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HomeMy WebLinkAboutMinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, June 14, 2007 9:00 AM REGULAR City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Angel Gonzalez, Chairman Joe Sanchez, Vice Chairman Marc David Sarnoff, Commissioner District Two Tomas Regalado, Commissioner District Four Michelle Spence -Jones, Commissioner District Five Pedro G. Hernandez, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes June 14, 2007 RE.16 07-00426 Department of Capital Improvement Programs/Transpor Cation RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING A GRANT TO THE MIAMI ART MUSEUM OF DADE COUNTY ASSOCIATION, INC., TO SUPPORT THE DEVELOPMENT OF A NEW FINE ARTS MUSEUM FACILITY IN THE CITY OF MIAMI-OWNED BICENTENNIAL PARK, IN THE AMOUNT OF $2,000,000, APPROVED BY A REFERENDUM OF THE VOTERS IN NOVEMBER, 2001, AS A SPECIFIED PROJECT IN THE HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND PROGRAM; ALLOCATING SAID FUNDS, FROM CAPITAL IMPROVEMENT PROJECT NO. B-78503 ENTITLED "MIAMI ART MUSEUM -BICENTENNIAL PARK;" AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT CO-OPERATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOLLOWING THE ISSUANCE OF SERIES II HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROCEEDS, FOR SAID PURPOSE. Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 2 - Commissioner Sarnoff and Sanchez Noes: 1 - Commissioner Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones R-07-0347 Chairman Gonzalez: All right. Next item. We have a lot of persons here today for the museum - Vice Chairman Sanchez: Want to take that up? Chairman Gonzalez: -- and I think I'm going to take that item now. Before 1 start taking regular items, let me, once again, establish the rules. Any speaker that is going to speak on any of the item will be allowed two minutes per speaker, so keep that in mind whenever you come to the mike. Madam City Clerk, we also will need to swear in the persons that are going to speak whenever it comes to — right? We don't have to? Priscilla A. Thompson (City Clerk): I -- and I'll defer to the City Attorney. 1 don't think that, on this issue, we need to swear in, but I leave it up to her opinion. Julie O. Bru (Deputy City Attorney): On the disclosure? Chairman Gonzalez: Yeah. Ms. Bru: On the disclosure, the ordinance is in place to require that anybody that seeks to have an approval, that has a request, a petition of this board, would be required to disclose in writing anyone whom they've paid to either support or withhold objection to the item, so this applies to this item, yes. Ms. Thompson: And 1 have no disclosures at this point in time having been submitted to our office. Chairman Gonzalez: I believe there will be no public hearing on this because it — we'll see how it goes. Anyways, RE. 16. Mr. Manager, RE.16, fine arts museum facility at Bicentennial Park. Ola Aluko (Director, Capital Improvement Program): Thank you, Commissioner. This City of Miami Page 2 Printed on 5/2/2008 City Commission Meeting Minutes June 14, 2007 resolution, Commissioner, Mr. Manager, is a resolution authorizing a grant to the Miami Art Museum of Dade County Association to support the development of a new fine arts museum facility in the City of Miami -owned Bicentennial Park, in the amount of $2 million; approved by referendum of the voters in November 2001, as specified in the project, the Homeland Defense/Neighborhood Improvement Bond Program, allocating said funds from the Capital Improvement Project B-78503, entitled "Miami Art Museum - Bicentennial Park." With that said, Mr. Manager, we're asking for approval on this. Chairman Gonzalez: All right. The district Commissioner, Commissioner Marc Sarnoff-- Mr. Aluko: 1 am sorry, Commissioner. Chairman Gonzalez: -- you have the floor, sir. Commissioner Sarnoff: Let me -- if you don't mind, Mr. Manager, can we — excuse me, Mr. Chair -- can we allow the public hearing on this, and then I'll make my comment? Chairman Gonzalez: Yes, sir. Vice Chairman Sanchez: Great suggestion. Chairman Gonzalez: Anyone from the public that wants to speak on this item, please come forward to be recognized. Terrence Riley: Hello. Chairman Gonzalez: All right. Mr. Riley: Terry Riley, director of Miami Art Museum. Chairman Gonzalez: Madam City -- Mr. — I'm sorry, Mr. Attorney, disclosure or whatever? Jorge L. Fernandez (City Attorney): Yes. There is a requirement that anyone appearing in front of the City Commission requiring any action on their behalf on the part of the Commission has to make a full disclosure. We read that in our statement. The City Clerk has the appropriate form that needs to be filled out and read into the record by the applicant before proceeding with the item. This is a new requirement — or this is a new ordinance that has been enacted recently, and so we need the process of educating the public with regard to those requirements, but it is my opinion that anyone seeking any action from the Commission with regard to an application, a petition, or any action that would favor them, that they need to disclose their — all the requirements of the form, and the City Clerk has that form available for them. Ms. Thompson: And my staff is bringing some out right now. Mr. Fernandez: All right, but the Chair may have -- may accede for them to begin their presentation and introduce the form some time during their presentation. Chairman Gonzalez: Let me ask a question. Is there anyone here in opposition to this item? We have some opposition. OK, very good All right. Mr. Riley: Again, my name is Terry Riley. I'm the director of the Miami Art Museum. 1 had been led to believe that 1 would be giving a report of sorts, a progress report on the building. 1 have no — I've prepared one; it would be longer than two minutes. I have no problem going with whatever the Commissioners would appreciate. City of Miami Page 3 Printed on 5/2/2008 City Commission Meeting Minutes June 14, 2007 Chairman Gonzalez: Well, actually, it's two minutes per speaker, so -- Mr. Riley: OK. Chairman Gonzalez: -- you have two minutes. Mr. Riley: I'll make a couple of comments then about some of the issues that have been raised repeatedly, but I guess what I could do is, in my two minutes, address myself to two questions that have been in the public's mind recently. Why build two museums in Bicentennial Park, being one of them. For the record, the current site plan places the two museums on the north edge of the park, shielding it from 395. Eight acres is a set aside for landscaping, access roads, and paths, the public plaza, and the buildings themselves, which should be noted each have a footprint of only two acres. In other words, only four acres of the total 29 acres would be used for museum buildings. 1 agree with the consultant commissioned by the City of Miami that a park the size of Bicentennial Park, without an attraction, such as the museums, will fail. It will fail to overcome the current uses, and this is the opinion ofZHA Associates, the civic economist who analyzed the three proposed plans. 1 also agree with the museum's — with the consultant's conclusion shared by many of the world over; that the museums in the park complement each other. This was a point raised again today in the Miami Herald in their editorial endorsing the project. The future of the park and the museums is going to be a project of the private sector. As we know, City funds, County funds, and State funds are not going to be largely available for this project. It's going to be the private citizens of the City who put these -- the museums and the park together, and in that spirit, all of us have to work together to make sure it happens. In reality, the museum will not be -- the museums will not be successful without a world -class park, and the park has no chance of success without the museums. Another question: Why doesn't the private sector pay for the science museum and the art museum themselves? Like virtually every new museum in the country, these two museums are public private partnerships, public bond issue in this case and private fundraising. Is that my time? Commissioner Sarnojf No. Chairman Gonzalez: No. Go ahead Vice Chairman Sanchez: Go ahead. Mr. Riley: The new Museum of Modern Arts, the Denver Art Museum, the De Young Museum in San Francisco, are a few examples of recent projects that received public support in the form of gifts of land and capital for construction and for operating. Virtually every arts institution in Miami, large and small, the Rubell Family Collection, the Margulies warehouse, the Museum of Contemporary Art, MAM (Miami Art Museum), receives direct — receives public support in the form of tax exemptions, direct grants, or other means. The reason cities contribute to these arts institutions is two fold. They believe that it is important for their citizens to have access to culture; to experience the same things that wealthier people can enjoy privately, and it is a good investment for the community. The Arts and Economic Prosperity Report, just published by Americans for the Arts, documents $30 billion per year as local, state, and federal income and investment by those government agencies of only four billion; in other words, a seven to one return on their investment in the arts. Chairman Gonzalez: All right. Mr. Riley: There's 5.7 million full-time professionals in Miami -- Chairman Gonzalez: You're going to need to conclude. Mr. Riley: OK. Thank you. City of Miami Page 4 Printed on 5/2/2008 City Commission Meeting Minutes June 14, 2007 Chairman Gonzalez: Thank you. Commissioner Regalado: Mr. Chairman -- Chairman Gonzalez: Yes, sir. Commissioner Regalado: -- can 1 ask him a question, and that way, maybe we establish the debate? The issue that we're dealing here is $2 million -- Mr. Riley: Right. Commissioner Regalado: -- correct? But would you, with your experience, tell us how much do you think that the land where the museums are supposed to be built will cost if they were to be sold in the public --? Mr. Riley: Well, it's a slightly complicated question because if they were sold for private development, without height restrictions, they would be, indeed, many, many dozens of millions. If part of the park plan says that, well, the museums are going to go there and they can only be three stories in height, it's a very different thing, but in terms of the fair value of the land, if the City actually considered selling it -- which nobody, 1 think, is considering -- at the full value, I've heard $50 million. I've heard, perhaps, higher. Commissioner Regalado: Right, because it's prime land, waterfront, downtown. I think it's the only waterfront downtown land south of Manhattan that you have in the United States. Now you have sign a lease with the City for the land? Mr. Riley: Right now we're in the midst of a slightly complicated negotiation with the City, the County, our partner, Museum of Science, and the Miami Art Museum to come up with a memorandum of understanding that outlines the basic relationships between the entities. The — in the past, MAM has been a County -owned building, and there's been discussions of a lease of the land to the County to build a County building. This is one formula that's under discussion. At the end of the lease, it's my understanding that the City Attorneys would like to see the building become City property, but that -- it -- again, this is something that's under discussion. Commissioner Regalado: So we don't know how many years --? Mr. Riley: The term of the lease -- we — the museums were asking, both Science and Art -- for 99-year leases. That kind of a figure, which of course, would be renewable leases of a shorter term, but to convince our patrons that their hundred million dollars plus is going towards a significant and long-lasting contribution to the City, we both feel, both museums, that we need a long-term guarantee of the use of the building. Commissioner Regalado: So as of now, there's nothing in paper about lease? It's just a handshake. You can have — Mr. Riley: No, no, no. Commissioner Regalado: -- Bicentennial -- Mr. Riley: There are drafts, and there have been