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HomeMy WebLinkAboutCC 2010-01-14 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com { :* IMCORP GROTED I L E Meeting Minutes Thursday, January 14, 2010 9:00 AM SUPPLEMENTAL City Hall Commission Chambers City Commission Tomas Regalado, Mayor Marc David Sarnoff, Chairman Frank Carollo, Vice -Chairman Commissioner District One Francis Suarez, Commissioner District Four Commissioner District Five Pedro G. Hernandez, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes January 14, 2010 SP.1 09-01238 Department of Capital Improvements Program Present: Vice Chairman Carollo, Chair Sarnoff and Commissioner Suarez On the 14th day of January 2010, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chair Sarnoff at 9: 44 a.m., recessed at 12:45 p.m., reconvened at 1: 02 p.m., recessed at 1: 27 p.m., reconvened at 3: 47 p.m., recessed at 6: 49 p.m., reconvened at 7: 06 p.m., and adjourned at 8:12 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION MANAGER AT RISK AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SUFFOLK CONSTRUCTION COMPANY, INC., FOR THE PROVISION OF CONSTRUCTION MANAGEMENT AT RISK SERVICES FOR THE STADIUM SITE PARKING PROJECT, B-30648, IN AN AMOUNT NOT TO EXCEED $168,174, FOR PRE -CONSTRUCTION SERVICES; ALLOCATING FUNDS FROM AWARD NO. 1420-MIAMI SPORTS AND EXHIBITION AUTHORITY CONTRIBUTION TO CAPITAL; AND FOR THE PROVISION OF CONSTRUCTION MANAGEMENT AT RISK SERVICES, IN AN AMOUNT NOT TO EXCEED $75,000,000, INCLUSIVE OF THE FEE FOR PRE -CONSTRUCTION SERVICES; NOT REQUIRING FURTHER CITY COMMISSION APPROVAL, PROVIDING THAT THE FINAL GUARANTEED MAXIMUM PRICE DOES NOT EXCEED $75,000,000; ALLOCATING FUNDS FROM THE SALE OF SPECIAL OBLIGATION PARKING REVENUE BONDS, WITH EXECUTION OF THE GMP AMENDMENT CONTINGENT UPON THE SALE OF SAID BONDS. 09-01238 Legislation.pdf 09-01238-Exhibit-SUB. pdf 09-01238-Submittal-Mayor Regalado.pdf 09-01238 Summary Form.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-10-0003 Chair Sarnoff Mr. Mayor, I think, SP. 1? Are we --? Mayor Tomas Regalado: SP.1. Chair Sarnoff Okay. Mayor Regalado: SP. 1 is a resolution of the Miami City Commission authorizing the City Manager to execute a construction manager at -risk agreement with Suffolk Construction City ofMiami Page 2 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Company for the provision of construction management at -risk services for the stadium site parking project. This amount is $168,174 for pre -construction services, allocating funds from award number 1420, Miami Sports and Exhibition Authority contribution to Capital, and for the provision of construction management at -risk service, in an amount not to exceed $75 million, inclusive of the fee for pre -construction services, not requiring further Commission approval, providing that the final guarantee maximum price does not exceed $75 million. Now, Mr. Chairman and our new members, half of this resolution was supposed to be on the first meeting in November and we deferred this, and at the time there was the discussion about the pricing. Historically, as a Commissioner -- and Commissioner Sarnoff was here -- we were told by the Administration that the Marlins garage, which the City has to build, would not be more than $94 million. That's it, $94 million. And since I'm trained to remember quotes, I remember the Chairman saying, "Mr. Manager, if you are on the fourth floor and your $94 million are gone, then there is no roof " and the Manager said, "Yes. We'll stop there." So it was a -- it was common knowledge that this will cost $94 million. After -- on the last meeting of October, we discussed the bonding for this project and it was approved. The Administration requested $135 million. Chairman, then Commissioner Sarnoff, brought it down to $120 million, and it was approved. The Aministration had the authority -- You don't have to read all that just now. Vice Chair Carollo: Yeah. That was my question. Do I need to read all this now? Mayor Regalado: No. No, you don't. I'll try to explain it. But anyway, the resolution that was approved -- and I did not vote for -- was $120 million in bonds to finance the Marlins garage in the Orange Bowl site. And -- so after the election and after we deferred that half of this resolution, the company that was chosen by the selection committee, Suffolk, came to us and through hours and hours of discussion, they have committed to an at -risk price of $75 million. I would like, if you allow me, to read in the record the letter -- the last letter that was sent to us January 7, and it says Dear Mayor Regalado, as a direct result of further conversation regarding the above -referenced project, Suffolk Cnstruction is willing to commit to a guarantee maximum price, GMP, in the amount of $75 million. This GMP will not increase, with the exception of unforeseen conditions, any changes to the plans as they relate to Code issues after the payment has been issued and/or owner -initiated changes in the scope of the work. The owner is, of course, the City of Miami. These are work items that are typically covered by an owner's contingency. And then they go on by saying, our efforts during the construction period to arrive at a final GMP will completely open book and transparent. We will work with the City staff and project manager to achieve an end result, which will exceed your expectations. Our final GMP will be based on the final drawings issued by Leo O. [sic] Daly, and under no circumstances will the cost exceed $75 million. Additionally, Suffolk is committed to meet and exceed the CSBE (Community Small Business Enterprise) and CWP goals that were established at the initial request for proposal for this project, and we will meet all the conditions required by the contract. This is the local preference and the local construction. As you know -- you were briefed on this -- Suffolk will bid out, I think it says, 92 percent of the project. Suffolk was recommended for award due to their team approach to the project and their qualifications building garage. Suffolk has committed to bid 92 percent of the construction value with City input for subcontractors, and I believe that just by deferring that item at that time with the support of the Commission and by talking to them, that we have saved $19 million in this project. Now, the bonding is the other good news. Although you all -- you and me -- authorized $120 million, we believe that the bonding capacity to pay for the project will probably not exceed 91 to $92 million, and that is multiplying savings for the City because, you know, we all know that the bonding in 30 years, it multiplies itself. So I am recommending that you consider SP. 1, and I think that we have -- Do we have --? Lucia Dougherty: Good afternoon. Chair Sarnoff We're not having a zoning change. City ofMiami Page 3 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Ms. Dougherty: Good morning, Mr. Chairman. Chair Sarnoff We're not having a zoning change, are we? Ms. Dougherty: No. Chair Sarnoff No, okay. Ms. Dougherty: And members of the Commission. Mr. Mayor, thank you very much. Alex Heckler is here with me. He's my cocounsel, and well as Juan Diaz, who is the general counsel for Suffolk is here in the audience, as well as Tim Sterling, who's the vice president and project manager. We want to thank very much the Mayor and the Manager and their staffs for working very diligently with us for the most cost-effective delivery of this construction services. There're certain things that they've put in this contract which I think would protect the City. One is if you don't bond it, you get out of the contract. You have also a termination for convenience. And the last thing is that you have a adjustment built into your contract. So as we bid this out, if the -- after the subcontracts are bid out and it comes in at less than $95 million, the maximum guaranteed price is adjusted downward automatic -- Mayor Regalado: Seventy-five. Ms. Dougherty: Excuse me. Seventy-five million dollars -- Mayor Regalado: Do not use 95. Ms. Dougherty: -- is adjusted downward from that amount automatically in your contract. So I think the City is very well protected. I think their -- your staff and the City Attorney and the City Manager has done a great job. Chair Sarnoff As part of the briefing I received, I was told that your client had agreed there would be no walk away in the event -- let me just get my notes. You amend the agreement to guarantee the GMP as opposed to a walk -away pre -construction. Have you agreed to that? Ms. Dougherty: I'm going to have to ask Tim to respond to that 'cause I wasn't in that negotiation. Tim Sterling: Good morning. My name is Tim Sterling. I'm the vice president of Suffolk Construction, office at 80 Southwest 8th Street, here in the City of Miami. To respond to your question is yes. The pre -construction is necessary to set the project up properly for construction. So we view the project as one project, and we don't view the pre -construction as an opportunity for us to walk away. We're committed to the City to deliver the entire project. Chair Sarnoff So the contract does not allow you and afford you the option of walking away? Mr. Sterling: That's correct. The contract really is for pre -construction and construction services, and in the event the City's unable to produce the funding to support the project, at that time the City can cancel it at their convenience. But -- Chair Sarnoff Thank you. Mr. Sterling: Yes. Vice Chair Carollo: But -- I'm sorry. Mr. Chairman. At that time, should we not be able to obtain the funding, what happens to the 168,000? We lose that? City ofMiami Page 4 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Mr. Sterling: That funding -- I believe in the resolution -- Vice Chair Carollo: Will be lost? Mr. Sterling: -- is funding that's already available, so those funds would be paid for services rendered. Vice Chair Carollo: So, in other words, should we not be able to obtain the funding, then we lose the 168,000? Mr. Sterling: Correct, the funding for the construction. Correct. Mayor Regalado: The point is -- well, the problem is that by contract, like you said, we have to build the garage. We could do probably a marathon and raise the money or get the Chinese to lend the money. But what I believe is important, two things. Number one, they're not allowed to walk away. Number two, we have letter and now hopefully on the record from the company that this will not exceed, at no way, $75 million, and the bonding. If I can ask Larry to come. Because I think it's important that the bonding -- because $120 million, you could sell it, but you will have the brunt of the interest on the City of Miami for many years. And if we reduce to 92, I think with insurance -- and insure is very important -- if we