Loading...
HomeMy WebLinkAboutSEOPW OMNI CRA 2005-01-27 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us * IMCORP GROTED lEmSIE Co l 11, • Meeting Minutes Thursday, January 27, 2005 10:00 AM SPECIAL COMMUNITY REDEVELOPMENT AGENCY MEETING MEETING TIME: 10 A.M. OR THEREAFTER Miami City Hall 3500 Pan American Drive Miami, Florida SEOPW and OMNI Community Redevelopment Agencies Johnny L. Winton, Chairman Jeffery L. Allen, Vice Chairman Angel Gonzalez, Board Member Joe Sanchez, Board Member Tomas Regalado, Board Member ************************** CRA OFFICE ADDRESS: 49 NW 5th ST, SUITE 100, Miami, FL 33128 Phone: (305) 679-6800, Fax: (305) 679-6835 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes January 27, 2005 Present: Board Member Angel Gonzalez, Board Member Joe Sanchez, Board Member Tomas Regalado, Vice Chair Jeffery L. Allen and Chair Johnny L. Winton On the 27th day of January, 2005, the Board of Directors of the Community Redevelopment Agency (CRA) of the Southeast Overtown/Park West and Omni Districts of the City of Miami met in the City of Miami Commission Chambers at City Hall in Special Session. The meeting was called to order at 4:48 p. m. by Chairman Winton and adjourned at 5:02 p. m. ALSO PRESENT: Frank Rollason, Executive Director, CRA, City ofMiami Jorge L. Fernandez, Board Counsel Priscilla A. Thompson, Clerk of the Board Sylvia Scheider, Assistant Clerk of the Board RESOLUTIONS 05-00066 CRA RESOLUTION A RESOLUTION OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENT(S), AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH POINCIANA VILLAGE OF MIAMI, LTD., SAWYER'S WALK, LTD., AND THE CITY OF MIAMI IN THE CASES STYLED CITY OF MIAMI V. SAWYER'S WALK, LTD., CASE NO. 00-28860 CA 9, AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY V. POINCIANA VILLAGE OF MIAMI, LTD., CASE NO. 02-06846 CA 9, BOTH PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE-COUNTY, FLORIDA; SAID SETTLEMENT TO REQUIRE SAWYER'S WALK, LTD. TO PROCEED WITH THE DEVELOPMENT OF THE SAWYER'S WALK PROJECT AND THE BALANCE OF THE POINCIANA VILLAGE PROJECT IN ACCORDANCE WITH THE TERMS OF THE SETTLEMENT AGREEMENT, AND, IF CERTAIN CONTINGENCIES ARE SATISFIED, RESULT IN SAWYER'S WALK AND THE CRA ENTERING INTO A LONG TERM LEASE WITH RESPECT TO THE SAWYER'S WALK PROJECT AND THE POINCIANA VILLAGE PROJECT IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI AND THE CRA, AT WHICH TIME THE SAWYER'S WALK LITIGATION AND THE POINCIANA LITIGATION SHALL BE DISMISSED WITH PREJUDICE, ALL AS MORE PARTICULARLY SET FORTH IN THE SETTLEMENT AGREEMENT; FURTHER PROVIDING THAT, IF THE CONTINGENCIES ARE NOT SATISFIED, THE CITY OF MIAMI AND THE CRA SHALL HAVE THE OPTION OF PURSUING THE SAWYER'S WALK LITIGATION AND THE POINCIANA LITIGATION OR PAYING $6,500,000 IN FULL SETTLEMENT OF BOTH THE SAWYER'S WALK LITIGATION AND THE POINCIANA LITIGATION. COVER MEMO.pdf LEGISLATION.pdf CRA Settlement Agreement.pdf Motion by Board Member Sanchez, seconded by Board Member Gonzalez, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 2 Printed on 1/4/2006 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes January 27, 2005 Votes: Ayes: 4 - Board Member Angel Gonzalez, Board Member Tomas Regalado, Vice -Chair Jeffery L. Allen and Chairman Johnny L. Winton Absent: 1 - Board Member Joe Sanchez CRA-R-05-0001 Direction to the Executive Director by Board Member Regalado to find ways for the Community Redevelopment Agency (CRA) to assist the 50 families that will be moving into the affordable housing units at the proposed Crosswinds Development and who may have a hardship with the cost of maintenance fees and to bring back recommendations at the next CRA meeting. Chairman Winton further recommended that the Executive Director find agencies that are proficient with these issues. Chairman Winton: Could we please -- Vice Chairman Allen: Yes. Chairman Winton: -- call to order the CRA (Community Redevelopment Agency) Board meeting of -- what's the date today? -- Thursday, January 27, 2005. There are two agenda items, both of which relate to the subject at hand. Mr. Rollason, you're recognized. Frank Rollason (Executive Director, Community Redevelopment Agency): Yes, sir, Mr. Chairman. The first item is the settlement item that general counsel will present, much the same as he did with the Commission item. Chairman Winton: I don't -- Jorge L. Fernandez (City Attorney): Yes. Chairman Winton: -- think we need to have -- we've just heard -- Mr. Rollason: Right. Chairman Winton: -- the whole settlement argument. Mr. City Attorney -- Mr. Fernandez: Yes, Mr. Chairman. I will ask Mr. Bloom to again briefly, for purposes of the record, as the CRA is now conducting its meeting, to introduce this item as the settlement of pending litigation between these entities and the CRA, as well as