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HomeMy WebLinkAboutCC 2010-09-23 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, September 23, 2010 9:00 AM SUPPLEMENTAL City Hall Commission Chambers City Commission Tomas Regalado, Mayor Marc David Sarnoff, Chairman Frank Carollo, Vice -Chairman Wifredo (Willy) Gort, Commissioner District One Francis Suarez, Commissioner District Four Richard P. Dunn 11, Commissioner District Five Carlos A. Migoya, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes September 23, 2010 Present: Commissioner Gort, Chairman Sarnoff, Vice Chairman Carollo, Commissioner Suarez and Commissioner Dunn II On the 23rd day of September 2010, the City Commission of the City ofMiami, 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 9:37 a.m., recessed at 12: 42 p.m., reconvened at 2: 47 p.m., and adjourned at 5:14 p.m. Note for the record: Vice Chair Carollo entered the chambers at 9: 41 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Carlos A. Migoya, City Manager Priscilla A. Thompson, City Clerk Pamela L. Latimore, Assistant City Clerk ORDER OF THE DAY City ofMiami Page 2 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 SI.1 10-00425 Office of Strategic Planning, Budgeting, and Performance SI.2 10-01069 Office of the City Attorney S1.3 10-01071 SUPPLEMENTAL AGENDA ITEMS ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), ESTABLISHING THE DEPARTMENTS OF THE CITY OF MIAMI AS SET FORTH AND FUNDED PURSUANT TO RESOLUTION NO. 09-0454, ADOPTED SEPTEMBER 29, 2009, AND PURSUANT TO SECTION 19 OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, ENTITLED "CREATION OF NEW DEPARTMENTS; DISCONTINUANCE OF DEPARTMENTS;" CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-00425 Legislation FR/SR.pdf 10-00425 Exhibit SR.pdf 10-00425 Summary Form FR/SR.pdf 10-00425 EXHIBIT SR 09-16-10.pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIII/DIVISION 6 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING/ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; SPECIAL PERMIT REQUIRED/BILLBOARDS", BY CREATING A NEW SECTION 62-618.8 ENTITLED "NEW RELOCATION AND RECONSTRUCTION AGREEMENTS," CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 10-01069 FR/SR MEMO.pdf 10-01069 FR/SR LEGISLATION.pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Office of Strategic Planning, Budgeting, and Performance RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2010. 10-01071 SUMMARY FORM.pdf 10-01071 LEGISLATION.pdf City ofMiami Page 3 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Dunn II Absent: 1 - Commissioner(s) Gort R-10-0418 Chair Sarnoff. Mr. Mayor, I think we have SI 3. Is that some -- is that still on? Carlos A. Migoya (City Manager): Yes, it is. Chair Sarnoff. Are you going to be -- Mr. Migoya: Yes, it is. Chair Sarnoff. -- heard for SI.3, Mr. Mayor? Mayor Tomas Regalado: Yes. Chair Sarnoff Okay. Mayor Regalado: Thank you very much. We have the amendment to the fiscal year ending this September 30 of 2010, and it's important that we understand this because this year we had a deficit, and the Administration has been working diligently to reduce expenses we have incurred in different -- new expenses because of the early retirement, but I guess that the Budget director is here to present to you this resolution and the details. Chair Sarnoff. You're recognized for the record, Mirtha. Mirtha Dziedzic (Director, Strategic Planning, Budgeting & Performance): Good morning. This is the third resolution for the fiscal -- Chair Sarnoff. Just state your name. I mean -- Ms. Dziedzic: Sorry. Chair Sarnoff. -- even though I did. Ms. Dziedzic: Mirtha Dziedzic, Budget Department. Chair Sarnoff. Thanks. Ms. Dziedzic: This is a third resolution to fiscal year '10 budget. It aligns the departments once again to fund -- to fully fund certain departments that were underfunded at the adoption of this fiscal year budget, specifically GSA (General Services Administration), NET (Neighborhood Enhancement Team), and the Risk Department. It also distributes the attrition that was centralized in NDA (Nondepartmental Accounts) to all of the applicable departments, and it removes the one-time payouts from each department and centralizes those into NDA. There is no additional fund balance being appropriated at this moment. That will be done in the close-out amendment. Chair Sarnoff. All right. Is it --? There was a document that you handed out. Ms. Dziedzic: There is the back-up -- City ofMiami Page 4 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Chair Sarnofff. The back-up. Ms. Dziedzic: -- which I can make available to all of you. Chair Sarnofff. Just want to make sure all the Commissioners have it. Ms. Dziedzic: I'm not sure. Vice Chair Carollo: Can we actually table this till the afternoon so at lunch time, I could look through it? Chair Sarnofff. Commissioner is asking to table this matter, so let's table it until -- you're going to be around. Not a problem for you, right? Ms. Dziedzic: I