HomeMy WebLinkAboutPACT Memo -ResumesJuly 27, 2011
The Honorable Willy Gort
Chairman, City of Miami Commission
3500 Pan American Drive
Miami, Florida 33133
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j,. TiOVIPSON
CI i Y CLERK
CITY OF I-111011. FL
AdrienneArsht Cente
FOR THE PERFORMING ARTS OF MIAMI-DADE COUNTY
RE: City of Miami Appointments to the Performing Arts Center Trust Board of
Directors
Dear Chairman Gort:
Pursuant to the Performing Arts Center Trust's Articles of Incorporation, the City of Miami is
entitled to appoint three representatives to the Board of the Performing Arts Center Trust, Inc.
(PACT). The current City of Miami appointments are: Hank Klein and Commissioner Marc
Sarnoff.
We would be grateful if the City of Miami Commission would consider reappointing both. Their
knowledge and expertise have made both gentlemen assets to our Board. We believe that
both have a pivotal role and their continued participation is exactly what is needed to move the
Center forward in the future.
In order to make these reappointments, the City of Miami Commission must take formal action.
For your information, you will find enclosed Mr. Klein's bio as well as a copy of the PACT's
Articles of Incorporation that outlines the appointment process.
Please forward to us confirmation of the City's action in this regard at your earliest
convenience. If you have any questions or require further information, please call Valerie Riles
at 786-468-2203.
Sincerely,
C_
y j'61
Ricky Arnola
Chairman, PACT Nominating and Governance Committee
Enclosures
Copy: The Honorable Marc Sarnoff
Mike Eidson, Chairman, PACT Board of Directors
Priscilla Thompson, City Clerk
Hank Klein
1300 Biscayne Boulevard, Miami, FL 33132 Telephone 786.468.2000 Fax 786.468.2001 www.arshtcenter.org
Hank Klein
Vice Chairman
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THOMPSON
CITY CLERK
CITY OF MIAMI. FL
As Vice Chairman of Blanca Commercial Real Estate, Hank Klein plays a key role in the firm's new business
development efforts. Widely regarded as one of South Florida's foremost commercial real estate professionals, Mr.
Klein brings nearly 30 years of market expertise, having held leadership posts with Flagler Realty Services/Codina
Group, Codina Bush Klein Realty — where he built one of the most successful brokerage firms in South Florida — and
Cushman & Wakefield of Florida.
Mr. Klein joins Blanca after having successfully served in key roles at some of the South Florida commercial real
estate industry's largest and most well -respected companies. He most recently served as Executive Director for
business development at Cushman & Wakefield of Florida. Here, he originated local, statewide and national business
relationships, generating nearly $2 million in gross commissions over an 18-month period.
Prior to joining Cushman & Wakefield, Mr. Klein was Vice Chairman at Flagler Realty Services/Codina Group, a
publicly -traded real estate development and transportation firm. In this role, he was responsible for marketing the
firm's product lines and services, soliciting new business opportunities, managing client relationships, and mentoring
new brokers. As President and CEO of Codina Bush Klein Realty, the brokerage subsidiary of Codina Group, Mr.
Klein managed four offices and 35 commercial brokers across South Florida and grew the firm's transaction volume
from less than $2 million in 1988 to more than $85 million by 2000.
Mr. Klein serves on the board of directors for the Miami Downtown Development Authority (DDA), United Home Care
Services and Miami's Performing Arts Center Trust, which oversees the Adrienne Arsht Center for the Performing
Arts. He is a member of the corporate boards of Fiduciary Trust International (a Franklin Templeton company), as
well as Transatlantic Bank. Previous roles include Chairman of the Greater Miami Chamber of Commerce and Vice
Chairman of the Miami -Dade College board of trustees. He is a current member of the Dade Community Foundation
board of governors.
Mr. Klein eamed his bachelor's degree from the University of Miami. A South Florida resident since 1957, he now
resides in Miami with his wife of 20 years.
