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HomeMy WebLinkAboutSEOPW CRA 2022-02-07 MinutesCity of Miami 819 NW 2nd Ave 3rd Floor Miami, FL 33136 http://miamicra.com Meeting Minutes Monday, February 7, 2022 1:00 PM City Hall 3500 Pan American Drive Miami, FL 33133 SEOPW Community Redevelopment Agency Christine King, Chair, District Five Alex Diaz de la Portilla, Vice Chair, District One Ken Russell, Board Member, District Two Joe Carollo, Board Member, District Three Manolo Reyes, Board Member, District Four SEOPW CRA OFFICE ADDRESS: 819 NW 2nd AVE, 3rd FLOOR MIAMI, FL 33136 Phone: (305) 679-6800, Fax (305) 679-6835 www.miamicra.com Southeast Overtown/Park West CRA Meeting Minutes February 7, 2022 CALL TO ORDER Present: Chairwoman King, Vice Chair Diaz de la Portilla, Commissioner Russell, Commissioner Carollo and Commissioner Reyes On the 7th day of February 2022, the Board of Commissioners of the Southeast Overtown/Park West Community Redevelopment Agency of the City of Miami met in regular session at Miami City Hall, 3500 Pan American Drive, Miami, Florida. The meeting was called to order by Chairwoman King at 3:42 p.m., and was adjourned at 3: 55 p.m. Note for the Record: Commissioner Russell entered the meeting at 3:43 p.m. ALSO PRESENT: James McQueen, Executive Director, CRA William Bloom, Special Counsel, CRA George Wysong, Assistant City Attorney, Supervisor Todd B. Hannon, Clerk of the Board CRA PUBLIC COMMENTS CRA RESOLUTION(S) 1. CRA RESOLUTION 11329 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, AUTHORIZING THE ISSUANCE OF A GRANT TO OVERTOWN OPTIMIST CLUB IN AN AMOUNT NOT TO EXCEED $200,000.00, TO UNDERWRITE COSTS ASSOCIATED WITH ITS AFTER -SCHOOL PROGRAM, PLAY TO OUR STRENGTHS; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURPOSE; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS, AT HIS DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS, UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION; ALLOCATING FUNDS FROM SEOPW "OTHER GRANTS AND AIDS," ACCOUNT CODE NO. 10050.920101.883000. ENACTMENT NUMBER: CRA-R-22-0001 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Board Member, District One SECONDER: Manolo Reyes, Board Member, District Four AYES: King, Diaz de la Portilla, Russell, Carollo, Reyes Chair King: Good afternoon, everyone. 1 am calling to order the February 7, 2022, Southeast Overtown/Park West CRA (Community, Redevelopment Agency) meeting. Mr. Executive Director. SEOPW CRA Page 1 Printed on 1/11/2023 Southeast Overtown/Park West CRA Meeting Minutes February 7, 2022 James McQueen (Executive Director, CRA): Yes, Commissioner, Madam Chairman -- Chairwoman. Chair King: Briefly -- please briefly read the agenda items, CRA resolutions 1 through 6 into the record, please. Mr. McQueen: Item 1 is a resolution of the Board of the Commissioners of the Southeast Overtown/Park West Community Redevelopment Agency authorizing the issuance of a grant to the Overtown Optimist Club in an amount not to exceed $200, 000 to underwrite costs associated with its afterschool program "Play to our Strengths"; further authorizing the executive director to execute all necessary documents. Item Number 2 is a resolution of the Board of Commissioners of the Southeast Overtown/Park West Community Redevelopment Agency authorizing a grant in the amount not to exceed $350,000 to the Mount Zion Development, Inc. for its recertification -- 40-year recertification and a full roof replacement of the Mount Zion Baptist Church, located at 301 Northwest 9th Street, Miami, Florida. Item Number 3 is a resolution of the Board of the Commissioners of the Southeast Overtown/Park West Community Redevelopment Agency authorizing a grant to Human Resources of Miami, Inc. in an amount not to exceed $75,000 to increase the wages of the Overtown Beautification Team to help ensure they receive a living wage. Item Number 4 is a resolution of the Board of Commissioners of the Southeast Overtown/Park West Community Development [sic] Agency authorizing the issuance of a grant to New Washington Heights Community Redevelopment Conference, Inc. in the amount not to exceed $190,000 to underwrite the cost associated with the production