drafts submitted to the various City officials who are participating in these discussions, but like other aspects of this project, it does come down to certain details, and the funding, the $2 million is funding all of planners, consultants, et cetera, who are in the midst of preparing this agreement. City of Miami Page 5 Printed on 5/2/2008 City Commission Meeting Minutes June 14, 2007 Commissioner Regalado: Mr. City Attorney -- Mr. Fernandez: Yes, sir. Commissioner Regalado: -- have we approved any lease? Mr. Fernandez: No, sir. Commissioner Regalado: So the lease has to be done with the County, with the museums -- Mr. Fernandez: Right. Commissioner Regalado: -- is that --? Mr. Fernandez: There have been preliminary talks. There have been a series of meetings, but as of today, there is nothing that is final, binding on the City, or on the County, or on the museums. Commissioner Regalado: So -- Mr. Fernandez: The answer to your question is that there is no lease today. Commissioner Regalado: -- we're giving the money before we have anything in paper, legal, so we don? know if they would be there or could be there? Mr. Fernandez: I can't answer that question, but it begs the question. Mr. Riley: Commissioner, in addition to the money that the City has forwarded in advance of a signed final agreement, my trustees have already raised $8 million in cash and have been spending this based on the belief that all parties, working together, are going to close this agreement at a certain point, but certainly, we have not held back -- and 1 don't think you can hold back for that final agreement before you start planning because the agreement itself depends, to a certain extent, on what we are doing right now. Commissioner Regalado: OK, Mr. Chairman. I'll do more questions later. Chairman Gonzalez: All right. Commissioner Spence -Jones. Commissioner Spence -Jones: Yes. I just wanted some clarityfrom -- just kind of feeding off of Commissioner Regalado for a minute. Mary and Mr. Manager, the City Attorney said he had — at this present time, there's no lease or anything being put in place. Has there been any discussions at all with the County regarding whatever this partnership, relationship, whatever it's going to be with the County? Has a discussion — have several discussions taken place regarding this project? Pedro G. Hernandez (City Manager): Commissioner, there have been extensive meetings with not only the County, but also Miami Art Museum representatives. The information that they need to provide is available. The County and the City have preliminary documents that we plan to move forward to our respective Commissions. 1 would say, probably, September, maybe sooner, we plan to do a term sheet. We plan to do the necessary — Commissioner Spence -Jones: OK Mr. Hernandez: -- interlocal, the lease, et cetera. Commissioner Spence Jones: OK, so — and the reason or the justification -- Mr. Riley just City of Miami Page 6 Printed on 5/2/2008 City Commission Meeting Minutes June 14, 2007 mentioned that they've already raised $8 million already themselves, and that at -- Mr. Hernandez: That's -- yes. Commissioner Spence -Jones: -- this present time, they're using those dollars that -- out of their $8 million to begin working on their project already, correct? Mr. Hernandez: Um -hum. Commissioner Spence -Jones: So my question becomes, what -- if we don't know the terms or we don't have a sense of where we are with the County, what is the rush now -- I'm just trying to understand -- to make this $2 million available if they already have money right now they have raised; $8 million already raised? They could go head [sic] and use what they have until you finalize the agreement. What happens if we get into the agreement and we realize that it's not really what we want to have? It's not like we've not had situations with the County that we have not been happy with once we've got into negotiations. Currently, we have that happening now, so what makes us understand or think or feel that that won't be the same? Mr. Hernandez: Well, on all these items, 1 would say that we're very, very close to agreements with the County. There is a lot of legalese, a lot of legal terms that have to be worked out. I understand that, yes, they have 8 million already raised in cash, and those are monies that I believe they plan to allocate towards the construction of the building and they need -- Mr. Riley: Point of -- Mr. Hernandez: -- our support not only because of the cash value, but 1 think, of the good faith that it shows on the contract to allow them to continue to fund -raise and be successful in providing their match. Commissioner Spence -Jones: OK, and then my other question --first of all, I want to thank Terry and the team from MAMfor actually doing a community hearing in my neighborhood I'm going to save all my comments until all of the presentations, but 1 do have a question before you leave. One of the big things that did come up during that discussion was the match, Mr. Manager, of the hundred million that the County has to put in that the -- excuse me, that they have to raise in order for them to draw down the dollars from the County. Now — the hundred million dollars — my question becomes —1 guess, for Mary or for the City Manager — what strings do we have attached to our $2 million? Because it's not a match, obviously. That's not the case. We don't have to provide a match on our end. What strings do we have put in place if they don't raise the hundred million dollars that they're committing to raise? Do we just lose the $2 million? Mr. Hernandez: 1 want to have Mary provide more detail as to the, let's say, restrictions that we have on it. Mary Conway: Mary Conway, chief of Operations. Commissioner, the way that our interlocal is structured when they spend a million dollars, they request reimbursement to us for half a million dollars, so there is a match that's built into this $2 million. They spend money; we reimburse our 50 percent share of what they've spent, and they have to provide us detailed documentation, along with the invoice, before we'll pay our 50 percent reimbursement. Commissioner Spence -Jones: OK, and Mary, in closing — and I'm going to turn it back to the Chairman -- how much money outside of the money, out of the 3.5 million ultimately that they'll receive from us, have we already spent in the park? Ms. Conway: We have spent the $750, 000 for Cooper Robertson to develop the comprehensive City of Miami Page 7 Printed on 5/2/2008 City Commission Meeting Minutes June 14, 2007 master plan for the park. Those are the only dollars that were expended. The balance of the 3.5 million goes to each of the two museums. Commissioner Spence -Jones: OK. All right, thank you. Mr. Riley: And just one point of clarification. Most of the $8 million has been spent over the last three years, in terms of producing the project to date. The private supporters have been fully committed to putting this money up front and not simply going to the City or going to the County for those initial dollars, so the -- there is, in effect, no $2 million floating around right now that would replace the City's contribution through the bond issue. Our -- my trustees have actually been putting up that money, and we've been sending it to make sure that the project starts correctly. Commissioner Regalado: Mary, a question. You just said that we spent the $3.5 million? Ms. Conway: Well, there was a total of 7 million in the bond -- Commissioner Regalado: Right. Ms. Conway: -- 3.5 million for each museum -- Commissioner Regalado: Right. Ms. Conway: -- and what we mutually agreed was that we would withdraw, in equal proportions from that 3.5 million, the money that was needed to fund the master plan for the entire site. Commissioner Regalado: We did not -- when we cancel some bond projects because other projects went over budget, you did not take any moneyfrom those monies allocated to the museums? Ms. Conway: No, we did not. Commissioner Regalado: And we did take money --1 mean, you did took moneyfrom other projects approve - Ms. Conway: That had not -- Commissioner Regalado: -- by the voter. Ms. Conway: -- from projects that had not begun yet; that's correct. Commissioner Regalado: But the museum has not begun yet. Ms. Conway: The -- all of the initial planning efforts, design development efforts, have begun. Commissioner Regalado: I'm just trying to establish here that one of the issues that have been discussed is that this was approved by the voters, but the voters did approve other projects that were canceled because we need to move the moneyfrom what was allocated from those projects in order to finish those projects. 1 just want to -- for the people here to understand that. Ms. Conway: And the Manager and the CFO (Chief Financial Officer) have also committed that we remain committed to completing all of the projects that were there and to continuing to seek alternate fund sources so that we can complete all of the other projects that were referenced, that were affected by the reallocation. City of Miami Page 8 Printed on 5/2/2008 City Commission Meeting Minutes June 14, 2007 Commissioner Regalado: Thank you. Chairman Gonzalez: All right. Thank you. Next speaker. Ronald Frazier.: My name is Ron Frazier. I'm a member of the MAM Board. I'm in support of this project. I think these are some items that the Commission should consider in talking about this projecl and in making their decision. First is inclusion -- cultural inclusion as it relates to diversity. For me, it's about the black (UNINTELLIGIBLE) and including all aspects of arts, the African -American community be exposed to arts and its cultural contributions be exhibited. It's about economic inclusion for the local community, especially Afro-Americans, in terms of design, construction, and jobs. Who's going to get these tax dollars? MAM's goal right now is approximately 22 percent minority participation for design services, and a similar one will be for construction. It's about program inclusion, programs that involve the public schools, the inner-city communities, the general public; programs that expose public to all types of art. We all know that art is a growing, evolving, living thing — programs about the ethnic art and speakers who are able to tell their stories; programs to encourage and to showcase local art talent. Miami has -- Miami -- MAM's art programs are very similar to this and will be expanded It's about the enhancement of this park. Bicentennial Park will become a place for cultural gathering, instead of a derelict, underutilized place. Public buildings will not dominate this park, but add to the quality of life by adding activities for both daytime and evenings. The park planners, Coopers [sic] Robinson's developed a master plan to ensure balance, retainage [sic] of views of the water and building orientation. The public has had input into this planning process for developing this park. The buildings will only take up four acres; you still have 21 acres left for other activities. It's about the enhancement of economic impact for the City of Miami, and it creates a destination. It provides economic spin-offs, provides opportunities, providing jobs and incomes from the dollars; $650 million impact, 550 jobs. This is the positive impact that this project can have on the City and the community — Chairman Gonzalez: Thank you. Mr. Frazier: -- and we hope that you will follow the process -- Chairman Gonzalez: Thank you. Mr. Frazier: -- and vote yes. Thank you. Chairman Gonzalez: Good morning. William Parker: Good morning. My name is William Parker. 