Agency) with pocket items. Board Member Regalado: It's sort of sort of. No, and it has to do with parking and parking lots, and the other day, when Art Noriega came by to talk about the rates of the ordinance that we all voted for, we were talking about parking throughout the City, Coral Way and everywhere. I mentioned to him the CRA parking lots, andl went by -- and I'm sure that Commissioner Allen has seen a lot of trash, bushes around. It's not being maintained, OK, andl said to him, "Look - Chairman Winton: Those are new parking lots? Board Member Regalado: The new parking lots. Chairman Winton: The new, expensive parking lots. Board Member Regalado: Andl said to him, "Look, you know, if somebody asks who those parking lots belong to, nobody's going to say the CRA. They're going to say Miami Parking Authority, because that's the way it is," and he said, "Well, if the CRA Board will ask me, the Miami Parking Authority will maintain the parking lots for free," and the reason that they're doing this is because exactly that. Everybody thinks -- Chairman Winton: Image. Board Member Regalado: -- that it's Miami Parking Authority, so this is sort of a pocket item. I City ofMiami Page 40 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 will move -- and Art Noriega's not here, but he -- Chairman Winton: As the Chair, I will accept this one most unique pocket item. Board Member Regalado: It's free. Chairman Winton: And it's -- yes. That's why I saidl will accept this one -- Board Member Regalado: OK. Chairman Winton: -- unique pocket item, but I don't want to get in the habit of doing pocket items. Board Member Regalado: No, no. I mean, but thought because he -- Chairman Winton: Make the motion. Board Member Regalado: -- did say -- he did say that they will do it, and Frank, it's now -- I mean -- Chairman Winton: A motion, please. Board Member Regalado: -- he's going to get it -- so my motion is to -- for the CRA Board to ask Miami Parking Authority to maintain the CRA parking lots in the CRA area. Vice Chairman Allen: Great idea. Second. Chairman Winton: Motion, second. Discussion. Frank Rollason (Executive Director, Community Redevelopment Agency): I've got something that we need to add to it. Chairman Winton: OK. Mr. Rollason: There is in existence a resolution passed by this board to employ an individual from the neighborhood to maintain that lot -- two individuals, as a matter of fact. Chairman Winton: Are we doing that? Mr. Rollason: We do have one, andl have a meeting with this lady after the first of the year, and it's my intent to make some changes there, so what I'm saying is, if we do this, which I have no problem with it, I would also ask for the authorization to -- you know, for you to rescind that resolution so that can -- Chairman Winton: Well -- Board Member Regalado: No, because it's two jobs. Mr. Rollason: Well -- Board Member Regalado: We are in the business of creating jobs, not eliminating. Mr. Rollason: Well, there's only one in the job right now and that individual's not doing the job, and that's why -- City ofMiami Page 41 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 Board Member Regalado: Well -- Mr. Rollason: -- we've got the problem. Board Member Regalado: -- I didn't do -- well, I just knew -- I just saw a lot of trash and garbage -- Mr. Rollason: No. Board Member Regalado: -- in the parking lots, and said that to Art Noriega. That's all know, so it's up to the Board, you know. I don't -- I mean -- andl look at the area Commissioner to see if -- first of all, I know that he have seen, like me, those parking lots in a very bad shape. Vice Chairman Allen: Yeah, I -- Chairman Winton: Board Member Allen. Vice Chairman Allen: Yeah, Mr. Chairman, so ifI understand you, Commissioner Regalado, Frank, you're saying that we currently have something in place to address that issue, as it -- Mr. Rollason: We do. Vice Chairman Allen: Right. Mr. Rollason: The person just has not been doing the job. Vice Chairman Allen: OK. I think the City Attorney -- you wanted to chime in on this? Jorge L. Fernandez (City Attorney): Yeah. I know the attorney for the Department of Off -Street Parking very well, and I'm sure that he, like the attorney for the CRA, would want this to be an interlocal agreement between these two agencies, so the direction, as a result of this motion, would be to instruct us to come back to you with an agreement in hand where DOSP ( Department of Off -Street Parking) will be taking care -- the maintenance -- will be doing the maintenance of the parking lots. Chairman Winton: Well, I'm a little nervous about this whole thing, in light of what was said. Let me get to Irby. Irby McKnight: Yes. Irby McKnight, Overtown Advisory Board Chair, 1600 Northwest 3rd Avenue. I cannot sit and allow you to cut out a job in a neighborhood that 56 percent of the