and operation of Folk Life Fridays, a monthly open-air market in the redevelopment area. Item Number 5 is a resolution of the Board of Commissioners of the Southeast Overtown/Park West Community Redevelopment Agency ratifying an expenditure of funds in the amount of $19,534.40 to underwrite the costs associated with the 13th Annual Overtown Holiday Tree Lighting Ceremony held on December 20, 2021, in the redevelopment area. And Item Number 6 is a resolution of the Board of Commissioners of the Southeast Overtown/Park West Community Redevelopment Agency rescinding the CRA Resolution number CRA-R-21-0050 in its entirety, thereby rescinding the acceptance and authorization to execute a separation agreement between the SEOPW (Southeast Overtown/Park West) CRA, the City of Miami, and Mr. Cornelius Shiver as the executive director. Vice Chair Diaz de la Portilla: Madam, I'd like to move -- Chair King: Hold on one second. Mr. Attorney, Item Number 6, resolution number 6, that is incorrect. It should not be recission. It should be a clarification, an amendment to it. What do we need to do to read that into the record? George Wysong (Assistant City Attorney): Okay. Let's just -- sorry, I'll need a little bit of direction. But the direction, I guess, is that this board will be directing the executive director to modify the agreement to clarify the proper amounts of emoluments that will be paid out to the former executive director. Chair King: That is correct. Vice Chair Diaz de la Portilla: Madam Chair, would you like me to move Items 1 through 5 and get that off the plate? Board Member Reyes: I second. That's what -- Vice Chair Diaz de la Portilla: Yes. Board Member Reyes: -- I was going to say. SEOPW CRA Page 2 Printed on 1/11/2023 Southeast Overtown/Park West CRA Meeting Minutes February 7, 2022 Chair King: Yes. Vice Chair Diaz de la Portilla: So, I will move Items 1 through 5. Board Member Reyes: That's right. Mr. Wysong: Could we open public comment -- Chair King: Wait. We have to open -- Mr. Wysong: --Jrothose? Chair King: -- for public comment. Vice Chair Diaz de la Portilla: I know but I want to move it first. Mr. Wysong: Yes, thank you. Chair King: We have to open for public comment. Vice Chair Diaz de la Portilla: But it's been moved and second. Board Member Reyes: That's what I was going to say. Chair King: Okay. Cornelius Shiver: So, should I wait for --? Chair King: You should wait. Mr. Shiver: Okay. Board Member Reyes: Okay. Chair King: Anyone here for public comment on Items 1 through 5? Seeing none, all in favor? Board Member Reyes: Say "aye." Chair King: All in favor? The Board Members (Collectively): Aye. Board Member Reyes: Madam Chair, now on Item -- Chair King: The motion -- the -- Items 1 through 5 -- Board Member Reyes: Motion passes. Chair King: -- passes. Commissioner Russell, did you vote? Board Member Russell: Yes. Todd B. Hannon (Clerk of the Board): My apologies, Chair. It was moved by Commissioner Diaz de la Portilla, seconded by Commissioner Reyes? SEOPW CRA Page 3 Printed on 1/11/2023 Southeast Overtown/Park West CRA Meeting Minutes February 7, 2022 Chair King: Correct. Mr. Hannon: Passed unanimously, 1 through 5. Chair King: Passed, 1 through 5 passes unanimously. 2. CRA RESOLUTION 11332 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING A GRANT, IN THE AMOUNT NOT TO EXCEED $350,000.00, TO MOUNT ZION DEVELOPMENTS, INC. FOR ITS 40- YEAR RECERTIFICATION AND A FULL ROOF REPLACEMENT OF MOUNT ZION BAPTIST CHURCH LOCATED AT 301 N.W. 9TH STREET, MIAMI, FLORIDA; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS, AT HIS DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS, UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURPOSE; FUNDS TO BE ALLOCATED FROM SEOPW TAX INCREMENT FUND, ENTITLED "OTHER GRANTS AND AIDS," ACCOUNT CODE NO. 10050.920101.883000.0000.00000. ENACTMENT NUMBER: CRA-R-22-0002 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Board Member, District One SECONDER: Manolo Reyes, Board Member, District Four AYES: King, Diaz de Ia Portilla, Russell, Carollo, Reyes Note for the Record: For minutes referencing Item Number 2, please see Item Number 1. SEOPW CRA Page 4 Printed on 1/11/2023 