reduce that at 92, not only we have saved $19 million in the construction to the people of Miami, but also I would say more than 40 or $50 million in the long run in bonding. So Larry, if you -- Larry Spring: Good morning, Commissioners. Larry Spring, chief financial officer. The Mayor is correct, we have done reruns of our bonding model with our financial advisers, based on the new costs, based on the reductions that we've received through this process, and our estimate of interest costs, the blended interest costs, taxable and tax-exempt, which is about 5.73, 5.74. We should be able to bond our par amount. The cap that you provided would go from 120 to like 92 million. Now, the 92 million is a fully insured deal, i.e., we go out and we acquire bond insurance and for that debt service reserve, a surety bond to cover that. We have already received bids for the surety bond. That was a $10 million of debt service reserve. I see you look a little confused. Chair Sarnoff Why does that have to be bonded? Why would you need --? Mr. Spring: It's not bonded. It's -- we're going to get a surety bond to cover that. Otherwise, we would have to have $10 million in cash sitting in a reserve for the length of the bond deal that's included in the par -- Chair Sarnoff You're speaking about the amount that we have to shoulder for a period of time until we get the parking revenues fi^om the Marlins, correct? Mr. Spring: No. I'm talking about an amount that would have to sit for the entire amortization of the bond until the last payment as part of the structure. We're -- Chair Sarnoff I'm not understanding. Mr. Spring: In the structure that I presented to you before, there was an approximate $10 million debt service reserve that was included in the 120 million. Well, that 10 million has to sit in a reserve account for 30 years until we get ready to make our last bond payment. It's almost like first and last deposit on an apartment, if you will, the last month's deposit. So the way the deal was structured, uninsured, we would have to have that cash sitting there. We have received some preliminary bids from the only insurance company that's left to possibly provide that insurance, and that will save us having to set aside that 10 million, thus reducing our par amount from the 120 all the way down to the 92. But again, all of that is subject to timing, the City ofMiami Page 5 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 final bid when we get ready to go to market. But the Mayor's right, we have been -- we've made a huge change from what we were authorized to where we are today. Mayor Regalado: And I -- so I think it's important, the savings. There is -- I asked the City Attorney some time ago when we were talking about this, can we get out of the contract. No. It's not possible. And it's a contract, and we have to respect the contract, and it's part of the City's role in the new Orange Bowl, so might as well save money. Chair Sarnoff And I hope you wax so eloquently when you go in front of the County Commission when we talk about the global agreement so they under -- Mayor Regalado: I have to -- if you allow me, I have an item in the page that I want to say to you and it's important, I think. But I do -- yes, Mr. Chairman, I -- we have to go before the County Commission about the global agreement, which includes the Marlins Stadium, of course, but this is an item for your consideration that we're bringing to you today. We believe that it's great savings for the people of Miami, and we believe that it's the right thing, and we want to thank all the people that worked for so many hours working on this. I got to understand construction and hard costs and soft costs and all that during all these hours. So I would recommend and I'm sure that the Manager -- Mr. Hernandez: If you allow me one quick minute. And first of all, I want to thank the Mayor for his personal involvement in a project of such significance. I've been involved in it from the beginning. This is a competitive process that Suffolk went through. Eleven firms participated. It was competitive. It was clean. And I think that the City is receiving a very good value that I can support. I think that we have the firm that has the local experience that can work in the tight space that we have out there to deliver this project. This is a very large project, but it's simple as far as the structural components. That's what I feel that Suffolk, Mr. Sterling, whom I met with yesterday, was telling me that the -- their ability to be able to have a GMP at this early stage was the simplicity of the structural project itself, even though it's very large, and that he felt that he could do it at this time and deliver a project without sacrificing quality. And I wanted to put that on the record based on our conversation. And I would like to ask Mr. Sterling to also place a statement on the record -- because I know that ftom the beginning his proposal has emphasized the support of the local business and community workforce. And I would like to -- you know, for you to put a statement on the record on that, butt wanted to tell the Chairman and the Commissioners that, personally, I think that this is a very good value for the City. Mr. Sterling: Thank you, Mr. Manager. Relative to employing the local Miami folks, when we set out to compete for this project, several firms partnered themselves with other construction firms. We took a completely different approach. When we read the RFP (Request for Proposals) for the project, we wanted to team ourselves with the very best people relative to getting community involvement, so we picked MCO Construction and MAGBE Consulting Group, who are really the experts in that field. So in teaming with them, we're very confident that we can achieve the goals that have been set aside for us relative to CSBE and CWP involvement. And I feel very strongly that we'll be able to exceed the minimum requirements that have been set forth. Chair Sarnoff Thank you. Let's bring it back to the Commission. We'll take a motion, and then we'll open up a public hearing. Commissioner Suarez: I'll make the motion, and I'll bring it back for discussion, please. Vice Chair Carollo: Second for discussion. Chair Sarnoff All right. Let's open up a public hearing in case we hear something that may prompt a response fi^om a Commissioner. Public hearing on this issue is now open. Public hearing is now closed, coming back to the Commission. Commissioner Suarez, you're City ofMiami Page 6 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 recognized for the record. Commissioner Suarez: Thank you, Chairman. I want to commend, first and foremost, the Mayor and the bidding company, Suffolk, for working hard, and I understand, if I'm not mistaken, that you've been working to get to this point for free, so we've had the benefit of your -- You can comment. You can answer that. Mr. Sterling: Yes. That is true. Once we were awarded, we had the elections and things have been delayed, but recognizing the importance of putting forth a pre -construction effort, we've been diligently working on this project from the time that we were recommended for it. Commissioner Suarez: We welcome any other free work, by the way, here at the City of Miami, so -- we'll be looking for it, too, in the future. Thank you. I just have one question for the City Attorney, and it's in relation to commending you on reducing the price from the 95 -- original 95 million to 75 million at -risk, which I think the Mayor explained what that concept means, at -risk, meaning that it will be guaranteed at that price and not go a penny beyond. My question is, have you --? Is there anything that -- the reductions in the costs, will that --? Have you examined those reductions and in this agreement that we're going to pass potentially that would cause any problems with any of our partners in this deal? Julie O. Bru (City Attorney): Those financial obligations is something that management can speak to. I -- Then I don't understand the question. Commissioner Suarez: I'm sorry. It's contractual obligations. In other words, we have contractual obligations. Ms. Bru: Right. Commissioner Suarez: We're a partner with other entities, the County, the Marlins, the City of Miami. This is something that we are doing conjoined with them. My question is, in this guaranteed maximum price contract that we were just given right now on the dais, have you read it in conjunction with those other agreements, those prior agreements to make sure that in approving this, we're not violating any other prior agreements, is my question? Ms. Bru: I see what you're asking. Yes, we have. We have. Commissioner Suarez: Thank you. That's all I wanted to know. Thank you. Chair Sarnoff All right. Commissioner Carollo. Vice Chair Carollo: Actually, that was my second question, which Commissioner Suarez just asked. My first question and I guess now will be the only question, which, by the way -- I mean, I commend the Mayor and everyone who dealt with -- you know, in the contractual and came up with the lowered amount. But my question is, from 94, 93 to 75, is there a reduction in spaces? Is there a re --? You know, how did it go from 93 to 75? Is there any reductions or any --? And I know, Mr. Manager, you mentioned quality, which is extremely important. So -- Mr. Hernandez: Right. Vice Chair Carollo: -- I just want to make sure that no corners were cut in the reduction. Mr. Hernandez: Allow me, Commissioner. First of all, I think that we were very careful in not moving from the $94 million like on a monthly basis depending on the economy. We had the 94 million some time back. And at that time, I remember being criticized because my number was too low. As things turned with the economy, the number became high rather than low. I think City ofMiami Page 7 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 that one of the silver linings in the economic slowdown has been that construction is much, much cheaper, plus the fact that our designing team has been working on it for a number of months, and by the time that we considered the award or selected Suffolk, they were able to work on their own with the architect, became familiarized with the plans to the point that they felt comfortable in providing a GMP of 75 million, a not to exceed amount of 75 million. So that's how we got to that figure. There is no reduction in quality of the project. Our commitment to the County is to deliver the parking garages, to deliver a certain number of spaces. And by the way, the number of spaces has changed, but not because we're cutting corners or cutting price. It has changed because of configuration, design requests from the Team and the County, whether it's angled, whether it's perpendicular, whether the width of the space should be eight and a half or nine