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Partnerships Jor a NEW MIAMI To: Honorable Mayor and Me b s of the City Commission From: N. Patrick Range, h Norman C. Powe Model City Trust Model City Tru Subject: Timeline of Activities Related to Homeland Defense funding Date: June 8, 2005 It has come to our attention at the City Commission meeting of May 26, 2005, certain comments were made to allege that the Model City Trust deliberately and calculatedly misled the Bond Oversight Board regarding the use of Homeland Defense bond proceeds. The designated bond proceeds were earmarked for Model City Infrastructure Improvements and the Model City Trust approached the Bond Oversight Board about utilizing these funds to resolve the issue related to land banking. We are deeply disappointed that the Model City Trust remains the focus of relentless malicious attacks. These attacks, with constant barrages of misinformation, seem calculated to create a jaded impression and undermine the efforts and progress of the Model City Trust. Truth seems constantly sacrificed at the altar of politics. No matter how much the Model City Trust tries to advance the truth, our cause is lost in the mire of deliberate misinformation played on a scale we can not seem to match. Consequently, we find ourselves spending more time defending against the lies, to the exclusion of meeting what are mutual objectives, which is to create a livable and sustainable environment in the Model City area. Here we are once again defending - with the truth. Fortunately, there is an extensive paper trail and several independent sources that detail the circumstances surrounding the Model City Trust presentation to the Bond Oversight Board: Linda Haskins made the recommendation at her last meeting as a member of the Board of Directors (February 2003) for Homeland Defense Model City Infrastructure Improvement bond proceeds be used to resolve the issue related to land banking identified by the Department of Community Development in February 15, 2003. (Minutes of Board of Directors Meeting of February 10, 2003 - TAB SUBMITTED INTO THE PUBLIC RECORD FOR ITEM Am.g- ON 6-9-os. 65-605-71 ai 2. Marva Wiley made a presentation on behalf of the Model City Trust at the Audit Committee meeting of the Bond Oversight Board to request the $1,815,133.33 identified in the letter from Community Development of February 15, 2003. The Bond Oversight Board approved the allocation. (Bond Oversight Board Minutes of March 2003/Statements from Audit Committee Members - TAB 2) The Bond Oversight Board approved the "swap"; the City Commission allocated the funds on May 8, 2003, (Resolution No. 03-479 - TAB 3). 4. The Department of Community Development noted that approximately $600,000 in land acquisition expenses had not been captured in the letter of February 15, 2003 that was sent to the Trust to identify the land banking issue. Model City Trust staff noted that several transactions in the attachment to the letter of February 15, 2003, were erroneous because ten (10) of the properties on the list had not closed. (Letter from Model City Trust of June 2003). Community Development provided no documentation of land acquisition expenses to support the actual transactions that were said to have created the land banking issue. 5. On October 23, 2003, the City Commission approved a joint project for the implementation of Floral Park infrastructure improvements that allocated $2 Million from a source to be identified by the City Manager (Resolution No. 03-1113 - TAB 4). 6. The Bond Oversight Board approved an additional $1.8 Million to address the additional acquisitions that were later identified by Community Development and to address "current" acquisitions. At that time, Homeland Defense Vice -Chair Manolo Reyes (Commissioner Gonzalez' appointment) asked whether this transaction was legal. Board Counsel/ Assistant City Attorney Rafael Diaz explained that the Board could not authorize any illegal activity as a matter of law; thus, any illegal authorization of the Board would be void. 7. On April 22, 2004, the City Commission approved the additional $1.8 Million (Resolution 04-0271 - TAB 5). o = 0 c 0 44 c c et 8. Auditor General conducted an audit on the transactions related to the Homeland Defense/Neighborhood Improvement Bond and released findings on April 2, 2004, which suggested bond counsel review the transaction. Barbara Rodriguez co -signed a memorandum with Marva Wiley to reflect that the "swap" would be honored by both Community Development and the Model City Trust. (Audit No. 04-014 - TAB 6) 9. In a meeting with Commission Johnny L. Winton, Marva Wiley, and several City staffers, Barbara Rodriguez made the recommendation that the reimbursement to HUD not be made pending the monitoring report from U.S. HUD. 10. Bond Counsel (Squire, Sanders, Dempsey) released its opinion on July 2, 2004, that noted transactions were only qualified to the extent that the properties would be used for a public purpose AND the transaction (acquisition) occurred after November 10, 2001. Only $1.49 Million of the acquisitions met this two part test. (see Bond Counsel Opinion - TAB 7). 11. Model City Trust staff identified transactions that met Bond Counsel's two part test to enable the reimbursement to HUD for $1,815,133.33 on September 9, 2004, and distributed bond counsel opinion when Community Development expressed a new urgency in satisfying the reimbursement. 12. The additional $1.8 million was directed toward land acquisition and acquisition related expenses that met Bond Counsel's two part test. 13. On September 24, 2004, Finance made the wire transfer to reimburse $1,815,133.33 to the U.S. Department of Housing and Urban Development (HUD). (see City's financial record - TAB 8) 14. At a Bond Oversight Board meeting of March 2005, Marva Wiley provided an update on the reimbursement to HUD and the anticipated uses of the balance since no major additional acquisitions were projected. o 15. At the City Commission meeting of May 26, 2005, the City Commission was asked to program $1.5 Million of the $2 Million allocated but unfunded from the October 2003 Resolution from Community Development Block Grant (CDBG) funds for the Floral Park Infrastructure Improvements. If you have any questions regarding any of the documents or statements of facts listed above, please feel free to contact Marva Wiley at (305) 635-2301 x375. c. Jorge L. Fernandez, City Attorney Priscilla Thompson, City Clerk Victor Igwe, Auditor General Submitted Into the public record in connection with item /M. on Priscilla A. Thompson City Clerk CERTIFICATION OF MINUTES I hereby certify that the minutes of the Model City Trust Board Meeting held on February 10, 2003, attached hereto are the official minutes and have been duly approved by the Board of Directors of the Model City Trust at its regularly scheduled meeting on April 14, 2003. Vincent Mitchell moved the minutes for approval. Hector Brito seconded. The motion passed unanimously among those present. Interim Director STATE OF FLORIDA COUNTY OF MIAMI-DADE ) Subscribed and sworn to before me by MARVA L. WILEY, the Interim Director, as the official recordkeeper of the Model City Trust, who is personally known to me, on the 15th day of April, 2003. My commission expires: IRIS M. HUDSON Y COMMISSION 1 CC 823222 EXPIRES: July 11, 2003 ridd Thu Wary Pib�c Underwrite NotaryPublic, State o Submitted Into the public record in connection with item on 4:1-4-_ Priscilla A. Thompson City Clerk Partnerships for a NEW MIAMI MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST BOARD OF DIRECTORS MEETING (REVISED) CHARLES HADLEY PARK CARRIE P. MEEK SENIOR CITIZENS AND CULTURAL CENTER 1350 NW 50th STREET MIAMI, FLORIDA 33147 MONDAY, FEBRUARY 10, 2003 AT 5:30 PM AGENDA I. Welcome and Introductions II. Action Items: A. Approval of Minutes of January 13, 2003 Meeting B. Partnership with Martin Luther King Economic Development Corporation (Supplemental Item) III. Discussion Items: A. Trust Board of Directors' Workshops Summary B. Urban Land Institute Model City Panel Draft Report C. Homeownership Zone Community Planning Workshops Calendar D. Trust Board of Directors' Projected Workshops IV. Other Business V. Public Comment VI. Adjournment Submitted Into the public record in connection with item A/A.7- on • i-of Priscilla A. Thompson City Clerk MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST BOARD OF DIRECTORS MEETING Monday, February 10, 2003 at 5:30 PM Charles Hadley Park Carrie P. Meek Senior Citizens and Cultural Center 1350 NW 50th Street Miami, Florida 33147 Chair Shalley Jones called the meeting to order at 5:40 p.m. Board Members Patrick Range, Lucia Dougherty and Linda Haskins and Acting President/CEO Gwendolyn C. Warren were in attendance. Board member Hector Brito joined the meeting at 5:47 p.m. Others in attendance included: Maria J. Chiaro, Assistant City Attorney; Karen Cooper, Model City NET Administrator; and Barbara Gomez -Rodriguez, Acting Director of the Department of Community Development. Due to health considerations, Board member Willie Pearle Porter has resigned from the Board. Chair Jones welcomed and thanked the Board members for attending the meeting and welcomed guests from the community. She extended the Board's congratulations to Board member Linda Haskins on being named Chief Financial Officer of the City of Miami. She asked Board member Haskins to explain her role and responsibilities in the Administration. Board member Haskins began her comments by noting that the Mayor's reorganization concept is to operate the City more along the lines of a private sector enterprise and make it more responsive to residents. The new City Manager, now called the Chief Executive Officer or Chief Administrator, has been appointed and he has made some immediate changes. Assistant city manager positions have been eliminated to create new positions as follows: Chief Financial Officer; Chief Information Officer; Chief of Neighborhood Services; and, Chief of Strategic Planning, Budgeting and Performance. In her new position, Board member Haskins oversees the City's departments of Finance, Purchasing, Community Development, Risk Management, and more. Chair Jones asked if the work of the Trust would fall under her purview and Board member Haskins responded that it would. Action Items: Approval of Trust Board of Directors Meeting Minutes - January 13, 2003. Vice - Chair Patrick Range made a motion to approve the minutes and Board member Hector Brito seconded the motion. Chair Jones indicated that she had an amendment. At the beginning of the Public Comment, she had informed the guests that they could contact the Trust directly at Hadley Park. She said that the Acting President/CEO noted that staff could be contacted at Hadley Park, (305) 1 Submitted Into the public record in connection with item ovA. .1. on 4-1•44 Priscilla A. Thompson City Clerk 634-5791, Extension 331 for Tieesha Taylor and (305) 634-5791, Extension 332 for Jeffrey Whitaker and she could be contacted at the City's Administration building on SW 2nd Avenue, (305) 416-1033. The telephone numbers were given at the meeting but had not been listed in the minutes. Her amendment would add the numbers. Vice -Chair Range moved the approval of the minutes, with the amendment. Board member Brito seconded the motion and the minutes were approved as amended. Partnership with Martin Luther King Economic Development Corporation. Acting President/CEO Gwendolyn Warren noted that at the last meeting the Board had asked her to meet with Billy Hardemon, Chairperson of the Martin Luther King Economic Development Corporation (MLK-EDC), relative to his announcement at the January meeting regarding the national effort to redevelop Martin Luther King Boulevards in major cities nationwide and the local effort in particular. After meeting with Mr. Hardemon, Acting President/CEO Warren believes that the vision of the MLK Reclaim the Dream Committee is consistent and complementary to the Model City Trust's efforts. The Boulevard (NW 62nd Street) is a major artery for travel throughout the City, particularly in the Community Revitalization District, in part because it is a major exit from 1-95. Acting President/CEO Warren indicated that, with the Board's approval, the Trust would direct Dover, Kohl, the master planners for the Homeownership Zone, to develop a plan to reclaim the Boulevard for its full expanse in the Model City Community Revitalization District. She noted that the Dream Committee is additionally seeking the support of Miami -Dade County and the City of Miami to incorporate the full length of Martin Luther King Boulevard (from Biscayne Boulevard to Hialeah). Mr. Hardemon spoke and urged the support of the Trust. Board member Haskins applauded working with the County and noted that the Trust would expect to have input in all deliberations to ensure a consistent look for the full length of the Boulevard. Mr. Hardemon announced that on April 4, 2003, the 30th Anniversary of Dr. King's assassination, there will be a number of events and he asked the Trust to co-sponsor that activity. With a formal motion being unnecessary, the Board gave its approval of the partnership and directed the Acting President/CEO to continue the discussions with Mr. Hardemon and to keep the Board informed of the progress. Discussion Items: Trust Board of Directors' Workshops Summary: Acting President/CEO Warren referred the Board members to the summary paper in the meeting materials covering the workshops of December 13, 2002, and December 16, 2002, related to the governance structure and the financial analysis respectively. She noted that at the December 13th workshop the Board reviewed the committee structure that had been created by the Chair, several months prior to the workshop, and spoke in detail about each committee. 2 submitted Into the public record in connection with item /21•...2• on _Eifit Priscilla A. Thompson City Clerk • Homeownership Committee: Chaired by Chair Shalley Jones, this committee is proposed to address issues related to credit repair, down payment assistance, financial management, problem -solving and job/career development programs with the primary focus being the low and moderate income residents who are currently residing in the community. • Business and Economic Development Committee: Chaired by Vice Chair Patrick Range, this committee is proposed to focus on job creation, diversifying the tax base, retention and expansion of current businesses and the retention of current Model City residents. • Residential and Commercial Development Committee: Chaired by Board member Hector Brito, this committee is proposed to complement the efforts of the Business and Economic Development Committee and to focus on recruiting the retail and commercial establishments that will serve the needs of current and future residents, • Governance and Legislation Committee: Chaired by Board member Lucia Dougherty, this committee has responsibility for fact-finding and recommendations related to the Model City Trust's governance structure and the development and advocacy of the Model City Trust's state and federal initiatives. • Finance Committee: Chaired by Board member Linda Haskins, this committee is charged with reviewing and making recommendations regarding the Model City Trust's budget and strategies related to funding the various charges of the Model City Trust. At the workshop, the Board noted that the committee structure needs some additional definition and protocols and the Board discussed the usefulness of the workshop format. While the legislation creating the Trust calls for a minimum of one meeting per quarter, the Board initially met twice in its first month and has met once a month since. In December, the Board held its first set of workshops and, subsequently, the decision was made to hold monthly meetings two of the three months of the quarter and to hold workshops the third month. The next scheduled workshops will be in March 2003. The Board also addressed its priorities in meeting the goals and objectives the Board approved in its Annual Plan. Significant among those priorities, not in a specific order, included the following: the development of a small business assistance center; development of a transparent relationship with the City; assurance of a positive, fluid information exchange with City officials; identification of strategic partnerships/linkages to help the Board realize its redevelopment goals; and development of a homeownership one stop center to include training and down payment assistance. The Board's discussions also included the core values the Board believed to be most important in its interaction as a Board. Those identified values are openness, honesty, cooperative spirit and integrity. Submitted Into the public record in connection with item AM-..). on 6 • 1- or Priscilla A. Thompson City Clerk Acting President/ CEO Warren reported that the team of experts interviewed at the December 16, 2002, finance workshop were asked to submit a proposal based on the statement of work approved by the Board at the Board meeting of November 12, 2002. That proposal was received by staff just the workday prior to the February Board meeting and will be reviewed and discussed at the March workshops. Acting President/CEO Warren reported that staff had developed a draft of proposed by-laws, based on the legislation creating the Trust and by referring to existing by-laws for other semi -autonomous agencies of the City: i.e. Bayfront Park Management Trust; Miami Sports Exhibition Authority; and Miami's Community Redevelopment Agency. She recommended that the draft be reviewed by Board member Dougherty and the Governance and Legislative Committee before it goes to the City's Law Department and subsequently returned for Board review