the City of Miami. Chairman Winton: Thank you. Mr. Fernandez: So this is the term for the CRA to consider the settlement proposal. Mr. Bloom. Mr. Rollason: If I can just mention for one moment, for those in the audience, there are agendas for the CRA agenda on the dais here at this corner, and also here, if anybody wants a copy of the agenda. Chairman Winton: Thank you. Mr. Bloom. William Bloom (Special Counsel, Community Redevelopment Agency): Yes. Again, this comes before the CRA Board to settle pending litigation regarding Poinciana Village and Sawyer's Walk. To make it clear, the property that is subject to the Poinciana Village lease is owned by the CRA, not by the City of Miami. The lease with Poinciana Village was originally entered into by the City of Miami -- City of Miami Page 3 Printed on 1/4/2006 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes January 27, 2005 Chairman Winton: Mr. Bloom, pull the microphone up so we can hear you better. Thank you. Mr. Bloom: -- but it was assigned to the CRA. The lots, which were the subject of the Sawyer's Walk RFP (Request for Proposals) was -- the RFP was issued by the City of Miami, but subsequently, the lots were all conveyed to the CRA, which is the current owner of the property. This settlement will settle all of the pending litigations and releases will be exchanged. It promotes the development of 1,050 units, provides for affordable housing, minority participation in jobs, job training and other benefits that were previously raised to the -- no -- in the executive summary. Chairman Winton: OK. Thank you. We need a motion. Board Member Sanchez: So move. Board Member Gonzalez: Second. Chairman Winton: We have a motion and a second on the resolution before us. Is this a public hearing? Mr. Fernandez: It is. You can -- any meeting of the CRA, historically, you have always accepted testimony from the public. Chairman Winton: All right. This is a public hearing. Anyone from the public would like to -- oh, jesus. This is a public hearing. I guess, anyone from the public that would like to put something on the record, you do have two minutes, not six, and I will turn the microphone off on anyone that goes beyond two. Board Member Sanchez: See, why am I the only rude one? Chairman Winton: So, Mr. McKnight. Irby McKnight: If I use less than two minutes, do I get a prize? Board Member Sanchez: Yes. Chairman Winton: Yes, you do. Mr. McKnight: OK. My name is -- Chairman Winton: Trust me (UNINTELLIGIBLE) -- Mr. McKnight: -- Irby McKnight. I am the chairperson of the Overtown Advisory Board. I live at 1040 Northwest 3rd Avenue, and I want to say -- start first by saying the term "hole in the donut" is a term coined in Overtown by us in the '60s and '70s, who were volunteering at all these meetings and looking at everything happening around us. The young lady who brought that up wasn't born then. Mrs. Ann -Marie Adker popularized it publicly, so I don't want her giving credit to somebody else for that. Now, I am here again to say, please, pass this project. We need this badly, and I will be to each of you -- your offices next week to hold your feet to the fire on this economic development that you say could happen in Overtown. I am not going to go anywhere, so I'll be right there. For some reason, I don't get arrested, so I don't be in prison. I don't get ill, so I don't be in the hospital. I will be at your office like ugly on an ape. Thank you. Chairman Winton: I look forward to it. Thank you. Yes, sir. Joseph Rebak: Thank you. Joseph Rebak -- City of Miami Page 4 Printed on 1/4/2006 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes January 27, 2005 Chairman Winton: Two minutes. Mr. Rebak: -- 1441 Brickell Avenue, on behalf of Broward Yachts, DBA (doing business as) Miami Arena. As we told you before, we object to this sale -- the settlement. This disposition of this property is violative of the provisions of the Chapter 163, Florida Statutes, and the -- you know, the City is not receiving fair market value for this. We could all play games with the numbers, but it's very simple. We have said -- and I'll repeat again -- we will match the deal exactly that you're considering, and instead of the City getting 50 units, the City would get 80 units. That's a difference of $3,000,000, and there's no amount of semantics that can change that, so you are sitting here and voting on something that you know you can do better, and in addition, instead of getting 20 percent of affordable housing, Miami Arena is willing to do 33 percent of affordable housing, so there's no way that anyone can say that the settlement that you're about to approve is in the best interest of the City because you are rejecting a deal that is $3,000,000 better and contains more affordable housing, and you are proceeding