feet wide, issues that are not related to the quality of the project. When I met with him yesterday, I brought exactly that up. This is -- the 75 is not as a result of cutting corners and it's not as a result of reducing quality. It's because we have a set of plans that is advanced. It's because of the cost of construction being less that gave them the level of comfort to provide that GMP. Mr. Sterling, if you want to add anything to it? Mr. Sterling: I would echo the Manager's comments. It's my understanding the $94 million was an estimate that was done either by the City or one of their consultants some time ago before we started the process. In the market -- as a result of the financial decrease in that market, the construction market has now become much more competitive so that there are less projects that all of us compete for. That drives the cost down relative to labor and fees that we're able to demand in our sector. So what the City Manager said is exactly right. We have estimated the project based on the Leo A. Daly drawings. As they exist today, they're about 75 percent complete, and that is complete enough for us to feel very confident in committing to the City on a GMP project. Vice Chair Carollo: Thank you. I appreciate that 'cause, again, I just want to make sure the -- you know, the reduction in price sounds, you know, great. I just want to make sure that we're not cutting corners or I vote on something that, in the future, could come back to haunt us. So, you know, again, I commend the negotiating team. And I do just want to follow up on the question that Commissioner Suarez had. By this reduction, again, we are not going to be in any future contractual, I don't know, disagreement with the County or any of our other partners? Ms. Bru: Commissioner, under this contract, we're agreeing to build what we promised the County and the Marlins that we would build. The size, the time, the cost, everything is in compliance with those agreements. And we did work with a team of attorneys that were involved in negotiating those Marlins agreements to make sure that these were in compliance. Vice Chair Carollo: That's all I needed to hear. Thank you. Chair Sarnoff You know, it's interesting. I can't say that I'd ever thought I'd be a chairman of the City Commission and you'd be the Mayor, and we'd be discussing a Marlins contract. Mayor Regalado: Two votes. Chair Sarnoff Right. And there'd be a certain irony here. As the Mayor and I have talked on many, many times, a contract is a contract. It is both an ethical, a moral, and a legal obligation. It is an ethical, moral, and legal obligation that I intend to fulfill, I know the Mayor intends to fulfill, and this City Commission should intend to fulfill. The day of conversation and issues regarding this project were discussed, vetted, and unfortunately, were over, and now is the time for everybody to be a cheerleader and to support this project regardless of your previous beliefs, thoughts, and concerns, and trust me, I think the Mayor and I had an ample amount of those. Each of us take this job upon the shoulders of our previous Commissioners and our previous Commission, so I'd like to see us move on with this project. I'd like to see as much participation by the community as possible, and I hope opening day is as beautiful as it was alleged to have City ofMiami Page 8 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 SP.2 09-01458 Department of Capital Improvements Program been to us when it was first brought to us, and each one of us now are a cheerleader for the Marlins and this project. So I think we had a motion, Madam Clerk. Priscilla A. Thompson (City Clerk): That is correct. Chair Sarnoff Did I open up a public hearing on this? Ms. Thompson: Yes, you did. Chair Sarnoff Okay. So a motion and a second. All in favor, please say "aye. The Commission (Collectively): Aye. Ms. Bru: Mr. Chairman, just for the record. I just want to put on the record that there were just some -- a couple of revisions to the document that was part of the printed agenda, so the item is being adopted as amended. Chair Sarnoff As amended. Ms. Bru: And let me just go through them. They're very minor. There is a "whereas" that was added that incorporates what was stated by the Mayor and the representative of the company on the record about the guarantee and the fact that they will not walk away. The letter that the Mayor read, we will incorporate that into this legislative package and make it part of the record so that the guaranteed maximum price is what they are stating it's going to be, but for the exception would be unforeseen conditions, changes to plans as they relate to Code issues, or owner -initiated changes in the scope of work. That will become part of the contract. And then there were several revisions to the contract that would incorporate the concept of the guaranteed maximum price and the price that has been agreed to. Thank you. Chair Sarnoff As amended, Madam Clerk? Ms. Thompson: That's what we'll record. Thank you. Chair Sarnoff Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ADD UP TO SIX (6) ADDITIONAL STAFF POSITIONS TO THE TABLE OF ORGANIZATION AND THE BUDGET OF THE DEPARTMENT OF CAPITAL IMPROVEMENTS, ON AN AS -NEEDED BASIS, SUBJECT TO THE AVAILABILITY OF FUNDS. 09-01458 Legislation.pdf 09-01458 Summary Form.pdf 09-01458 Memo.pdf 09-01458 Positions.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Direction by Vice Chair Carollo to the City Manager to provide (prior to the Commission meeting currently scheduled for February 11, 2010) a report stating whether there are City employees who are available and capable to fulfill the duties and responsibilities as project City ofMiami Page 9 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 manager for various projects within the Department of Capital Improvements, i.e., the Marlins Stadium Parking, Museum Park, Gibson Park, Street Bond and stimulus -related projects. Direction by Chair Sarnoff to the Administration to provide a report detailing the number of inspections performed for construction projects versus what's statutorily required. Chair Sarnoff All right, Mr. Mayor, your leisure. Mayor Tomas Regalado: Thank you. The -- SP (Supplemental) -- well, SP.4 is your item, Mr. Chairman, so I will leave it to you. SP.2, supplemental 2 -- Chair Sarnoff SP.2. Mayor Regalado: -- it's a resolution of the City of Miami Commission authorizing the City Manager to add up to six additional staff positions to the table of organization and the budget of the Department of Capital Improvement [sic], and on as -needed basis, subject to availability of funds. I have told the Manager that some of you are uncomfortable with this item, so -- and he doesn't have a problem withdrawing the item or -- Pedro G. Hernandez (City Manager): Deferring it. Mayor, we'll be okay with deferring the item. Chair Sarnoff Are you planning on deferring that to the 28th, just 'cause the 28th agenda looks like a mega agenda? Mr. Hernandez: Maybe, I would say, continue it until the first meeting in February because we understand the volume that we already have on that agenda. Chair Sarnoff Okay. Mr. Hernandez: But these are positions that are related basically to the stadium and parking garages at the Orange Bowl site, and also the recently sold street bonds that would require additional project management positions. But we can defer the item, provide more information to you and come back in the first meeting in February. Chair Sarnoff All right. Can we get a motion? Vice Chair Carollo: I'll make a motion, even though I -- once again, as you're concerned of constantly deferring things, I was ready to, you know, start discussing this at this meeting. And yes, I will defer. However, I do have one question, just -- I just -- Mayor Regalado: Mr. Vice Chairman, if I may. I think it's important that the Administration gets the message that you all want to send, so if you want to discuss that and if the Chairman is okay, I think it's important. Because, you know, the item is going to come back as it is, and then we're going to have the same discussion that we could have now, but if you send the message, it will be heard loud and clear. And -- Vice Chair Carollo: Well, here's the thing, Mr. Mayor. I mean -- and we all, I believe, truly believe operate here in good faith, okay, so with that said, I just don't want any excuses later on that we don't have the information or so forth and so on, you know. So that's why I'm leaning, yes, let's defer it. However, I mean, you know, I'm ready to discuss some of the -- this item. I mean, for instance, one simple question. Do we have staff employees of the City of Miami that can actually do some of this work? Do we need to --? Is this special consultants? Is this --? You know, what are these positions? City ofMiami Page 10 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Mr. Hernandez: No. Commissioner, this would be either -- these are technical positions, individuals that are either architects and/or engineers to provide project management on all the construction activities related to the parking garages and related to projects that are street bonds improvements, and they would be, I would say, approved or used on an as -needed basis, and they would be funded by the projects themselves with no impact on the general fund. Vice Chair Carollo: The projects, I believe, is the Marlins Stadium, Museum Park, Gibson Park, street bond. Is that correct? No? Ola Aluko: The Marlins Stadium is correct, Mr. Commissioner. Ola Aluko, director of Capital Improvements. The Marlins Stadium is correct; however, not Gibson Park. This will be for the street bond projects, roadway projects. Vice Chair Carollo: It clearly states here that these projects include but are not limited to the Marlins Stadium, Museum Park, Gibson Park, street bond -related projects, and stimulus -related projects. So you're saying that Gibson Park that's written here is incorrect? Mr. Aluko: That is correct. From the time of print, we have reorganized our staffing for Gibson Park. That eventually -- if the item goes on today, that will be taken on by the design -build contractor. Vice Chair Carollo: And are these positions going to be employees of the City of Miami? Are they going to be independent contractors? Mr. Aluko: The terminology, I will have to defer that to the HR (Human Resources) director. However, these will be employees who'll be -- these will be staff who will be hired strictly for that project. Once the project is completed, their employment also terminates. Vice Chair Carollo: So are they independent contractors or are they employees of the City of Miami? And it's important because do -- are we just going to issue a 1099 and their monies, or are we going to be -- Chair Sarnoff Responsible. Vice Chair Carollo: -- responsible and liable for their benefits, pension possibly and so forth? Mr. Aluko: No, not at all. This is strictly as -- on a contractual base -- I mean, on a contract basis. Again, once the project is over with, they also are terminated, their employment is terminated. And the reason why I said I will defer to the ER (Employee Relations) director for the terminology, I'm not certain what terminology they will use for such employee. Vice Chair Carollo: It seems like they're going to be independent contractors. Now if that's the case, you know that there are certain requirements and so forth, like, in other words, if they are independent contractors, we really cannot set their hours or dictate what they have to do or not do and so forth. Do you understand the difference? Mr. Aluko: That will be worked out with the Employee Relations Department, Commissioner. Vice Chair Carollo: When you -- Mr. Hernandez: Commissioner, ifI may. Let me add to that. Vice Chair Carollo: Sure. Mr. Hernandez: These are employees at will. These are employees that will not be permanent City ofMiami Page 11 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 employees, that will not be vested for pension or anything of those expenses. Chair Sarnoff Mr. Manager, I think what Commissioner Carollo is trying to say -- maybe it comes better from a lawyer sometimes than an accountant. Vice Chair Carollo: By all means. Chair Sarnoff If you set their discipline, if you set a schedule, if you tell them in any way, shape, or manner, direct them how to do something, they are your punitive employee, and they will be then entitled to all the emoluments of any other employee in the City of Miami. So unless you're about to hire people who are objectively and subjectively independent in their evaluations and you do not have the capacity to discipline them, then they're independent contractors. Mr. Hernandez: Well, the way I see it, Mr. Chairman, is that they will be exempt employees, not part of the classified service. And those are employees at will that I can let go from one day to the next. Vice Chair Carollo: Another question. You said they are architectures [sic] and so forth. Listen, I know we have various project managers and so forth in the City of Miami and in our employees. I don't know all of them. I haven't reviewed the -- but are there employees --? And I see -- right now I see the president of one of the unions. Maybe he could come up and address this. Do we have employees that can actually do this type of work already? I mean, is there a reason why we need to go outside of the employees of the City of Miami? Mr. Aluko: Mr. Commissioner, I will speak to the technical experience needed for these positions. For instance, on the Marlins garage, we need construction managers who are savvy in such complex project management. These aren't just employees who -- and this is no disrespect to any -- Vice Chair Carollo: I understand. Mr. Aluko: -- City employee. These aren't employee who are normally in an office who may review plans or who may direct an architect per se. These are employees who are actually probably former contractors who have knowledge of construction, who can actually oversee a contractor in their day-to-day activities. These are the employees that will be assigned to the construction of the Marlins garage. As for the staff that will be in-house under my direct purview, we're looking at at least two engineers, preferably professional engineers who can oversee a consultant who will design roadway drainage, traffic circles, swales. This employee also has to have the capability of such design. That way, when he reviews the consultant's drawings, he will -- it will be -- he will be certain that what the consultant is providing to us is accurate. That way, we don't waste time and additional funds. I'm not certain if we have those in other departments within the City, and I cannot speak to that right now. Vice Chair Carollo: Before saying that you are not certain, shouldn't we be certain before coming before us and asking for this? And do we need six of them? Mr. Aluko: Three have been allocated for the garage. CIP (Capital Improvements Program), as we speak, will need at least two. The only reason why we have one, in the event we have additional workload that we may need. As the Manager mentioned earlier, these employees will be hired only as an at -need basis. It doesn't necessarily mean that once this item is passed, I'll go out and hire all three. Only on an at -need basis. And as I stand here before you, I am in desperate need of two engineers, preferably professional engineers, to carry out the $65 million bond issuance that was sold back in December. IfI do not have this staff I will not be able to produce drawings which eventually go into construction, and then we face additional problems down the line with (UNINTELLIGIBLE). So -- again, going back -- go ahead. City ofMiami Page 12 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Vice Chair Carollo: No. I was just going to mention, so you need two, not necessarily six. But you're asking for six. And again, my question was, do we have any employees in the City of Miami that could actually do these jobs. And your answer was `I'm not certain." I -- Mr. Hernandez: Commissioner, let me address that point. We do have the classifications in our City workforce of architects, engineers, et cetera, but we don't have anyone who is free that we can reassign to these projects. Chair Sarnoff So -- I apologize. Vice Chair Carollo: Go ahead. Chair Sarnoff So what you're saying is every City employee is working at maximum capacity right now? Mr. Hernandez: Not exactly, sir. Chair Sarnoff I didn't think you did. Mr. Hernandez: What I said is that the classification that I need for these projects, architects, engineers, I don't have the abundance of individuals that can do the work that Ola requires to be done. Chair Sarnoff When's the last time, Mr. Manager, you've done an analysis of your CIP Department, your Public Works Department, and just determined the efficiencies of running them independently? Have you done that analysis? Mr. Hernandez: I would say, Commissioner, it would be this last summer when -- Chair Sarnoff And you've deter -- Mr. Hernandez: -- we went through both departments and we eliminated a number of positions out of each department. And I know that Ola in CIP had vacancies that would have allowed for the positions that he needs now. However, at that time we decided to eliminate everything and cut back on everything, which is now causing us to come before you to ask for those positions to be added to the TO. Chair Sarnoff So, what you're saying is, before the summer -- and I'm just going to -- I have no idea whether these numbers are right -- you had 25 employees. You decided to go to 20 employees, and now you need to go back to 25 employees? Mr. Hernandez: Well, as a matter of course at that time, we determined that every vacancy was going to be eliminated and we did. And we hit those four or five that he had, which now creates the need because of the street bonds and because of the parking garage that we need to have the ability to fill those positions. Chair Sarnoff Okay. Vice Chair Carollo: All right. Chair Sarnoff All right. So I think -- Is there going to be a motion to defer to the February -- was it February --? We have the motion, Madam Clerk? Priscilla A. Thompson (City Clerk): We have a mover. City ofMiami Page 13 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Chair Sarnoff We need a seconder. Ms. Thompson: Vice Chair -- that's correct. Commissioner Suarez: I'll second the motion to defer. I didn't make the motion. Chair Sarnoff All right. Any further discussion, gentlemen? All in favor, please say "aye. The Commission (Collectively): Aye. Vice Chair Carollo: And I'm sorry. Before we get off of this item, I just want to make sure that we have either some type of report or somehow know that either there are or there are not employees in the City that could actually do the work, their availability and so forth. I would like, if possible, some type of report or so forth. And I see the president of the union there, Mr. Charlie Cox. I don't know if he wants to say anything. And again, Mr. Sarnoff, with all due respect. I don't want to -- Mayor Regalado: Mr. Chairman, ifI may. I think that before you hear this item again, I will ask the Manager and I will meet with him, and give you position by position who does what at CIP and at Public Works because I think it's important. Because anyways, it's better to deal with this in February instead of September when we have the budget hearings. Chair Sarnoff No. I -- Mr. Mayor, let me -- can we also ask the Manager and Ola to provide -- for instance -- and I guess I have a little bit of construction expertise in litigation. Let's say we have a pour, a concrete pour, Mr. Manager, and we have some structural steel in there. The City is going to inspect it. The County is going to inspect it. Your project manager is going to inspect. The contractor is going to inspect it. I want to see how many people inspect it and why it is we need 11 and 12 inspections when maybe, statutorily, all we need are 4. You understand what I'm asking for? Mr. Hernandez: Yes, I do. Chair Sarnoff Same thing with plumbing, same thing with electrical -- Mr. Hernandez: Yes. Chair Sarnoff -- same thing with -- and I'm not trying to be unsafe. I just want to see how many times a person with a heartbeat actually inspects a concrete pour -- and I'm using that for instance, so you can tell me, Commissioner, even though statutorily we're only required to have four inspections, we decided to have twelve. Mr. Hernandez: I'll provide that information. Chair Sarnoff Thank you. Mayor Regalado: And if I may. I think that it's important that we also get, Mr. Manager, a report on the inspection on the stadium itself because -- Chair Sarnoff The various levels. Mayor Regalado: -- there're various levels, and I understand that Fire has been frying to do an inspection in the site and they have had difficulties there. Mr. Hernandez: I'll provide that information. City ofMiami Page 14 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Vice Chair Carollo: And Mr. Mayor, the stadium actually is going to be constructed in my district. I just want to say that, you know, through the Manager and so forth, I'm going to reach out to the Marlins and see ifI get a site visit and so forth, and start obtaining some of this information, really getting involved to see, you know, that everything is marching accordingly, and that any issues that you may have, you could definitely, you know, address them to me and I could start, you know, being a lot more active, so to speak, with the construction process, if that's possible. Mr. Hernandez: Commissioner, we do appreciate that support. And if you so desire, we can even reach out and ask for the tour and the briefing and so forth. Thank you. Vice Chair Carollo: Thank you. Chair Sarnoff All right. SP.3 10-00042 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH MIAMI-DADE COUNTY, TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES TO ENSURE PUBLIC SAFETY AND ADEQUATELY RESPOND TO INTENSIVE SITUATIONS, INCLUDING, BUT NOT LIMITED TO NATURAL AND MANMADE DISASTERS OR EMERGENCIES AS DEFINED IN PART 1, CHAPTER 23, FLORIDA STATUTES. 