M1larc D. Sarnoff - Biography
Commissioner Marc D. Sarnoff's philosophy of "leaving the world a little
better than you found it" guides his mission of enriching the quality of life for
everyone in District 2. Commissioner Sarnoff is committed to fighting
poverty, improving safety, safeguarding health, protecting the environment,
and increasing the prosperity for anyone who lives or works in District 2's
communities-- from West Grove north, Coconut Grove, Brickell, Downtown
Miami, Edgewater, Morningside, Bayside, Belle Meade, and Shorecrest.
Commissioner Sarnoff is passionate about growing our economy through
Water Resource Management, including flood control, and the protection of
our natural resources, most importantly our wetlands. The Commissioner is
also strongly committed to the revitalization of the waterfront core.
He's at the forefront of leading initiatives which will expand Miami's
greening agenda, as well as its goals for urban revitalization and
environmental sustainability, which will create a balance between the
natural and built environments, encourage buildings of appropriate scale
and engage residents and stakeholders in planning for and managing
growth and change, which may include designing a pedestrian -friendly,
transit -oriented commercial district, providing new homeownership
opportunities for a range of income groups, exploring the possibilities of
public/private partnerships, and leveraging the impact of arts and cultural
institutions to create an attractive urban environment.
Originally from Brooklyn, New York, Commissioner Sarnoff and his wife
Teresa have been residents of Coconut Grove for over 20 years. He
attended University of Tampa and graduated with honors with a BA in
Criminology. He received a Juris Doctorate from Loyola University School
of Law, and then continued his studies at Tulane University in the LLM
program in Admiralty in Greece. He is now an attorney specializing in
Admiralty and Maritime Law with his firm Sarnoff and Bayer.
BYLAWS
RwCE!VED
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PERFORMING ARTS CENTER TRUST, I 3,C;LL A . THOMPSON
a Florida Corporation Not -for -Profit CITY CLERK
CITY OF MIAMI, FL
ARTICLE 1.
PURPOSES
Section 1.1 Purposes. This Corporation will have the purposes stated in its Articles of
Incorporation, as they now exist or are hereafter amended.
ARTICLE 2.
NOT FOR PROFIT
Section 2.1 No Shareholders. The Corporation shall not have shareholders.
Section 2.2 No Stock. The Corporation shall not issue shares of stock.
Section 2.3 Nonprofit Operations. The Corporation is a Florida not -for -profit corporation.
No dividend will be paid, and no part of the income or assets of this Corporation will be
distributed, to its Directors or Officers. However, the corporation may contract in due course
of business with its Officers or Directors for services rendered to the extent permissible under
the Articles of Incorporation, under law and under Section 501(c)(3) of the United States
Internal Revenue Code of 1986 (hereinafter "Code").
Section 2.4 No Loans to Directors or Officers. This Corporation will loan no money to any
of its Directors or Officers.
Section 2.5 No Vested Rights. No Director or Officer of this Corporation has any vested
right, interest, or privilege of, in, or to the rights, property, assets, functions, or affairs of the
Corporation.
ARTICLE 3.
BOARD OF DIRECTORS
Section 3.1 Appointment of the Board of Directors.
3.1.1 Twenty-eight (28) Directors shall be appointed by local governmental
authorities as provided in the Articles of Incorporation, and will serve as
provided therein. Up to thirteen (13) Directors shall be Community
Representative Directors appointed by either the Designated Primary Artistic
Organizations, future designated Primary Artistic Organizations (if any), the
Organizations selected pursuant to Section 3.1.2.(ii), or the Corporation. The
Community Representative Directors shall consist of three categories:
(i) The Designated Primary Artistic Organizations named in Section 4.3 of
the Articles of Incorporation shall each appoint one (1) Director (hereinafter referred to as a
"Designated Primary Artistic Director"). In case additional Designated Primary Artistic
Organizations shall come into existence, such organizations shall be entitled to appoint one
(1) Designated Primary Artistic Director each.