1 am a trustee for MAM, and I would like to talk today briefly about education. As you know, MAM is the single largest arts education provider in Miami -Dade County, serving thousands of students a year, and we believe by having room to expand, we'll be able to extend and expand those offerings to more students, and in result, we think we'll have a more culturally diverse society, which is, we believe, important. We -- MAM also offers a number of other programs that benefit students. For example, we work alongside Southside Elementary and, I guess, it's Sunnyside, as well, preparing young students for the FCAT (Florida Comprehensive Assessment Test) examination. We think things like that are talked about very widely throughout the community, and we think those kind of programs will go a long way in helping our young people. We also realize that — we find that young people that excel in arts also do well in math and sciences, and anything we can do to improve the level of education 1 think is something that we ought to consider. Thank you very much. Chairman Gonzalez: Thank you, sir. Good morning, sir. Peter Menendez: Good morning. I'm Peter Menendez, 2530 Southwest 12 Street. I'm here to City of Miami Page 9 Printed on 5/2/2008 City Commission Meeting Minutes June 14, 2007 show my support of Museum Park and the Miami Art Museum. From my Shenandoah home in the City of Miami, 1 have been a strong supporter of MAM since its inception. 1 am a former trustee of the museum, where I've served for over 30 -- 13 years. 1 hold strong convictions on the benefits of culture to a community and firmly believe in the roles that Miami Art Museum and that Miami Science Museum hold in our city. 1 am also a strong supporter of green spaces and believe in the concept of a Museum Park at Bicentennial Park and its potential, a park that can be an open and inviting space to all segments of our multicultural community, and one that can become a true destination for the people of the City of Miami I encourage you Commissioners to be visionaries about the potential of Museum Park. Thank you. Chairman Gonzalez: Thank you, sir. Good morning. Rose Ellen Greene: Good morning. I'm Rose Ellen Greene. I'm one of those people that you were asking about who was making the contribution so far of $8 million to the museum. 1 have made a significant contribution, part of that is the $8 million, and it has already been spent, and 1 have a greater commitment, and we have tens of thousands -- tens of millions of dollars committed to this project. We have spent almost $8 million already. All the proper invoices have been sent to the City; they have reviewed them, and we have done it for one reason: Because we believe in the goodwill of the City of Miami and Miami -Dade County. Thank you. Chairman Gonzalez: Thank you, ma'am. Katherine Hinds: Good morning, Commissioners. Chairman Gonzalez: Good morning. Ms. Hinds: I'm Katherine Hinds. I'm the long-time curator of the Martin Z. Margulies foundation and the Margulies Collection of Contemporary Art. I'm speaking to you today on behalf of my associate, my long-time associate, Martin Margulies. He regrets he is not here in person to speak to you, but he is in Europe attending the International Art Fairs. We are asking you to defer MAM's request for $2 million for the following reasons: Nationwide, as a fundamental characteristic, art museums are not funded by taxpayers, but rather, by private fundraising. Let me make it clear. We are not against art museums. We are against building art museums with taxpayers' money. Our position is simple. Let those who want the luxury of a new art museum pay for it themselves. How can we afford to spend over a hundred and two million taxpayers' dollars on a museum when so many of our elderly, our disabled poor, working-class citizens struggle in poverty and on the edge of homelessness. Our inner-city schools are falling apart. We lack medical services for the neediest, including children. Our infrastructures need overhauling. Our fire and police departments are compromised due to budget constraints. These are our real civic priorities, not a museum, but bad habits are hard to break. Twenty years ago, the taxpayers were promised a new art museum would bring culture and revitalization to downtown, but that hasn't happened, so what does a mill — excuse me — a building does not make an art museum. What makes a museum great is a great collection of art, so what does MAM really have in art? In 2005, MAM was ranked last in the nation in number of works of art, and despite the recent hurry -up surge in donations, the truth is that raising MAM's meager collection from 280 objects to 450 objects still places them at the very bottom of the list, according to the National Association of Museums, so what does MAM really have for an audience? MAM's underwhelming membership of 808 people in a city of over 2 million speaks for itself and paying visitors, MAM, once again, ranked at the bottom of the list in 2005. Chairman Gonzalez: Ma'am, you need to conclude. Ms. Hinds: 1 beg your pardon? Chairman Gonzalez: You need to conclude. City of Miami Page 10 Printed on 5/2/2008 City Commission Meeting Minutes June 14, 2007 Ms. Hinds: OK. Chairman Gonzalez: You exceeded your two minutes. Ms. Hinds: In conclusion, we urge you to defer this -- MAM's request for the $2 million. MAM already has a building. They do not have a collection. They do not have an endowment. They do not have a significant membership base or an audience -- Chairman Gonzalez: Thank you. Ms. Hinds: -- nor do they have the private money that they need to build this project. Chairman Gonzalez: Thank you. Thank you. Next. Bernice Steinbaum: Hello. I'm Bernice Sieinbaum. I'm an entrepreneur in Miami. My parents were immigrant parents, and 1 was a latchkey kid. I attended the local museum every afternoon because that's what working parents found necessary for a kid who was alone without daycare. That latchkey kid has a doctorate in art history from Colombia University in the City of New York. Museums are not brothels. What they are suggesting that they build here is, in fact, something that will add to this community and help with the diversity of the City. A museum is our link to the past, our gift to the present, and our legacy to the future. Please don't hold up this process so that they run into additional financial problems. Chairman Gonzalez: Thank you, ma'am. Next. Marguerite Beaty: Hi. My name is Maguerite Beaty. I came as an artist, and what I wanted to say is that Miami Art Museum has an incredible educational department, and it brings a lot of public schools in, a lot of kids, a lot of free programs for families, and I hope that you will allow them to continue to do so. Chairman Gonzalez: Thank you. Next. Emanuel Washington: Yes. Good morning. Emanuel Washington. I just want to say — good morning to the Commissioners, Mr. Mayor, and Mr. City Manager -- that Pm not here for or against the MAMproject; just had a few concerns, and matter offact, Commissioner Regalado really hit the nail on the head when he come to me. I'm involved with the Overtown Optimist and the youth, and my main concern — and now that 1 begin to look and see as far as funding and dollars to make sure that the youth — because we realize we have youth issues, and Ms. -- Commissioner Spence -Jones said the thing about the Peace project -- the dollars that are very needed for this community, and when you hear about the MAMproject -- and like 1 said I'm not here for or against it, but even when Ms. Conway said that dollars were deferred from other projects -- and I know specifically, because I'm working with the Overtown Optimist, in the Gibson Park project, we need dollars to make sure that happen, and dollars were taken away from us, and then — but no dollars were deferred from those other projects, and like 1 say, I'm not a political advocate, but 1 am involved in my community to the point where that -- I want to make sure that our childrens [sic] -- because 1 know that when you start building a community, whether it be for museum, arts, and anything else, when you don't take the childrens [sic] first, then you building everything on sinking sand because those are the individuals that are going around causing the problem, the robbery, and the stealing, and the crime, and they end up being homeless and all the other thing. You'd be surprised of the amount of homeless youth that we have on the street outside of adults, and 1'd just like I say, I just want to, you know, be on the record that 1 want, number one, that this project -- is self -supportive, and number two, that, you know, our priority definitely should be our youth and crime prevention and homeless, and last, but not least, just that you, Commissioner -- because 1 trust you, and 1 trust our City Manager, to City of Miami Page I Printed on 5/2/2008 City Commission Meeting Minutes June 14, 2007 do the due diligence that it take to make sure that this project don't be a bust or a fiasco because you guys are going to be the one ultimately to decide whether or not we go forward or not, and I'm just here today to be on record to ask that you do your due diligence to make sure that the dollars that we're allocating, the taxpayer dollars are done properly, so that's what 1 wanted to - Chairman Gonzalez: Thank you. All right. Nina West: Good morning, Commissioners. Nina West, Miami Neighborhoods United, Parks and Public Space Committee. I'm here to talk to you about a little fiscal responsibility. Today, in the State Legislature, they are going to cut the taxes. These bonds cost money. We paid for these bonds already to fix up our parks, our sidewalks, and we're told there's a shortfall. The Bond Oversight Committee that Mr. Riley appeared before, he explained to them that all their funding in their budgets do not include the parking, and on today's agenda are many more bond issues. Now we're going to have our funding cut in forty -some million dollars now each year out of our 250 or $300 million budget or however big our budget is goes for debt service, so how are we funding the City? With more bonds, and what are we owed? What we've paid for already. We've paid for this park two or three times over, and we don't need a $60 million plan for the park, and these people should be raising their own money and being responsible for their parking and everything else that they're for. We are not against the museum. We are against the location and the site in our park. To say that the property is only worth $50 million is ridiculous. It's the last piece of downtown waterfront property probably in the state of Florida. The money for children's art should be put in the art classrooms. To take care of a few hundred kids in a couple of public schools where they've cut the funding for art and music is a disgrace, and the money -- you mentioned the art programs that -- and music programs you could put into the public schools with a hundred million dollars. The programs that could be funded that just, at Tuesday's meeting, Commissioner Gonzalez said to us and the people there, who are there helping the poor, that don't come back to us next year unless you write to the government in Tallahassee because there won't be funds for this. Well, where are our funds going? So 1 am begging you to be fiscally responsible, to defer this item, and to rethink this issue, and to demand that they come up with full figures, including the parking. Thank you. Chairman Gonzalez: All right. Mr. Riley: Might I -- Chairman Gonzalez: No. Mr. Riley: -- ask for clarification? The last speaker said we're not paying for the parking. The parking is absolutely part of the budget. There's no doubt about that. Chairman Gonzalez: All right. Mr. Riley: There was testimony that we had very few visitors. We have 60,000 visitors a year, and we serve 15,000 students who would normally not be getting arts education. If we had a larger museum, if we had greater capacity, we'd serve much more than 15,000 people. Chairman Gonzalez: All right. You made a clar f cation. Mr. Hernandez: Mr. Chairman, ifyou -- Chairman Gonzalez: Larry. Mr. Hernandez: -- allow -- City of Miami Page 12 Printed on 5/2/2008 City Commission Meeting Minutes June 14, 2007 Chairman Gonzalez: Yes. Mr. Hernandez: -- Mr. Spring to put something on the record -- Chairman Gonzalez: Yes. Mr. Hernandez: — regarding the debt service millage. Chairman Gonzalez: I was going to ask you to do that because we need to clear the smoke -- Larry Spring (Chief Financial Officer): OK Larry Spring -- Chairman Gonzalez: so please, would you clear —? Mr. Spring: 1 will clear. Larry Spring, chieffinancial officer. With regards to the last set of proposals that are being considered in Tallahassee, they all explicitly exclude voted debt, which means our debt millage on this one, which is a limited ad valorem debt issuance, will be unaffected right now. Now keep in mind that because it's a limited ad valorem debt issuance, we are -- we have to remain within that debt millage cap of 1.218 for our entire issuance, but all of the legislation that we have in our hands right now does exclude voted debt millage. Commissioner Sarnof What is our millage right now? What are we up to? Mr. Spring: It's point — under this issuance .621 — Commissioner Same So we're — Mr. Spring: -- and based -- .621, based on our current net assessed value. Based on our projections right now, we feel that we will continue to maintain significant capacity, at least, at a minimum .6 mills for the remaining life of this issuance. Commissioner Sarnofj: So, essentially, we're at about half -- Mr. Spring: We're -- yeah, a -- Commissioner Sarnof — a little over half Mr. Spring: — a little less than half -- Commissioner Sarnof OK Mr. Spring: -- yeah. Thank you Chairman Gonzalez: All right. Next. Judith Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I am here today as cochairman [sic] of the Parks and Public Spaces Committee of Miami Neighborhoods United, and 1 am also authorized by Ron Jude, head of the Sierra Club, to speak on behalf of the Sierra Club of more than 3,000 members, which is in accord with the Parks Committee. We are — do not object to museums. 