10-00042 Legislation.pdf 10-00042 Exhibit.pdf 10-00042 Summary Form.pdf 10-00042 Letter.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-10-0002 Chair Sarnoff Okay. All right. Let's go now to the SPs (Supplemental). I am correct, Madam Clerk, that I do not need to go to the SS (Specially Scheduled) and SS. ls, correct? Oh, I did that. I'm sorry. I do not need to go to -- Priscilla A. Thompson (City Clerk): No. We finished -- Chair Sarnoff RE.10 is not -- there's no time requirement. Ms. Thompson: Right. We finished -- Chair Sarnoff I can release now the interpreter, right? Ms. Thompson: Yes. That's right. Chair Sarnoff Okay. All right. Let's go to now the SP -- go to the supplemental agenda. Mr. Mayor, you're recognized for the record. City ofMiami Page 15 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Mayor Tomas Regalado: Thank you very much, Mr. Chairman, Vice Chairman, Commissioner Suarez. I do have also the Mayor's page. You want to do that after? Chair Sarnoff We'll do that right after this. Mayor Regalado: Okay, good. Thank you very much. The supplemental agenda, for the people that are watching, the people here, it's something that is printed when the regular agenda had already been printed, and so -- but it gives also the timing for the agenda to be made public. And there are four items on the supplemental agenda. One item, it was requested by the Police Department, SP.3. It's a resolution of the City of Miami Commission authorizing the City Manager to execute a mutual aid agreement -- Ms. Thompson: Excuse me. I'm sorry, Chair. I just want to make sure that we update the plasma. Are we on SP.1 ? Chair Sarnoff Apparently, the Mayor -- Mayor Regalado: No, we're SP.3. Ms. Thompson: Thank you. Chair Sarnoff We'll give the -- we'll let the Mayor have his privilege in presenting his SPs in the order he wishes. So we're on SP.3. Ms. Thompson: Thank you. Mayor Regalado: SP.3. And -- well, the reason -- because I think this is an easy one. But we have Chief Esposito here. And the reason is that this mutual agreement with Miami -Dade County had already been approved, but has not been brought to the City Commission, and they do need that, actually, for several reasons. And the chief is here to explain and Major Caceres, if you want to listen to them, but one reason I believe is that we work together with the County in District 4 in -- by the Palmetto with the laborers that cross the street, and that's one of the reasons. Major Steven Caceres (Police): Thank you, Mr. Mayor. Steve Caceres, City of Miami, on behalf of the chief. We do have this agreement. It's a five-year agreement. We -- it's a continued agreement. We also have the Super Bowl corning. We have a lot of events in the City, and this is important for us to have this mutual aid to be able to have other resources to ensure public safety. Chair Sarnoff Okay. Is there a motion? Vice Chair Carollo: So move. Commissioner Suarez: Second. Chair Sarnoff All right. Any discussion, gentlemen? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. SP.4 10-00034 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RELATING TO THE PROPERTY LOCATED AT City ofMiami Page 16 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 1814 BRICKELL AVENUE, MIAMI, FLORIDA (THE "BRICKELL PROPERTY"), AUTHORIZING THE CITY MANAGER TO PURCHASE THE BRICKELL PROPERTY BY ASSUMING THE BUYER'S RIGHTS UNDER THE COMMERCIAL CONTRACT ATTACHED AS EXHIBIT "1", THEREBY SUBSTITUTING THE ATTACHED EXHIBIT "1" FOR THE COMMERCIAL CONTRACT THE CITY MANAGER WAS AUTHORIZED TO ASSUME BY RESOLUTION NO. 09-0504, ADOPTED OCTOBER 22, 2009; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL AGREEMENTS RELATING THERETO, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE PAYMENT OF ALL FUNDS NECESSARY TO CONSUMMATE THE PURCHASE, INCLUDING, BUT NOT LIMITED TO, THE PURCHASE PRICE, CLOSING COSTS, COSTS RELATING TO THE IMPLEMENTATION OF A COVENANT WITH THE FLORIDA DEPARTMENT OF STATE RELATIVE TO THE PRESERVATION OF UNMARKED HUMAN REMAINS ON THE BRICKELL PROPERTY, AND COSTS INCURRED AND TO BE INCURRED FOR PROFESSIONAL ARCHEOLOGICAL SERVICES PERFORMED AND TO BE PERFORMED ON THE PROPERTY, FROM NON -GENERAL FUNDS; FINDING AND DETERMINING THAT ONE OF THE CITYWIDE PARKING PROJECTS ON THE ORIGINAL PROJECT LISTS FOR THE CITY'S SUNSHINE STATE LOAN POOL FINANCINGS DOES NOT REQUIRE THOSE LOAN FUNDS DUE TO NEGOTIATIONS WHICH HAVE RESULTED IN THE LESSEE FINANCING THE BUILDING OF THAT PARKING FACILITY; FINDING AND DETERMINING THAT THE PROJECT LISTS FOR THE CITY'S SUNSHINE STATE LOAN POOL FINANCINGS FOR PARKS AND RECREATION PROJECTS SHALL BE AMENDED TO ADD A NEW CITY PARK TO BE LOCATED AT THE BRICKELL PROPERTY; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, WITH APPROVAL OF THE CITY ATTORNEY, ALL NECESSARY DOCUMENTS IN ORDER TO AMEND THE PROJECT LISTS FOR THE CITY'S SUNSHINE STATE LOAN POOL LOAN AGREEMENTS. 10-00034 Legislation.pdf 10-00034-Exhibit-SUB.pdf 10-00034 Summary Form.pdf Motion by Chair Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-1 0-0004 Chair Sarnoff All right, SP.4. Lucia Dougherty: Thank you very much. Mayor Tomas Regalado: Mr. Chairman, SP.4 is your item, but I'm here to say that I'm in support of that. City ofMiami Page 17 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Chair Sarnoff To my other Commissioners, finally the district and more importantly, the province, the place, the locale that has incurred more building in the City of Miami than any place -- I could probably argue in the United States, but I'll just keep it to Miami -- Brickell is receiving a park at 1814 Brickell. For those of you who don't know where this is, it is at -- I always say the Presbyterian church and I hope I'm correct. Is that right? Unidentified Speaker: I think it's the Lutheran. Chair Sarnoff Which one? Unidentified Speaker: I think it's the Lutheran. Chair Sarnoff Lutheran church. Madeline Valdes (Acting Director, Public Facilities): The Lutheran church. Chair Sarnoff I apologize. To all the Lutherans, I apologize. And to the Presbyterians, I don't know if I need to apologize. But right next to the church on Brickell; it's at 1814. It is approximately an acre or a little bit larger than an acre of land. It is an excellent siting and situation for a park. The funding for this was previously approved by the former Commission. I want to take my hat off to a couple of people. Tibor Hollo and his entire family for the help in the negotiation. And so that you know, Mr. Hollo's foundation, along with Sheila Hollo, are donating $250, 000 for the reduction price of this particular park. Jerry Hollo was instrumental in ensuring this park was available to us. And one person out there that has gone pretty nameless, which is Jay Solowsky, has been I consider part of the glue to keep this thing together as this thing started emerging approximately six or seven months ago. And for everybody out there that was wondering why Villa Magna was not happening, for almost a year we'd been in conversation with frying to procure and obtain a permanent park for Brickell. Brickell has incurred more high-rise buildings than anywhere, as I said before, and they have received nothing in return for public space, and that is a shame and that is unfair. And today, at this moment in time, this Commission has an opportunity to right a very wrong in the City of Miami, and that is to return a substantial amount of impact fee park dollars that should have been directed to where the impact was felt as opposed to treating the city as a district -wide city, and I think this City Commission needs to address that because we are not a self -taxing entity, the City of Miami. And we need to put impact fees where the impact is felt as opposed to the politicalization of where these impact fees get placed. I'm not blaming this Administration or this Mayor at all. He's been supportive of this from the very inception. I am a little bit critical of the previous Administration and their treatment of impact fees. And I think if we're going to go along as a city, we need to be fair, honest, open, and transparent about how we spend impact fees. So I'm going to pass the gavel, and I'm going to move SP. 4, as amended, and ask that there be a second. Commissioner Suarez: I will second the motion. And I'd like to say a few words as well. Vice Chair Carollo: There is a motion by Chairman Sarnoff. There is a second by Commissioner Suarez. Any discussion? Commissioner Suarez: I'd like to say a few words. Vice Chair Carollo: Commissioner Suarez. Commissioner Suarez: Again, I'd like to commend the Mayor and the Chairman for this resolution. You know, up here this -- one of the difficulties of this job is the tensions between things that are good for this community and they come into conflict sometimes. We saw earlier City ofMiami Page 18 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 today we had a charitable organization that provides services come into conflict with the dire financial situation that we find ourselves, two good things to protect. And we see that oftentimes, you know, in the City. And I think the -- for those of you who are active, I think you should recognize when the City, you know -- our responsibility is a broad responsibility. And I think it's commendable that in this meeting we're doing some of the things that we've been criticized for, which is we're giving park space and creating park space for the City of Miami, which is in dire need of park space. I mean, I was looking at my map back there of the district and there are very few -- I mean, there's very few greens among a very, very large brown. And I think for the future of this community and the health of this community, it's certainly desirable to have more and more park space. And so I commend the Chairman for putting this together, because it may seem easy here now when we're taking a vote on it, but it's not easy. You're pulling together a variety of different funding sources and resources to make this happen, particularly on Brickell, where land value is astronomically expensive in comparison with other parts of the City. So again, I commend the Chairman for this and the Mayor for his leadership on this issue, and I hope that the community really understands that we did something today, or we will hopefully do