and action. Chair Jones noted that at the previous meeting there was public discussion about the make up of the Board and she asked how many Board members are authorized in the legislation that created the Trust. Acting President/CEO Warren responded that the legislation calls for a total of seven (7) members: six (6) to be appointed by the City Manager, from business related sources and confirmed by the City Commission and one (1) public advocate member to be appointed by the District Commissioner. She said that currently there are five (5) members with one business member to be appointed and the public advocate position is open. The Chair noted that it has been, suggested that a community - based person, other than a public advocate, be appointed to the Board. Acting President/CEO Warren said that any change in the legislation could only be achieved through the City Commission. Urban Land Institute Model City Panel Draft Report. Acting President/CEO Warren noted that the next item on the agenda, the Urban Land Institute (ULI) Model City Panel Draft Report was germane to their current discussion. The City Commission engaged ULI to complete a panel assessment of the project prior to the formal swearing in of the Board. Staff received the final draft, which included a two -pronged recommendation, relative to the governance structure and the Homeownership Zone Project. The Panel states, unequivocally, that a community partnership is a key to the success of the project. The Panel recommends that the Trust become a 501(c)(3) organization and that it put in place both a Community Housing Development Organization (CHDO) and a Community Economic Development Organization (CEDO). Designation as a CHDO would provide a variety of advantages, particularly greater flexibility in the use of federal funding. Acting President/CEO Warren noted that it was also 4 Submitted into the public record in connection with item MU?. on acipo' Priscilla A. Thompson City Clerk critical that the Trust have in place a program of housing subsidy to assist those Section 8 housing residents who helped to generate the urgency the Commission felt to create the Trust. These residents were relocated out of the community, with a commitment of the Commission to assist in their return to the community as homeowners. She pointed out that the ULI was particularly silent on the membership of the Board issue. The Panel's analysis centered around a broadened focus such that the Trust would include all Districts Citywide and that the individual Districts would be represented by the Public Advocate position, which would be a paid position. Board member Dougherty suggested that the Board could pass a resolution recommending that the City Manager consider eligible individuals from a community based organization in appointing the sixth member of the Board. Board member Brito asked if the Trust had the authority to apply for the 501(c)(3) designation and the CHDO and CEDO. Board member Dougherty said she was unsure and felt it was an issue that needed to become before her committee. Board member Haskins noted that the CHDO designation would be very useful; noting that federal funding had been used to acquire land and now there is a problem. Under the federal rules the construction has to begin in one year and some of the acquisition was done last February. Board member Haskins suggested that proceeds from the Homeland Defense/ Neighborhood Improvement Bond might be available to swap with the HUD funds to comply with the law, and then the HUD funding would be earmarked for infrastructure improvements. Vice -Chair Range returned to the issue of the sixth Board member and asked if Board member Dougherty's suggested resolution- was meant to change the legislation. Board member Dougherty responded that the resolution would only be a recommendation to the City Manager. Acting President/CEO Warren pointed out the legislation states that the qualifications require the individual candidate to have expertise in a field key to the redevelopment activity. She further noted that it couldn't be a community -based organization but only an individual. With that understanding, Board member Dougherty moved that the Board recommend through resolution that the City Manager consider an individual involved in a community based organization, with the requisite qualifications defined in the ordinance, in making the appointment of the sixth Board member. Vice -Chair Range seconded the motion. There was no further discussion and the motion was passed. Board member Dougherty asked if anyone other than herself had been appointed to her committee. There was general discussion about those issues being resolved at the workshops scheduled for March. 5 Submitted Into the public record in connectio Wth item /1/4•A on Priscilla A. Thompson City Clerk Homeownership Zone Community Planning Workshops Calendar Trust Board of Directors' Projected Workshops Acting President/CEO Warren is planning to finalize the Community Planning Workshops with Dover Kohl and Associates and the Department of Planning and Zoning. She will be contacting each of the Board members' staffs to clear available dates and will finalize the dates for the Board workshops at the same time. Other Business. Board member Haskins stated that the review of the Interlocal Agreement, which had been under the purview of Bob Nachlinger, former Assistant City Manager for Finance and Administration, would now be negotiated by the City Manager/Chief Executive Officer. In her current position as Chief Financial Officer it would fall under her purview, but it would be a conflict of interest as a result of her being on the Board of the Trust. Chair Jones reminded Board member Haskins that she had indicated that the City's new Department of Special Events would be a possible funding source for the cultural activity at Hadley Park that the Trust wanted to support in exchange for office space at Hadley. She asked the status of that possibility. Board member Haskins referred to Acting President/CEO Warren who presented a recommendation to the Board. The Board had budgeted $40,000 for a build out to create office space in the old administration building at the Park. The lowest response to the bid was almost $75,000. The District 5 Commissioner has proposed the use of Homeland Defense/Neighborhood Improvement Bond funds designated for District 5 park improvements to fund the renovation. In exchange, the Trust would redirect the budgeted $40,000 from General Funds in the Trust's budget to the proposed cultural activities in the Carrie P. Meek Senior Citizens and Cultural Center. Acting President/CEO Warren explained that this would be a one time commitment of funds from the Trust and by next year the activity could possibly be eligible for funding under the Department of Special Events. There was general discussion about the benefits of the proposal allowing the Trust to complete the build out without budgeting additional funds and being able to also support the cultural activity at the Center. Acting President/CEO Warren pointed out the critical need for space, especially in light of the multitude of changes happening at the MRC. Vice -Chair Range moved to accept the proposal. Board member Haskins seconded the motion and the motion was passed. Board member Brito asked if the proposed March workshops could be scheduled at Hadley Park to encourage community participation. There was general discussion about a miscommunication in announcing the December workshops that contributed to a lack of community attendance. Acting President/CEO 6 Submitted Into the public record in connection ith item #40.01. on Priscilla A. Thompson City Clerk Warren said that the standard City process of notification of public meetings had been utilized and it had not been as effective as the Trust's method of Board meeting notification. Staff will utilize the same notification procedure that is used for the Board meetings. Board member Brito asked if developing a web site for the Trust had been considered. Acting President/CEO Warren responded that the development of a web site is included within the scope of work of Adkins & Associates. Public Comment Chair Jones invited Public Comment and also invited the guests to partake of the refreshments. She asked that each one limit their presentation to two minutes. Leroy Jones, Executive Director of Neighbors and Neighbors Association (NANA), expressed his thanks for staff having copies of the minutes available at this meeting. He distributed a letter that was basically a letter of demands created by the newly created Liberty City Coalition of community -based organizations. He said he had not yet had a response from the Acting President/CEO and therefore was presenting his letter to the full Board. He indicated that it was the Coalition's desire to be named for a community -based organization Board seat with their members serving on the Board in rotation. Chair Jones said that what he was requesting extended beyond the Board's authority but it could possibly be incorporated in the recommendation to the City Manager. Mr. Jones expressed his worry that the City Manager may not be sensitive to the neighborhood and might appoint someone that the Coalition could not support. Chair Jones said that the recommendations from the Manager would be published and they could make their feelings known at that time. Mr. Jones continued saying that he would like a copy of -the ULI Report since he was one of the individuals the Panel had interviewed. He said that NANA had received a notice of the cancellation of the December Board meeting and mistook that as cancellation of the workshops. He was glad that it would be clearer for the March workshops. He said that some of the small business owners had met with him and voiced concerns about the redevelopment activity. He suggested they attend this meeting and ask their questions directly and he noted that many of them were in attendance. Chair Jones asked that each person give his or her name, the name of their business and the location of the business before stating his/her concern. She suggested that Vice -Chair Range's committee would also be available to meet with them. Vice -Chair Range indicated that he has already met with a number of the businesses. 7 Submitted Into the public record in connection item P.4. on 4, Prisc A. Thompson City Clerk Ben Robinson, Ben's Automotive Repair, 5600 NW 17th Avenue, stated that everyone keeps saying that we will talk, but we never do. He says he is barely making it. He needs some funding. Chair Jones said that she did not have the answer to his question and similar questions about immediate support. She asked what the Trust could do in the interim and looked for some dialogue about that. She noted that the County needs to be involved as well. Leroy Jones pointed out that so many buildings had been demolished and the customer base has been reduced. He cited a long time business, Shakers Conch House at 5330 NW 17th Avenue, was closing because of that. Vice -Chair Range indicated that there was no definite answer. He indicated that he, too, had talked with the Shakers owner and the reduction in the customer base was not the only reason for the closing. Vice -Chair Range further expressed the owner's belief that the closing was just temporary. He noted that the Trust couldn't develop the business corridor and bring in new businesses without the customers to support it. He, too, has seen a decline in his own business. He will discuss possibilities with the Acting President/CEO. Chair Jones asked if the Depaitinent of Economic Development could help. Board member Linda Haskins said short-term solutions are needed but Economic Development does not have any grant authority. There may, however, be some access to some resources. She suggested that it might be helpful to meet with Keith Carswell, the newly appointed Director of the Department and suggested it might be useful to invite him to attend the upcoming Workshop, because a clear focus of Economic Development is commercial revitalization. Chair Jones agreed that the Board should move in the direction suggested by Board member Haskins and look into any short-term suggestions. She asked the President/CEO to arrange a meeting with Mr. Carswell and that she might want to consider including a community person, such as Mr. Jones, in that meeting. Mr. Jones questioned the use of $40,000 for cultural activities when the small business people are so in need. Chair Jones responded that those dollars were not the answer and that what we were discussing was trying to find some possible short-term solutions. Mr. Donald Ivery, Tasters Choice Seafood Restaurant, 5931 NW 17th Avenue, asked when the construction was to begin. Acting President/CEO Gwendolyn Warren replied that it would be approximately one year, in February 2004. 8 Submitted Into the public' record in connection with item oiloq..1 on 014 Or Priscilla A. Thompson City Clerk Ms. Diane Carr, Miracles, 7070 NW 15th Street, said that she has not been able to find any financial help and that she could not even borrow money. Ms. Regina Miller, of Miller's Variety, 6804 NW 15th Avenue, asked about a facade program to improve the looks of the stores. In general discussion about a facade program, Leroy Jones noted that the City did not have any such program. Elaine Black, Director of Tools for Change asked if it wasn't time to have some beautification process. Mr. Jones asked who in the City could lead such a process. Board member Haskins suggested that the Martin Luther King Reclaim the Dream Committee might be the best central source for such activity. She introduced Michelle Spence, who is working for the mayor's office in special events and suggested assistance could be found in that area. Billy Hardemon asked if the meeting materials could be made available to the public. Acting President/CEO Warren said that a special binder could be put together for each meeting for interested parties to review before the meeting. Mr. Hardemon further noted that Sears had donated paint, plants, etc. to help in the MLK Project and some of those donations could be used in a beautification process. Mr. Herschel Haynes, Hadley Park Homeowners Association, made reference to Board member Haskins' earlier remarks about the use of federal funds and the possibility of reprogramming the funds to fit federal requirements. It is his belief that millions of dollars over the years had been earmarked for the neighborhood that had never been used and were returned to Washington, D.C. He noted that now Acting President/CEO Warren had said that construction was still a year away and he asked Board member Haskins why some of those dollars could not be used now. Board member Haskins replied that the funding guidelines do not permit other uses and the suggested reprogramming of funds was to keep in compliance and still have use of the federal funds. Mr. Haynes asked why it was helpful to the Board to become a 501(c)(3) organization. Chair Jones responded that no decision had been made to that effect, it is only under discussion and his inquiry could be better answered after the Workshop. Mr. Roy Hardemon noted that he had been sitting in the back of the hall listening to the proceedings of the meeting and he was impressed to hear that the Trust Board is moving so positively to help the residents of this neighborhood and especially those who had been displaced and wanted to come back. He said he 9 Submitted Into the public record in connect° item on of Priscilla A. Thompson City Clerk was very proud of the Trust Board. There was an immediate round of applause from Board and guests alike for Mr. Hardemon's support. Mr. Bernie Dyer noted that a lot of land in the neighborhood was sitting vacant, including commercial property. He suggested using it on an interim basis, such as flea markets, etc. to establish a marketing tool. He noted that Liberty City should be part of a regional marketing program to encourage tourists, especially from the Islands to come into Liberty City to shop. Vice -Chair Range thanked Mr. Dyer for a very good suggestion and asked Mr. Dyer to serve on the Business and Economic Development Committee with him. Gussie Hitchmon, Happy Buck, 1089 NW 54th Street, said she had heard that over $200M was being spent on the Model City Project. She asked how much of that was earmarked for small businesses. Chair Jones responded that it would not be possible to make an estimate at this point. Speaking on behalf of the Trust Board, Chair Jones stressed the importance that the retention and expansion of existing small businesses has on the overall success of the redevelopment strategy in the Model City neighborhood. That, along with other issues, is being discussed in a continuing dialogue and she will bring reports back to the community on a timely basis. Chair Jones thanked the Board and the visitors for their attendance and finding there was no further business, adjourned the meeting at 7:37 p.m. Submitted Into the publiol 1 0 record in connection with item NA on AS Priscilla A. Thompson City Clerk eeliz ►rjgdo �ii(; IhDesBtpcawd,: t 7r'i �lCon r u s�'4nI s trier rat+i G: 0Ttc F. M e o J ua 1 , 2003, ° ee.,n utartitr i other Ktn • COto c ^'f �m ial iier"� els Interested indw�duare encouia ri etin y�i is` accessible retha hi C Iho SurrTn f°enet ra unto Pfanrnn ttenci: th s obi meeti Submitted Into the public record in connection ith item N 4.? on Priscilla A. Thompson City Clerk HOMELAND DEFENSE/ NEIGHBORHOOD IMPROVEMENT BOND OVERSIGHT BOARD MINUTES 3-23-04 - 6:00 P.M. CITY OF MIAMI CITY HALL - CHAMBERS 3500 Pan American Drive MIAMI, FLORIDA 33133 The meeting was called to order at 6:15 p.m., with the following members found to be present: Ringo Cayard Walter Harvey David E. Marko Suzanne Peters Gary Reshefsky Jami. Reyes Manolo Reyes (Vice Chairman) Luis de Rosa Ronda Vangates ABSENT: Rolando Aedo Luis Cabrera Steven Caseres Mariano Cruz Robert A. Flanders (Chairman) Notes for the Record: Board Member Cayard entered the meeting at 6:25 p.m. and exited the meeting at 7:29 p.m. Board Member Harvey exited the meeting at 7:24 p.m. Board Member Vangates exited the meeting at 7:24 p.m. Submitted Into the public record in connection item Ofl Priscilla A. Thompson City Clerk ek 1 HD/NIB 3/23/04 APPROVAL OF THE MINUTES OF THE MEETING OF FEBRUARY 24. 