1, myself, have been a museum professional and worked with them and for them for over 50 years. 1— we only object to the use of the park space and of public money. As has been stated over and over, other museums raise the money; this one should too. If they're so good at raising money and they're going to be able to raise all this money, why did they need this $2 million? It's like me taking out a mortgage on my house to get $200 out of it. The other thing is, in practical terms, would you -- if you were a car dealer or selling a house, would you let City of Miami Page 13 Printed on 5/2/2008 City Commission Meeting Minutes June 14, 2007 somebody move into your house or your ranch, or take that car that they want off your lot without signing the papers? We should defer this until all the papers are signed. One of the concerns that has not been raised is that in addition to this money --1 read the drafts of some of these. There were $67 million the City is supposed to put into fixing up that park They have to do the environmental studies, the environmental corrections, all necessary demolition, relocation, design, water, sewer, landscaping. They do have to pay for the landscaping. The City has to pay for the landscaping of that park. If somebody knows differently, let me know -- Commissioner Sarnof : 1 will. Ms. Sandoval: -- and it's going to be an expensive project, between 60 and $80 million, and take quite a few years. Now we have all seen the copy of the park plan. It is not a people friendly active park plan because most of it is given up to formal designs and walks. There's not enough shade. There aren't enough places for ordinary people to come in and use the park That's why they don't -- Chairman Gonzalez: Judy -- Ms. Sandoval: -- go there now. Chairman Gonzalez: -- you need to conclude. Ms. Sandoval: I need to close? OK. One more thing. It has been stated that this is the best site for this museum. There was a committee in 1998. They looked at nineteen sites. They immediately eliminated seven; they evaluated twelve. They broke it down to six. The three top — Bicentennial Park, by this committee and the consultants of the museum, Goodwyn, was rejected Chairman Gonzalez: Thank you, Judy. Ms. Sandoval: There were three other sites considered — Chairman Gonzalez: Thank -- Ms. Sandoval: — more appropriate. Chairman Gonzalez: -- you, Judy — Ms. Sandoval: Thank you. Chairman Gonzalez: — but it happened that this was the site that was approved by the voters in a referendum, and if we're not going to respect the will of the voters in a referendum, might as well don't have any more referendums. Just, you know, do what 1 want, or what you want, or don't take anything to election or referendum. I mean, are we going to take the — away the value of a referendum of an election? I don't think that's -- those are the basis of this country and this democracy. All right. Good morning. Grace Solares: Good morning, Commissioners. My name is Grace Solares. I am the president of the Miami Neighborhoods United 1 wasn't going to address the issue that you just touched upon, sir — Chairman Gonzalez: Yes, ma'am. Ms. Solares: — but 1 am now, for just one second. 1 have the two resolutions that went into — two ballots, the language that went into the ballots for the County, 2004; for the City, 2001, and in either one of them, there is no mention of Bicentennial Park. City of Miami Page 14 Printed on 5/2/2008 City Commission Meeting Minutes June 14, 2007 Chairman Gonzalez: 1 don't think that's correct. Mr. City Attorney. Commissioner Spence -Jones: That's not. Chairman Gonzalez: The resolution that went before the voters in 2001 — Commissioner Spence -Jones: It didn't have the language. Chairman Gonzalez: -- mentioned specifically at Bicentennial Park, didn't it? Mr. Fernandez: What the voters vote on is a 75-word ballot. On that 75-word ballot, no reference is made to a site -specific. However, what the Chairman is referring to is the literature and is other documents underlying that referendum that did make reference to Bicentennial Park. However, what the voters specifically voted on, which is limited to 75 words on the ballot, did not make specific reference to the park. Chairman Gonzalez: Then I apologize, and 1 stand corrected Ms. Solares: Thank you, sir. Thank you. Appreciate it. Miami Neighborhoods United is not opposed to the museums. As a matter of fact, 1 heard somebody said over there referring, 1 think to us peasants -- we may be peasants because we don't have the amount of money that some of them have, but we do have education. 1, for one, have a major in history, minor in English; graduated magna cum laude, Phi Beta Kappa of the University of Miami; did a thesis on populism and populist leaders in Latin America. 1 am also an artist. I look at an art -- I look at a painting not just by the colors. I know textures. I know techniques, so we do like museums. It is the issues pending at this point in time today that we're coming before you, of the $2 million. We do not have a memorandum of understanding completed. The draft that I've seen, as a request of my public records request, says that any of the people -- Could I have — Commissioner Gonzalez, could I have Mr. Herrerra's time -- two minutes to actually finish? Chairman Gonzalez: Go ahead Ms. Solares: Thank a lot. The memorandum of understanding has, at the end, a little clause that says that any of the parties can pull out of this deal at any time, so if you give them the $2 million today and $10 million tomorrow, and $20 million next month, and that memorandum of understanding continues to have that clause, anybody can pull out of this deal, and whatever monies diverted or sent to -- what happens to those money? We're short of money at this time, Commissioners. You're going to be voting on possibly bonds of $300 million later on this afternoon because you don't have the money, and you're giving it away? We do not have the memorandum of undestandings [sic] finalized. We do not have the master development agreement finalized. We do not have the master management agreement finalized We don't have the proposed cooperative agreement finalized. We do not have the lease agreement finalized. I beg of you, what we're asking is that you defer this item to September. You will have the benefit of having all of those documents that are so important to this deal before you in final draft, and the public will also have the ability of looking as to see what is the City committing itself with the County, and certainly, once that — things are signed — I mean, to be — for having one of the individuals; for example, the museum pull out, what about the money that has been given? The only reason we're here today and the only reason we're asking — the only thing is that this matter be deferred to September, please, so that all of these documents are finalized; you have read them, not somebody else for you. You have read them, and we have had the ability of read them as well. We are not opposed to the museum. Thank you so much. Chairman Gonzalez: Thank you. All right. 1 guess that concludes the public hearing; brings it back to the Commission. Commissioner Sarno" City of Miami Page 15 Printed on 5/2/2008 City Commission Meeting Minutes June 14, 2007 Commissioner Sarnoff Thank you, Chair -- Mr. Chairman. There's really two issues before us today, and that is, fiscal responsibility and the siting of these two museums. Now having been born in Brooklyn and brought up in New York, 1 had the opportunity to have museums pretty much my entire life; the Metropolitan Museum, Museum of Modern History, and the Museum of Fine Arts in New York City, and every -- twice a year, we were bussed, as schoolchildren, to go to those museums, and it was certainly a big part of my recollection, as an adult today, going to those museums. Nobody can take away the fact that you must have a cultural experience for children for them to even appreciate and then gain a respect for the culture and the arts. The siting of these two museums, I wasn't absolutely sure whether it was the correct siting so what I did this past Sunday was go out with my wife, Ryan Alexander, and his fiancee, Andrea. We went by Metrorail to the museum; had a nice experience on the Metrorail, so 1'll give some kudos to the County, and actually found the Metrorail to be quite crowded on a Sunday -- and we went out there and we saw the museums, and then walked over to the park, down Flagler, which is a different issue that we can get to later on in the committee — in the meeting today -- and when I got to the park, it was my -- quite honestly, it was my first time actually completely in the park I'd driven by it; I'd seen it, but never walked through the park, and 1 got to see exactly where the museums would be sited. I got to experience the museum -- the park with a number of other people that were in the park, and those were mostly homeless people, and right by what I understood to be a former restaurant are five families or five existences of homeless people who've lived there, they've told me, for the better part of six months, so it's pretty clear that the people that enjoy the park -- and not that they should not, but — are homeless people, and as to where the siting of this park -- of these two facilities are, nobody could argue and nobody could get up here and raise their right hand and suggest to anybody in this meeting hall today that you will restrict anyone's view where those two museums will be sited. Those museums will cover up 395. Vice Chairman Sanchez: That's it. Commissioner Sarnof Period, end of report. Well, does that mean that a museum belongs in a park? Quite honestly, 1 still didn't have the answer, and providence working its own magic, I actually met a person I knew in the park that day named Shane Graber, and he said to me, have you read the following books: The Death and Life of a [sic] Great American City (sic], by Jane Jacobs; The Geography of Nowhere, and The Rise and Sprawl of Suburban Nation. 