something now, and we do care. You know, we do care about the future of the city. And sometimes we have to make difficult decisions on, again, you know, two competing good interests, but we are looking at the big picture, and we will get it done at some point or another. Chair Sarnoff Thank you. Vice Chair Carollo: Thank you, Commissioner Suarez. I have a few questions. And by the way, I actually know the map that Commissioner Suarez is speaking about. I actually have a copy of it right here. And ironically, the only green I see in District 3 is that for once -- usually the color is yellow -- they painted it green or they show the green because my district has the least amount of parks out of the whole City of Miami. It's actually very sad. And -- now with that said, I commend you for obtaining still more parks in your district. I mean, I'm not going there. However, I do have some questions. As far as impact fees -- and in all fairness, I agree with you as far as impact fees. Your district's the one who's actually been hit the hardest. But how much of impact fees is really going to the purchase of this park? Ms. Valdes: Madeline Valdes, Department of Public Facilities. We have $1.3 million is going from the impact fees towards the purchase of this property. Vice Chair Carollo: One point three? Ms. Valdes: Yes, sir. Vice Chair Carollo: So -- And what's the total purchase price? Ms. Valdes: The total purchase price is 2, 004, 375. Added to that are closing costs associated with this acquisition, that's about $119,150, for a total of $2, 556, 650, approximately, depending on what other items may come up before closing, the minor items. Vice Chair Carollo: Hold on, hold on, hold on. It was my understanding that the purchase of the price [sic] had to be -- Ms. Valdes: The purchase of the property is the average of the two appraisals. That's correct. We retained two appraisals, averaged them out, and the purchase price is two million four thirty-seven five, but aside from that you have closing costs, and that's added to the purchase price, in terms of your question. Vice Chair Carollo: And who's paying for the closing costs? Ms. Valdes: We're paying for City's closing costs. Added to that, we have two items. One is a City ofMiami Page 19 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 lien that was held against the property by the archaeologist for work that had been performed to remove the artifacts that exist on the site. The archaeologist was, through his attorney, kind enough to reduce his lien to approximately 70,000. The bones exist today in the archaeologist's office, so we'll have to replace them or reenter into the property. The other item is attorney's fees. We have -- Vice Chair Carollo: And how much --? Ms. Valdes: -- 8,500 in attorney's fees. Vice Chair Carollo: Okay. Hold on. The total purchase price is two million four thirty -- Ms. Valdes: Two million four three seven five zero zero. It consists of the average of the two appraisals. Vice Chair Carollo: However, there is -- and I'm sorry -- attorney's fees? Ms. Valdes: We have eight thousand five in attorney's fees. Vice Chair Carollo: Okay. Ms. Valdes: And we have the $70 million -- $70,000 lien -- Vice Chair Carollo: Seventy thousand dollar lien? Ms. Valdes: -- for work that's already been performed and for the taking out of the bones from the property. Vice Chair Carollo: What about closing costs? Is this considered closing costs or are there additional? Ms. Valdes: The closing costs are customary closing costs. They're recording fees, title policies, survey. Vice Chair Carollo: Doc stamps? Ms. Valdes: Doc stamps are usually paid by the seller, but we are paying for them in this case, twenty-eight four -- twenty-eight thousand four. Vice Chair Carollo: So what's the total amount of closing costs? Ms. Valdes: Your closing costs in this transaction is approximately 119,150. Vice Chair Carollo: A hundred and nineteen -- Ms. Valdes: One hundred and nineteen thousand, one hundred and fifty. Vice Chair Carollo: And that includes the attorneys and everything that we spoke about? Ms. Valdes: That's everything, yes. That's everything. Vice Chair Carollo: So the total amount is 119? Ms. Valdes: Yeah, um -hum. We also did environmental. There was a lot of things that needed to be done in preparation for this closing. City ofMiami Page 20 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Vice Chair Carollo: Okay. Two questions. I saw, more or less, how we were going to pay the 2,000,437 [sic], and if my math is correct, we're going to use about 60,000 in Sunshine State loans? Ms. Valdes: No. It's 460,000 in Sunshine State. Vice Chair Carollo: Four hundred and sixty thousand -- Ms. Valdes: That's correct. Vice Chair Carollo: -- in Sunshine State loan. Ms. Valdes: If you want, I can give you the breakdown of the funding sources because -- Vice Chair Carollo: Yeah. Could you please? Ms. Valdes: -- you weren't briefed on the breakdown. We have 460 in Sunshine State loans. Commissioner -- or Chairperson Sarnoff has proposed 500 from his quality of life. We have Safe Neighborhoods, 327, 000, and then you have your impact fees of 1.3 million. That covers everything, including the closing costs. Vice Chair Carollo: So that -- okay. That's where the difference is. Ms. Valdes: Yeah. Vice Chair Carollo: That covers the closing cost. All right, I see. Do we have to take out a Sunshine State loan for this deal? Ms. Valdes: No, we don't. Larry Spring: Larry Spring, chief financial officer. Commissioner, the Sunshine State loan money that's being applied to this project were previously coming from a project, a parking project that we were doing out on Virginia Key in the District 2. Through negotiations with the two lessees that we had out there and working with the Commissioner, we were able to get the lessees to pay the costs of the construction of the garage in complete, so we were able to reallocate these dollars to this project. So we're shifting money fi^om a District 2 project to another District 2 project, and it's not a new loan. It's existing money that we already had borrowed and applied to that other project, and actually there will be an amendment that the City Attorney or the Chair will read into the record with regards to that. Vice Chair Carollo: Okay. By the way, I want this to happen. I'm just concerned about, you know, the monies that we're spending and where they're coming fi^om. I mean, I don't have any issues with the $500, 000 quality of life. I mean, hey, I don't even know what that is. I mean -- and when I mean that -- obviously, I know what quality life funds are. And I say that I don't even know what that is because when I came into office, I had zero. So that's why I'm saying that, so - Chair Sarnoff Right. And so you know -- and maybe I can explain some things. The quality of life dollars is your homeland security bond project money. Vice Chair Carollo: No. Chair Sarnoff And -- City ofMiami Page 21 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Vice Chair Carollo: I understand what it is. I'm just saying that because when I came into office, I had zero. I never saw it, so that's why I'm joking about that. And the County Safe Neighborhood Park, you know, 327, I don't have an issue with that. If Tibor Hollo wants to give in $250, 000, hey, it's welcomed. The impact fees, I could see -- in all fairness, you may bring a very good argument as far as, hey, it affected my district the most. So I understand impact fees is citywide, but, you know, I won't argue. You've done your homework and, you know, it's commended. But then when we have a Sunshine State loan, it's just monies that I don't know if -- you know -- Chair Sarnoff Maybe I could explain that to you. Vice Chair Carollo: Sure. Chair Sarnoff We -- what we did was, which you would like, a parking garage that will be built for Rusty Pelican and for Rickenbacker Marina. I don't know how many Commissioners in the past have bought a parking garage that is actually paid for. I'm not asking the citizens to pay anything. I got Pelican and I got Rickenbacker to put $6 million towards a parking garage. Don't think many people come up here and say, okay, this is revenue neutral, and we have a parking facility on Virginia Key, which means we can pull up a lot of asphalt and start greening it. They had allocated a certain amount of money towards that parking garage for the Sunshine State loan that they're not going to use. In other words, we already borrowed it, so in your parlance, we're already paying the interest on it. So what they're doing is they're moving that money over to this site and using it in that vernacular. Vice Chair Carollo: So you mean to tell me that money has been borrowed already? Chair Sarnoff Oh, yeah. Vice Chair Carollo: That loan is outstanding already? Mr. Spring: Yes. Chair Sarnoff Yes. Mr. Spring: If you -- and if you will allow, Mr. Chair. Vice Chair Carollo: Jesus. Mr. Spring: We borrowed back -- I think it was like two years ago now, about $42 million. That $42 million was used, first and primary, to help support the continuation of the citywide CIP (Capital Improvements Project) plan. And if you were to look at those documents that were passed, we listed every single city project as a possible project that we would fund. There're projects in your district, Commissioner Suarez's district, every single district in the City that will potentially be funded from those sources, and I can show you the list of all the projects that are there. I can print it out and bring it to you. So I'm assuming your concern is, hey, we borrowed this money, am I getting a fair share, or I'm getting projects funded in my district as well, which I imagine that's -- Vice Chair Carollo: Well -- Mr. Spring: -- part of your thinking. Vice Chair Carollo: That's part of the thinking. But no. I mean -- listen, listen, listen, listen. I give credit where credit is due. I mean, I've been here in office now for two months. I give credit where credit is due. If Commissioner Sarnoff has done his homework and has allocated the City ofMiami Page 22 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 funding, this and that, has been able to, you know, ident fy a location for a park and so forth, hey, man, I take my hat off to you, you know. I mean, don't get me wrong. I don't know what my predecessor did or not, or so forth. I could tell you one look at this map, District 3 has the least amount of parks. Now that's neither here or there for this right now because, in all fairness, you did your homework. I commend you. I just want to make sure from a fiscal responsibility that we're okay with this. In other words, if the City -- if we really are in a financial crisis, I don't know if we should, you know, obtain an additional loan for a park, and that's where, you know, some