2004. HD/NIB MOTION 04-27 A MOTION TO ADOPT THE MINUTES OF THE MEETING OF FEBRUARY 24, 2004. MOVED: L. de ROSA SECONDED: R. VANGATES ABSENT: R. AEDO; R. CABRERA; S. CASERES; R. CAYARD; M. CRUZ; R. FLANDERS Note for the Record: Motion passed by unanimous vote of all Board Members present. Note for the Record: An announcement was made on the record regarding a correction to the January 27, 2004 minutes at Page 15. The last sentence on Page 15 was corrected to reflect: "The lack of progress is 'not' at the City level." II. OLD BUSINESS: • ORDINANCE AMENDING CHAPTER 2, ARTICLE XI, DIVISION 14 OF THE CODE OF THE CITY OF MIAMI, FLORIDA. HD/NIB MOTION 04-32 A MOTION OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND OVERSIGHT BOARD (THE BOARD) RECOMMENDING THAT IF ANY PARTICULAR ITEM IS BROUGHT BEFORE THE BOARD FOR CONSIDERATION AND SUCH ITEM HAS A VALUE OF LESS THAN FORTY-FIVE THOUSAND DOLLARS ($45,000), AND IS NOT APPROVED BY THE BOARD, THEN SUCH ITEM SHOULD BE PLACED ON THE NEXT AVAILABLE REGULAR COMMISSION AGENDA FOR FURTHER CONSIDERATION BY THE CITY COMMISSION; FURTHER RECOMMENDING THAT IF THE CITY MANAGER DECIDES NOT TO ACT ON SUCH ITEM, THEN THE ITEM SHOULD NOT BE PLACED ON A COMMISSION AGENDA FOR FURTHER CONSIDERATION BY THE CITY COMMISSION. MOVED: D. MARKO SECONDED: L. de ROSA NAYS: R. CAYARD; S. PETERS; J. REYES; M. REYES; ABSENT: R. AEDO; L. CABRERA; S. CASERES; M. CRUZ; R. FLANDERS Note for the record: Motion passed by a vote of 5/4. Submitted Into the public record in connection with itemMi.?. on 'Vo-- 2 Priscilla A. ThomP rz3ro4 City Clerk HD/NIB MOTION 04-32.1 A MOTION OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND OVERSIGHT BOARD (THE BOARD) REQUESTING THE CITY ATTORNEY TO PREPARE A DIRECTIVE TO CITY STAFF REFLECTING THE FOLLOWING: IF THERE IS AN OPPOSING VOTE ON ANY PARTICULAR ITEM BROUGHT BEFORE THE BOARD FOR CONSIDERATION, THE CITY COMMISSION SHOULD BE INFORMED OF SAME BY CITY STAFF, IN WRITING, BY WAY OF A LEGISLATIVE MEMORANDUM, AND PRESENTED AS PART OF A LEGISLATIVE PACKET AND PLACED ON A REGULAR COMMISSION AGENDA FOR CONSIDERATION BY THE CITY COMMISSION AS OPPOSED TO BEING PRESENTED AND CONSIDERED BY THE CITY COMMISSION AS A NON - AGENDA ITEM; FURTHER, THAT THE LEGISLATIVE MEMO SHOULD REFLECT THE VOTE OF THE MEMBERS OF THE BOARD REGARDING THE ITEM CONSIDERED. MOVED: D. MARKO SECONDED: L. de ROSA ABSENT: R. AEDO; L. CABRERA; S . CASERES; M. CRUZ; R. FLANDERS Note for the Record: Motion passed by unanimous vote of all Board Members present. III. NEW BUSINESS: A. AUDIT COMMITTEE REPORT: • Increase in Contract for Orange Bowl Stadium Structural Repairs 2003. Total dollar amount: $500,000 Source of funds: HD/NIB-Orange Bowl Ramps & Improvements: Structural Repair Report by: Juan Ordonez - CIP Dept. Date approved by Audit Subcommittee: March 15, 2004 Scope of project: While conducting structural repairs under the contract, Orange Bowl Stadium Structural Repairs 2003, it was found that 15 of the 40 supports at the north side of the stadium show a different degree of deterioration and are in need of repair. Also, the four ramps that lead from the ground toward the concession concourse at "9-6" elevation present severe damage and deterioration and need to be replaced in a timely manner before the 2004 University of Miami football season begins. The Project is ADA compliant. The Audit Subcommittee recommended that a structural maintenance plan be provided re the project. ek 3 HD/NIB 3/23/04 HD/NIB MOTION 02-28 A MOTION TO ADOPT THE RECOMMENDED APPROVAL BY THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND (HD/NIB) OVERSIGHT BOARD AUDIT SUBCOMMITTEE OF THE ORANGE BOWL STADIUM 2003 STGRUCTURAL REPAIRS PROJECT; FURTHER RECOMMENDING THAT $500, 000 OF HD/NIB- ORANGE BOWL RAMPS AND IMPROVEMENTS -STRUCTURAL REPAIR FUNDS BE ALLOCATED TO THIS PROJECT. MOVED: L. de ROSA SECONDED: R. VANGATES ABSENT: R. AEDO; L. CABRERA; S. CASERES; M. CRUZ; R. FLANDERS Note for the Record: Motion passed by unanimous vote of all Board Members present. • Increase in Contract for Citywide Sidewalk Replacement for Shenandoah & Silver Bluff. Total dollar amount: Source of funds: Report by: Date approved by Audit Scope of Project: Construction, Inc., adopted March 27, September 25, 2003 additional work on Replacement Project Quality of Life ($200,000) and District 4 Quality ($100,000). The Project is ADA compliant. HD/NIB MOTION 04-29 $200,000 HD/NIB-District 4 Quality of Life Stephanie Grindell-Public Works Subcommittee: March 15, 2004 An increase in the contract with M.E.F. approved pursuant to Resolution No. 03-248 2003 and Resolution No. 03-1068 adopted in an amount not to exceed $200,000 for the project entitled Citywide Sidewalk Funds previously came from District 3 of Life A MOTION TO ADOPT THE RECOMMENDED APPROVAL BY THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND OVERSIGHT BOARD (HD/NIB) AUDIT SUBCOMMITTEE OF THE CITYWIDE SIDEWALK REPLACEMENT PROJECT FOR THE SHENANDOAH AND SILVER BLUFF NEIGHBORHOODS; FURTHER RECOMMENDING THAT $200,000 OF HD/NIB-DISTRICT 4 QUALITY OF LIFE FUNDS BE ALLOCATED TO THIS PROJECT. MOVED: J. REYES SECONDED: S. PETERS ABSENT: R. AEDO; L. CABRERA; S. CASERES; M. CRUZ; R. FLANDERS Note for the Record: Motion passed by unanimous vote of all Board Members present. ek 4 HD/NIB 3/23/04 • Quiet Title Action for Little Haiti Park Parcels 18, 60 & 61. Total dollar amount: $10,500 Source of funds: HD/NIB-Little Haiti Park Acquisition Report by: Madeline Valdes -Dept. of Economic Development Date approved by Audit Subcommittee: March 15, 2004 Description of Project: A quiet title action needs to be filed in order to obtain a title insurance policy for these properties for the development of Little Haiti Park. HD/NIB MOTION 04-30 A MOTION TO ADOPT THE RECOMMENDED APPROVAL BY THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND (H0/N7B) OVERSIGHT BOARD AUDIT SUBCOMMITTEE OF THE QUIET TITLE ACTION FOR PROPERTY LOCATED AT 6150 NE 4TH AVENUE, 299 N.E. 59TH TERRACE AND 303 NE 59TH TERRACE (PARCELS 18, 60 AND 61); FURTHER RECOMMENDING THAT $10,500 BE ALLOCATED TO THIS PROJECT. MOVED: SECONDED: ABSENT: W. HARVEY L. de ROSA R. AEDO; L. CABRERA; S. CASERES; M. CRUZ; R. FLANDERS Note for the Record: Board Members present. Motion passed by unanimous vote of all • Model City Trust — Additional $1.8 million for Replacement of HOME Investment Partnership Funds. Total dollar amount: Source of funds: Report by: $1.8 million HD/NIB-Model City Infrastructure Improvements Marva Wiley, Acting President, Model City Community Revitalization District Trust Date approved by Audit Subcommittee: March 15, 2004 Description of Project: Request is for an additional $1.8 million to increase the potential for the development of a mixed income community on the project area. Additional HOME Investment Partnership Funds are available for infrastructure in exchange for infrastructure designated dollars from HD/NIB funds being spent for land acquisition. The Board previously approved ek 5 HD/NIB 3/23/04 $1.8 million for this project in March 2003. The Trust has closed on 14 properties. HD/NIB MOTION 04-31 A MOTION TO ADOPT THE RECOMMENDED APPROVAL BY THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND (HD/NIB) OVERSIGHT BOARD AUDIT SUBCOMMITTEE OF THE MODEL CITY TRUST (THE TRUST) REPLACEMENT OF HOME INVESTMENT FUNDS PROJECT; FURTHER RECOMMENDING THAT $1.8 MILLION OF HD/NIB-MODEL CITY INFRASTRUCTURE IMPROVEMENTS FUNDS BE ALLOCATED TO THIS PROJECT, SUBJECT TO THE LEGAL OPINION OF BOND COUNSEL; FURTHER RECOMMENDING THAT THE TRUST PREPARE A LISTING REFLECTING EACH PIECE OF PROPERTY ACQUIRED WITH HD/NIB DOLLARS AND PRESENT SUCH LISTING AT THE APRIL 27, 2004 MEETING OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND OVERSIGHT BOARD. MOVED: L. de ROSA SECONDED: J. REYES ABSENT: R. AEDO; L. CABRERA; S. CASERES; M. CRUZ; R. FLANDERS Note for the Record: Motion passed by unanimous vote of all Board Members present. ek 6 Submitted Into the public' record in connection with item Non Priscilla A. Thomp n City Clerk HD/NIB 3/23/04 UPDATES: Model City Trust original $1,800,000 for Replacement of HOME Investment Partnership Funds. Report by Marva Wiley, Acting President of the Model City Community Revitalization District Trust. A finalized list as to what needs to be refunded is being prepared. Initially, the supporting documentation for the $1.8 million that was requested reflected a list of properties thought to have been acquired between February and May of 2002. The number that the City is requesting be refunded is now $2.4 million, reflecting several properties. There is a need to increase the amount to capture the full impact of the full list of acquisitions up to the present. Present total amount is $3.6 million. $2.4 million of that amount represents refunding of HOME funds or addressing prior acquisitions and additional payments charged for acquisitions through HOME funds and approximately $1.2 million represents current acquisitions. Bond counsel will provide a written opinion as to whether or not the manner in which the exchange/replacement/transfer of funds is being suggested is legal. 2. Model City Trust's Office Renovation at Hadley Park. Report by Marva Wiley, Acting President, Model City Community Revitalization District Trust. Ms. Wiley presented the Board with pictures of office renovations of the existing meeting room. The Trust moved into the office in January 2004. 3. Dinner Key Mooring & Anchorage Field Project. Report by Alexandra Argudin - Conferences, Conventions and Public Facilities Dept. The permit applications for the construction of the Mooring Facility was submitted to the Federal, State and County regulatory agencies January 12, 2004. The Marina Manager and Ms. Argudin met with the permitting representatives of these agencies on February 25, 2004 at Dinner Key to discuss the project, provide a tour of the anchorage and respond to some of the initial questions the agencies had re the project. A formal response to those questions from the City's consultant to the agencies is being prepared and will be submitted by April 11, 2004. The balance of the permitting process includes responding to questions and requests for additional information from the agencies, and it is hoped that the permitting process will be completed by the latter part of this year. To date, the City has expended $49,125 in engineering and consulting expenses related to the preparation ek 7 HD/NIB 3/23/04 and submittal of agency permit applications, and $7,288 in permit application fees. Approximately $15,000 will be expended in the removal of derelict vessels and other debris from the Dinner Key Anchorage area. These costs are all associated with Phase 1 of the project. Phase II will entail the actual construction of the mooring field and upland facilities. All permits should be in place by the end of the year. 4. Virginia Key Beach Park Improvements, Renovations & Repairs — Phase Report by Sandra Vega and Alberto Corales - CIP Dept. The project is 70 percent complete. The project is expected to be completed by July 2004. The structures that are presently being repaired are the carousel, the small bathhouse, the concession building, the tunnel, the large bathhouse the dance floor and a number of pavilions. The project is advancing according to schedule and according to budget. Photographs of the work in progress were presented to the Board. 5. Police Homeland Defense Preparedness Initiatives Report by Major Joseph Longueira - Police Department. A spreadsheet of the status of acquisitions was provided to the Board followed by a Power Point presentation which indicated what acquisitions have been made and what acquisitions are pending. 6. FEC Corridor Initiatives. Report by Carmen Sanchez - Economic Development Dept.; Enrique Nunez - Planning and Zoning Dept; Jorge Cano, CIP Dept. A handout of the work in progress was provided to the Board. The Department of Economic Development issued a Request for Qualifications (RFQ) to find adequate consultants to provide a transportation/financing/marketing plan. At present, one response was received re the financing component of the plan and only a couple of responses were received re the marketing and transportation components of the plan. The Purchasing Department suggested that the RFQ be re-released as individual components rather than as a group in hopes of getting a better pool from which to choose an adequate consultant to carry out the services and Economic Development is in the process of following up on this suggestion. The Department of Transportation has brought in a pool of industry consultants to review the scope of infrastructure element needs for that area and once all studies are done, a plan will be developed re infrastructure needs for the area. The FEC Regulating Plan ek 8 HD/NIB 3/23/04 iE .ct Fi. c addresses a number of urban design and zoning issues that are inadequately addressed in the existing Code, and the final draft of that plan is presently under review. 7. Gusman Hall Historic Renovations. Power Point presentation by Richard Heisenbottle, architect for the project. $500,000 of bond funds were appropriated to this project and were used for stage draperies, items relative to rigging, paint, decorative plaster, and audio equipment. The paintwork is approximately 75 percent completed. It is expected that all the paintwork will be completed by June 2004. In virtually every phase of the project, significant amounts of money have been allocated toward ADA improvements. 8. Preservation Development Initiative Grant. Report by Sarah Eaton, Preservation Officer. $57,500 were allocated as matching funds for the Preservation Development Initiative Grant which was received from the National Trust for Historic Preservation. The Trust matched the bond funds with $122,000. An assessment took place during the summer of 2003 and the City has recently received the assessment report. Director of Preservation Development Initiatives at the National Trust for Historic Preservation in Washington, D.C., Matt Nichols appeared before the Board and presented an update. The assessment report provided a series of observations and recommendations related to how historic preservation could be used as a development tool, specifically in core neighborhoods such as downtown Miami, Little Havana, Overtown and Edgewater. Primary recommendations will be considered in preparing a transfer of development rights ordinance for the City. Also recommended was a combined neighborhood revitalization program that would have a commercial main street program along Calle Ocho and a residential preservation program in East Little Havana related to the bungalow projects. A heritage tourism program called Miami's Legacy Program is also being developed and will be presented to the Conventions and Visitors Bureau. The National Trust has a loan fund which could be made available to the City to try to develop revolving funds for targeted neighborhood uses. ek 9 HD/NIB 3123/D4 9. Grand Avenue — Professional Services for Streetscape Improvements. 10. Brentwood Village — Professional Services for Streetscape Improvements. CIP Director Jorge Cano reported on the Grand Avenue and Brentwood Village Streetscape Improvements Projects. Grand Avenue is also a People's Transportation Plan Project of Dade County. The City will receive approximately $2 million from the County for this project. A joint participation agreement was approved by the County Commission on March 16, 2004. The project went through the Citizens Independent Transportation Trust Subcommittee on March 22, 2004 and will be in front of the full board on March 31, 2004. Bidding process is anticipated to commence at the beginning of April 2004 and construction to start around August/September 2004. The scope of the Brentwood Village Project is being revisited. The main reason is that the Risk Management Department provided feedback concerning issues relating to parking and ADA compliance. 11. Little Haiti Park Land Acquisition Parcels 55,56,57,58 & 93. Report by Madeline Valdes - Dept. of Economic Development. The City currently owns Parcels 55, 56, 57 and 58. Regarding Parcels 93 and 94 (Keystone Trailer Park), the owner is in the processing of clearing the sites and removing the tenants. There is a one-year statutory period in which the owner has to complete this effort, so closing is not expected until sometime in January 2005. 12. Land Acquisition for Future Fire Station at 749 NE 79 Street. Report by Madeline Valdes - Dept. of Economic Development. Closing has not occurred on this site. An issue exists with respect to a previous contract that is being contemplated in court. The property owner had a previous contract for sale. He advised the City that the contract had expired. However, the purchaser re that contract for sale placed an injunction against the site until the issue is determined by a court of law. Once a determination is made, the City can proceed with closing. ek 10 HD/NIB 3/23/04 c .` 13. Lemon City Park Grant. 14. Parks Master Plan. 15. Athalie Range Park — Court Improvements. 16. African Square Park — Court Improvements. 17. Henry Reeves Park — Court Improvements. 18. Henry Reeves Park — Playground Equipment. 19. Shenandoah Park — Court Improvements. 20. Southside Park — Court Improvements. 