should be able to be around, yes. Chair Sarnofff. Okay. So let's table this to -- at least till after lunch, and then we'll have an opportunity. Vice Chair Carollo: Thank you. [Later...] Chair Sarnofff. All right. We're back on the record. I think we're going to take up supplemental agenda SI3. I guess -- Mirtha, I think you're coming back up? I know there's been substantial changes from the morning to today. We've updated, we've scoured, we've looked at -- I'm just teasing. You're recognized for the record. Ms. Dziedzic: Mirtha Dziedzic, Budget Department. This is the third amendment to the budget for fiscal year '10. Do you need the --? It -- what it does is it aligns budgets from different departments to fund deficits mostly in the areas of GSA (General Services Administration), NET (Neighborhood Enhancement Team), and Risk. And it distributes the attrition to all of the departments, and it collects the one-time pay budgets out of departments and centralizes them in NDA (Nondepartmental Account). No additional fund balance is being used at this time. Chair Sarnofff. All right. Vice Chair Carollo: Mr. Chairman. Chair Sarnofff. You're recognized for the record, the Vice Chair. Vice Chair Carollo: Thank you. There's a few items that want to ask our Budget director about. The other revenue, I know in the past I've asked for, you know, different breakdowns of the other revenues. I see the 109,955 of other revenue. What does that other revenue constitute? Ms. Dziedzic: These are additional miscellaneous revenues that we're anticipating to be collected during the fiscal year. One of the items is confiscated funds from Police Department that are being recognized as revenue this year. Vice Chair Carollo: And off the top of your head, do you know any other miscellaneous revenues that's within this hundred thousand? Ms. Dziedzic: There's also settlements, new settlements that we've been made aware of that we're collecting in this category. City ofMiami Page 5 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Vice Chair Carollo: Thank you. I need to ask you with regards to -- I see Fire -Rescue here, 12,821 --I'm sorry, 12, 821, 000. Ms. Dziedzic: Yes. Vice Chair Carollo: I knew there was a reason why I wanted to mention it. Can you give me a little detail on that, what's going on there? Ms. Dziedzic: That is the budget load for -- $11 million of it is for UASI (Urban Areas Security Initiative) grant for 2008; 500,000 of that is for the firefighters grant programs, fiscal year 2009, assistance -- I'm sorry, assistance to firefighters grant program, fiscal year 2009; and 1 million is to load 2010 Department of Homeland Security FEMA (Federal Emergency Management Agency) USAR (Urban Search and Rescue) readiness cooperative agreement. Vice Chair Carollo: And when you say load up, you mean a special revenue fund? Ms. Dziedzic: Yes, sir. These are special revenue funds. Vice Chair Carollo: From 2008? From UASI grant, I see the program year 2008? Ms. Dziedzic: Yes, from UASI 2008. Vice Chair Carollo: And know in the past, we -- you know, it was actually one of the audit findings, too, as far as some of these revenues, actually collecting them or so forth. Is -- Do we actually receive the revenues --? Do we actually make the expense and then receive the revenues or how does that work? Ms. Dziedzic: Yes. Vice Chair Carollo: As a -- Ms. Dziedzic: It's reimbursable. Vice Chair Carollo: It's reimbursable. Ms. Dziedzic: Those are reimbursable. Vice Chair Carollo: And we're expecting to get this reimbursed? Is that --? Ms. Dziedzic: Yes. The load is based on what we expect to collect. Vice Chair Carollo: Okay. Also, with Community Development, there's a whole series of them; 9.3 million, 13.8 million, 2.6 million. Could you just touch upon those a little bit? I'm sorry, I'm seeing it in page 3 of 4. Ms. Dziedzic: Yes. Three of -- Vice Chair Carollo: Three of four is where I'm seeing it on the budget adjustments. Ms. Dziedzic: Those are for -- loads for CDBG (Community Development Block Grant); 13.8 is for HOME (Home Investment Partnership Program), 1.2 for the SHIP (State Housing Initiative Partnership Program) program, 48, 000 for ESG (Emergency Shelter Grant), and 2.6 for HOPWA (Housing Opportunities for Persons with AIDS). Vice Chair Carollo: I see one here is to increase allocation for community development fund, City ofMiami Page 6 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 14001, CDBG, based on department completed reconciliation against posted items in Oracle versus (UNINTET,TIGIBT,F). Can --? Ms. Dziedzic: These are fund balance allocations for remaining funds from the previous fiscal year. Once the year is closed, they see what fund balances are remaining so that they can continue to operate in these grants. They have to reload the fund balance because once the books are closed, we have to reload it at the subsequent year. Vice Chair Carollo: So in other words, you're saying it's a carryover? Ms. Dziedzic: Yes, sir. Vice Chair