with a settlement that has not been properly noticed and is a violation of the provisions of Florida law regarding a disposition of property, and our client will take all steps necessary to enforce their rights in this regard. Thank you. Chairman Winton: We believe that. Vice Chairman Gonzalez: All right. Chairman Winton: Yes, sir. Next. Del Bryan: Mr. Chairman, thank you. Perhaps, we could ask the gentleman from the Arena to start the bidding on the next set of lots that becomes available, and there's many, many more unoccupied lots that do need rehabbing or, you know, rebuilding, but I'd just like to say thanks to this Commission, both sides of the CRA and the City of Miami, for having the courage to do the right thing this evening, moving forward. Again, it is about prosperity that can and that we will, as Mr. McKnight said, we will hold the feet to the fire to make sure that others share in this wealth. It's only the beginning, as you said, Mr. Chairman, and we're with you on that and we look forward to your assistance, and we will call on you, and you know you're not going to say no, right? OK, and again, just thank you for seeing the vision, and we will do our part in the community to make sure that we make it possible for as many as those who wish to step forward to the plate to enjoy because, technically, I guess, you know, with various funding sources out there and getting them employment, it's possible that current residents could own much, much more than the 300 or 400, so that's an unofficial number that seems to be a mental block, but the opportunity is there for even more. Thank you. Chairman Winton: Thank you. Mr. Bryan: Mrs. Sawyer just also like to say -- Chairman Winton: OK, great. Ms. Sawyer. Bernice Sawyer: Thanks very much for everything and all the consideration that we have been able to receive. Chairman Winton: Ms. Sawyer, you need to put your name and address on the record, too, please. Ms. Sawyer: Oh, I'm sorry. Bernice Sawyer. The address, you said? Chairman Winton: Yeah. City of Miami Page 5 Printed on 1/4/2006 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes January 27, 2005 Ms. Sawyer: 201 Northwest 11 th Street. Chairman Winton: Thank you. Ms. Sawyer: Thank you. Chairman Winton: Yes, sir. Phillip Bacon: Mr. Chairman, Phil Bacon, executive director of Overtown Civic Partnership. Again, we, for the record, are in favor of this particular development, and I would like to commend the CRA and the CRA staff for the work that it has done on this particular project, and we have a staff of four time -- four full-time professional people, and we would offer any assistance to the Commissioner and his staff, or the CRA, on any of these matters. If there's anything that we can do in terms of providing data and information, or actually helping to, you know, convene the community around these issues, we stand ready to do that in support of this item. Vice Chairman Allen: Thank you. Chairman Winton: Thank you. Anyone else from the public? If not, the public hearing is closed. Did we get a motion? Vice Chairman Allen: I make a motion to move the item. Board Member Gonzalez: We have a motion and a second. Chairman Winton: So we have a motion and a second. Any further discussion from board members? If not, this is a resolution -- Board Member Regalado: Mr. Chairman. Chairman Winton: Yes. Board Member Regalado: Chairman, just briefly. Chairman Winton: Board Member Regalado. Board Member Regalado: I think -- Frank, I think that you ought to start looking at some way for the CRA to help jump-start these people that we will be getting -- giving them the 50 units because they're going to have to pay maintenance fees and it's -- Chairman Winton: Pay what? Board Member Regalado: Maintenance fees for -- and there's got to be a way so we can help these people, through the CRA, which by the way, that is what the CRA is for, so maybe for the next meeting, you can think through this and come up with some ideas in order to support these 50 families or couples with the maintenance issue, and trust me, the maintenance issue is big issue because every day it's getting higher and higher, so -- Mr. Rollason: No, it's just not the maintenance, but the utilities -- Chairman Winton: But rather than -- excuse me -- rather than reinventing the wheel, there are agencies out there -- City of Miami Page 6 Printed on 1/4/2006 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes January 27, 2005 Mr. Rollason: Yes. Chairman Winton: -- who are expert at doing this, so, Frank, what I would recommend you do is go find some of those agencies and understand how the process works, bring them to the table if you have to and we might be able to plug a few gaps -- Mr. Rollason: Understand. Chairman Winton: -- if they're in there. OK. Any other discussion? If not, all in favor, "aye." The Board Members (Collectively): Aye. Chairman Winton: Like sign, opposed? The motion carries. 