1 had not read the books, yet I sat before you as a Commissioner. I've now read the boob, and Jane Jacobs — this book was written in 1961. Let's talk about vision for one moment. This woman is not only a visionary -- 'cause you know what she's talking about? Too much carbon being put into the air by cars; 1961, and she's telling us to be worried about carbon being emitted into the air. Only reason 1 bring that up to you is to give you some of her ideas. She describes, in this book, something called a vacuous park Her definition of a vacuous park is a park that does not attract people; park that doesn't bring people to it. She talks about good small parks typically have a place somewhere within what's commonly understood to be the center, a crossroad a pausing point, a climax. She then goes on to describe three parks, most of them parks that I know from my living in New York City, and she talks about some parks that are surrounded on three sides, on by the Lower Eastside Highway, one by the water, and one by an impassable roadway, and she could have been describing Bicentennial or Museum Parr whatever you choose to call it. On the one side of Bicentennial Park you have 395. Now we all know, for our lifetimes, that's where it's going to be. We have the water. We all know we put a great new seawall up there, and that seawall is going to remain, and we're not going to have people go in through the water side. We then even have one more side to the park, which is the inlet, and the inlet is not going to invite anybody into that park, and we now have Biscayne Boulevard, which, for all intents and purposes, is a psychological and physical obstruction to anybody going into that park, so what is Ms. 1961 Jane Jacobs recommend? She says you must create an environment that a park needs. You must create a meeting place for people, and what does she describe? The use of buildings to bring people into a park. The Geography of Nowhere. You Cfly of Miami Page 16 Printed on 5/2/2008 City Commission Meeting Minutes June 14, 2007 must have eyes and ears in a park for that park to succeed. By the way, in Jane Jacobs' book, 16 parks that she's described in New York City are no longer parks. They're now projects where buildings exist because they were vacuous parks. The Rise and Sprawl of Suburban Nation, which I'm glad 1 read this because this is Elizabeth Duater (sic] Plater-Zyberk. She describes parks as being common meeting places, and they must provide a reason to be there, especially vacuous parks. Folks, we have a vacuous park. Time has demonstrated that this is a vacuous park. This park is not a used park by the people who want to use it. This park is utilized by those -- you know, it's interesting, 1 always wonder -- not to be disrespectful to Mr. Perez out there, but he could afford to live on any waterfront anywhere in the world, and we have six people living on the best waterfront in the world, but they happen to be homeless. It's kind of ironic in a way that the rest of us don't get to enjoy the waterfront because it's a vacuous park, so with that being said, 1 became convinced, after reading these three books and having been there myself this is the right place to put magnets in the park. Are these the right magnets to put in there? Everything we do, everything we say is post -apocalyptic PAC, Performing Arts Center. Everything we think about, as a Commission, is in the shadow of the economics of the PAC. Now that should scare us as Commissioners because we don't need and don't want to make the same mistake, but let's talk about economics for a second My first week or month being a Commissioner, 1 got to experience Art Basel. Art Basel is predominantly a City of Miami Beach event, yet, I was in the Design District, Commissioner Spence [sic], and it was packed. It was the first time 1 appreciated having a driver because 1 was allowed to get in there, mill around, and spend time in what I've been told provided $100 million to our economy. Now how many of you sitting on this Commission would turn down the opportunity to have the Super Bowl here every year, not at Miami Gardens, but in the City of Miami? I don't think anybody here would make that choice to not have the Super Bowl here every year, and yet, that's the kind of money you'd be turning away ifwe don't start creating venues for Art Basel to come in and to spend its time and its energy. Why the art? Two reasons. It is your sense of place in history; it is who you are. It is what you like to define yourself as. It is your gift to the next generation, but how about the here and now and the right tofore? It is good economy. We're not going to bring a General Motors to the City of Miami. The first person to do that will probably get thrown off the dais because it's a polluting -type environment. Art is an industry that is clean. Art is an industry that will bring a great many visitors, both from a tourist class and from a world -class community to come into Miami. We have something that few cities have. We have a community of artists in the Wynwood section that are flourishing, more so than Miamians think. If you go to France, if you go to Spain, if you even go to Germany, they'll talk to you about Wynwood and its community. If we don't start supporting our artists, if we don't start supporting art as an economy to the City of Miami, then what else are we going to bring, and that's just a stopgap measure because, folks, everything we deal with up here inevitably comes down to jobs, education and jobs, and it's our job here to talk about jobs, and maybe it's the School Board's job to talk about education, but what's -- let's not kid ourselves. We all need to talk about it to make this a better city than it is today. Let's talk about the museum, and let's talk about inclusion. The museum should never turn away a school -aged child That museum should never be allowed to turn away a school -aged child who wants to spend the day in there. That would be a great poverty initiative. The museum should have a local artist gallery, just to City of Miami, and maybe we'd be grand and open it up to Dade County, Dade County artists, and that should be a gallery that is dedicated, maybe, to one of our most famous artists, and maybe we should ask for the naming rights for him, Purvis Young. Purvis Young is probably the most popular artist, maybe in the world, you could argue, but certainly, in the United States today, and ifwe don't support our local artists, then we'll never have a thriving arts community. Now I know it's been pointed out to the Chairman that the voters have not specifically spoken on this issue. They have been presented -- and 1 gave it to the Chairman — there's no doubt -- pro and con. People brought advertising. 1 have Mr. Margulies' advertising behind here. I have the City of Miami's fact sheet advertising. If we're td say every time somebody goes to the poll they don't know what they're voting for, then none of us sitting here have a right to say that we're here because the voters chose. You've got to give the electorate a lot more credit than people wish to give them, and you never underestimate the electorate. Were they advised there were going to be two City of Miami Page 17 Printed on 5/2/2008 City Commission Meeting Minutes June 14, 2007 museums in Museum Park or Bicentennial Park? Yes, they were advised that. It says it right here, "Museum of Science contribute funds to assist the museum with its development efforts for a Bicentennial Park location. Miami Art Museum; allocate monies to assist the museum in establishing a development site at Bicentennial Park" We have to find the courage, in the post -apocalyptic PAC, to go forward with an agenda, the courage to say we will get it right, and the courage to do right versus always being afraid and saying, "Oh, no. Can't do that. The PAC's not working." 'Cause you learn from every experience. For this group to get it wrong, shame on you. For this group not to have gone to PAC and say what did you do wrong and learn from that, shame on you, but you're smarter than that. When Hook out into the audience, forgive me, but the people who do take interest in the arts just tend to be the most educated, and that's what art is about, education. It's that amorphous concept that we cannot put our fingerprints on. Is it math? Is it science, or is it more than that? Is it our essence of humanity? Is it who we are as a people? Is it who we are as Hispanic? 1s it who we are as African American? Is it who we are as Jewish American? And can it be all of us, as Miamians? Is that not the meeting place that we talk about, that the City of Miami comes together in one place and create its own culture? 1 suggest to you it is. I suggest to you that Bicentennial Park, and should you choose to call it Museum Park, is that place. It is the place where hope exists. It is the place where we can't put our fingerprints on exactly who we are, but we come to meet to talk about who we will be. If we are the great melting pot of the year 2007, where I came from the melting pot of New York -- because 1 think we are. I think we're the society of the future. I think what you look at in Miami is what you will see in the United Stated in the next 20 or 30 years, and the art that we form in this community is the art that you will be seeing all across the nation 20 years from now, and that's the point. That is the point that I'm trying to make going forward Now can we put some restraints on you? Yes, and we will, so I'm going to suggest to this Board that we do a motion to approve the already -allocated and voter -approved $2 million to the Museum of Science, subject to the following conditions. Vice Chairman Sanchez: No, wait, wait, wait. Commissioner, could you just wait to get those conditions? I think I'm going to be adding some conditions, and maybe some of the — Commissioner Spence -Jones: And Mr. Chairman — Vice Chairman Sanchez: — Commissioners -- Commissioner Spence -Jones: -- too, before -- I'm going to respect the -- his motion on it, but I do have -- I would like to at least put my comments on the record Vice Chairman Sanchez: You're making a motion? Commissioner Sarnof : I am. Vice Chairman Sanchez: I will second it. You're going to proffer some conditions? Commissioner Sarnoff: I am. Vice Chairman Sanchez: OK, go ahead City of Miami Page 18 Printed on 5/2/2008 City Commission Meeting Minutes June 14, 2007 Commissioner Sarnoff I'm going to say that the -- prior to the issuance of the funding, that they come to an agreement on a master term sheet with the County. I'm going to say that they also execute a memorandum of understanding. That does leave some things to do. That leaves you with a lease agreement and a master management agreement. I look out in that audience and I see some of the most brilliant legal minds, and 1 know if1locked them in a room for two days, it'd be ugly, but they would come to an agreement. I'm going to suggest that they raise $40 million of the 108 million by written, unqualified pledges, and that 20 percent of them exist in cash. While you have said it on the record, I'm going to hold you to it. There will be parking for 500 underground spaces, paid for by the museum, to be utilized by the public at -large. That means that we can park there. In accordance with your memorandum with County Manager Burgess, I'm going to demand that your soft costs do not exceed 17 percent, just like the County requires. As to the park itself, let me talk about that for a moment. I'm going to ask you to immediately form a committee to raise not less than $12 million with the goal of raising $20 million for the construction of the park. I'm going to require you to maintain the park at your own expense so that we, as a city, don't fail you and you don't fail us. I'm going 10 suggest that there be an immediate public meeting to consider what occurred at the Performing Arts Center, which was an overflow meeting, and that the public comments made at the Cooper plan -- Cooper Robertson plan, that we immediately visit them. Let me just say one thing for the record. That's the end of my conditions, but I'll -- if you don't mind, let me just close my comment. I was not impressed with the Cooper plan. 1 think it's overcomplicated. I think it's more than we probably could afford and should afford, and 1 think simplicity is the call of day. You know, folks, we are just coming out of -- well, 1 don't know that we're out of it yet — one of the worst droughts in our history. Don't overcomplicate a park design. Don't require water when we may not have that much available in ten or fifteen years, so I'm going to suggest that we have immediate public hearings, just like we had with Sasaki, and there be real public input on the 22 acres that still remain to be designed because all we've done is site the park and put the battery