people are unemployed. I agree with you that Mrs. Thompson, who's almost 75 years old doing this job, may be past the age that you can bend down and pick up trash. I don't know. I think I'm past it, but my point here is -- and we have 56 percent of the residents in Overtown unemployed, and we're talking about development of units for housing that they cannot afford because of being unemployed. Let's not make another one unemployed. Chairman Winton: Bingo. Mr. McKnight: I don't have a problem with Mr. Art Noriega and the Off -Street Parking handling it, but we need to keep that agreement for these twojobs, and the twojobs, they should go to somebody that's not on Social Security. Vice Chairman Allen: All right, so -- Board Member Regalado: Well -- City ofMiami Page 42 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 Vice Chairman Allen: -- perhaps I could -- Chairman Winton: I think we're in complete agreement. Yes, sir, Commissioner -- I mean, Board Member Allen. Vice Chairman Allen: Well, maybe, perhaps Commissioner Regalado might want to withdraw the pocket item. Board Member Regalado: Huh? Vice Chairman Allen: I didn't -- Chairman Winton: I think the issue here that we have to decide is whether or not our Executive Director should manage these two people through the CRA, or whether we ought to go to the parking authority -- Vice Chairman Allen: Authority. Chairman Winton: -- and do an interlocal agreement, where in that interlocal agreement -- you know, if I'm them, why am I going to hire those two people? Vice Chairman Allen: Right. Chairman Winton: It's a CRA responsibility. Vice Chairman Allen: Exactly. Mr. Rollason: Right. Board Member Regalado: Right, but Mr. Chairman, and Commissioner Allen, my intent was just to get rid of the -- Chairman Winton: No, we understand completely. Vice Chairman Allen: Right. Chairman Winton: You didn't know about the people. Board Member Regalado: I didn't know about two persons -- Vice Chairman Allen: Two people, right. Board Member Regalado: -- being hired, and -- Chairman Winton: Right. Board Member Regalado: -- we're not in the business of eliminating job. We're in the business of creating job. Mr. Rollason: I would like to suggest that I meet with Mr. Noriega -- Board Member Regalado: Yeah. Mr. Rollason: -- and we see what the best route to go and how to go -- City ofMiami Page 43 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 Vice Chairman Allen: Before we -- Mr. Rollason: -- and then come back with you with the appropriate way to go to forward. If we do nothing with DOSP, it's my intent to hire people that'll do the job. Vice Chairman Allen: Great. OK, so -- Chairman Winton: Well, let's make that decision quickly so that we can do -- so that we can, one, get the other person hired, and two, get the parking lots cleaned up -- Vice Chairman Allen: Cleaned up. Chairman Winton: -- because it makes the neighborhood better. Vice Chairman Allen: Right. Mr. Rollason: Yes, sir. Chairman Winton: OK. Vice Chairman Allen: Well, I think we had a second on this, so it's agreed that we're going to defer this, or just completely withdraw it altogether? Board Member Regalado: I'll withdraw it until -- Chairman Winton: And let Frank do some negotiations. Board Member Regalado: -- it's -- Mr. Rollason: Great. Board Member Regalado: -- come back. Chairman Winton: OK. OK, next item. Board Member Gonzalez: All right. NA.2 04-01384 CRA DISCUSSION A resolution of the Boards of Directors of the Southeast Overtown/Park West and Omni Redevelopment District Community Redevelopment Agencies (" CRAS") (subject matter: appointing the City Manager of the City of Miami, or his designee, as the Executive Director of the CRAS; requesting that the Miami City Commission adopt legislation making such service a duty of the City Manager; and directing the Executive Director to transmit this request to the City Manager for consideration and adoption of authorizing legislation by the Miami City Commission.) DISCUSSED Chairman Winton: OK. Anything else? Board Member Gonzalez: Yes, sir. Chairman Winton: Oh, I'm sorry. City ofMiami Page 44 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 Board Member Gonzalez: I have a resolution of the Boards of Directors of the Southeast Overtown/Park West and Omni Redevelopment District Community Redevelopment Agencies, CRAs, appointing the City Manager of the City ofMiami, or his designee, as Executive Director of the CRAs; requesting that the Miami City Commission adopt legislation making such service a duty of the City Manager; and directing the Executive Director to transmit this request to the City Manager for consideration and adoption of authorizing legislation by the City ofMiami Commission. So move. Vice Chairman Allen: OK. This -- Chairman Winton: We have a motion. Need a second. Board Member Sanchez: Second for the