21. Riverside Park — Court Improvements. 22. Henderson Park - Court Improvements 23. Belafonte Tacolcy Park — Court Improvements. 24. Triangle Park — Court Improvements. 25. Sewell Park — Steel Picket Fence Project. 26. J. Pablo Duarte Park — Site Furnishings. 27. J. Pablo Duarte Park — Walkways. 28. Westend Park — Playground & Site Furnishings. 29. African Square Park — Playground Equipment. 30. Eaton Park — Project rescinded per community's request. 31. Hadley Park — Score Board. 32. Gibson Park Youth Center Hurricane Shutters. Ed Blanco - Parks & Recreation Dept. - reported on Items 13 through 32. Five projects were completed, including African Square Park Court Improvements, Southside Park Court Improvements, Riverside Park Court Improvements, Triangle Park Court Improvements and Hadley Park Score Board. 0 25 a, Two projects were rescheduled -- Belafonte Tacolcy Park Court 0 S s:(1 Improvements and Sewell Park Steel Picket Fence Project. <C Two late -starting projects -- Lemon City Park Grant and Gibson M Park Youth Center Hurricane Shutters. 13 23`C 0 Three cancelled projects -- Eaton Park Playground Equipment t8 E (Project rescinded per community's request), Shenandoah Park 07 0 Court Improvements and the Parks Master Plan. Eight projects are works in progress, including Athalie Range Park Court Improvements, Henry Reeves Park Court Improvements, Henry Reeves Park Playground Equipment, Henderson Park Court Improvements, Juan Pablo Duarte Park Site Furnishings, Juan Pablo Duarte Park Walkways, Westend Park Playground & Site Furnishings and African Square Park Playground Equipment. ek 1 1 H DINIB 3/23/04 IV. CHAIRPERSON'S OPEN AGENDA: No open agenda. V. ADDITIONAL ITEMS: No additional items. There being no further business to come before the Board, the meeting was adjourned at 8:12 p.m. 12 Submitted Into the public record in connection with item iv* Aon 6 5' Priscilla A. Thompson City Clerk ek HD/NIB 3/23/04 § 0.c a) -2 lb) o c c c a E .o Board member Reshefsky: OK, next item. By the way, Ed, thank you for your diligence coming to the Board on all things, big or small so far, so thank you. The next item is the Model City Trust, and we have two items before us on that issue, and because we never really had an orientation about Model City Trust, and there's a number of dollars in the bond offering for them, I wanted Marva Wiley, who's a very talented person from the City, now from Model City to just give us a brief overview of the Model City Home Ownership Trust Zone. I'm sure I didn't ay it correctly, and then we'll talk about the two items that she brought before the Board. Marva Wiley (Acting CEO, Model City Trust): Thank you, Gary. The name has been through a few iterations over various ordinance changes, but it im currently called the Model City Community Revitalization District Trust. The boundaries of the Model. City Community Revitalization District basically mirror the Model City NET Office from State Road 112 on the southeru border, north to the northern City limits, west to the western City limits and I-95 is the eastern border. Within the Model City Community Revitalization District, the principal pilot project is a home ownership zone, which is depicted here. The Model City Home Ownership Zone is between 1.2th and 17 Avenue, 54th Street and 62nd Street, primarily, but an additional area was added subsequently between 58th Street and State Road 112, 17th and 19th Avenue. I know I went through that quickly. Any questions on that? Just to give you a quick overview. I was given five minutes, so I'm trying to be- quick yet comprehensive. Within the northern section, which is the colored area you see here, tha Model City Trust ig attempting to acquire all of the property to demolish and build new homes. What you see is the result of the master planners who have looked at how best to re - plat, reconstruct the streets so as to create a more inviting environment. You'll see the mini parks that are added throughout the area This is currently an elementary school, ciE 0 m Orchard Villa Elementary School, and to the west of the school cox is where the playground currently exists. What the plan E partially contemplates is moving that playground to be contiguous to the Orchard Villa Elementary School, eliminating the need to cross the street for the kids starting down on that 04 end, but you'll see also several little mini parks throughout A the area. Currently, at 15th Avenue and 6el Street, there is a 3 park called African Square Park. The plan is to replace that African Square Park with a public building that will house the new Model City NET Office, as well as a comniunity hui lding that would include a technology center and public hearing facility for meetings of this sort and others that might develop and be ek 1 Homeland 3/25/03 Excerpt re Model City Trust Tidtr3 2— necessary in the community, replacing the green spdce that would be consumed by that -- that African Square Park currently provides that the public building would replace would be this green space behind it, expanding the area, making it more inviting. Some of the renderings we have elsewhere talk about similar water parks with little fountains where the kids can play. Several of the scenes you'll note.throughout deal with how to make the Model City community which has, over the last several decades, particularly endured a very negative reputation, based on the density primarily and the concentration of poverty in the area, multi-Edmily buildings that pretty much predominate between 58" Street and 62nd Street concurrently. The Trust is looking at reducing that density substantially, creating primarily single-family detached homes, some row housing, creating the transition from what would have been Liberty Square Rousing Project, which is being transitioned out to the northern end of the Home Ownership Zone and constructing homes that will have the porches that will create an environment where people are more willing to come out and interact, and in capitalizing on the whole new urbanism concept that Dover Kohl has become known tor, particularly in the City or Maud with all the master planning efforts that they have been undertaking. General overview. Any questions on that? I'll stop there. Board Member Grimes: The housing, is that to be somehow subsidized housing, or how does it become attordable for the community you're describing? Ms. Wiley: A lot of what is anticipated is drawing in middle and upper income residents to improve the tax base and make Larry's life a little easier on making that budget work, but part of the City of Miami's commitment to the Model City area has boon ensuring that a third of the houses are available to first Section 8 residents who were relocated out of Miami • Limited Properties that were located there about three or four years ago. They have since been demolished. But because of the 0 condition that the City of Miami may be said to have contributed 0 . .Ci23 to, those residents of those buildings are given priority 0 2 . consideration on new housing. There is a subsidized portion of 15 c < it. The funding sources that were somewhat alluded to earlier include homeland defense -- not that much; only three million dollars in the first year. I believe it's six million dollars over the life of tho project currently, but a great amount, one point five million dollars a year over a five-year period of home program funds, which are dollars that can be used for infrastructure improvements, acquisition, relocation_ With federal money, you have to do relocation where federal money is ek 2 Homeland 3/25/03 Excerpt re Model City Trust going into a project anywhere. we have CDBG (Commuu.ity Development Block Grant) funds, surtax dollars -- it's a very mixed bag_ What TrVR talked about so far has been primarily the housing, but another significant piece is the Economic Opportunity Zone. A community can't sustain itself with just houses alone, we know, so b4th Street and lir' Avenue aLe what we call the Economic Opportunity Zone where we're seeking to recruit additional businesses, retain and expand existing businesses to support the needs that exist in our developing with the influx of new residents. The area has seen about 10,000 residents leave over the course of the past decade or two, so businesses currently existing there are struggling because of that outflow of residents. Also, a major portion, as you might note, from the public building, with the mini parks are the quality of life enhancements. We are looking at how best to improve infrastructure, brin9lug utilities underground. Fortunately, our preliminary basic design report has given us information that most of the infrastructure is in pretty good condition. We have the water and sewer, which, of course, with the multi -family buildings that were there previously is more than adequate to address the needs of what we anticipate to be in the community in the future. There will be some road construction, and building, and gutters, and swales that we have to look at, but overall, the need is much less than what we anticipated on the front end of this when we were looking down the road. Doard Member Dunn: I have a question. Where is 62hd Street? Ms. Wiley: 62nd Street is up here. Board Member Dunn: And those apartments behind --between 62 , going south down to like 58, between 12th Avenue, going along 17th Avenue, does this plan call for those buildings to be removed? a C 094 .2.0 Ms. Wiley: For the most part. There is the two areas o c o • Board Member Dunn: On the map, where are those buildings? o Ms. Wiley: Most of the buildings -- a lot of Miami, Limited, I E Er, a. believe, is right in here. A lot of the other multi -family .0 o ...• E dwellings you'll see around here somewhere, anticipated to be CO 22:2 row housing in the future. Now, those are all connected, and that's more single-family, but basically, from 60th Street to 62nd Street is multi -family, those two blocks. ek 3 Hornz1and3/25/03 Excerpt re Model City Trust E o— Board member Dunn: Right, right. Mc. wiley, Throughout from 12th to 17th. M&M 1 and M&M 2, the Urban League properties are not anticipated to be removed. They would remain in the -- Board Member Dunn: I'm just concerned about that section between 62nd going south to 58 and between 12th and 17th, where we have a lot of crime, high density concrete monsters -- Ms. Wiley: That's the target area. Board Member Dunn: That's the target area? Ms. Wiley: That is the target area. Board Member Dunn: What do you want to do with it, right now? Chairman Flanders: This is the most exciting thing I've ever seen the City of Miami do in terms of urban re -engineering. Board Member Dunn: So what are you asking us for? Ms. Wiley: Well, you want to start with the first one or -- Board Member Cruz: I have a question, too. Ms. Wiley: Yes. Board Member Cruz: Since when is that -- this Trust worked? Over a year now? Ms. Wiley: Well, the five year consolidated plan that the City of Miami produced was produced in 1999 when it began to look at how the CMG -- well, the entitlement funds generally have been used over the prior 20-plus -- 24 years, I believe, and it outlined seven Community Revitalization Districts throughout the City that could benefit, booed on the demographics of the area from a new approach to revitalization versus the ways that the City of Miami has spent the money previously, predominantly rehabilitation of the multi -family buildings; basically, perpetuation of the concentrations of poverty. The consolidated plan happened in 1999. The Model City Trust, which was designated the pilot project, in part because of the Section 8 residents who protested the conditions of the multi -family dwellings, was created in 2001. However, the board was not ek 4 Homeland 3/25/03 Excerpt re Model City Trust truly seated in commencing activity until may of 2002, so it not even a year old yet. Board Member Cruz: No, right, that's it. You are the CEO? Ms. Wiley: I am -- something. i'm an interim person, yes. Board member Cruz: mr. Range is still the Chairman of the Board? Ms. Wiley: He's the Vice chair, yes. Board Member cruz: Chairman, OK. No, because I am always for affordable home ownership, whatever it takes, because the only thing that keeps the neighborhood stable is home ownership. know that and 1 agree. 1 go by the mailer Park neighborhood every day, and it's an old neighborhood, and you see how it is, you know, single-family homes, everything is clean, clean, everything neat, house painted, because of home ownership, You don't see concrete monsters there or big multi -family homes there and that's what they -- what the problem was in there, and I am glad to see what -- what can we do to help that? Vice Chairman Reyes: What are you asking for? Now, be specific. Ms. Wiley: Well, let me piggyback on that for a few seconds. Vice Chairman Reyes: Because I'm sold on the project. Ms. Wiley: OK. Let me just add one quick thing. Vice Chairman Roycs; Wo're all sold. We need that. Ms. Wiley: Dr. Dunn alluded to -- and. Mr. Cruz -- the area within the southern section, both the new area ot 17`h to 19'h, as well as the southern, 58th to 54th area is a very stable community. You'll note from the manicured lawns, the -- but there are some issues. Generally, the demographics tell us that the homeowners are now second, third generation, older, not able to maintain the property as well, so that is anticipated to be rehabilitation dollars on the homes, helping people retain their homes as much as posoiblo, and that's tho additional money that would be necessary so they can come up to code and deal with all of the hurricane issues and the South Florida Building Code challenges that exist in the world. ek 5 Homeland 3/25/03 Excerpt re Model City Trust Board Member Dunn: So what do you want trom us? Ms. Wiley: OK. One more question. Board Member Grimes: One more question. I guess I'm coming back to this. What happens to the poverty that's there livw? I mean, the people that can barely afford to live in that community in whatever condition it's in now are not going to be the ones, obviously, in these new homes. What happens to all these people? Ms. Wiley: To a certain extent, they will be. Because the City 0E Miami is in the position to offer second and third mortgages with federal dollars, there are things that can be done to help facilitate that transition from -- Board Member Grimes: But you described it as middle to higher incomc. Ms. Wiley: Well, I did mention a third of it would be reserved for that highly subsidized - Chairman Flanderz: It'c a whole spectrum. Vice Chairman Reyes: It's a whole spectrum. Ms. Wiley: Right. Chairman Flanders: And commercial development, as well. In other words, infrastructure. Ms. Wiley: Let me add one other thing. c -6 Vice Chairman Reyes: And you create jobs. o o I Cnole CL Board Member Cruz: They have already a new winn-Dixie Marketplace there. (.) r- Board Member Dunn: But it is gentrification to a certain degree. a. Vice Chairman Reyes: Yes, it is. Board Member Dunn; They're trying to get people (UNINTELLIGIBLE) to come back to that Chairman Flanders: Right. ek 6 Homeland 3/25/03 Excerpt re Model City Trust Board Member Dunn: That means that some of those folks who are there now won't be able to affnrd rhnsP houses. Board Member Grimes: m just wondering, what is our solution to the poverty, knowing that the City's -- you know, this is the direction that e re -- Ms. Wiley: Well, part of what I think makes this palatable for the masses is that the community has suffered such an outflow of residents already, so a lot of the multi -family dwellings, the concrete monsters that we're buying now are vacant, because nobody's there, and thR huildinge are suffering, because nobody's there, and people are leaving. Chairman Flanders: It was a concentration of poverty. Board Member Dunn: Right. Vice Chairman Reyes: That's the same thing that happened to -- Chairman Flanders: Which is a killer. Board Member Grimes: I guess the question is, where's the poverty gone? It's on the street. It's the homeless people all over the place_ What is our solution for the poverty-stricken people? Chairman Flanders: Well, what you're looking at is a checkerboard where -- like in the Upper East Side. It's a neighborhood I know very well. I've lived there for over 20 years. we have -- I mean, it's a checkerboard. It's wonderful. It'3 45 percent black. It' c 30 percent non -Latin white; the balance, Latino and three percent other. We're still looking for them. I mean, you can have everybody from here to here in terms of income, OK? And it is a neighborhood in transition. We're supporting businesses. Yes, some people are going to be squeezed out, because come of the slum landlords are being forced by Johnny Winton's Revitalization Task Force to bring their properties up, and they're beginning to charge rents. On the other hand, there's a Little Haiti Housing Initiative which puts those people -- so what we're going to end up with is a real patchwork quilt of ritzier properties on the water -- OK? - - and then sort of middle class projects and lower middle class nrolects, and even projects which would be sustainable to people that would be falling into the Section 8, and actually, that makes a hell of a neighborhood. Why? Because anybody can live ek 7 Homeland 3/25/03 Excerpt re Model City Trust * c o • c < .0 8 A • • s5 cn :• 12 .0 there. And it's not a ghetto. It's not a rich ghetto. it's not a middle class ghetto. Board Member Grimes: It's a wonderful (UNINTELLIGIBLE). I'm not doubting that. I guess the bigger issue that -- I don't know -- one point may be presented to the Bond committee, because we have all the money -- is what are some of the solutions that the City is going tn put forward to us with dealing with the homeless and providing shelter for the