in there, and with that, I apologize to my Commissioners for being so long-winded, and 1'11 turn it over to them. Vice Chairman Sanchez: Mr. Chairman, 1 would — Chairman Gonzalez: All right. We have a motion, and we have a second. Vice Chairman Sanchez: But there's still — Chairman Gonzalez: Discussion. Vice Chairman Sanchez: -- discussion. Chairman Gonzalez: Vice Chairman Sanchez, you're recognized Vice Chairman Sanchez: No. 1 would yield to Commissioner Spence -Jones, and later on, I would like to make a friendly amendment to add some conditions that have been proffered by Commissioner Sarnoff Chairman Gonzalez: All right. Commissioner Regalado: Mr. Chairman. Chairman. Chairman Gonzalez: Commissioner Spence -Jones. Commissioner Spence -Jones: Thank you, Mr. Chairman, and I,have to say, you know, for those that truly know me know 1 truly support the arts, so it's not even about whether or not 1 support the arts or whether or not I support having any arts -based programs happening in the City of Miami. I'm a strong supporter of that. For me, it's not personal. For me, it's more of a trust City of Miami Page 2 Printed on 5/2/2008 City Commission Meeting Minutes June 14, 2007 issue for me and my community, and I'm just going to put it out there because 1 think it's important to say, and Terry and 1 have had this conversation. Many of the board members and I have had this conversation, and just even yesterday, when we start looking at an item that's going to come up later, when we start looking at what the voters approved, meaning if these are the items that we wanted to see or voters wanted to see funded, even that, in my community, in my district, and even in some of your districts, where programs or projects were supposed to be funded for whatever reason, they were all put on -- or some of them were put on the backburner, or now we can't find the funding to complete them, so for me, this issue is about a trust issue, and 1 understand that CIP (Capital Improvement Program) is working very hard to make those necessary changes, but to know that the voters have approved certain items and some of our projects are not happening, or they're not being funded because, quite frankly, for whatever reason, it's not happening. 1 think of parks like Gibson Park that is still waiting for a A/C (air conditioner) in the middle of the heated summer, where kids have no place else to go in Overtown, and that A/C, which we just put in seven months ago, still is not working. 1 think about Tacolcy and all of the work that they've been doing in that area in Liberty City, and still, you know, have to struggle to at least get their roofs completed 1 think about Hadley -- I think about Little Haiti Park, you know, the first cultural complex that I'm having in my district, and for some reason, a 1,400 square building -- excuse me, a 4,000 square building that was supposed to be a 4,000 square building now — is now being reduced to, you know, 1,200 square feet, which 1 know the Manager's working to change that, and 1 appreciate it, but for me, like I said, it's a trust issue. If the voters approved something and said this is something that they wanted to see happen, then, to me, that should be happening. My trust also goes beyond just the issue of whether or not we keep our word on what the voters decided to vote on is the issue of the negotiations with the County. I understand that our City Manager's going to do an awesome job, and when we ask the question as to where we are with the negotiations from the County, we're saying that we're almost there. Well, almost there for me means almost a year and a half - - almost a year, excuse me, of trying to negotiate with them, the County, on key issues regarding the people living in the heart of Overtown, trying to get these issues resolved from a bond perspective, from a reverter perspective, and we're just not getting any love or any true support, you know, to see some of these things happen from a County standpoint, so for me, it's about a trust issue. It's whether or not I can really trust you're going to do what you say you're going to do, and it's not going to change down the line. Now I respect, totally, what Commissioner Sarnoff — and I'm glad that he has proffered these items on the record today, and 1 really appreciate him adding — because those are clearly some of the things that I thought were really important, but / have to say this. I have friends on both sides. I have friends that support the museum. Some of my friends are in here today, and some — I have friends that don't support the museum. I personally don't have an issue with the museum. I personally don't have an issue with having any buildings in the park, especially since, as Commissioner Sarno f'stated earlier, you do need to have something to attract people to the park, and quite frankly, right now, Bicentennial is only really being used for events, major events that come in town. People come there for the events, and then they leave, so it's not an active park from that perspective, but it is an important venue that is utilized, and that's — a lot of that has to do with, you know, whether or not the City's actually programmed the park to really be that type of a park to attract people there, so my issue and my concern is not really about the buildings per se. It's really about trusting that you're going to do what you say you're going to do and keeping your promise, and as Commissioner Sarnoffstated earlier, you know, no one wants to utilize the word or mention the word "the PAC, " but 1 have to tell you, from my community's perspective, 1 cannot help but to use the PAC as an example because here's a perfect example of how people have said that they were -- would make promises to my particular community and make sure that there was inclusion and participation, and all those great things to get the project passed, and then now that the PAC is built, it's -- we have a hard time even using the facility. We have a hard time even having activities and events take place there, so understand for me, it's not about -- Terry, it's not about whether or not this project is not a good project to have. The reality is, my concerns are whether or not you're going to do what you say you're going to do, and we all have good intentions. We all say that, you know, we're going to be -- we're going to raise the money City of Miami Page 3 Printed on 5/2/2008 City Commission Meeting Minutes June 14, 2007 and do whatever it takes, but what happens if you don't raise the money? And you know, for me, you know, these examples that were used earlier regarding, you know, a lot of these museums not using public funds that is coming from, most of the time, private industry, you know, that -- to me, those are very solid, good, valid points. You know, we're already giving free land for you to put the museum on. It's not like we're not providing the free land, so you know, the issue for me becomes then, why not raise the additional money you need to build the museum? I don't think that that is a difficult request. Now as far as the Museum of Science is concerned -- and 1 know we're not dealing with this today -- and as Commissioner Sarnoff stated earlier, we do need to have attractions on the park. I personally feel that if the Museum of Science -- I was very impressed with their presentation, their outreach in the urban community, and all the great things that they have done, and even the number of visitors that actually participate or actually come to the museum annually were very impressive, and 1 do understand that in the presentation in my community, it was stated that, well, we need a bigger facility to attract those kind of people, and 1 do understand that, but 1 have to say that I'm -- I was very impressed with the Museum of Science and what they presented, and I think a museum of science in the heart of a park with a aquarium on the water is a beautiful thing to have, and it is definitely a great attraction, and it goes with the use of the park; very similar to what I saw in Baltimore not too long ago when 1 visited there, so I just want to say, really kind of in closing, you know, for me, you know, this item has already been supported and been passed and voted on -- well, actually, it hasn't voted -- we're going to vote on it, but 1 do want to, at least, make sure that I put some key issues -- and I would like to, at least, offer afriendly amendment to yours, Commissioner Sarnoff I would like to definitely see that there is a community benefits agreement that's put in place. Quite frankly, I'm so sick and tired of hearing broken promises or empty promises and people not living up to what they say they're going to do, and I would definitely like to make sure that that benefits agreement is something that has real teeth attached to it so that if you don't meet those necessary commitments or guidelines, then there's some penalties that are attached to it, just as we do in the CRA (Community Redevelopment Agency), when we put agreements together with folks that want to build and develop in the area. There's key things that we want to see that happens in this community benefits agreement, and then last, but not least, I think that it's very important -- and I think this was already mentioned, but 1 would like to, at least, expand on it. Because the park itself is a downtown — basically, a downtown park, and it is a park that all districts will utilize, I think that it's important to have, not only before the building of the park takes place, but even after the park gets done -- I know that we have a Park Advisory Board that's been kind of not moving, but hopefully, it will start moving and doing something and being productive, but I would like to see that there's some sort of community oversight board that's put in place to say if these are the ten items that the community has come up with that the park — that -- excuse me, that the museum has to do in order for it to live up to their commitment of making promises to the community residents, then the community oversight board would be there to make sure that those things took place, so that is my only concern. It is really a -- not about the museum. I love the arts. I'm probably in a gallery once a week, you know, because 1 really support local artists. 1 mean, I have several initiatives to do that. It is about trust. It's about, if you tell me you're going to do something then do it. If you're not going to — don't make these promises to -- and then we have to stand up in front of our constituents and tell them, you know, when they e-mail (electronic) us or we go out into the areas like Overtown, and the A/C's not working for kids to be able to acknowledge or be able to, at least, play in their parks, you know, it's a very difficult sell for me, not when I have to make a choice like that. The neighborhood folks that, you know — this is the only outlet they have is the little parks that they have in their communities. That's all they have, and if they can't go in their own parks — and the voters voted on it, and we can't deliver on, you know, what we say we're going to deliver on, then it's hard for me to trust it on both ends, and as far as the County's concerned Mr. Manager, you can agree that it has been extremely difficult with us getting some additional agreements that we've been working on, for God knows how long, on key issues that are very important to just the quality of life of individuals living in neighborhoods, so you know, it's — I'm glad that Commissioner Sarnoff put — I'm hearing the — I want to make sure 1 heard you correctly. You did say that you're supporting this item, but you're supporting this item based upon the fact that there is an City of Miami Page 4 Printed on 5/2/2008 City Commission Meeting Minutes June 14, 2007 agreement put in place, or that they're going to start working on this -- finalizing this agreement? Commissioner Sarnoff Sure. Commissioner Spence -Jones: 1 want to just be clear because 1 don't want us to get in it — I'm just telling you. 1 don't want us to spend the money and then -- or start spending the money and then the County says, "No. We don't agree with that," and we know, from experience, that has happened. Commissioner Sarnoff: Right. 