purpose of discussion. Chairman Winton: Discussion. Board Member Regalado: Discussion. Chairman Winton: So -- yes. Board Member Regalado: Discussion. This is to fire FrankRollason, is it? Chairman Winton: I don't know what it is. Board Member Gonzalez: No, this is not. FrankRollason (Executive Director, Community Redevelopment Agency): I haven't seen it. I don't know what this is. Vice Chairman Allen: Wait. Board Member Regalado: I don't know, but -- Vice Chairman Allen: Let me see. Which item are we looking at -- Chairman Winton: I don't know. It's this -- Vice Chairman Allen: -- resolution? Oh, this one. Right. Board Member Regalado: If this resolution is to appoint the City Manager of the City ofMiami, I don't understand. This is a independent board and -- Board Member Gonzalez: Or his designee. Board Member Regalado: Or his designee, which means -- Board Member Gonzalez: Which could be FrankRollason. Board Member Regalado: How do we know that? Vice Chairman Allen: Yeah. I -- Board Member Gonzalez: He could be. City ofMiami Page 45 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 Chairman Winton: Has the City Attorney looked at this? Vice Chairman Allen: What this would do -- I'm sorry. What -- Jorge L. Fernandez (City Attorney): Yes. The State Statutes provide that it is at the sole discretion of this board who is the Executive Director of these agencies, and this resolution, just like Mr. Rollason was appointed in the past by this board, this resolution is looking to make the appointment of the City Manager, or at the City Manager's discretion, his designee, to be the Executive Director. Vice Chairman Allen: OK. Chairman Winton: Yes. Board Member Regalado: And -- Chairman Winton: Board Member Allen. Vice Chairman Allen: If may? Board Member Regalado: HI may? HI may? So after this, we appoint the City Manager as the DDA (Downtown Development Authority) Executive Director, or MSEA (Miami Sports and Exhibition Authority) Director? Vice Chairman Allen: Right. Board Member Regalado: I mean, this is news to me, and of course, I -- Vice Chairman Allen: Yeah. Board Member Regalado: -- don't understand. I think this is to fire Frank Rollason, and the problem -- Vice Chairman Allen: Right. Board Member Regalado: -- that have is that Frank has brought a discipline, to say the least, to this board, and know -- Angel, I understand -- I don't -- first, I don't understand, but I will never vote to give away the power of this board to the City Manager. I mean, we are -- by doing this, we are -- might as well don't come here. I mean, if you tell me that can be absent, might as well the City Manager can run everything, maybe the City Commission either -- also, but I don't understand why are we doing this. Vice Chairman Allen: Yeah. Mr. Chairman, ifI -- Mr. Chairman, ifI may? Board Member Gonzalez: Well, my -- may I? -- my only reason to -- for this resolution -- and this is not to fire Frank Rollason -- is that you say we might as well don't come back here? Well, let me tell you. I have a problem to keep coming here -- andl have only been coming here for three years; you've been here longer than me -- and seeing not the results that wish to see for Overtown. The things that I've been talking about at every meeting that I have come to to see affordable housing, to see new sidewalks, to see new streets, to see improved lighting, you know, and we need to move. We need to move. Chairman Winton: Excuse me. Board Member Gonzalez: You know, we need to cut through the continuous same game. You City ofMiami Page 46 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 know, we just had a discussion about two hours -- about an hour ago where we didn't know if the owner of a lot was a gentleman or if the owner of a lot was a corporation, or who owns the business, or who owns the lot, or who has the right to put in a billboard you know. These type of things -- I mean, I feel that I'm being not -- I have not been talked to clearly on the issues and on the agenda before coming to this meeting and known exactly what's going on, so this has nothing to do with the City Manager. I don't know, you know -- if you have a problem with the City Manager, you know, I mean, that's your problem and the City Manager's problem, but that is the reason of this resolution. Now, if the board members do not agree with it, I just pull it. Chairman Winton: OK. Hold on. I just -- Vice Chairman Allen: Well, can I just chime in quickly? Chairman Winton: Yeah. Vice Chairman Allen: Yeah. I -- just going to -- Chairman Winton: And then Commissioner Sanchez. Vice Chairman Allen: OK, yeah. I just want to addl share Commissioner Regalado's concern andl also understand Commissioner Gonzalez's -- your concern with the delays, butt think Frank has done a great job. Since I've been appointed, he's been helpful with me in trying to make sure