Southeast Overtown/Park West CRA Meeting Minutes February 7, 2022 3. CRA RESOLUTION 11416 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING A GRANT TO HUMAN RESOURCES OF MIAMI, INC., IN AN AMOUNT NOT TO EXCEED $75,000.00 TO INCREASE THE WAGES OF THE OVERTOWN BEAUTIFICATION TEAM TO HELP ENSURE THEY RECEIVE A LIVING WAGE; AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURPOSE; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS, AT HIS DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS, UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION; FUNDS TO BE ALLOCATED FROM SEOPW "OTHER GRANTS AND AIDS," ACCOUNT CODE N O.10050.920101.883000.0000.00000. ENACTMENT NUMBER: CRA-R-22-0003 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Board Member, District One SECONDER: Manolo Reyes, Board Member, District Four AYES: King, Diaz de Ia Portilla, Russell, Carollo, Reyes Note for the Record: For minutes referencing Item Number 3, please see Item Number 1. SEOPW CRA Page 5 Printed on 1/11/2023 Southeast Overtown/Park West CRA Meeting Minutes February 7, 2022 4. CRA RESOLUTION 11417 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE ISSUANCE OF A GRANT TO NEW WASHINGTON HEIGHTS COMMUNITY DEVELOPMENT CONFERENCE, INC., IN AN AMOUNT NOT TO EXCEED $190,000.00, TO UNDERWRITE COSTS ASSOCIATED WITH THE PRODUCTION AND OPERATION OF "FOLK LIFE FRIDAYS", A MONTHLY OPEN-AIR MARKET IN THE REDEVELOPMENT AREA, FOR 2022-2023; AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURPOSE; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS, AT HIS DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS, UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION; FUNDS TO BE ALLOCATED FROM SEOPW TAX INCREMENT FUND, ENTITLED "OTHER GRANTS AND AIDS," ACCOUNT CODE NO. 10050.920101.883000.0000.00000. ENACTMENT NUMBER: CRA-R-22-0004 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Board Member, District One SECONDER: Manolo Reyes, Board Member, District Four AYES: King, Diaz de Ia Portilla, Russell, Carollo, Reyes Note for the Record: For minutes referencing Item Number 4, please see Item Number 1. 5. CRA RESOLUTION 11418 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA") RATIFYING AN EXPENDITURE OF FUNDS IN THE AMOUNT OF $19,534.40 TO UNDERWRITE COSTS ASSOCIATED WITH THE 13TH ANNUAL OVERTOWN HOLIDAY TREE LIGHTING CEREMONY HELD ON DECEMBER 20, 2021, IN THE REDEVELOPMENT AREA; FUNDS ALLOCATED FROM SEOPW — "OTHER CURRENT CHARGES AND OBLIGATIONS" ACCOUNT CODE NO. 10050.920101.883000. ENACTMENT NUMBER: CRA-R-22-0005 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Board Member, District One SECONDER: Manolo Reyes, Board Member, District Four AYES: King, Diaz de la Portilla, Russell, Carollo, Reyes Note for the Record: For minutes referencing Item Number 5, please see Item Number 1. SEOPW CRA Page 6 Printed on 1/11/2023 Southeast Overtown/Park West CRA Meeting Minutes February 7, 2022 6. CRA RESOLUTION 11419 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA") RESCINDING CRA RESOLUTION NO. CRA-R-21- 0050 IN ITS ENTIRETY THEREBY RESCINDING THE ACCEPTANCE AND AUTHORIZATION TO EXECUTE A SEPARATION AGREEMENT BETWEEN THE SEOPW CRA, THE CITY OF MIAMI, AND MR. CORNELIUS SHIVER AS THE EXECUTIVE DIRECTOR. ENACTMENT NUMBER: CRA-R-22-0006 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Board Member, District One SECONDER: Christine King, Board Member, District Five AYES: King, Diaz de Ia Portilla, Carollo, Reyes NAYS: Russell Note for the Record: For additional minutes referencing Item Number 6, please see Item Number 1. Board Member Reyes: Madam Chair, on Item number 6, 1 don't think we should be dealing with this. There was an agreement. If there is a discrepancy, just go to court and then that's it. That was an agreement that was made here and that agreement --1 think that -- that's the way I see it. I'm very just and I'm very -- always consistent. And I've done it before. If it was an agreement, I don 't think that we have to bring this up -- I mean, that agreement. I don 't know if you have paid or if going to -- Chair King: Well, there is a discrepancy. What we -- what the body agreed upon, what I believe the body agreed