(ii) The Corporation shall select two (2) Miami -Dade County based non-
profit performing arts organizations which reflect, in both their governance and
programming, community ethnic cultural perspectives; one of these should be principally an
Hispanic American artistic organization and one should be principally an African American
artistic organization, which artistic organizations shall each make a long range commitment
to the Corporation acceptable to the Board. Each of these two performing arts organizations
shall appoint one (1) Director.
(iii) The remaining Community Representative Directors will be appointed by
the Corporation from time to time as determined by the Board to represent the interests and
diversity of the community at large.
Section 3.2 Terms of Directors.
3.2.1 The terms of the Directors appointed by governmental authorities are specified
in the Articles of Incorporation; such Directors are subject to removal under
sections 3.6 and 6.12.
3.2.2 Each Designated Primary Artistic Director shall serve at the will of the
Designated Primary Artistic Organization which appointed him/her, and shall
serve until he/she resigns or is removed either by the respective Designated
Primary Artistic Organization, or by the Corporation as provided in Sections
3.6 and 6.12. Upon the occurrence of any vacancies of a Designated Primary
Artistic Director, the corresponding Designated Primary Artistic Organization
shall designate a replacement to fill such vacancy.
3.2.3 Each of the Directors appointed by the Designated African American and
Hispanic American Artistic Organizations shall serve renewable terms of
three (3) years, subject to removal under sections 3.6 and 6.12. At the
conclusion of each three (3) year term, the Nominating and Governance
Committee shall meet to review the status of the respective Designated
African American or Hispanic Artistic Organization. With the approval of the
Board, the Nominating and Governance Committee may: (i) continue the
designation of the previously designated organization, or (ii) may select a
new Designated African American or Hispanic Artistic Organization through
a public nominations process. In the event of a vacancy which occurs prior to
the expiration of a Director's term, the then Designated African American or
Hispanic American Artistic Organization (as the case may be) shall fill such
vacancy for the balance of the vacated three (3) year term.
3.2.4 The Corporation appointed Community Representative Directors shall be appointed for
a three (3) year term and shall be permitted to serve up to two consecutive three (3) year
terms, and may be re -appointed to the Board after ceasing to be a Director for one (1) year.
Any term limits of Community Representative Directors contained in Section 3.2, shall be
computed without regard to any prior time served to fill a vacancy.
Section 3.3 Professional Advisors to the Board of Directors. The Board shall form an
advisory group comprised of the Executive Directors or Presidents (or their equivalent) of the
Designated Primary Artistic Organizations specified in Section 4.3 of the Articles of
Incorporation whom shall be invited to attend such Board and Committee meetings as shall
be determined by the Board.
Section 3.4 Compensation of Directors. Individuals serving on the Board shall not receive
any stated salaries for their services; provided, however that nothing contained herein shall
preclude any individual on the Board from serving the Corporation in any other capacity and
receiving compensation therefore.
Section 3.5 Resignation. Any Director may resign from his/her office at any time by
delivering his/her resignation in writing to the Corporation, and the acceptance of such
resignation, unless required by the terms thereof, shall not be necessary to make such
resignation effective.
Section 3.6 Removal of Directors. Any Director may be removed as provided in Section
6.12 or for cause as determined by the Corporation, including violation of Board policy, by
the affirmative vote of the majority of the Board, provided such Director has been given prior
notice that the subject of his/her removal will be presented to the Board at a duly noticed
meeting.
ARTICLE 4.
COMMITTEES
Section 4.1 Committees. In addition to the Standing Committees set forth in the Articles of
Incorporation, the Management Committee, as defined in the Cooperation Agreement
between the Corporation and the Performing Arts Center Foundation, shall be a Standing
Committee. In addition thereto, the Chairperson may from time to time create such ad hoc
Committees as he/she may deem appropriate in consultation with the President of the
Corporation.
Section 4.2 Committee Members. Except for the Executive Committee and the
Management Committee, Committees may include persons who are not Directors. Except for
the Executive Committee and, to the extent provided in the Cooperation Agreement, the
Management Committee, the members of each committee and the committee chairperson
thereof shall be appointed by the Chairperson, unless otherwise provided herein.