homeless? That hasn't even come to this table and it's a number one priority in the City. Board Member Cruz: Net in Allapattah. Not in my neighborhood. Vice Chairman Reyes: It's a good point. it's not part of this board. It's a good topic, but Board Member Grimes: No, T undprstand_ Right. Vice Chairman Reyes: But in order --1 mean, just to answer you and, I mean, to add to what she's saying, as people move to that area, there is going to be a critical mass that's going to have a demand. It'o going to have a demand for services, and then businesses are going to be established, and then job opportunities will come about, and some of those people that are there in the lower strata, I mean, in the lower income, they will be able to afford some jobs -- I mean to work and gain some money. r think the answer for poverty is jobs. Board Member Grimes: Mm-hmm, definitely. Ms. Wiley: This down here is up to State Road 112. MetrorailStation right up in that little pocket, but State Road 112. Board Member de Rosa: And that's Commissioner Teele that whole -- Ms. Wiley: YeS. There's a it goes to Board Member de Rosa: And doesn't his district pass like Wynwood and -- no -- Park -- no. Wynwood Ms. Wiley: I believe it does, but I'm not certain. Board Member Cruz: No, i there. district, 112 into ek 8 Homeland 3/25/03 Excerpt re Model City Trust Ms. Wiley: The Model City Community Revitalization DisLL-Ict was initially defined in the City's consolidated plan. It was revised juct last year, in fact, to extend down to State Road 112. Actually -- Board member de Rosa: I mean, I support this initidLlve and you will get my vote on this, but I would like for you to bring back the message to the Commissioner to get his part, his responsibility within the community of Wynwood, just right below there, 112. Ms. Wiley: OK. Board Member de Rosa: Which is a thriving community. I mean, it's coming back, it's stabilized. There's some good things that happened in the community, but we need the Commis sioner he's voiceless in this community. Winton is there, he's active and ho'o involved, and WQ hear nothing from Commissioner -- your Commissioner, you know, Teele's Office. Ms. Wiley: Commissioner Teele's Office is represented Board Member de Rosa: All right. But that seems to me because that's a real concern for us. You know, he's now way Board Member Cruz: I've got one question now. Talking about the consolidated plan, that calls for "X" number houses to be builL, and very few have boon built, according to this plan. Yeah. Ms. Wiley: This is true. tio c -6 8 0 Board Member Cruz: Housing. Booauae I am vice Chairman Reyes: We had that in Coconut Grove, also. ..c() Board Member Reshefsky: Mr. Chairman? Chairman Flanders: Yeah. Let's OL. Board Member Reshefsky: Marva is here, and she has two items before us tonight, and I want to cover them, because we have two others fLet this, and it' o getting late, so the first is regarding to the home investment -- can you briefly -- Ms_ Wiley: OK. As I mentioned, the effort, the focus ot the effort particularly before the Trust -- the activity before the ek 9 Homeland 3/25/03 Excerpt re Model City Trust Trust formed, and that board was empanelled began with the acquisition of 58" Street and 62nd Street. Between February and Junc of 2002, approximately on point eight million dollars was spent on those acquisitions, and those monies -- the funding source was Home Investment Partnership Program Fund. HUD regulations require that a project have a reasonable expectation to commence construction within 12 months from the date the commitment ic made. Since we are now 12 months into this and construction has not commenced, the Department of Community Development has asked that the Trust pay the money back. What we are proposing is that we essentially swap the money out. The one point eight million dollars that has been expended for the acquisition would be replaced by bond money. Three million dollars is the commitment for the Trust in this first year, and the one point eight million dollars would then be freed up from the Home Program dollars to do intrastructure, which is What the commitment of that three million dollars was initially for the bond proceeds. Board Member Dunn: You want to swap the money out. Ms. Wiley: Right. Board Member Dunn: And simply use the bond money now to take care of this -- is there a recommendation coming to us from the bond committee? Board Member Reshefaky: Ycah. Board Member Dunn: Are you moving it as a committee or - Board Member Reshefsky: The Audit Committee moved approved it, yes. c g 6: Unidentified Speaker: You make a recommendation. 1) 0 c = cn 22 Board Member Reshefsky: I don't move them. I just recommend I tell you what the Audit Committee -- Board Member Dunn: I'm making a motion. I make a motion -- Vice Chairman Reyes: Let's move on it. Board Member Dunn: What I was asking -- what I am asking now is are you moving this as a motion at this point or just as a (INAUDIBLE)? ek 10 Homeland 3/25/03 Excerpt re Model City Trust Board Member Dunn: I move that the recommendation from the Audit Committee be approved; that the -- how much is it? ms. Wiley: One point eight million. Board Member Cruz: One point eight million dollars. Board Member Dunn: One point eight million dollars be allocated for -- help me, Ms. Wiley: The replacement of tunas utilized .80ard Member Dunn; For replacement of funds. Ms. Wiley: funds. for the Home Investment Partnership Program Board Member Dunn: Hold on. For the Home Investment Partnership Program funds -- Ms. Wiley: used for acquisition in fiscal year 2002. Board Member Dunn; - be used for acquisition in fisc7a1 year 2002. That's the motion you need? Ms. Wiley: Yes. Board member Dunn: Could you road it back, please? Eva Kilpatrick (City Clerk's Office): The recommendation of the Audit Committee be approved; that the one point eight million dollars allocated for the replacement of funds for the Home Invesuuent Partnership Program Fund be used for acquisition, fiscal year 2002. Vice Chairman Reyes: I second that. +ID Boa.cd Member Cabrera: Before we vote, can I Vice Chairman Reyes: I second the motion. Well, then, you have to open the floor for -- Chairman Flanders: Yeah, the floor is open. Board Member Cabrera: I have a question. The CDBG funds (UNINTELLIGIBLE) aren't they -- the purpose of that whole thing ek 11 Homeland 3/25/03 Excerpt re Model City Trust is to use those monies for these type of projects for building all over? Am I wrong? Ms. Wiley: CDBG within the Trust budget has -- there is a piece that's designated for acquisitions. Home Investment Partnership is more focused around creating home ownership opportunities, and that -- it was the initial funding source that was utilized, but with thc additional strings on that money, we'vo run into an issue that we're trying to correct right now. Chairman Flanders: What assurance do we have -- you're talking about swapping the funds -- that those funds will, in fact, go exactly where you say that they will? Ms. Wiley: Well, I can tell you that the Home Program funds are limited in their potential uses. It could be used for acquisition, it can be used for infrastructure, it can be used for rolocation. Any one of those purposes would really fit with an infrastructure purpose. If you've got a -- if you're going to do infrastructure, you need to acquire -- I'm basically boxed in on what I can do with the money. Chairman Flanders: Right. So you're offering this Board total assurance that it will go down the way that you say it will. In other words, by us adopting Dr. Dunn's motion, then, in fact, there's no wiggle room and the money will be spent -- the money that we're swapping out -- where it should be. Ms. Wiley: Right. Board Member Cruz: Well, the money has been already used. They have to replace the money. One item is one point eight fifteen, point one three three point fifteen. It'3 odd numbcro. It's more than one point eight. It's just a few more thousand p 0 0 dollars. Ms. Wiley: Right. 0 0 .t 13 Chairman Flanders: Do we have a second? c 0 4r4 15 C WO* Board Member Dunn; My motion doesn't cover all the money you need? Board Member Cruz: No. You got to go one point eight fifteen. Ms. Wiley: One million, eight hundred and fifteen -- ek 12 Homeland 3/25/03 Excerpt re Model City Trust Board Member Cruz: Point one thirty-three point fifty-nine. (MULTIPLE PARTIES SPEAKINGI IN UNISON, UNINTELLIGIBLE) Board Member Dunn: One million, eight hundred and fifteen thousand, one hundred and thirteen dollars and fifteen cents. Chairman Flandcro: All right. You Cecond? Vice Chairman Reyes: Yes, I second. Chairman Flanders: manolo was the second. Is there any further discussion? Unidentified Speaker: Where is that money coming from? Chairman Flanders: It's coming from the three million. Unidentified Speaker: From the Chairman Flanders: Bond funds. ms. Wiley: Model City Trust_ (MULTIPLE PARTIES SPEAKING IN UNISON, UNINTELLIGIBLE) Chairman Flanders: OK. All in favor? The Board (Collectively): Aye. Chairman Flanders: Anyone opposed? Board Member Resheesky. OK. The second item is since they -- one of the things that they'll be doing here eventually is building buildings, and I didn't ask Marva where their offices would be, but that would be right there. Thank you. They are going to be located -- their offices -- (UNINTELLIGIBLE) -- but thcy are going to be locating their office e in nadley Park, ao they need seventy-four thousand, eight hundred dollars from the Hadley Park fund, right? Unidentified Speaker: How much do they have already? Danette Perez (Board Liaison): From the Hadley Board Member Reshefsky: which gets one point three million dollars in the bond. ek 13 Homeland 3/25/03 Exccrpt rc Modcl City Trust Ms. Perez: Right. Board Member Reshefsky: To create offices there for two years, and they have gone out and got bids for that, and CIP, I understand, is actually handling the construction. This is one of the few times where we've seen so far where CIP is actually dviug the construction, o we're -- Board Member Cruz: 1 thought they going to do the space in the Carrie P. Meek Cultural Senior Center, or they're going to put a new one, a new facility? Ms. Wiley: well, if you recall, the old meeting room on the Olympic Pool Complex Board Member Cruz: Uh-huh, I see. Ms. Wiley: The City has pledged that room, which you may recall is in pretty bad shape, so there are a lot of upgrades. Board Member Cruz: So they're going to fix, OK, OK. Ms. Wiley: We need to fix up the room, right, 50 after we're gone, there will be a nice room there. Vice Chairman Reyes: What was the decision of the Board Member Reshefsky: The Board voted to approve this with some caveats. There was -- let me say that we voted to approve it, because they need offices. However, they did not come before our Board before they went and did this, and that raised a lot of flays at the Audit Committcc, eo we wanted to know why, and in Model City's defense, I think they didn't know the process, and this came up as a pocket item by one of the Commissioners. I think Commissioner Teele brought this up as a co pocket item, so we at the Board were, you know, we sort of were xr.5 upset about it, but we said that wc need to approve this. Thin 0 E 0 is an important item. However, we need to send a message -0 8 A :52 somehow through our staff that, you know, if there's bond dollars coming before the Commission, they need to know tnat it needs to come before our Board first, and so this -- I mentioned 13,kqr. E0.. tO the City Attorney before this meeting that if our ordinance ° E m 0 says that, maybe the City Attorney needs to be -- and the Commission needs to be made aware of this as well, so he could advise the Commission if they bring pocket items that don't come ek 14 Homeland3/25/03 Excerpt re Model City Trust before the Board that they need to do that, so I think you said you'd pass that on to the City Attorney for us. Unidentified Speaker: Right, correct, sure. Board Member Reshefsky: And we had thought at the Committee that may be the best quick fix to this, rather than making a big stink about it, lo to bring it to the City Attorney's attention. If it happens again, maybe it's something we need to figure out another remedy for. Board Member Cruz: Oh, it come up (UNINTELLIGIBLE) you said something there. Board Member Dunn: What do you need, Marva? Ms. Wiley: A motion to approve the seventy-four thousand, eight hundred dollar:, for Hadley Park. Board Member Cruz: I move it. I move for approval. Board Member Dunn: I move the approval of seventy-eight thousand - - Ms. Wiley: Seventy-four thousand, eight hundred. Board Member Dunn -- seventy-four thousand -- Ms. Wiley: eight hundred dollars. Board Member Dunn: eight hundred dollars. Seventy-four thousand, eight hundred dollars. el islt c.g ,... • (MULTIPLE PARTIES SPEAKING IN UNISON, UNINTELLIGIBLE) §—" z 0" 0-0 CLC---E ›, Chairman Flanders: OK, do we have a second? ca,4 Cr — Board Member Cruz: 1 second it, yoah. Oct. A (22 Board Member Dunn: Seventy-four thousand, eight hundred, was it O not? 0 1:. ..... E OL M. Wiley: Correct. .o • E Board Member Dunn: For -- to use for renovation of the office complex at Hadley Park? ek 15 Homeland 3/25/03 Excerpt re Mode) City Trust t) 75 CL o Ms. Wiley: The meeting room in the Miller J. Dawkins Olympic Swimming Pool Complex. (UNINTELLIGIBLE COMMENT) Chairman Flanders: OK. Board Member Dunn: She'll rcad the motion back at this time Ms. Kilpatrick: Motion to approve seventy-four thousand, eight hundred dollars for renovations at Hadley Park for the ottice meeting room at the Miller J. Dawkins Olympic Swimming Pool Complex. Board Member Dunn: I think I messed it up (INAUDIBLE). Chairman Flanders: Did everybody hear the motion? Vice Chairman Reyes: Yes. Board Member de Rosa: You got a second, right? Chai.utan Flanders: Ye. Mariano i3 the cecond. Any further discussion? All in favor? The Board (Collectively) Aye. Chairman Flanders: Anyone oppoccd? It's unanimous. ek 16 Homeland 3125103 Excerpt re Model City Trust Submitted Into the public record in connectio ith item A/¢•) on Priscilla A. Thompson City Clerk 17 Homeland 3/25/03 Excerpt re Model City Trust AUG-27-2003 12:45 CITY CLERKS OFFICE 305 858 1610 P.23 J 03-360 04/03/03 RESOLUTION NO. 479 A RESOLUTION OF 11-1E MIAMI CITY COMMTSSION AUTHOR/2/M THE ALLOCATION OF FUNDS, IN THE AMOUNT OF 0-815,133.15, OF FISCAL YEAR 2003 HOMELAND UEFENSE/WEIGHBORHOOD IMPROVEMENT BONDS Uh:SIGNATEn FOR mom CITY HOMEOWNERSHIP ZONE PIIIOT PROJECTS, SPECIFICALLY, INFRASTRUCTURE IMPROVEMENTS TO REPLACE HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) FUNDS USED FOR PROPERTY ACOUIDITIONS IN FISCAL YEAR 2002 AND ANTICIPATED ACQUISTTIONS IN FISCAL YEAR 2003. WHEREAS, the Modwl City Homeownership Zone Pilot Project ic in ,acquisitiun phase; and WHEREAS, Lhe City of Miami ("City-) utilized approximately $1.8 mirion of HOME Investment PartneLship (ROM) Program Funds that., bad been appropriated fix the Model City Homeownership Zone ("Zone") Pilot pro fox. the acquisition of properti in the Zone, and WHEREAS, Ole: Department of Housingan0 Urban Development ('HUD") reyulations require that the projf7w:r have a roaconable expor.tation of commencement within Lwelve (12) monthc of the participating jurisdiction (Ullik City in thin instance) setting CITE C3ltal2=303.1 maasmu ak MAY fl S 200Mp ? 1 03- 479 . Submitted Into the public' record in connection with item #4,4->. on Priscilla A. Thompson City Clerk AUG-27-2003 12:46 CITY CLERKS OFFICE 305 858 1610 P.24 up the expenne in the federal Information and Disbursement System, ("IDIS"); and WHEREAS, construction on thc project has not commenced wiLhin 12 months of closing on the properties when the expotnse was set up in =IS; and WHEREAS, Ole Model City Tlast ("Truct") received written correspondence from the Depwrtment ot CommuniLy Development advisivy that the cost incurred in Fiscal Year 20U1! was disallowed because of fts finding that the Trust's expenees did riot conform with HUD's Regulations; and de WHERgAs, the Trust's acquin sitioeffort has ben layede substantlolly, in part, because of the conciderable pRriod of time required for processing the environmental c]earance and a variety of changes in adminietration; and WHEREAs, construction may not occur Luini.1 Spring 20Q4 with thc projected release of a Request for Proposals for the Phase I Development anticipated in Summer 2003; and WHERE, the Trust proposes that the tunds designaLITO for the Model City Infrastructure Improvesiente in Fiscal Year 2003 be reprogrammed to replace the HOME Program Funds utilized in Fiscal Year 2002 For acquisitions co resolvft issues related to the eligibility of IIOME Program Fund ti and minimize additional delays in the acquisition phasR; and wage 2 uE 4 Co - 479 Submitted Into the public record in connectiop with item AM- .1- on Pj:1151.§. Priscilla A. Thompson City Clerk AUG-2?-2003 12:46 CITY CLERKS OFFICE 305 858 1610 P.25 WHEREAS, one of the eligible uses or HOME Program Fundk ia infrastructure; and WHuHEAS, HOME Program Funds would be released And available for infrasLructure uses anticipated for the Homeland Pefense/Heighborhood Improvement Bond proceds with the replacement of Homeland Defense/Neighborhood Improvement Bond proceeds; and WHEHRAS, Lhe Trust believes that this proposal will have no net impact in the program or ihe. Model City Trusl's overall proglAm funding; and WHEREAS, the prootikeds of the Homeland nefense/Neighborhood Improvement Bond proceeds designaLIA for Model City InfrastruCturR Improvements in Fiscal Year 2003 are to he reprogrammexl to replace the TOME Program Funds utilized for property acquisition in FY 2002; NOW, THEREYORE, BE TT RESOLVED BY THE COMMISSION OP THE CITY OF MIAMI: Section 1. The recitalsand findinus contained in the Preamble Lri this Resolution are adopLed by retcrence and incorporated as it tully set forih in this Section. Section 2, The allocation of func1 in the amoont of 4:1,815,133.1b, of Fiscal Year 2003 Homeland Defense/No!ighborhood Improvement Rands designated tor Model City Homeownership Zone Projects, specifically, infrastructure improvements to rage 3 of 4 03- 479 Submitted Into the public' record in connection ith item 4/4.