of my issues lie. I could see, you know, the rest of the funding, you know, which is okay. Now, whether we should be paying the hundred something thousand for the closing costs, I don't know. I mean, I guess I will have some reservations. But when we're talking, you know, what, $2.5 million deal, the hundred thousand, I mean, I don't know how material it is. I believe it is, but still. You know, and again, having done your homework and so forth, I'd be flexible. And it's not like I'm trying to be inflexible. But, yeah, I mean, obviously, with the financial needs that we have right now, I don't know if it's smart to obtain a loan. But you're saying we've already obtained that loan? Mr. Spring: Correct. That money was -- Vice Chair Carollo: And we're paying interest on it, from what you told me, Chairman? Mr. Spring: Yes. Chair Sarnoff Yeah. I think we pay 1 percent or 2 percent. It's a very low interest. Commissioner Suarez: I think it's variable at one right now. Chair Sarnoff It's either one or one -- Mr. Spring: The average rate this year is 1.03 percent. The Sunshine State -- and maybe I should, I guess -- Vice Chair Carollo: Elaborate. Mr. Spring: -- elaborate on what the Sunshine State is. The Sunshine State is a loan pool that's put out by the Sunshine State Loan Commission. It is a revolving loan pool that all municipalities, governments in the state of Florida can borrow from, and it's typically at a very low interest rate. I think over the last five or six years, that interest rate has been averaging around 2 percent. Various cities around the state and I know locally here, like the City of Coral Gables, I think all of their debt that they have on their books is Sunshine State loan. And they -- you know, they've utilized the pool 'cause it is cheaper money. The City has gone back as far as 1987 in utilizing this pool to help support various capital projects throughout the years. And when we -- a couple of years ago when we had an issue where we -- and I think you've seen it corning in. We have a very elaborate capital improvement program. We were authorized to do the $250 million, and we got that authorization. But as projects started to get let out, issues would come up. A perfect example would be Grapeland Park. We had to remediate the entire park area for the water park, and that was an additional 9 or $10 million that was not even contemplated in the issuance of that. So you had different things that have come up. Also during that timeframe, as you know, with the construction boom that occurred, you had an escalation in construction costs also that was not necessarily contemplated when we were saying, oh, great. We're back in the market. We're going to go and issue this. And here's the full list of all the projects that we're going to do with that 255. So we were asked, and I would say directed by the City Commission at that time, to kind of figure out other sources that we could tap into in order to help complete the capital project that we had promised -- the voters voted for it, and we promised them that we would deliver. So that's the -- that's kind of the background on the Sunshine State. And again, I can provide you with the legislation that approved the loan that City ofMiami Page 23 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 we're talking about now where this money is being shifted fi^om one project to this new project. Vice Chair Carollo: But it's actually being shifted. In other words, it's not an additional loan that we're -- Mr. Spring: It's not -- it is not additional loan. We're not incurring any additional debt. This is debt that we already incurred, and we're simply moving the allocation from one project to another. Vice Chair Carollo: Speak to me about the bones. Is there some maintenance? 'Cause -- and the reason why is because I remember that there was going to be a development in Brickell and - - quite a few years back, and due to some bones, it just stopped. And I think it's called the Miami Circle now, which I believe has been closed for I don't know how many years, and there's no access to the public. So speak to me a little bit about the bones, please. Ms. Valdes: Actually -- Pedro G. Hernandez (City Manager): Commissioner, ifI may. Madeline, let me put something on the record. The archaeologist, Bob Carr, who did the original work-- did the inventory of the bones that were found on the site, had not been paid and it has now become a lien that he's accepting less than the amount of the work that he invested. That amount is now at 70,000, but I see that as an investment, as an improvement on the property. When we hold the title to this property, we have to enter into a covenant with the State to be sure that the bones are reinterred and that it's properly maintained and so forth. Madeline has been working with Mr. Carr, and the 70,000 will handle all the work that he's done up to now, and then there are minimal expenses that I see on the improvement side that will be required to do the re -interment and to actually do the maintenance. Ms. Valdes: That's correct. I did speak to Mr. Carr, and Mr. Carr has advised us that the 70,000 covers the work that's already been performed. The bones are currently in his office. He has quoted as a matter of fact that to reinter the bones, it's going to be approximately about 5,000. Thereafter, if we do any further improvements, then there's a cost to make sure that there's a maintenance in terms of that work that's done. There's an archaeologist that must be present during the construction. Vice Chair Carollo: Have we identified the funding sources for those? Chair Sarnoff For the improvements? Ms. Valdes: For the improvements? Vice Chair Carollo: Well -- Chair Sarnoff That would come fi^om the quality of life. Vice Chair Carollo: That would come from the quality of life? Chair Sarnoff Yes. Vice Chair Carollo: And as far as maintenance and so forth? Chair Sarnoff What she's saying is maintenance -- Mr. Hernandez: The -- City ofMiami Page 24 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Chair Sarnoff -- she's saying the archaeologist -- Vice Chair Carollo: There's two -- right. There's -- I think there's two issues going on at the same time. One is the maintenance and one is the actual inputting of the bones or should there be any additional -- Right, there's two separate. Chair Sarnoff Right. Vice Chair Carollo: There's -- should there be any additional -- in other words, if you want to put a playground there or so forth, they have to dig it up, correct? Ms. Valdes: No. What happens is -- it's already been dug up. What happens is, an archaeologist must stay on the premises in case something else is found -- Chair Sarnoff Right. Ms. Valdes: -- but the bones have already been dug up and are in his office. What we would pay for is for him to actually ensure that nothing else is on the premises during construction. Chair Sarnoff If we were to put in, for instance, a watering system, every time we put the pipes in the ground, he'll be there -- Ms. Valdes: He has to be present. Chair Sarnoff -- to make sure that we don't dig up bones. He'll be there to reinter the bones. A park is a great use or a great activity for somebody who's found Indian burial bones, because obviously you can reinter them. You're going to do minimal disturbance to the park -- to the land facility. I can ensure this Commission that any improvements made to that park will come from my quality of life funds. It will not come from any other source funding. Vice Chair Carollo: And I appreciate that, Mr. Sarnoff -- I mean, Commissioner Sarnoff, and actually, taking the leadership on this. I -- you know, I commend you. You've done your homework. With that said, any improvement should -- what happens if they find additional bones? Ms. Valdes: You would probably have to go through the same process of identifying it, testing it, and then submitting those results to the State, and then adding to the covenant that we currently have with the State. That's all. Vice Chair Carollo: And something like that, you don't have a problem using your quality of life funds? Chair Sarnoff No. I don't think they're going to find any more bones and a park is a great use for that type of facility because you disturb so little of the ground. Vice Chair Carollo: No. I understand. And in all fairness, I want to make this happen, but still I have to do my due diligence and ask, you know, the questions. Ms. Valdes: IfI may take this moment to add before you all vote on this item. We have a minor modification to this item. Attached as an exhibit was the assignment and assumption to the commercial contract. Since we're going to be paying the 8,500 in attorney's fees, the Law Department would be incorporating that language into this assignment so that the parties all have a signed agreement regarding those fees. So that's the modification to this item. You'll have a new assignment and assumption of the contract that states the attorney's fees are the responsibility of the City. City ofMiami Page 25 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Vice Chair Carollo: And that's all part of the closing cost, correct? Ms. Valdes: Yeah. Those are included as part of the negotiated costs. Vice Chair Carollo: Okay. And as far as maintenance to the park, it'll be regular maintenance. You don't need a security guard or someone there to --? Ms. Valdes: You don't need a security -- Vice Chair Carollo: Because when the Manager said that you had to secure the bones -- Chair Sarnoff No. Ms. Valdes: No, you don't. You could easily fence it and that should do it. That should be enough. Vice Chair Carollo: And the fencing is -- that's not included in here, right? It'll come from your quality of life? Chair Sarnoff No. There is -- there may not be fencing. That may not be a park you want to fence. I mean, we haven't master planned the park -- and I hate to use the word "master plan." We haven't designed the park. It will likely have a dog park. It will certainly have a playground for kids as, you know, Brickell becomes younger and younger. But we just simply haven't done that. I was told to clam a statement) made to you. We have -- somebody has violated -- at 2110 Brickell has taken down HEP (Historic and Environmental Preservation) Board trees that were protected by the HEP Board. Part of their mitigation was -- will inevitably be 33 -- or about $33, 000. That is the closest park in mitigation to 2110 Brickell, so we're going to use those funds to put trees as opposed to on the site of 2110 Brickell to that particular park space. In addition, another developer is corning in here for a modification and is contributing $35, 000 to the park. So I don't want to misstate to you that in case you -- it's not general fund money, but I got another developer to contribute 35,000 towards