1 said that they would have to have the terms — the term sheet agreed to and the MOU (Memorandum of Understanding) agreed to. Commissioner Spence -Jones: OK Vice Chairman Sanchez: All right. You done? Commissioner Spence -Jones: I think Regalado -- Vice Chairman Sanchez: Commissioner Regalado, you're recognized for the record on this item. Commissioner Regalado: Thank you, Mr. Chairman. This is looking like the immigration bill with so marry amendments and conditions. I'm not going to place any amendment. 1 just want to go back in history several years ago, back to the '80s and back to the '90s. As a journalist, I cover the public hearing -- maybe some of you attended — that was held at the Miami -Dade County Auditorium many, many years ago in the '80s. 1 think it was County Commissioner Bruce Kaplan who chair that hearing. The Manager may remember. It was about the PAC, the performing arts, and this is where -- in that public hearing, and then there was another public hearing in the Knight Center about the PAC, and 1 saw there the persons from Sears and — donated the tower, and also the people, member — the members of the Trust that promised that they would raise the money. At that time, we were told, at that meeting that the cost of the PAC would be $87 million, and -- so they said, well, we'll come up with $57 million. As we stand today, that figure never came through, and we all know what happened in the past. Commissioner Sarnoff is right in saying, well, you know, -we have this PAC paranoia, but the fact is that the City of Miami, through the CRA, the Community Redevelopment Agency, is still putting in the PAC a million and a half every year, and the fact is that, in less than 60 days, we may have, in the agenda of the CRA, a proposal that the CRA of the Omni area will use 35 percent of all the revenues, which amounts to maybe 7, $8 million a year, to support the administration of the PAC, and that will be forever, or at least, to the year 2027, so the PAC is a real issue for the City of Miami and for the residents of Miami, and just wanted to remind my colleagues and the people watching and the people here that this is a serious issue that we have, and that the City — which has nothing to do with the PAC because it doesn't own the PAC; didn't build the PAC -- has been called to rescue the PAC with the CRA and 35 percent of the revenues of the CRAB in the Omni area, which include, by the way, maybe the Bicentennial Park. The other issue that 1 wanted to remind, coming back a little closer, the '90s — one of the happiest moment in this City Commission for me was when 1 was honored to move forward the Children's Museum. The City gave the land to the Trust of the Children [sic] Museum, but you know, when they came in, at that time, the City was in the middle of this bankruptcy and crisis, and we couldn't talk about money. We could only talk about land; the most precious land that the City had, the Watson Island land, and we told the people from the Children [sic] Trust, when you raise the money, you come back to the City Commission, and they did. In 90 days, 120 days, they raise $13 million. They came back; the Children's Museum was built, and it's there. The conditions? Fifty percent discount to every resident of the City of Miami, and it work. 1t has — now they have -- in the middle of charter school. The attendance, it's staggering of residents of the City of Miami, so this Commission has been very proactive and still is supporting the PAC in Ciry of Miami Page 5 Printed on 5/2/2008 City Commission Meeting Minutes June 14, 2007 terms of the arts. The problem is that there have been sort of a double standard. The problem is that there have been projects in the district that 1 represent and that every [sic] of us represent that have been cancel; projects that went in that -- also to the voters as a information pamphlet, but some of these projects have been canceled because there were cost overruns, and we had to move money from other priorities -- beautification of Southwest 8th Street, gateways -- to finish other projects, and the voters did vote for it. We did promise that to the voters, so it is very difficult to explain to the voters why did -- we didn't use at least $100,000 of the museums so we can sort of move money around. The money wasn't touched, and it's fine. I understand. It was a -- it's a major project. We say, well, you know, we need to respect the voter. In this case, we haven't because some of the projects have been cancel. We have -- with a stroke of the pen, we cancel a contract with the Rusty Pelican that was approve by the voters, and somebody said no. We do not want more money nor a new restaurant, until we finish the master plan and we figure out what we want to do. By doing that, the City is losing about a million dollars a year in the last three or fouryears. The voters approve it, 76 percent. The same issues that the voters approve on that referendum, next day, went into effect; the parking surcharge and the salaries for Commissioner, so I just want to say that, you know, l'm a little uncomfortable with the double standard. We do not have a lease. We do not have a — we don't know what's in it for the City. We —1 mean, this is easier than the tunnel because we were going to discuss today the tunnel, and the City was going to come up with $50 million as a gift to the County because we don't own the tunnel, nor we can have a toll to enter the tunnel. The question is, what's in it for the City of Miami, for the residents of Miami? This is going to be owned by the County. The director said that the land will cost like $50 million, which is a conservative estimate, so we're giving away fifty -some million dollars for the arts, and I agree. Arts deserve it, but there's nothing that the City can say, "This is ours." This is our. The PAC is not ours, and yet, we're going to have to be paying for the next 20 years for the administration, so it is not about the arts. The homeless, big problem in Coral Way, in Overtown, also in Bicentennial, but this is not about the art. This is about a police and community action, a concerted effort to eliminate homeless. I agree with the notion that parks needs to be active, and I hope that it does. The point here is that it's very difficult for me to understand why does the County has not release the $100 million that were approve in the GOB (General Obligation Bond) or part of it? Why does the City have to release first the money, without any paper signed, without anything that could say, well, we are part owners of this project? That is my problem. My main issue is that we went along by canceling projects that were approved by the voters, and now we say that we have to do this without any papers signed because it was approved by the voters, so it's either I'm too dumb to understand or there is a double standard here, and that double standard troubles me, and this is why I would not support the $2 million grant to the Miami Art Museum. Thank you, Mr. Chairman. Vice Chairman Sanchez: Yes. Mr. Hernandez: Mr. Chairman, ifyou allow me. I think it's important that I do put on the record that we plan to fulfill every promise that we have in that capital improvement plan. Many of the ideas originally were, 1 would say, vague in concept. As they were defined, costs did increase, but our plan right now is to fulfill every promise and every commitment, not to have a double standard Definitely, we will not. Commissioner Regalado: And we thank you, Mr. Manager, and we'll love you ifyou do that, but planning is not good enough. I mean, we just -- we cancel -- the reality is that we did cancel some projects. Now planning, it's great. We are planned — we plan to do the best for the City, and we thank you, but we're talking today. Mr. Hernandez: Commissioner, it's a question of I think, rescheduling. We'll reschedule the projects. We'll do the ones that are ready to go now, and the others will be rescheduled, but eventually, all will be done. Commissioner Regalado: Thank you, Mr. Chairman. City of Miami Page 6 Printed on 5/2/2008 City Commission Meeting Minutes June 14, 2007 Vice Chairman Sanchez: Yes. Are you done? Mr. -- Commissioner Regalado: Yes. Vice Chairman Sanchez: -- City Manager, you're done? 1 think it's important that we focus on really two things, but one thing that I'm going to toss in; one is oversight, and the other, of course, is a vision, but before 1 do that, I think it's important that we set the facts straight because we do have great organizations that are partnering up with the City, and 1 think we at the City here -- and I've been here -- I've been blessed by the voters to be here two terms. One of the things that we constantly promote is partnering up with great institutions to create great venues for our city, to put our city on the map as a great international city, and 1 am a visionary. I like to compare myself to other great cities, such as Barcelona, Spain, France, Paris, and other great cities that have all those things that really make it a great city, but 1 think it's important, as 1 stated, to clear the facts because there have been a lot of things said that aren't accurate and aren't true, and 1 think that one of the things that we did in this Commission, one of the wisest things that we did was to defer this item to allow us an opportunity to sit down with the Administration and have the Commissioners address their concerns, and 1 think the Administration did a great job with this memo that they put out addressing 13 questions that we had, 13 concerns and 13 questions that really had merit. 1 took the liberty to put down, 1 think it was five or -- five questions that 1 wanted to address, and 1 think one of the questions that was brought forth that 1 think the record needs to be cleared is that, you know, we who labor here seek the truth, and I think that when we say something, it's got to be accurate. 1 just can't pick numbers from the sky and 1 can't make misleading statements. One of the things said that there wasn't enough citizen participation, and 1 think that was number one on the issue. You know, the Herald, in itself — and 1 got this article that came out -- characterized the Museum Park's proposal as provoking wide attention and strong debate. I can't even count the meetings that we had pertaining to the public input to get people to support, which they did -- not once, but twice - - the City's bond issuance and the County's bond issuance. The other issue that 1 had some concerns was on the finances; that we wanted to see that the budget had -- did not exceed or pass the limits of the 17 percent cost — soft costs, which Commissioner Sarnoff put that as one of the conditions, and 1 will proffer some conditions when 1 get to the conditions. Of course, the big issue here was the issue of overruns and change orders, and of course, we don't like to dwell on —the past, butweneed to make sure -- and that'swhere Ithink it's important for this_ Administration to put an oversight committee — and that will be one of my conditions, but I'll put it out now — would be to create an oversight committee of people in CIP, people in budget; people that are knowledgeable and can assist to make this project a reality; to make sure that the project is time certain, cost certain, and project certain; to assure no cost overruns, and of course, the soft costs will remain at 17. There was another issue that got my attention on that, and that was — no. We'll skip that one because there's --1 don't want to dilute the — my support for this, but we need to focus on one other thing that was oversight — and 1 think I've made that very clear. Now on the vision aspect of the City — and I state it before — we are a very diversified city. Miami is a very young city, and we have had opportunities in the past — and maybe some of us weren't here, but 1 could tell you we made some mistakes. One mistake was Bicentennial Park What's there today is a mistake. We want to make sure we don't repeat that mistake. We want to make sure that we do it right. It was this Commissioner -- and I