›- on Priscilla A. Thompson City Clerk AUG-27-2003 12:46 CITY CLERKS OFFICE 305 858 1610 P.26 replace home Investment Partnership •Program (HOME) funds used for propacqu isitions in Fi21102 and scal Year anticipated acquisitions in Fiscal Year 2003. Section 7. This Resolution shill become effective immediately upon its adoption and signal,;]re of the Mayof.1/ PASSED AND ADOPTED this Oth day of ATTEST: 2003. MANDEL A. DIAZ, MAOR ttiftitilt-fc*, 'v./1dt R.c.itml Cod g Sec. 2-3F1, since the Mayor did not inclisato approval of loci:Won b oirinin,,:; IhD designated place prod. mia kialation now Uocornss on'erAve ihe eiapSe of ten (10) davo front tho dat0cf octIrminien reqr.rding Damp; witrIcut Ina Mr excreting PRIEcILLA A. THO ON CITY CLERIC APPROVED A el7 AND CORREC LARELLO W71i0:tr:AS:BSS P illa A. Th non, C k If the Mayor dues not sign this eRHolution, it shall become ef[cctiv*.at the ena of ten calendar day e from thm date it was paoced and adopred. IL the Mayor vetoes this amsolUtion, it shall become effective immediately upon ovftrride of the veto by Om Page 4 of 4 03- 479 TOTAL P.26 Submitted Into the public - record in connectiorj with item Pk on Priscilla A. Thompson City Clerk City of Miami Master Report Resolution R-03-1113 City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miaminus File ID #: 03-0149 Enactment Date: 10/23/03 Version: 2 Controlling City Commission Status: Passed Body: Title: A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A JOINT PROJECT BETWEEN THE CITY OF MIAMI AND THE MODEL CITY TRUST FOR INFRASTRUCTURE IMPROVEMENTS FOR THE FLORAL PARK AREA AND THE MODEL CITY HOMEOWNERSHIP ZONE AREAS; ALLOCATING FUNDS, IN THE AMOUNT OF $2,000,000, FOR SAID IMPROVEMENTS, FROM A SOURCE TO BE IDENTIFIED BY THE CITY MANAGER. Reference: Introduced: 10/15/03 Name: FLORAL PARK Requester: District 5 Cost: Final Action: 10/23/03 Notes: Sections: Indexes: Attachments: Action History Ver. Acting Body Date Action Sent To Due Date Returned Result 2 City Commission 10/23/03 ADOPTED Submitted Into the public record in connection with item 044-.1- on Priscilla A. Thompson City Clerk City of Miami Page I Printed on 5/31/2005 -7740 A motion was made by Arthur E. Teele, Jr., seconded by Tomas Regalado, that this matter be ADOPTED. Chairman Winton: Do we have any other items? Vice Chairman Teele: Did my district item get done? Chairman Winton: I don't think -- Commissioner Regalado: No, you didn't. Chairman Winton: I don't know. Let's look. Vice Chairman Teele: Mr. Chairman, I would move D-5.1, authorizing a joint project between the City of Miami and the Model City Trust. So moved. Commissioner Regalado: Second. Chairman Winton: Motion, second. Is this a public hearing? Vice Chairman Teele: No. Chairman Winton: OK. So we have a motion and a second. No other discussion. All in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. The motion carried by the following vote: Aye: 3 - Tomas Regalado, Arthur E. Teele, Jr. and Johnny L. Winton Absent: 2 - Angel Gonzalez and Joe Sanchez 2 Office of the City 10/28/03 Review Pending Attorney 2 Office of the City 10/30/03 Reviewed and Attorney Approved 2 Office of the Mayor 11/3/03 Signed by the Mayor Submitted Into the public record in connectio ith item A/J4•Y on G�9 aS Priscilla A. Thompson City Clerk City of Miami Page 2 Printed on 5/31/2005 City of Miami Master Report Resolution R-04-0271 City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us File ID #: 04-00310 Enactment Date: 4/22/04 Version: 1 Controlling City Commission Status: Passed Body: Title: Reference: A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF ADDITIONAL FUNDS, IN AN AMOUNT NOT TO EXCEED $1,800,000, FOR LAND ACQUISITION FOR THE MODEL CITY HOMEOWNERSHIP ZONE PILOT PROJECT FROM FUNDS PREVIOUSLY DESIGNATED FOR MODEL CITY INFRASTRUCTURE IMPROVEMENTS, IN FISCAL YEAR 2003 AND FISCAL YEAR 2004 ALLOCATIONS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROCEEDS, CONDITIONED UPON FAVORABLE DECISION OF THE BOND COUNCIL. Name: Land Acquisiton for Model City Homeownership Zone Introduced: 3/19/04 Requester: Model City Cost: Final Action: 4/22/04 Community Revitalization District Trust Notes: Sections: Indexes: Attachments: 04-00310- cover memo.pdf, 04-00310- budgetary im t analysis.pdf Action History Ver. Acting Body Date Action Sent To Due Date Returned Result Office of the City 4/13/04 Reviewed and Attorney Approved City Commission 4/22/04 ADOPTED WITH MODIFICATIONS Submitted Into the public record in connection with item Ag�� on 4 os Priscilla A. Thompson City City of Miami Page 1 Printed on 5/31/2005 A motion was made by Angel Gonzalez, seconded by Johnny L. Winton, that this matter be ADOPTED WITH MODIFICATIONS. Chairman Teele: Last item before the lunch break, RE.5. Vice Chairman Sanchez: 5 or 4? Chairman Teele: 4 they withdrew, I thought. Joe Arriola (City Manager): Yes. Vice Chairman Sanchez: Withdrew? Priscilla A. Thompson (City Clerk): It was deferred until the next meeting. Mr. Arriola: We deferred it to the next meeting. Vice Chairman Sanchez: OK. Commissioner Regalado: RE.5. Commissioner Gonzalez: Move RE.5. Chairman Teele: Motion. Is there a second? Commissioner Winton: Second. Chairman Teele: Discussion. Alejandro Vilarello (City Attorney): Mr. Chairman, Mr. Chairman. Chairman Teele: Yes. Mr. Vilarello: I'd simply like the resolution to be conditioned on a favorable opinion from bond counsel as to the transfer. Commissioner Gonzalez: Move as amended. Chairman Teele: As amended. Vice Chairman Sanchez: As amended. Chairman Teele: Further discussion? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? The motion carried by the following vote: Aye: 4 - Angel Gonzalez, Johnny L. Winton, Joe Sanchez and Arthur E. Teele, Jr. Absent: l - Tomas Regalado 1 Office of the Mayor 5/3/04 Signed by the Mayor 1 Office of the City 5/4/04 Reviewed and Attorney Approved Submitted Into the public record in connection � as item '�-- Priscilla A. Thompsonik City of Miami Page 2 Printed on 5/31/2005 CITY OF MIAMI OFFICE OF AUDITOR GENERAL AUDIT OF THE HOMELAND SECURITY, NEIGHBORHOOD IMPROVEMENTS, CAPITAL PROJECTS AND INFRASTRUCTURE IMPROVEMENTS BONDS AUDIT NO. 04-014 Prepared By Office of Auditor General VI( lin I. 1p,\vt., Cl'A, Aiti (U rt (;enera JON GOODMAN, CPA, DEPUTY AUDITOR GENERAL Submitted Into the public record in connection vith item AM.> on 0 er Priscilla A. Thompson City Clerk VICTOR I. IGWE, CPA, CIA *Wiwi. Gu mel . March 31, 2004 Honorable Member City Coearmiesion City of Mini 3500 Pan American Coconut Grove, FL Re: Audit ofthe .Homeland Security, NeighbOrhoodImprovements, Capital Projects and:lemons:tec dents Bonds Audit No. 04-014 In accordance with the provisions. of Section 48 of the City Charter, the Office of Auditor General bas performed an audit of the Homeland Security, Neighborhood Improvements, Capital Projects and Infrastructure Improvements Bond Issuance (Bonds). This report is the first of multiple audit reports that we plan on conducting throughout the life of the TMphalc 1416-2040. Telemplr, MS) 416 046 E.NiIis Ie5clmyWN.A.e. Bonds. The audit covered the period of October 1, 2001, through December 31, 2003, and selected transactions prior and subsequent to this period. C Victor I. Igwe, CPA, C Auditor General Office of Auditor General OFFICE OF AUDITOR GENERAL/444 5.W. 2nd A.enue, Woe 71 SIM:.mi, Fbrid. 33130-1910 Submitted Into the public record in connection with item A- on & ° 6 Priscilla A. Thompson City Clerk C: The Honorable Mayor Manuel A. Diaz Joe Arriola, Chief Administrator/City Manager Members of the Audit Advisory Committee Members of the Bond Oversight Board Linda M. Haskins, CPA, Chief Financial Officer/Deputy Chief Administrator Alicia Cuervo-Schreiber, Chief Operating Officer Larry Spring, Chief of Strategic Planning, Budgeting and Performance Peter W. Korinis, Chief Information Officer Alejandro Vilarello, City Attorney Squire, Sanders and Dempsey, L.L.P., Bond Counsel Priscilla A. Thompson, City Clerk Donald Riedel, Director, Office of Citistat Mary Conway, Director, Transportation/ Capital Improvement Program Jorge Cano, Director, Capital Improvement Program J. Scott Simpson, CPA, Director, Finance department Marva Wiley, Acting President/CEO, Model City Revitalization Trust Glenn Marcos, Director, Purchasing department Barbara Gomez -Rodriguez, Director, Community Development department Stephanie Grindell, Director, Public Works department Keith Carswell, Director, Economic Development department Ana Gelabert — Sanchez, Director, Planning and Zoning department Pete Chircut, Treasurer Pilar Saenz, CIP Administrator Audit Documentation File Submitted Into the public record in connection with item A4‘. - on Priscilla A. Thompson City Clerk AUDIT OF HOMELAND SECURITY, NEIGHBORHOOD IMPROVEMENTS, CAPITAL PROJECTS AND INFRASTRUCTURE IMPROVEMENTS BONDS REPORT NO. 1 FOR THE PERIOD OF OCTOBER 1, 2001, THROUGH DECEMBER 31, 2003 TABLE OF CONTENTS INTRODUCTION 1 SCOPE AND OBJECTIVES 2 METHODOLOGY 3 SUMMARY OF AUDIT FINDINGS 4 FINANCE AND CAPITAL IMPROVEMENT PROGRAM (CIP) DEPARTMENTS 4 COMPLIANCE WITH CERTAIN SECTIONS OF APPLICABLE RESOLUTIONS, LAWS AND REPORTING REQUIREMENTS 4 PURCHASING DEPARTMENT, ECONOMIC DEVELOPMENT DEPARTMENT, AND CAPITAL IMPROVEMENT PROGRAM (CIP) 5 PROCUREMENT OF PROFESSIONAL SERVICES SUBJECT TO SECTION 287.055, FLORIDA STATUTES (CONSULTANTS' COMPETITIVE NEGOTIATION ACT). 5 MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST (TRUST), CAPITAL IMPROVEMENT PROGRAM (CIP), AND COMMUNITY DEVELOPMENT DEPARTMENT 6 USE OF BOND PROCEEDS IN ACCORDANCE WITH ORDINANCE NO. 12137. 6 AUDIT FINDINGS AND RECOMMENDATIONS 7 FINANCE AND CAPITAL IMPROVEMENT PROGRAM (CIP) DEPARTMENTS 7 COMPLIANCE WITH CERTAIN SECTIONS OF APPLICABLE RESOLUTIONS, LAWS AND REPORTING REQUIREMENTS 7 PURCHASING DEPARTMENT, ECONOMIC DEVELOPMENT DEPARTMENT, AND CAPITAL IMPROVEMENT PROGRAM (CIP) 9 PROCUREMENT OF PROFESSIONAL SERVICES SUBJECT TO SECTION 287.055, FLORIDA STATUTES (CONSULTANTS' COMPETITIVE NEGOTIATION ACT). 9 MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST (TRUST), CAPITAL IMPROVEMENT PROGRAM (CIP), AND COMMUNITY DEVELOPMENT DEPARTMENT 12 USE OF BOND PROCEEDS IN ACCORDANCE WITH ORDINANCE NO. 12137. 12 Submitted Into the public record in connectiOfl with item A4- on Or Priscilla A. Thompson City Clerk INTRODUCTION This is the first report detailing the results of our ongoing audit of the Homeland Security, Neighborhood Improvements, Capital Projects and Infrastructure Improvements Bond Issuance (Bonds). The Bonds were approved by the voters of the City of Miami on November 13, 2001, for the City's issuance of $255 million in limited ad valorem tax bonds. The Proceeds are authorized as follows: Public Safety $ 31,000,000 Parks and Recreation 127,000,000 Streets and Drainage 54,000,000 Quality of Life 38,000,000 Historic Preservation 5,000,000 Total $ 255,000,000 Applicable Florida Statutes, the City Charter, Ordinance No. 12137 (enacted on October 11, 2001), Resolution No. 02-797 (adopted on July 9, 2002), and best practices impose requirements and restrictions on the use of proceeds and expenditure of funds from the Bond Issuance. As of December 31, 2003, approximately $155 million of the total $255 million approved had been issued, and $7,858,426 had been expended. This audit focused mainly on procurements/expenditures associated with CIP Project 331412 (Little Haiti Park) and CIP Project 331418 (Bicentennial Park). As of December 31, 2003, a total of $792,011 and $443,756 had been expended for Little Haiti Park and Bicentennial Park, respectively. Submitted Into the public record in connection with item_.,._ on Priscilla A. City Clerk SCOPE AND OBJECTIVES This audit was performed pursuant to the authority set forth in Section 48, of the City Charter, entitled: "Office of the Independent Auditor General" (OAG), and was conducted in accordance with the OAG's Fiscal Year 2004 Audit Plan. This report is the first of multiple audit reports that we plan on conducting throughout the life of the Bonds. The audit covered the period of October 1, 2001, through December 31, 2003, and selected transactions prior and subsequent to this period. In general, the audit focused on the following objectives: Determine whether procurements/expenditures of Bond Proceeds are in compliance with applicable statutes, ordinances, resolutions, and best practices. • Determine whether Bond proceeds were invested in accordance with applicable bond indentures and the City's Investment Policy. • Evaluate the City Management's compliance with requirements for the tax exempt status of the Bonds and required arbitrage calculations and payments, if any. • Ascertain the adequacy of City Management's controls and procedures in ensuring continued compliance with related laws, resolutions, bond indentures, bond covenants, and reporting requirements. Submitted Into the public record in connection with item M'I•} on.4 q •r Priscilla A. Thom son City Clerk 2 METHODOLOGY We conducted the audit in accordance with Generally Accepted Government Auditing Standards, issued by the Comptroller General of the United States. The methodology included the following: Interviewed and inquired of appropriate City personnel; reviewed and observed applicable statutes, resolutions, ordinances, offering statements, bond covenants, and procedures, in order to gain an understanding of the internal controls; assessed control risk; and planned substantive testing. Reviewed minutes of meetings of the City's Bond Oversight Board. Interviewed staff of other local governments to ascertain what issues they had encountered regarding issuance of debt. • Performed substantive testing consistent with the audit objectives. • Examined, on a test basis, applicable transactions and records. • Drew conclusions based on the testing and made corresponding recommendations. Submitted Into the public record in connection item NA.. on Priscilla A. Thompson City Clerk 3 SUMMARY OF AUDIT FINDINGS FINANCE AND CAPITAL IMPROVEMENT PROGRAM (CIP) DEPARTMENTS COMPLIANCE WITH CERTAIN SECTIONS OF APPLICABLE RESOLUTIONS, LAWS AND REPORTING REQUIREMENTS. As part of this audit, we conducted various audit tests, on a sample basis, to determine compliance with certain sections of applicable resolutions, laws and reporting requirements. Our tests disclosed that City management materially complied with the following: • Management has complied with the continuing disclosure requirements of Rule 15c2-12 of the United States Securities and Exchange Commission. • As of January 31, 2004, proceeds from said Bond Issuance held in investments were $152,020,310.77, and, based on our sample testing procedures, the City's total investment portfolio of $562,097,721.96, was invested in accordance with the Bond Indenture and the City's Investment Policy. • As part of the due diligence of this Bond Issuance, the City engaged a Bond Counsel, who, in part, opined on August 8, 2002, that "interest on the Series 2002 Bonds is excluded from gross income for federal tax purposes under Section 103 of the Internal Revenue Code of 1986, as amended." 4 Submitted Into the public record in connection with item ov./..x. on Priscilla A. Thompson City Clerk PURCHASING DEPARTMENT, ECONOMIC DEVELOPMENT DEPARTMENT, AND CAPITAL IMPROVEMENT PROGRAM (CIP) PROCUREMENT OF PROFESSIONAL SERVICES SUBJECT TO SECTION 287.055, FLORIDA STATUTES (CONSULTANTS' COMPETITIVE NEGOTIATION ACT). Chapter 18, Article III, Section 18-87, of the Code, stipulates: "In the Procurement of Professional Services covered by the Consultants' Competitive Negotiation Act, the provisions of Florida Statutes 287.055, as amended, shall govern." Section 287.055, Florida Statutes (Consultants' Competitive Negotiation Act — CCNA), governs the procurement of such services. The records reviewed indicated that a substantial portion of the $255 million bond issuance proceeds from the November 13, 2001, Bond Referendum have been approved and earmarked for projects requiring acquisition of professional architectural, engineering, landscape architectural, or surveying and mapping services. The sample size for this audit was limited to two projects, namely Little Haiti Park (CIP Project number 331412) and Bicentennial Park (CIP Project number 331418). Our test to determine compliance with the applicable Sections of the City Code and Florida Statutes, disclosed that purchase order number P230007, in the amount of $159,200, dated October 3, 2002, that was issued for "engineering services" provided by Post, Buckley, Schuh & Jernigan, relative to CIP Project 331412 (Little Haiti Park), was procured via piggybacking on Florida Department of Transportation (FDOT) contract 25072714201. There was no public announcement by the City as required in Section 287.055, (3)(a), Florida Statutes, nor was there any process of discussions with no fewer than three firms, as required in Section 287.055, (4)(a), Florida Statutes. 