upon was to pay Mr. Shiver two -and -a -half weeks of sick time. The agreement was drafted for 100 percent of the sick time, but it was represented that that number was two -and -a -half weeks. Could you correct me -- am I correct? George Wysong (Assistant City Attorney): You are correct. And I believe the actual number is somewhere in the range of 500 hours. James McQueen (Executive Director, CRA): The actual number is in the range of 550 or 560 hours. Chair King: So, what I am asking of this body is to make a motion to clarify that the number is two and a half weeks of sick time. Cornelius Shiver: Can I be heard? Mr. Wysong: What -- could I --? Chair King: One second, sir. Mr. Wysong: What I'd actually suggest -- Vice Chair Diaz de la Portilla: 1 will make that motion, Madam Chair. Chair King: Do I have a second? SEOPW CRA Page 7 Printed on 1/11/2023 Southeast Overtown/Park West CRA Meeting Minutes February 7, 2022 Board Member Reyes: Let me -- once again, what did we pass, two -and -a -half weeks? If there is a discrepancy now -- because when it was written -- and 1 know -- you know that I am -- 1 love Neil and I'm a friend of his and all of that. But 1 don't think we should be arguing this here. In all fairness, what we passed was two -and -a -half weeks. You should pay that, and if he has proof that it's something else, go to court. Mr. Shiver: Right. And Commissioners, there is no discrepancy, and I'd like to be heard. Chair King: Excuse me. We haven 't recognized you. Thank you. Todd. Vice Chair Diaz de la Portilla: I made a motion, Madam Chair. Chair King: I second the motion. Board Member Reyes: That's right. Chair King.: Commissioners, do you have any discussion? All in favor? The Board Members (Collectively): Aye. Todd B. Hannon (Clerk of the Board): Chair, you do need your public hearing -- Mr. Shiver: Right. Mr. Hannon: -- for this item. Mr. Shiver: Exactly. Chair King: Well, I had public comments earlier -- Mr. Hannon: For 1 through -- Chair King: -- for all of the items. Mr. Shiver: But no -- but you -- Mr. Hannon: Oh, it was my understanding it was 1 through 5. Chair King: Okay. You have your two minutes, sir. Go right ahead. Mr. Shiver: Yes. Thank you. Let me now -- I have my sworn statement for the record here, and I want to give it to you. (INAUDIBLE) want to give you my sworn statement (INAUDIBLE). Chair King: I have it. Mr. Shiver: (INAUDIBLE). First and foremost, Commissioners, Neil Shiver, 3095 Plaza Street, Miami, Florida. There is no discrepancy on what the Board passed. If you can just give me some time with this. The Board seeks to at first rescind. Now, my understanding, you're trying to amend a contract that was mutually agreed to, and this Board passed. First and foremost, let's separate the issues. This contract, the separation agreement, was prepared by the City of Miami Attorney's Office, I'm assuming at the request of the Chairperson. When they handed me this separation agreement, I had no input or no knowledge that it was being prepared. That separation agreement had 50 percent unused but earned sick time. That's what was offered to me. I asked for two -and -a -half weeks of my vacation time. I was told that that was denied. SEOPW CRA Page 8 Printed on 1/11/2023 Southeast Overtown/Park West CRA Meeting Minutes February 7, 2022 Then I then told the negotiators, double my 50 percent, give me 100 percent, and we'd have a deal. The City Attorney's Office apparently was directed to go ahead and change the agreement to 100 percent. This is what 1 want you to understand very importantly. This agreement that the Board passed is 100 percent correct. We never negotiated in terms of hours, days, weeks, or minutes. The negotiation was always on percentages. So let me just go through it, and I'm going to be brief Now what happened -- and I will admit to you, Commissioner Carollo -- that when the item was presented to the Board, there was a misrepresentation that the unused sick time was two -and -a -half weeks, but that didn't come from me. Chair King: Thank you. Mr. Shiver: IfI can get a -- Chair King: Thank you. Thank you. Your two minutes is up. We all have your statement that you mailed last night. And if