that we move projects forward, andl think he's proven that, and to -- according to this resolution, it would effectively eliminate this position and give it to the City Manager, and he would make his own appointment, andl think that wouldn't be fair. We want to always keep somewhat of a firewall, if you will, with respect to these types of situations, so with that, I'm afraid that I would not vote in favor of this resolution. Chairman Winton: Commissioners --I mean, Board Member Sanchez. Board Member Sanchez: Thank you, Mr. Chairman. The reason why I second this legislation is because it requires a lot of debate. It's a legislation that needs to be debated; it needs to be out in the open. Now I have worked very hard in restructuring the CRA and has held off on my legislation to trying to work with all sides to see if we could formulate a government or a board of the CRA that truly represents the best interest of the CRA, and those are the residents, stockholders, business holders, and those that are affected by the everyday decisions that are being made at the CRA. This is a shock to me because in one of my suggestions, one of the things -- after we appointed share -- stockholders from the CRA area and the entire area -- was to have the Executive Director answer to the Economic Development because that is how, I believe, under Florida Statute 163 that the Executive Director answered to the Economic Development. At one time, there's discussion as to possibly the City Manager. That was one of the few issues that the previous chairman and myself agreed, that it were to go to Economic Development, so having said that, my recommendations are still moving forward. I have held off because I have had both attorneys, both from the City ofMiami and the CRA attorney, address some concerns that were brought forth due to the restructuring of the CRA, butl will push for restructuring of the CRA. On this matter, I mean -- Board Member Gonzalez: Andl will second you when you do that. Board Member Sanchez: When I do, because I think we've made it very clear. Look, we hold two hats here. I believe it's a conflict of interest; some people don't. Under the way that it's designed right now, either one Commissioner holds office or we all hold office, and that continues to be a problem, so under Florida Statute 163, which is very complex, both attorneys on both sides, the City and the CRA, are working together to create something that is, first of all, feasible and accountable for the businesses and residents that are affected by the structuring of City ofMiami Page 47 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 the CRA. Either in January or February, I will be presenting a restructuring of the CRA, which will basically eliminate all the Commissioners that sit on the board, and appointing them with stockholders of the areas that are represented by the CRA, andl think that when we all do this, it'll be something that'll be fair to all and represented to all, where it won't be disputed in court by certain individuals that have already expressed concerns. Vice Chairman Allen: Right. Board Member Sanchez: Having said that, as the second of the motion, I retract my motion. Chairman Winton: OK, great. Vice Chairman Allen: Great. Chairman Winton: So we have no issue. NA.3 04-01383 CRA DISCUSSION Chairman Winton expressed his gratitude, on behalf of the CRA Board Members, to the neighbors present for attending the CRA Board meeting and expressed his desire to do away with a great deal of frustration relating to CRA projects and move on to more meaningful issues. DISCUSSED Chairman Winton: Any further business before the CRA? If not, move for adjournment. Vice Chairman Allen: Move for adjournment. Del Bryan: Mr. Chairman. Chairman Winton: Oh, wait. Mr. Bryan: One more, if you will, sir. Chairman Winton: Del, very quickly. Thank you. Mr. Bryan: Very briefly. I'd just like to ask that you recognize -- Chairman Winton: I think we need your name on the record again, please. Mr. Bryan: Del Bryan, 201 Northwest 7th Street. I'm just asking that you recognize my neighbors who have come out here this evening. Chairman Winton: Oh, please, sure. Vice Chairman Allen: Yes. Please stand. Chairman Winton: Have them stand. Yeah. (Applause) Vice Chairman Allen: Thank you. Mr. Bryan: Thank you, sir. Chairman Winton: And welcome. Welcome and hopefully we get some of these problems solved City ofMiami Page 48 Printed on 12/28/2004 Community Redevelopment Agency Verbatim Minutes December 13, 2004 that we've all been talking about, and Del knows he andl spent a lot of time on it, with great frustration, and hopefully we can get rid of a great deal of frustration and move to something that's meaningful. Mr. Bryan: Thank you. Chairman Winton: Happy holidays to all. See you next year. City ofMiami Page 49 Printed on 12/28/2004