5 Submitted into the public record in connection ith item Ais • on G 9 66 Priscilla A. Thompson City Clerk MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST (TRUST), CAPITAL IMPROVEMENT PROGRAM (CIP), AND COMMUNITY DEVELOPMENT DEPARTMENT USE OF BOND PROCEEDS IN ACCORDANCE WITH ORDINANCE NO. 12137. Ordinance number 12137, enumerates the proposed use of Bond proceeds, and itemizes the use into 5 categories with 28 projects (see Exhibit I on page 17). A total of $54 million of the $255 million authorized and approved by voter referendum was designated for "Streets and Drainage". A total of $6 million was specifically eaiiiiarked for "Streets and Drainage" in the Model City revitalization project. On May 8, 2003, the City Commission passed and adopted Resolution number 03-479, which was sponsored by the Model City Community Revitalization District Trust (Trust). The supporting memorandum requested the Commission to approve the use of $1,815,133.15 of the $6 million Bond proceeds earmarked for Streets and Drainage in the Model City Improvements project, for the repayment of the Federal HOME funds. The supporting memorandum indicated that repayment to U.S. Department of Housing and Urban Development (HUD) with the said Bond proceeds may release HUD funds for the "streets and drainage" uses for which the $1,815,133.15 Bond proceeds were originally intended. The said Resolution was approved and adopted as requested by the Trust. As of this report date, these Bond proceeds have not yet been used to repay the Federal Home funds to HUD. The use of said $1,815,133.15 in Bond proceeds to pay back HUD monies for noncompliance with HOME Program may not comply with the intent of Ordinance No. 12137. 6 Submitted Into the public record in connectioyeiwith item A4 I S • 3- on Priscilla A. Thompson City Clerk AUDIT FINDINGS AND RECOMMENDATIONS FINANCE AND CAPITAL IMPROVEMENT PROGRAM (CIP) DEPARTMENTS COMPLIANCE WITH CERTAIN SECTIONS OF APPLICABLE RESOLUTIONS, LAWS AND REPORTING REQUIREMENTS. As part of this audit, we conducted various audit tests, on a sample basis, to determine compliance with certain sections of applicable resolutions, laws and reporting requirements. Our tests disclosed that City management materially complied with the following: • Management has complied with the continuing disclosure requirements of Rule 15c2-12 of the United States Securities and Exchange Commission, in regard to providing nationally recognized municipal securities information repositories, certain financial and operating information of the City and the occurrence of certain enumerated material events. The due date for said filing is June 30 following the prior September 30 fiscal year end. The City's next filing due date is June 30, 2004, for financial information for the fiscal year ended September 30, 2003. • Proceeds from the first issuance of the Homeland Security, Neighborhood Improvements, Capital Projects and Infrastructure Improvements Bonds (Bonds) in the amount of $155,130,086.15 were invested in the City's pooled investment portfolio. As of January 31, 2004, proceeds from said Bond Issuance held in investments were $152,020,310.77, and, based on our sample testing procedures, the City's total investment portfolio of $562,097,721.96, was invested in accordance with the Bond Indenture and the City's Investment Policy. • As part of the due diligence of this Bond Issuance, the City engaged a Bond Counsel, who, in part, opined on August 8, 2002, that "interest on the Series 2002 Bonds is excluded from gross income for federal tax purposes under Section 103 7 of the Internal Revenue Code of 1986, as amended." However, the opinion also indicated that it is the City's responsibility to maintain continued compliance with applicable Bond covenants in order for said interest to remain tax exempt and to avoid inclusion of interest in gross income retroactively. The City has also engaged a public accounting firm to calculate any arbitrage rebate liabilities in accordance with Section 148(f) of the Internal Revenue Code of 1986, as amended. Recommendation None Auditee Response and Action Plan None 8 Submitted Into the public' record in connection with item Avq• y on a g as Priscilla A. Thompson City Clerk c a) 4 c c 7, 8 A c E .o a) PURCHASING DEPARTMENT, ECONOMIC DEVELOPMENT DEPARTMENT, AND CAPITAL IMPROVEMENT PROGRAM (CIP) PROCUREMENT OF PROFESSIONAL SERVICES SUBJECT TO SECTION 287.055, FLORIDA STATUTES (CONSULTANTS' COMPETITIVE NEGOTIATION ACT). Chapter 18, Article III, Section 18-87, of the Code, stipulates: "In the Procurement of Professional Services covered by the Consultants' Competitive Negotiation Act, the provisions of Florida Statutes 287.055, as amended, shall govern." Section 287.055, Florida Statutes (Consultants' Competitive Negotiation Act — CCNA), governs the procurement of such services. Section 287.055, (3)(a), Florida Statutes, states: "Each agency shall publicly announce, in a uniform and consistent manner, each occasion when professional services must be purchased for a project the basic construction cost of which is estimated by the agency to exceed the threshold amount provided in s. 287.017 for CATEGORY FIVE or for a planning or study activity when the fee for professional services exceeds the threshold amount provided in s. 287.017 for CATEGORY TWO, except in cases of valid public emergencies certified by the agency head. The public notice must include a general description of the project and must indicate how interested consultants may apply for consideration." Section 287.055, (4)(a), Florida Statutes, states: "For each proposed project, the agency shall evaluate current statements of qualifications and performance data on file with the agency, together with those that may be submitted by other firms regarding the proposed project, and shall conduct discussions with, and may require public presentations by, no fewer than three firms regarding their qualifications, approach to the project, and ability to furnish the required services." c 8 .T (,) The records reviewed indicated that a substantial portion of the $255 million bond $ 5 issuance proceeds from the November 13, 2001, Bond Referendum have been approved and earmarked for projects requiring acquisition of professional architectural, engineering, landscape architectural, or surveying and mapping services. The sample size for this audit was limited to two projects, namely Little Haiti Park (CIP Project .c a. number 331412) and Bicentennial Park (CIP Project number 331418). Our test to 9 determine compliance with the applicable Sections of the City Code and Florida Statutes, disclosed that purchase order number P230007, in the amount of $159,200, dated October 3, 2002, that was issued for "engineering services" provided by Post, Buckley, Schuh & Jernigan, relative to CIP Project 331412 (Little Haiti Park), was procured via piggybacking on Florida Department of Transportation (FDOT) contract 25072714201. There was no public announcement by the City as required in Section 287.055, (3)(a), Florida Statutes, as noted above, nor was there any process of discussions with no fewer than three films, as required in Section 287.055, (4)(a), Florida Statutes, as stated above. The lack of compliance with applicable statutes and/or best practices in the procurement of goods or services may result in higher prices and/or lower quality for goods or services delivered to the City. In response to this audit finding, the City Attorney issued opinion MIA-0400004, dated March 31, 2004. This opinion advises that the City acted in good faith in accordance with procedures set forth in Section 18-111, City Code, in procuring the said services; however, it finds no specific legal authority for piggybacking as a means to procure services falling under CCNA. The opinion concludes: "unless and until legislatively or judicially deteinuned otherwise, our opinion is that the piggyback process under Section 18-111, of the City Code should not be used for CCNA professional services unless a valid public emergency has been declared to exist, which removes the City from the provisions of CCNA. This opinion is strictly limited to professional services subject to CCNA." Recommendation We recommend that the City's acquisition of professional architectural, engineering, landscape architectural, or surveying and mapping services, be done in accordance with Section 287.055, Florida Statutes (Consultants' Competitive Negotiation Act — CCNA). As opined by the City Attorney, this would normally preclude the City from procuring such services through the piggybacking process. 10 Auditee's Response and Action Plan The Purchasing Department, Economic Development Department and Capital Improvement Programs all concurred with this finding and recommendation. Submitted Into the public -- record in connection w'th item ,v . y. on v 4 or Priscilla A. Thompson City Clerk 11 MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST (TRUST), CAPITAL IMPROVEMENT PROGRAM (CIP), AND COMMUNITY DEVELOPMENT DEPARTMENT USE OF BOND PROCEEDS IN ACCORDANCE WITH ORDINANCE NO. 12137. Ordinance number 12137, enacted on October 11, 2001, authorized, subject to a special municipal election on November 13, 2001 (Bond Referendum), the issuance of $255 million of aggregate principal general obligation Homeland Defense/Neighborhood Improvement Bonds (Bonds) to be repaid with ad valorem taxes. The Ordinance stipulated that the debt millage rate may not exceed 1.218. Resolution number 02-797, adopted July 9, 2002, acknowledged approval of the said Referendum by the qualified electors of the City and initiated the first issuance of the $255 million in an amount not to exceed $160 million in aggregate principal. Attachment I, to Ordinance number 12137, enumerates the proposed use of bond proceeds, and itemizes the use into 5 categories with 28 projects (see Exhibit I on page 17). A total of $54 million of the $255 million authorized and approved by voter referendum was designated for "Streets and Drainage". A total of $6 million was specifically earmarked for "Streets and Drainage" in the Model City revitalization project. On May 8, 2003, the City Commission passed and adopted Resolution number 03-479, which was sponsored by the Model City Community Revitalization District Trust (Trust). The said Resolution and supporting memorandum indicated that $1,815,133.15 of Federal HOME Investment Partnership (HOME) Program funds had been used during fiscal year 2002 for property acquisitions for the Model City Homeownership Zone Pilot Project (Project). The supporting memorandum stated that the Trust had received written correspondence from the City's Community Development department (CD depai tiiient) in February 2003 indicating that the Project was not in compliance with U.S. Department of Housing and Urban Development (HUD) regulations relative to land banking (acquisition of property when construction is not reasonably expected to begin within 12 months); consequently, the CD department requested the payback of Federal HOME 12 funds to HUD to resolve the compliance issue. The supporting memorandum requested the Commission to approve the use of $1,815,133.15 of the $6 million Bond proceeds earmarked for Streets and Drainage in the Model City Improvements project, for the repayment of the Federal HOME funds, as noted above. The supporting memorandum indicated that repayment to HUD with the said Bond proceeds may release HUD funds for the "streets and drainage" uses for which the $1,815,133.15 Bond proceeds were originally intended. The said Resolution was approved and adopted as requested by the Trust. Upon audit inquiry, the Acting President/CEO of the Trust and the Director of the CD department, indicated that as of the date (more than a year after the Resolution was passed) of this report, the $1,815,133.15 Bond proceeds had not yet been transferred to pay back the HOME funds and the monies due to HUD have not yet been paid. HUD has frozen the HUD funds line of credit for the Project but has not required the City to pay penalty or interest on the balance due. The use of said $1,815,133.15 in Bond proceeds to pay back HUD monies for noncompliance with HOME Program may not comply with the intent of Ordinance No. 12137. Additionally, it is unclear whether the transfer of bond monies to HUD as intended would resolve all noncompliance issues and unfreeze the HUD funds line of credit. Recommendation We recommend that, prior to effectuating a transfer and use of the said $1,815,133.15 Bond proceeds to repay HUD as proposed, management obtain a written legal opinion from its Bond Counsel as to the legality of such use of Bond proceeds which were designated for Streets and Drainage — Model City Improvements. Also, City management should request verification in writing from HUD that any refunded HOME funds would be available to be drawn down by the City and used for "streets and drainage." Auditee's Response and Action Plan Submitted Into the public record in connection w'th item mq• 2- on ds' Priscilla A. Thompson 13 City Clerk The management of the Model City Trust, Capital Improvement Program, and Community Development department all concurs with this finding and recommendation (see pages 15 and 16). A request for legal opinion from the bond counsel has been made through the City Attorney's office. Submitted Into the public record in connection item A/f• '- on Priscilla A. Thofnpson City Clerk 14 FannersAlps for a NEw.M1AMI To: Victor Igwe, Auditor From: Marva L. Wiley ; {�1S ` Bar'. Acting President/ Direc Model City Community Community } =v o Revitalization' District Tru Subject: Audit Response - Bond Date: March 31, 2004 hc►,EiVEO MAR 3 1 2004 We have reviewed the findings and recommendations of the Office of the. Auditor General related to the transaction to utilize funds from the Homeland Defense/ Neighborhood Improvement Bond ("Bond") for land acquisition in the Model City Homeownership Zone Pilot Project (the "Project') in exchange for the same dollar amount of the City's entitlement dollars allocated for the Project the being. utilized for the purpose designated in the Bond's authorizing ordinance (i.e. Model City Infrastructure Improvements). The City Attorney has been advised of the auditor's recommendation that bond counsel opine on the legality of a "swap" of funds as discussed in this report. All parties agree that such a document finding will support the integrity of the process and the collective understanding and collaboration for ' this and subsequent bond initiatives. The Model City Trust and the City of Miami s Department of Community Development are committed to ensuring that the federal entitlement dollars (HUD. funds) designated for the Model City area are prioritized for streets and drainage infrastructure improvements as captured in Ordinance 12137, which authorized the Homeland Defense/Neighborhood Improvement Bond. With the wealth of improvements anticipated for the area, all parties are confident that the infrastructure investment will far exceed the "swap" of $1.8 Million discussed in this finding. 15 Submitted Into the public record in connection with item NA •s on Fl9os Priscilla A. Thompson City Clerk CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Victor I. Igwe Auditor General DATE : SUBJECT: March 31, 2004 Response to Audit Findings and Reoommehdittions Parisians to Use REFERENCES of Homeland Debate Bond Proceeds Et4C1,06URF-E: 1 have reviewed the observations reference to obtaining s legal op Revitalization Diana Trost. concurwtth this for legal opinion was initiated by Ms. Marva Office. A copy of this request is attached for your convenience. As to the recommendation to obtain written verifiCstion from HUD, 1 defer this response tolirS-CD . Depermient and the Trost .„ . Attachment c: Maly Conway, P.E. Jorge Cano,P.E,. Barbara Gomez -Rodriguez Marva Wiley Jon Goodman Pifer Saenz Submitted Into the public record in connection item A44.›- on 0 Priscilla A. Thompson City Clerk 1 6 EXHIBIT I PROPCD GENERAL OBLIGATION BOND ISSUE PROJECTS LIST PUBLIC SAFETY Homeland Defense Preparedness Initiative Neighborhood Fire Stations and Training Facility Police Training Facility PARKS AND RECREATION Little Haiti Park. Virginia Ivey Park Improvements Bicentennial Park Improvements Jose Marti/East Little Meant Parks Expansion Margaret Pace Park Itnpzgvernents Soccer Complex Development Citywide Waterfront Improvements 1 Marine Stadium Renovation Neighborhood Park Improvements and Acc wsi. Fein Isle Cleanup and Renovation Orange Bowl STREETS AND DRAINAGE Flagami Storm: Water Mitilratioa Grand Avenue Improvements Model City Improvements Coral Way Improvements Cabe Ocho Improvements NE 2nd Avenue improvements (36th Street tt Design District/FEC Corridor Improvements Downtown Infrastructure Improvements 5 11,000,000 5 10,000,000 5 10,000,000 5 31,000,000 $ $ $ $ 78tb Street) _ f $ QUALITY OF LIFE Quality of Life (i5 Million Capital Improvements/District) Greeaways Museum of Science Museem of Art Neighborhood Gateways HISTORIC PRESERVATION Historic Preservation Initiative TOTAL PROPOSED BOND PROGRAM 25,000,000 5,000,000 10,000,000 5,000,000 4,000,000 10,000,000 10,000,000 2,000,000 31,000,000 9,000,000 16,000,000 10,000,000 3,0013,000 6,000,000 3,000,000 6,000,000 6,000,000 10,000,000 10,000,000 $ . 25,000,000 $ 2,000,000 $ 3,500,000 $ 3,500,000 $ 4,000,000 i 127,000,000 12°e 50'/s 21'/0 $ 38,000,000 15% 1 5,000,000 2% $ 255,000,000 100% 10/11/2001 AT 625 PM I7 Submitted Into the public record in connection wi h /4//ets- Priscilla item /W.