the improvement of that park, and I was told to clarify that to you. Vice Chair Carollo: And again, Mr. Chairman, I'm just trying to do my due diligence. I mean -- Chair Sarnoff And I got -- and I'm -- transparency's good. Vice Chair Carollo: You know, and I think it's good for everyone. I think it's good for the whole city and so forth for us to speak out here in the Sunshine and, you know, ask these questions, you know. I'm not here trying to give you a hard time. I'm just trying to do my due diligence and make sure that, you know, the adequate funding goes to, you know -- Chair Sarnoff Five more questions and it will feel like a hard time, but -- Vice Chair Carollo: Hey, well -- but you're used to it. You got broad -- Chair Sarnoff Being up here -- Vice Chair Carollo: -- you have broad shoulders. Chair Sarnoff -- I am used to a hard time. Vice Chair Carollo: You have broad shoulders. Anyways, with that said, any other questions, discussion? City ofMiami Page 26 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Commissioner Suarez: I just want to make a point that came to mind. We're -- I think that the total loan amount for the Sunshine State loan -- 'cause I did ask also what the interest rate was and just asked -- doing my financial due diligence. I think it's 400 -- what's the exact number? Four hundred and what? Ms. Valdes: The loan amount or -- Commissioner Suarez: Yeah. No, no. Ms. Valdes: -- the amount that's being used for this acquisition? Commissioner Suarez: The amount that's being used for this acquisition. Ms. Valdes: Four hundred and sixty thousand. Commissioner Suarez: Okay, so that's 40 --1 percent of that is $4, 600, divided by 12 is roughly $400 a month. So we're, in essence -- our mortgage payment, in essence, in acquiring this almost $3 million property is $400 a month. I mean, that's what -- that's less in rent than some people pay in many areas of my district, you know, to live in a one -bedroom efficiency. So I -- again, I think that speaks to the soundness of the financing -- the financial underpinnings of the plan. Vice Chair Carollo: Madeline, I'm sorry. I mean, maybe I'm just doing my math quick. But 460 or 60, 'cause --? Ms. Valdes: Four hundred and sixty. Okay. Can we go through it real quick? We got 250 from Mr. Tibor Hollo. Commissioner Suarez: Correct. Chair Sarnoff That was a reduction. Ms. Valdes: That's a reduction of the purchase price. That's not included in -- Vice Chair Carollo: Gotcha. Ms. Valdes: -- our purchase price. Vice Chair Carollo: Gotcha. That's a reduction. Okay, so we've got the 327, the 500, the 1,000,300 from the impact fees, and then 460. Gotcha. Now we have it. Okay. Chair Sarnoff Call the question. Mariano Cruz: Public hearing. Ms. Bru: Mr. Chairman, let me read into the record -- Vice Chair Carollo: Is it a public hearing? Ms. Bru: No. I need to read into the record the language for the Sunshine State loan when you're ready. Vice Chair Carollo: I'm sorry. You -- City ofMiami Page 27 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Ms. Bru: I believe you're going to have a public hearing now, right? Vice Chair Carollo: Yes. Ms. Bru: Okay. And then before you vote on it, please let me read into the record the language that is -- Vice Chair Carollo: I will. Ms. Bru: -- required by bond counsel from the Sunshine State loan that we're using, needs to be read into the record. Vice Chair Carollo: With that said, I'll open up the public hearing. Jay Solowsky: Commissioner, Jay Solowsky. I am a resident at 2127 Brickell. I live in this area. I've been working on this with Chairman Sarnofffor -- actually, it's been almost 10 months at this point putting this together. But for the economy, but for the situation with the bones, we would not be able to be purchasing this property on Brickell Avenue at this price. It was a confluence of events that has presented the City with this opportunity and it is a wonderful opportunity. And it's being done in a way that even with the allocation of the impact fees of the 1.3 million does not represent a full return of impact fee money for parks to District 2 compared to what District 2 has paid. It goes away toward doing that, but doesn't totally rectify it. So there's no general funds being used. It's a purchase that will be in perpetuity in an area that we could not have done this before and will provide the first children's park in the Brickell area. There is not one there now. And with younger people moving into that area now, if you go up and down Brickell -- you work in that area, Commissioner Carollo -- you see the people walking with the strollers, you see the people now walking with the dogs. You have almost 20,000 people in that area now. It will be the first children's park, the first dog park in that area. And I wholeheartedly recommend that you approve this. I think that it is a wonderful use of funds and is a prototype to be used in other areas of the city. Vice Chair Carollo: Thank you for your comments. Mr. Solowsky: Sure. Mariano Cruz: Mariano Cruz, 1227 Northwest 26 Street. Before you were in here, I been coming to the budget hearings September, two budget hearing, since 1976, when your brother was there, okay. So I know what it's about. I was the only person many times that advocate for more parks, more money for parks. It used to be parks and recreations, two different departments. But you know what happened at the time? Because we need parks. We need open areas. Now everybody is green, everybody green. That's the thing to be. Green, green, green. Now I'm glad to see he's going there, because I know Alice Wainwright Park. Igo to the Brickell Park behind there. I go to Simpson park before when my children were growing. But you know what happen in the '80s? Happen something here. Your brother was there. (UNINTELLIGIBLE) was the mayor. You know what happened? The crime in the city. The group -- the nongroup, CAC, Citizens (UNINTELLIGIBLE). You know who they were? The late Alva Chapman, (UNINTELLIGIBLE). They came here and they lobbied for more police, more police, more police. And even then I passed out a letter about that. You need (UNINTELLIGIBLE) and the whole thing. You need more police and -- to combat crime and more prison. When the solution is jobs, (UNINTELLIGIBLE) wages, education, that. No. But you know what happened? They cannibalized the departments of the city to give more money to the police. I don't know if any (UNINTELLIGIBLE) was there in that time. They gave more money for the police. And what happened? Did we have less crime? No. Then we got the river cops. That's what happened when they hired policemen and policemen without -- just to police the nongroup that they want more police, more prisons, and more jail. And now we need more City ofMiami Page 28 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 parks, education, education, education, and jobs and the whole thing. That's what we need. And I'm glad to see that going there. Vice Chair Carollo: Your time's up, and I think your message was portrayed, so thank you. Mr. Cruz: No. I make a point. Vice Chair Carollo: Thank you. Mr. Cruz: I'm glad to see that. Vice Chair Carollo: Mariano. Mr. Cruz: Because at the time I have to get by -- Vice Chair Carollo: Thank you, Mariano. Mr. Cruz: Yeah. Vice Chair Carollo: Thank you, thank you. Please have a seat. Your point was made. Mr. Cruz: No. By the (UNINTELLIGIBLE) -- Vice Chair Carollo: Mariano, your point was made. I understand your point. Mr. Cruz: Right. Vice Chair Carollo: Please have a seat. Please have a seat. Mr. Cruz: I am for that -- Vice Chair Carollo: I understand. Mr. Cruz: -- because it's -- Vice Chair Carollo: Your point is well -taken. Mr. Cruz: Regardless, it's our tax money, even if I don't pay city tax, but I pay federal taxes too. Vice Chair Carollo: Understand. Horacio Stuart Aguirre: Good afternoon, Mr. Chairman. Horacio Stuart Aguirre, 1910 Northwest 13th Street, Miami, Florida, Durham Park, on the Miami River. Two quick points. I'm a member of the parks committee of Miami Neighborhoods United, and Mr. Steve Hagan and I strongly support this proposal. We commend the three of you for your smart inquisitions on this matter. We commend the Chairman for his brilliant financing. And my second point is that as a commercial real estate mortgage banker, I can tell you that the closing costs are very, very low relative to total size of this transaction. It's a good buy. Thank you. Vice Chair Carollo: Thank you for that. Anyone else from the public wishing to speak? Hearing none, seeing none, the public hearing is closed. And once again, I'm ready to call the question. I'm sorry. Before I do, Madam City Attorney. Ms. Bru: Yes. The resolution that you're going to be approving or voting on now will be amended to provide for two sections that will have finding and determinations. The first one is a City ofMiami Page 29 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 finding and determination that one of the citywide parking projects on the original project list for the City's Sunshine State loan pool financings does not require those loan funds due to negotiations which have resulted in the lessee financing the building of that parking facility. The second section will make a finding and determination that the project list for the City's Sunshine State loan pool financing for parks and recreation projects shall be amended to add a new city park to be located at 1814 Brickell Avenue, and then we will add a section that will authorize and direct the City Manager to execute, with the approval of the City Attorney, all necessary documents in order to amend the project list for the City's Sunshine State loan pool agreements. Vice Chair Carollo: With that said and before I call the roll, I want to say, Chairman Sarnoff, I commend you. I mean, you did your homework. You did a finance plan that is very impressive. As a matter of fact, I'll admit to you, when I came up here, I wasn't sure how I was going to vote on this item, I really wasn't. I wasn't sure how I was going to vote. I needed certain questions to be answered, you know, in the Sunshine. And in all fairness, I commend you. You did one heck of a job and, you know, it needs to be recognized. So with that said -- Chair Sarnoff Thank you. Vice Chair Carollo: -- I call the question. All those in favor, say "aye.' The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say "nay." Motion passes unanimously. Ms. Thompson: As amended. Chair Sarnoff All right. Vice Chair Carollo: As amended. Chair Sarnoff All right. We're going to take up the Mayor's items, his M items, but we're going to take a ten-minute recess 'cause I think this board could use a ten-minute recess. So we are going to do ten minutes, gentlemen. We're corning right back, and then we'll have lunch. City ofMiami Page 30 Printed on 2/1/2010