05-00068 CRA RESOLUTION A RESOLUTION OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") AUTHORIZING THE EXECUTIVE DIRECTOR TO SEEK PROPOSALS FOR THE DISPOSITION OF THE CRA'S FEE SIMPLE TITLE TO BLOCKS 45, 46(Pt), 55, AND 56 AS REQUIRED IN THE SETTLEMENT AGREEMENT BETWEEN POINCIANA VILLAGE OF MIAMI, LTD., SAWYER'S WALK, LTD., THE CITY OF MIAMI, AND THE CRA. COVER MEMO.pdf BACKUP DOCUMENT.pdf LEGISLATION.pdf Motion by Board Member Gonzalez, seconded by Vice Chairman Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Board Member Angel Gonzalez, Board Member Tomas Regalado, Vice -Chair Jeffery L. Allen and Chairman Johnny L. Winton Absent: 1 - Board Member Joe Sanchez CRA-R-05-0002 Chairman Winton: Item Number 2. Frank Rollason (Executive Director, Community Redevelopment Agency): All right. The second item is by virtue of the fact of the issue -- of the action that you've taken on the first item. There is a requirement within the agreement that stipulates that the CRA (Community Redevelopment Agency) is to solicit proposals to acquire the fee simple interest within 30 days after the effective date of this agreement, and with the Mayor stating that he's not going to hold to the ten days, this agreement will become effective today or tomorrow, with the actions of the Commission and the City, so therefore, to stay within the time frames that are in the agreement to be out within 30 days and then back to the CRA board within 90 days with a recommendation, I am asking for you to pass this resolution what authorizes me to go out and advertise the fee simple in conjunction with the terms of the restated Poinciana lease. Board Member Gonzalez: I'll move the resolution, Mr. Chairman. Chairman Winton: And -- Vice Chairman Allen: Second. Chairman Winton: -- what blocks are represented in this, Mr. City Attorney? City of Miami Page 7 Printed on 1/4/2006 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes January 27, 2005 Jorge L. Fernandez (City Attorney): Yes. Actually, as stated, they're in the resolution. They are Blocks 45, portion of 46, 55 and 56. Chairman Winton: Thank you. Did I hear a motion? Vice Chairman Allen: Yes. Board Member Gonzalez: I made a move -- a motion. Chairman Winton: During -- and Commissioner Allen -- Vice Chairman Allen: I second. Chairman Winton: -- you second? Vice Chairman Allen: I second. Chairman Winton: We have a motion -- and this is a public hearing also? Mr. Fernandez: Yes, it is. Customarily, you always afford everyone -- Chairman Winton: This is a public hearing. Anyone from the public like to speak on Item Number 2, CRA resolution? Joseph Rebak: Yes. Chairman Winton: One minute. Mr. Rebak: Joseph Rebak, with offices at 1441 Brickell Avenue. We're opposed to this procedure. We believe that this sale is a sham; that it is a sale of a fee simple interest. As you all know, the fee simple interest is subject to the lease that's been negotiated, and therefore, there's no possibility of any realistic bidding on a purchase of the fee simple, and we believe that this is violative of the provisions of the City Charter, as well as Florida law. Thank you. Chairman Winton: Well, welcome to Miami. Palm Beach, I think, is calling again. We have a motion and a second -- Vice Chairman Allen: We do. Chairman Winton: -- on Item Number 2. Any further dis -- oh, excuse me. Vice Chairman Allen: Well, Mr. -- Chairman Winton: This is a public hearing. Anyone else from the public want to speak on Item Number 2? If not, we'll close the public hearing. We have a motion and a second. We have discussion from the -- Vice Chairman Allen: Yeah. Chairman Winton: -- group. Yes, sir. Vice Chairman Allen: Yeah, Mr. Chairman, just a quick -- it's just an acknowledgement, if you will. I just want to thank Frank Rollason with respect to these two items. He's also been involved with this for quite some time, and oftentimes, it's not often we give due respect to City of Miami Page 8 Printed on 1/4/2006 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes January 27, 2005 individuals who are intimately involved in this, and I want to thank Frank for his help and assistance in both of these items, as it relates to this Sawyer Walk litigation. Mr. Rollason: Thank you. Vice Chairman Allen: Thank you. OK. Chairman Winton: OK. We have any further discussion? If not, we have a motion and a second. All in favor, "aye." The Board Members (Collectively): Aye. Chairman Winton: Like sign, opposed? The motion carries. The motion carries. Do we have any further business of the CRA? Mr. Fernandez: No, you may adjourn. Chairman Winton: We will adjourn the CRA meeting of January 27. City of Miami Page 9 Printed on 1/4/2006