>. on / A. Thompson City Clerk SQUIRE, SANDERS & DEMPSEY L.L.P. SQUIRE DERS LEGAL COUNSEL WORLDWIDE To; Alejandro Vilarello, Esq. Marva Wiley, Esq. From: Date: Re: Squire, Sanders & Dempsey L.L.P. July 2, 2004 Model City Community Revitalization District Trust - Model City Homeownership Zone Pilot Project — Reallocation of HOME Funds Submitted Into the public record in connection with item A141-)- on AS Priscilla A. Thompson City Clerk FACTS: The Model City Community Revitalization District Trust (the "Model City Trust") oversees the Model City Homeownership Zone Pilot Project (the "Project"). In order to further the goals and objectives of the Project, the City of Miami authorized that a portion of the Home Investment Partnership Program ("HOME") funds received by the City from the United States Department of Housing and Urban Development ("HUD") be applied to acquire certain properties for the Project. The acquisitions financed with the HOME funds included the purchase of approximately 26 tax deeds, representing abandoned properties and an additional 13 properties acquired through private sales, all as more specifically described in the Reconciled List of Properties attached hereto as Schedule A and by this reference incorporated herein. These acquisitions, including tax deed and private sale transactions, occurred between November 2000 and October 2002. Additionally, the City of Miami acquired a first position mortgage on a property on which the City had previously held a second mortgage (the Miami Limited properties) and paid taxes on the properties acquired during the aforementioned period. The total acquisition and acquisition -related expenses are $2,649,766.23. Since the acquisition of the properties described in Schedule A, there has been no construction of homes or other related activity on such property. HUD regulations require that a project funded with HOME funds have a reasonable expectation of commencement within twelve (12) months of the participating jurisdiction (i.e., City of Miami) setting up the expense in HUD's information and disbursement system. Since this 12-month requirement has not been met, the City of Miami's Department of Community Development, which administers the HOME funds, has recommended the reimbursement of HOME funds used for the Project land acquisitions. The proposed solution includes a "swap" of funds derived from the proceeds of the City's Limited Ad Valorem Tax Bonds (as defined herein) and the HOME funds, so that the dollars that have been spent for Project land acquisition can be reprogrammed for Model City infrastructure improvements that were to have been financed with proceeds of the Limited Ad Valorem Tax Bonds and the proceeds of the Limited Ad Valorem Tax Bonds that were to have been applied to finance Model City infrastructure Miami/I472 I .4 I Ar 7 Submitted Into the pubtic record in connection wt h item idn.›- ©n or C ..,QUIRE, SANDERS & DEMPSEY L.L.P. Priscilla A. Thompson City Clerk improvements are used for the Project land acquisition originally financed with the HOME funds. ISSUE PRESENTED: May a portion of the proceeds of the Limited Ad Valorem Tax Bonds be "swapped" with the HOME funds, retroactively, so that the bond proceeds are deemed used to finance properties initially acquired with HOME funds and the HOME funds are available to be used to finance street and infrastructure improvements within Model City? CONCLUSION: Based on the information presented in Schedule A and the other relevant facts as we understand them, $1,493,611.04 of the Project land acquisition expenditures previously paid with the HOME funds may be reallocated to, and deemed paid from, a portion of the proceeds of the Limited Ad Valorem Tax Bonds. Under the applicable federal tax rules, it is possible to increase the reallocated amount by $42,244.68 (so that the total amount reallocated to the Limited Ad Valorem Tax Bonds is $1,535,855.72). However, because of state law and document concerns, it is best not to include this additional amount in the proposed reallocation. DISCUSSION: The City's Limited Ad Valorem Tax Bonds, Series 2002 (Homeland Defense/Neighborhood Capital Improvement Projects), in the aggregate principal amount of $153,186,405.85 (the "Limited Ad Valorem Tax Bonds"), were issued on August 8, 2002 as tax- exempt bonds pursuant to Resolution No. 02-797 adopted by the City Commission on July 9, 2002 (the "Bond Resolution"). Prior to adopting the Bond Resolution, the City Commission had enacted Ordinance No. 12137 on October 11, 2001 (the "Bond Ordinance"), which authorized the issuance of not exceeding $255,000,000 principal amount of bonds (the "Voter Approved Bonds"), provided for the levy and collection of ad valorem taxes at a rate not to exceed the debt millage of 1.218 mills, together with other debt, and the holding of an election. The issuance by the City of the Voter Approved Bonds was approved by the qualified electors of the City in a referendum election held on November 13, 2001. The Limited Ad Valorem Tax Bonds constitute the first series of the Voter Approved Bonds authorized by the Bond Ordinance and approved by the voter referendum. Because the Limited Ad Valorem Tax Bonds were issued as tax-exempt bonds, federal tax law limits how the proceeds of such Bonds may be spent. Similarly, state law and the operative documents under which the Limited Ad Valorem Tax Bonds were issued, namely, the Bond Resolution and the Bond Ordinance, restrict the purposes to which the proceeds of the Bonds may be applied. For the reasons discussed below, these restrictions effectively limit the extent to which the HOME funds and the proceeds of the Limited Ad Valorem Tax Bonds may be "swapped", so that only $1,493,611.04 of the total $2,649,766.23 reflected on Schedule A may be reallocated. The main federal tax law impediment to the proposed reallocation results from the timing of the expenditures. Acquisition expenditures made prior to the issuance of the Limited Ad Valorem Tax Bonds are subject to certain "reimbursement" rules under the Internal Revenue SQUIRE, SANDERS & DEMPSEY L.L.P. Miami/14721.4 - 2 - July 2, 2004 Submitted Into the public record in connectiOfl with item /.14-• on A' or Priscilla A. Thom son City Clerk SQUIRE, SANDERS & DEMPSEY L.L.P. Code of 1986, as amended (the "Code"). These rules allow tax-exempt proceeds to be used to reimburse expenditures made no more than sixty (60) days prior to the issuer's adoption of an "official intent" resolution declaring the issuer's intention to reimburse itself from the proceeds of debt obligations. In the instant case, the City of Miami adopted an "official intent" or "reimbursement" resolution (Resolution No. 02-41) on January 10, 2002. This means that any acquisition expenditures made prior to November 10, 2001, are not eligible to be reimbursed with the proceeds of the Limited Ad Valorem Tax Bonds. Accordingly, HOME funds expended prior to November 10, 2001 may not be "swapped" with proceeds of the Limited Ad Valorem Tax Bonds. The "Pre -Bond (11/10) Expenses)" column on Schedule A indicates all expenditures made prior to November 10, 2001. These acquisitions add up to $1,113,910.51 of the $2,649,766.23 total expenditures made with HOME funds. This leaves $1,535,855.72 as potentially eligible for "swapping" with proceeds of the Limited Ad Valorem Tax Bonds. The reimbursement rules also impose a limit on the period within which proceeds of tax- exempt bonds may be allocated to the reimbursement of prior expenditures. The reimbursement allocation must take place no later than 18 months after the date of the original expenditure or the date the project is placed in service or abandoned, whichever is later, but in no event more than three years after the date of the original expenditure. As described in the "Purpose" column of Schedule A, $1,493,611.04 of the $1,535,855.72 of HOME funds expended on or after November 10, 2001, were expended for public purposes - park expansion, mini park/green space, commercial corridor parking and public buildings. Given the absence of any further activity toward the "Purpose" described for the acquired properties subsequent to the City's acquisition, and our understanding that the City has not abandoned its intention to carry out the stated "Purposes", it is reasonable to conclude that the 18-month period has not yet begun for any of the eligible properties. The three year period will begin to expire in November 2004. Accordingly, these amounts may be "swapped" without any adverse tax consequence to the Limited Ad Valorem Tax Bonds. The remaining $42,244.68 of HOME funds expended on or after November 10, 2001 were spent to acquire properties that will ultimately be used as private homes — either single family detached or townhomes. Because these amounts likely would be treated as constituting "private loans" under the Code, they can only be reallocated if such amounts, together with all other expenditures of the proceeds of the Limited Ad Valorem Tax Bonds that would be treated as "private loans" under the Code, do not exceed $5 million. For purposes of this memorandum, we assume there are no other uses of the proceeds of the Limited Ad Valorem Tax Bonds that would constitute "private loans" under the Code.1 The Limited Ad Valorem Tax Bonds were issued as "governmental bonds" and not "private activity bonds". A use of the proceeds of the Limited Ad Valorem Tax Bonds that would convert such Bonds into private activity bonds would cause the interest on the Bonds to become taxable. Under Section 141(c) of the Code, bonds are private activity bonds if more than the lesser of 5% or $5 million of the issue is to be used to make or finance loans to nongovernmental persons. SQUIRE, SANDERS & DEMPSEY L.L.P. Miarni/14721 4 July 2, 2004 SQUIRE, SANDERS & DEMPSEY L.L.P. In deciding whether to reallocate this additional $42,244.68, the City of Miami must also consider the limitations of Florida law and the operative bond documents. In general, under Florida law, in order for a municipality to expend municipal funds, such expenditure must be for a public purpose (Article 7, Section l 0, Florida Constitution). However, the Florida courts have stated that if a city or county has used either its taxing power or pledge of credit to support an issuance of bonds, the purpose for which the proceeds are used must serve a "paramount public purpose" and any benefits to a private party must be incidental. 2 Since the Limited Ad Valorem Tax Bonds are to be repaid from ad valorem taxes revenues, it is fair to conclude that the use of the bond proceeds for private purposes must meet the "paramount public purpose" standard. The Bond Resolution and the Bond Ordinance may provide additional limitations on reallocating the additional $42,244.68. Both the Bond Resolution and the Bond Ordinance contain a listing, by general categories, of the types of projects to be financed with the proceeds of the Limited Ad Valorem Tax Bonds. None of these categories expressly include expenditures for single family homes or townhomes. It may be possible to argue, however, that the "Quality of Life" expenditures would include the acquisition of single family homes and townhomes to promote homeownership in low income neighborhoods. In passing on the "swap" of HOME funds with proceeds of the Limited Ad Valorem Tax Bonds, we have assumed the following: (i) the HOME funds or other federal "entitlement dollars" (i.e., Community Development Block Grant dollars) will be used to finance street and infrastructure improvements within the Model City area to the same extent that proceeds of the Limited Ad Valorem Tax Bonds were to be applied for such purposes, and (ii) the applicable HUD rules and regulations allow HOME funds or such other federal "entitlement dollars" to be applied to such purposes. Submitted Into the pubtic record in connection with item OF,- on Priscilla A. Thompson City Clerk 2 See Poe v Hillsborough County, 695 So.2d 672 (Fla 1997) and State of Florida v. Osceola County, 752 So.2d 530 (Fla. 1999). SQUIRE, SANDERS & DEMPSEY L.L.P. - 4 July 2, 2004 Miami/14721 4 -r Wiley, Marva From: Simpson, James Scott Sent: Wednesday, September 15, 2004 9:05 AM To: Wiley, Marva Subject: RE: wire transfer to HUD re: Model City thanks... Submitted Into the public record in connection w'th item Ai* on 4 as - Priscilla A. Thompson City Clerk From: Wiley, Marva Sent: Wednesday, September 15, 2004 9:05 AM To: Simpson, James Scott Cc: Rodriguez, G. Barbara; Haskins, Linda; Saenz, Pilar; Rosemond, Daniel; Blanco, Armando Subject: RE: wire transfer to HUD re: Model City Not a problem. I'll get right on it. Original Message From: Simpson, James Scott Sent: Wednesday, September 15, 2004 9:04 AM To: Wiley, Marva Cc: Rodriguez, G. Barbara; Haskins, Linda; Saenz, Pilar; Rosemond, Daniel; Blanco, Armando Subject: RE: wire transfer to HUD re: Model City I would prefer to have the check number(s) and date(s) included in the file for the amounts that relate to the $321,522.11... The additional information supplements the audit trial and will help answer any questions in the future about the timeliness and validity of the expenditures as they relate to bond funds... Thanks, Scott From: Wiley, Marva Sent: Wednesday, September 15, 2004 8:58 AM To: Simpson, James Scott Cc: Rodriguez, G. Barbara; Haskins, Linda; Saenz, Pilar; Rosemond, Daniel; Blanco, Armando Subject: RE: wire transfer to HUD re: Model City Having established the base transaction of a swap between Homeland Defense and HOME, the balance is available with a similar swap between Model City Housing Initiatives and Homeland Defense. Please see the attached worksheet that reflects transactions since October 2003 which utilized Model City Housing Initiatives with a note as to which are public purpose. The standard established by the legal opinion is timing of the transaction (after November 2001) and public purpose for the ultimate use. Let me know if you have any additional questions. Marva 5/31/2005 T4a Page 2n14 Original Message From: Simpson, James Scott Sent: Wednesday, September 15,2UO48:S4AM To: Wiley, Marva Cc: Rodriguez, G.Barbara; Haskins, Linda; Saenz,Fi|ar; Roscnlond, Daniel; Blanco, Armando Subject: RE: wine transfer to HUD re: Model City Importance: High I need help reconciling the paperwork sent to me... The IDP is asking for $1,815,133.15 (341128.Q5S3O7.6.810)and this amount agrees with City ResoU3-47S... |donot see how this amounts agrees with Bond Counsel's opinion that $1,493,611.04 may be reallocated from Home fund expenditures tnbond fund oxpend/tuoeo... Duyou have additional back for the balance of $321.522.11oradditional correspondence from Bond Counoe|... From: Wiley, Marva Sent: Monday, September13,3DO411:12AM To: Rmsemond, Daniel; Simpson, James Scott Cc: Rodriguez, G. Barbara; Haskins, Linda; Saemz, Pi|mr Subject: RE: wire transfer to HUD re: Model City |spoke with Pilar earlier and she said she would deliver to Scott. Should beinprocess. Thanks. Original Message From: RoaemonU,Daniel Sent: Monday, Septemnbm,13, 2004 10:58AM To: Simpson, James Scott Cc: Wiley, Marva; Rodriguez,(]. Barbara; Haskins, Linda; Saenz, Pi|ar Subject: RE: wire transfer to HUD re: Model City Scott, Who does the paperwork need to come from, Marva? If so, Marva can you please expedite. Assistant Director Department of Community Duvet (305)416-1999 Original Message From: Simpson, James Scott Sent: Monday, September 13, 2004 10:07AM To: Wiley, Marva; Rodriguez,G. Barbara; Kosomond, Daniel Cc: Blanco, Armando Subject: FVV: wire transfer tn HUD re: Model City I need to get the paperwork and I can wire the funds ASAP... Pleaseadvise. . From: Wiley, Marva 5/31/2005 S,bmitted Into the Public record in connection with Priscilla A. ThOmPson CRY Clerk Page 3 ot 4 Sent: Monday, September 13, 2004 10:03 AM To: Rodriguez, G. Barbara; Rosemond, Daniel; Simpson, James Scott Cc: Haskins, Linda; Rosemond, David; Spring, Larry; Conway, Mary; Cano, Jorge; Saenz, Pilar; Cuervo Schreiber, Alicia; Valera, Elizabeth; Blanco, Armando Subject: RE: wire transfer to HUD re: Model City OK Submitted Into the public record in connection with item All• >- on 9 Priscilla A. Thompson City Clerk Original Message From: Rodriguez, G. Barbara Sent: Monday, September 13, 2004 10:03 AM To: Wiley, Marva; Rosemond, Daniel; Simpson, James Scott Cc: Haskins, Linda; Rosemond, David; Spring, Larry; Conway, Mary; Cano, Jorge; Saenz, Pilar; Cuervo Schreiber, Alicia; Valera, Elizabeth; Blanco, Armando Subject: RE: wire transfer to HUD re: Model City Original Message From: Wiley, Marva Sent: Monday, September 13, 2004 9:52 AM To: Rosemond, Daniel; Simpson, James Scott Cc: Haskins, Linda; Rosemond, David; Spring, Larry; Conway, Mary; Cano, Jorge; Saenz, Pilar; Cuervo Schreiber, Alicia; Rodriguez, G. Barbara; Valera, Elizabeth; Blanco, Armando Subject: RE: wire transfer to HUD re: Model City FYI, We delivered a direct pay request for the funds to come from the Homeland Defense allocation to Pilar on Friday. Barbara had requested a check previously. Do you want to do a wire instead? We want a wire instead of a check. Barbara Marva Original Message From: Rosemond, Daniel Sent: Monday, September 13, 2004 9:47 AM To: Simpson, James Scott Cc: Haskins, Linda; Rosemond, David; Spring, Larry; Conway, Mary; Cano, Jorge; Saenz, Pilar; Cuervo Schreiber, Alicia; Wiley, Marva; Rodriguez, G. Barbara; Valera, Elizabeth; Blanco, Armando Subject: wire transfer to HUD re: Model City Importance: High Scott: Pursuant to our discussions relative to Model City, it was agreed that the $1.8m (bond dollars) would be wired to HUD in order to address the land -banking 5/31/2005 Page 4 of 4 issue. We would like the wire to be done this week. Please confirm exact date so we can advise HUD when to expect it. Please also let us know the account from which this will be drawn. It is also understood from our meeting that once HUD receives this money, they will put $1.8m in HOME funds back on our line of credit. This money is to be used exclusively for infrastructure improvements in the Model City area as agreed to with the bond oversight board. Please let me know if you have any questions in regard to this issue. Vanier. Rosemond, Assistant Director Department of Community Deveropment (305) 416-1999 Submitted Into the public record in connectio h item itsif.›- on as' Priscilla A. Tho pson City Clerk 5/31/2005 FIN63 -INl7HD Bank Vendo,# Invoice # PO# Operator Invoice Total G/LData Pay Date Reissue Date Area Accounts Payable Invoice Next Screen Comments Approval I | Budget Status Invoices by PO 6 1 AP Inquiries ' -_ New Inv _ ��~~_�~~-_~____~ Organ�aton#I NameIQ? 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