think maybe two Commissioners were here — when they wanted to put a baseball stadium there, it was this Commissioner who was the swing vote who did not approve a baseball stadium at Bicentennial Park because 1 had a vision. That wasn't the proper site for a baseball stadium, and boy, did we get lobbied because we got lobbied People wanted a baseball stadium there. We were -- waited for the right opportunity to create the right projects. As Commissioner Sarnoff stated, what we want to accomplish is a park -- and you know, somebody made a statement that caught my attention, and it was great. It is not the museum building that makes a museum. It's what's in that museum that makes a museum, and we could build a museum; we could build whatever we build out there, but if we don't get people to go out there, and we don't City of Miami Page 7 Printed an 5/2/2008 City Commission Meeting Minutes June 14, 2007 get people to visit and make that park a vibrant place as downtown is becoming -- and we're going through some growing pains; it's a young city. I think the leadership is there. I think we're focusing on the right things. This plan that was put forth that was presented to us, 1 think will be a signature piece of mosaic to the gem of our city that would be enjoyed by everyone because that park and that museum, and that environment that we're creating, it's for all the people of the City of Miami, not for the rich, not for the poor. I think museums and parks, when they're done right, benefit all those who want to take advantage of it, and when they go to those parks, no one's going to be turned away. As a matter offact, you have in place already — you've reached out -- you embraced the concept of bringing people to your museums and to -- we'll handle the part about bringing people to our parks, but you know what? No child should be locked out, Commissioner. You're absolutely right. Everyone should have an opportunity to experience what Miami's all about. Miami's a very diversified community, as I stated, and we have a great opportunity to make sure that we do become a world -class city, a city compared to great cities of the world, not just America. Our great country provides us opportunity, and that opportunity is created to many who, today, don't have that opportunity. Artists. 1 am a strong supporter of arts. You've heard about Cultural Friday. I take great pride in that because I've taken an area that economically flat -lined that, within four blocks, we have 14 art galleries of artists that struggled at one point, but today, they have their art galleries, and they take great pride in not only saying that they're from Miami, but they're great lovers of art, and I think it's important in those conditions, as one of my colleagues proffered, that those artists, the local artists, have an opportunity to work with you to maybe somebody, maybe once a month, allow them the opportunity to showcase, through your committee, to select whoever you may want to exhibit their arts because 1 think that a lot of struggling artists out there that would have that great opportunity, that is something to inspire for, so once again, 1 made it very clear that I support this. As a matter offact, when 1 deferred it, 1 deferred it out of respect for my colleagues because 1 think that if we're going to be a great City, we need to have great museums, great parks, great ambience to make Miami what Miami's all about. Now there comes a time when leadership and vision come together to make history. My dear colleagues, the time is today. The vision is there. 1 pray to the good Lord that we do have the leadership to make this a realityand support this concept, and you know what? Wish you the best to make sure that you, through the oversight that you will have and the conditions that have been proffered, we're able to partner up together because you know what? If we don't, we're going to be sending a horrible message out there to anyone who wants to come in and partner with us to whatever project there may be, when we have to put you through this vigorous discussions, and put you through this public display that really isn't what the City wants to do. However, I want to emphasize that oversight is a key issue here; to make sure that the Administration works to make sure that you do what you're supposed to do, and 1 think that with the conditions that have been proffered here today, you will have the vote to accomplish our vision, to accomplish our goals, which is not only your goal, but our goals to make sure that we do have a great place to showcase throughout the world, so having said that,1 think I've second the motion. We're trying to see if there's one Commissioner going to be here. If not, 1 think we're ready for a vote. Commissioner Sarnoff: Mr. Chairman, for a moment. 1 just wanted to point one last thing out I would have liked to have made a part of my presentation, and 1 apologize. Vice Chairman Sanchez: Well, before you do that, would you yield to your —? Let me add to your conditions — Commissioner Sarnoffi OK Vice Chairman Sanchez: -- and that, of course — my condition was to have -- I think, fiscal responsibility, and we need to be very prudent on this — the Administration put together an oversight committee to oversee the project to make sure, as I stated, those three elements are very important; time certain, cost certain, and project certain of the project. Of course, they have already proffered in that agreement that cost overrun, they will — they -- it will not happen, City of Miami Page 8 Printed on 5/2/2008 City Commission Meeting Minutes June 14, 2007 and if it does, it'!l be in their burden, and Commissioner, you stated one that was very important to me, and that's that 17 percent soft costs, and then, of course, you do work with the community, and 1 want to make sure that we do work with the local artists to make sure we work out a program where, through -- somehow you work with them to promote maybe once a month or local exhibition of artists, and with those conditions, if they're accepted as a friendly amendment, 1 would support the seconding of your motion. Commissioner Sarnoffi And just before we vote, 1 just wanted to point out to the audience on one thing. One of the things I did was to look at whether there have been any museums built very recently, and 1 say by that in the past seven years, on a waterfront community, and I was actually quite pleased that Ron Nelson of my office found the Milwaukee Museum, and I provide this to you -- and I'm going to give a -- provide a copy, but this is a museum that they put right at the water's edge, and if you look at the wings on that building -- of course, I am a little bit of the taste police. I like this. If you look at that building, those wings actually come down to guard against them, not for hurricanes, but blizzards, so the windows can be closed in the event of hundred -mile -per -hour blizzard winds, and this museum is a signature for their particular park, and if anybody's curious, their museum cost $121 million to build and this is an example of a public private partnership. It was designed by Calvathra, which is the architect, Santiago Calvatra, and he created the first world -class museum inside Milwaukee, and it is their cultural history environment, and it is approximately 100,000 square feet, and it is a beautiful facility, so it can be done on the water, and they equally suffered from a vacuous park; a park and a section of the — of their real estate that was not used by anyone, so it can be done, and with that, why don't we call the question? Vice Chairman Sanchez: OK There's a motion and a second. No further discussion on the item. Mr. Hernandez: Mr. Chairman. Vice Chairman Sanchez: Let's make it a roll call. Mr. Hernandez: I'm sorry. If you allow me, just to clam the conditions. -Commissioner Sarnoff.•-I'm- trying to -write -them -as we speak Mr. Hernandez: Well — Vice Chairman Sanchez: All right. Let's -- Mr. Hernandez: No. 1 wanted to at least maybe elicit what the City Attorney and myself had just discussed to see if we're all on the same page. Vice Chairman Sanchez: Why don't you proffer them for the record so we have an under --? Mr. Hernandez: Prior to the issuance of any monies, the term sheet and the MOU will have to be completed and approved by this City Commission. The other items, like the 40 million in pledges, the 20 percent in cash, the 500 underground spaces of parking, the soft costs not to exceed 17; the formation of the park committee, the museum to maintain the park the oversight committee recommended by Commissioner Sanchez, the community benefit agreement, also mentioned by Commissioner Spence -Jones; all of those would be part of the MOU. Mr. Fernandez: Yeah, and also another point -- excuse me for interrupting. Commissioner Sarnoff had made the point of not only the maintenance of the park, but also an initial contribution of 12 to $20 million for the improvements and infrastructures of the park City of Miami Page 9 Printed on S/2/2008 City Commission Meeting Minutes June 14, 2007 Mr. Hernandez: That's correct. Commissioner Sarnoff What I said -- Vice Chairman Sanchez: Whoa. Commissioner Sarnoff -- was an immediate formation -- Vice Chairman Sanchez: No, no, no, no. That's -- you didn't proffer that. Commissioner Sarnoff: 1 said immediate formation of a committee -- Vice Chairman Sanchez: To -- Commissioner Sarnoff: -- to raise between 12 and $20 million for the -- Air. Fernandez: OK Commissioner Sarnoff -- construction of a park. Mr. Fernandez: For construction of the park, not of the museums. Commissioner Sarnoff: No, not of the museums. Mr. Fernandez: Of the parks itself Commissioner Sarnoff Of the park itself, right. Mr. Fernandez: Correct. Commissioner Sarnoff They don't have to have that money in hand. They have to create — Mr. Fernandez: Sure. Commissioner Sarno,' — the committee to form -- Vice Chairman Sanchez: Oh, OK. Commissioner Sarno' I'm not suggesting that they have to have that money there. I'm suggesting that the onus is put upon their committee to create a committee — it could very well be their committee — 1'd like to be a part of that committee -- to raise between 12 and $20 million for the construction of a parr and the reason being it will probably take in the neighborhood of $20 million to get a — maybe not the Cadillac, but the Buick ofparks. Vice Chairman Sanchez: All right. Are we crystal clear on those conditions? Commissioner Sarno' I think -- Mr. Hernandez: Right, so in essence, prior to any issuance of monies, you need to have the term sheet and the MOU approved by the City Commission. The MOU will contain all the other goals and the detail necess — that goes with each one of them. Vice Chairman Sanchez: OK Are you comfortable as making the motion — Commissioner Sarnoff: Yes, sir. Ciry of Miami Page 10 Printed on 5/2/2008 City Commission Meeting Minutes June 14, 2007 Vice Chairman Sanchez: -- with the conditions that have been proffered? 1 think there's no further discussion. The question has been called. Madam Clerk, roll call. Ms. Thompson: This is your roll call on your resolution, as amended. Vice Chairman Sanchez: Yes, ma'am, as amended, for the record. Ms. Thompson: Thank you. Roll call. Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Commissioner Sarnoff.? Commissioner Sarnoff Yes. Ms. Thompson: And then, Vice Chairman Sanchez? Vice Chairman Sanchez: Yes. Ms. Thompson: We have a quorum. We have a vote of 2/1, and by our vote, it does pass. Mr. Fernandez: Correct. Vice Chairman Sanchez: Yes, it does. Ms. Thompson: Thank you. Vice Chairman Sanchez: All right. We will be in -- Mr. Hernandez: Mr. -- Vice Chairman Sanchez: -- recess. Mr. Hernandez: — Chairman. Vice Chairman Sanchez: We will be back — [Later...) Chairman Gonzalez: Also, for the record, I had to leave before a vote was taken on the Museum of Arts [sic], and having heard to the arguments that 1 heard this morning, and having heard the arguments of the dii?rtct Commissioner, I was ready to vote to favorgfe museum also, so I'm glad that it passed and I'm sorry that 1 couldn't be here to support that item. City of Miami Page 11 Printed on 5/2/2008