you had given me the courtesy of speaking to me or the executive director, it would have clarified that there was a mistake, and we are not in any way trying to rescind the agreement. We are only trying to clam that what was presented was two -and -a -half weeks of sick time pay. That is the motion on the floor. All in favor? The Board Members (Collectively): Aye. Chair King: Motion passes. Thank you. Mr. Hannon: Chair, Chair? Board Member Russell: I'm sorry. Can you note the votes, please? Mr. Hannon: I have that as 3-2. Board Member Russell: Yes. 1 don't have enough information to vote on this at this time. Mr. Hannon: So, the motion passes 3-2, with Commissioner Russell and Commissioner Reyes voting no. Board Member Reyes: No, I didn 't vote no. Mr. Hannon: You voted 'yes"? Board Member Reyes: I voted for the motion to effect -- take effect. Vice Chair Diaz de la Portilla: 3-2. Board Member Reyes: You see, my motion is that we have an agreement -- Mr. Hannon: There's already -- there was already a motion and a second on -- Board Member Reyes: That's right, but the motion as I understood is that there was an agreement -- Chair King: Yes, for two -and -a -half -- Board Member Reyes: -- and we're going to stick to that agreement. And if there's any discrepancy, it should be taken to another court, another place. SEOPW CRA Page 9 Printed on 1/11/2023 Southeast Overtown/Park West CRA Meeting Minutes February 7, 2022 Board Member Russell: I don 't think that was the motion. Chair King: The motion -- yes. The motion on the floor is when this agreement was presented, that the body was advised that the -- Board Member Reyes: You see -- Chair King: -- outstanding sick time was -- Board Member Reyes: -- there was an agreement. Chair King: -- two -and -a -half weeks. Mr. Attorney, would you like to --? Mr. Shiver: (UNINTELLIGIBLE). Chair King: You had your opportunity, sir. You 've had your opportunity. Thank you. Kevin Jones (Assistant City Attorney): I just need some -- good afternoon. Kevin Jones, Office of the City Attorney. I just need some clarification from Todd. I believe the motion was on the floor. It was voted on and it passed. Is that correct? Mr. Hannon: Yes. Board Member Reyes: Yes. Mr. Jones: Okay. Mr. Hannon: The motion passed. It was basically the amount of sick time is 2.5, two - and -a -half weeks. But I want to make sure Commissioner Reyes was -- understood that that was the motion, that the sick time is now two -and -a -half weeks. Board Member Reyes: The motion is that the agreement to take effect and that's it, okay? It was -- the agreement stated two -and -a -half weeks. Mr. Hannon: But that wasn't the motion that was made on the floor. The motion by Commissioner Diaz de la Portilla was essentially to identify that the amount of sick time is two -and -a -half weeks, period. Board Member Reyes: But that is the agreement that was said. Chair King: That was -- yes, Commissioner Reyes. However, the document was written 100 percent of the sick. But what was represented was that that number was two -and -a - half weeks. That is what I understood. That is what I brought to this Board. That is what was said. Board Member Reyes: That is what I voted at the time -- Chair King: Yes. Board Member Reyes: -- and I asked everybody is in agreement, everybody is in agreement. Chair King: Yes. Board Member Reyes: And I asked a hundred times. Now, what I'm saying is this. We shouldn't be dealing with this, you see. SEOPW CRA Page 10 Printed on 1/11/2023 Southeast Overtown/Park West CRA Meeting Minutes February 7, 2022 ADJOURNMENT Chair King: 1 agree. Board Member Reyes: We shouldn't be dealing with this. There was a contract, and it was misunderstood. Now, if Mr. Shiver has proof that he had more time or that he was promised more than two -and -a -half weeks, then take us to court. Chair King: Agreed. Thank you, gentlemen. Mr. Hannon: Understood. Then Chair, just for the record, the motion passes 4-1 with Commissioner -- Board Member Reyes: I mean, I'm being fair. Mr. Hannon: -- Russell voting no. Chair King: Correct. Having said that, meeting adjourned. Thank you. The meeting adjourned at 3:55 p.m. SEOPW CRA Page 11 Printed on 1/11/2023