Carollo: And there are certain limits within carryovers and so forth, so are we in with those limits, Mr. Mensah? George Mensah: No. George Mensah, director of Community Development. On the CDBG program and also in most of the federal government programs, you have a certain number of time to spend the money. Vice Chair Carollo: Right. Mr. Mensah: On CDBG program, we are -- rather are tested on an annual by how much money we have in our account. We cannot have more than 1.5 times our annual allocation. Vice Chair Carollo: Right. Mr. Mensah: So once we don't reach that point, we're able to carry over whatever amount we have. Vice Chair Carollo: Gotcha. Andl see that, you know, according to the Budget director, it's a carryover. Are we okay with our limits and so forth to carry some of these funds over? Mr. Mensah: We were tested in August 2. At August 2, we were okay. We're about 1.2. Vice Chair Carollo: Okay. Thanks. There's one more thatl do want to look at. It's with the police. I think you have a few items that actually is a reduction. Could you let us know what that entails? Ms. Dziedzic: Sure. Part of that reduction is the distribution of attrition -- Vice Chair Carollo: Right. Ms. Dziedzic: -- which is a negative effect on their budget, and the other part is excess funds mostly in the area of overtime that has been collected from police and being dis -- redistributed to other areas, such as GSA. Vice Chair Carollo: So in other words, money that was supposed to go to overtime or was budgeted for overtime and they did not use the overtime so they actually did a cost savings and now we're allocating that savings to other departments that need help? Ms. Dziedzic: Correct, sir. Vice Chair Carollo: So once again, it's, you know, whatl was saying in the budget, how, you know, it needs to be commended 'cause in the past, you know, we always allocate "X" amount for overtime and they always seem to go over their budget and this year it's been the opposite. City ofMiami Page 7 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 SI.4 10-01072 Office of the City Attorney SI.5 10-01116a Honorable Mayor Tomas Regalado This year they actually did a savings so -- and we're seeing it here so, you know, again, it needs to be commended. And mean, I -- we could keep on, but you know, I think for now those are the biggest items thatl thinkl wanted to touch upon, so thank you. Ms. Dziedzic: No problem. Chair Sarnoff Any other Commissioners have any other questions? All right, it's a resolution. Is there a motion? Vice Chair Carollo: So move. Commissioner Suarez: Second. Chair Sarnoff Motion by the Vice Chair, second by Commissioner Suarez. Any discussion, gentlemen? Hearing no further discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Unanimous vote. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ENTER INTO A SETTLEMENT AGREEMENT, IN THE ATTACHED FORM, WITH SOUTH FLORIDA EQUITABLE FUND, LLC., OUTLOOK MEDIA OF SOUTH FLORIDA, LLC., SANTIAGO ECHEMENDIA, AND HARKLEY THORNTON, WITHOUT ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ATTORNEYS FEES AND COSTS, AGAINST THE CITY OF MIAMI, IN THE CASE STYLED SOUTH FLORIDA EQUITABLE FUND, LLC. VS. CITY OF MIAMI, PENDING IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 010-21032-CIV-UNGARO. 10-01072 MEMO.pdf 10-01072 LEGISLATION.pdf 10-01072 EXIBIT.pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING EXHIBIT A HERETO ("EXHIBIT A"), THE AMENDED AND RESTATED AGREEMENT TO ENTER INTO GROUND LEASE ("AMENDED AND RESTATED AGREEMENT TO ENTER), AND THE AMENDED AND RESTATED GROUND LEASE(S) ("AMENDED AND RESTATED GROUND LEASE(S)") (EACH IN SUBSTANTIALLY THE ATTACHED FORM(S)), BETWEEN THE CITY OF MIAMI ("CITY") AND FLAGSTONE ISLAND GARDENS, LLC ("FLAGSTONE"), AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO City ofMiami Page 8 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 EXECUTE THE AMENDED AND RESTATED AGREEMENT TO ENTER, AND THE AMENDED AND RESTATED GROUND LEASE PROVIDING FOR, INTER ALIA: (1) FLAGSTONE'S OPTION TO DEVELOP THE MEGA -YACHT MARINA WITH ITS ANCILLARY FACILITIES, RETAIL, PARKING, HOTELS AND ALL OTHER RELATED FACILITIES (THE "PROJECT") IN ITS ENTIRETY ALL AT ONCE OR THROUGH PHASED DEVELOPMENT ON A COMPONENT BY COMPONENT BASIS; (2) EXTENDING THE POSSESSION DATE FROM FEBRUARY 1, 2010 TO SEPTEMBER 1, 2013, OR SOONER, AT FLAGSTONE'S OPTION; (3) ESTABLISHING AN ANNUAL PAYMENT SCHEDULE FOR ALL COMPONENTS COMMENCING WITH THREE HUNDRED THOUSAND DOLLARS ($300,000) AND INCREASING TO TWO MILLION DOLLARS ($2,000,000) NO LATER THAN THE YEAR 2018, SUBJECT TO CERTAIN CREDITS AND OTHER CONDITIONS RELATED TO DEVELOPMENT ON A COMPONENT BY COMPONENT BASIS; (4) EXTENDING CERTAIN MILESTONE DATES IN THE TIMELINES FOR CONSTRUCTION COMMENCEMENT, COMPLETION, AND OTHER DEVELOPMENT MATTERS AS SET FORTH IN EXHIBITA; AND (5) PROVIDING FOR SECURITY DEPOSIT(S), PROVIDED, HOWEVER THAT SUCH APPROVAL, AUTHORIZATION AND DIRECTION ARE ALL SUBJECT TO AND CONDITIONED UPON A SATISFACTORY DETERMINATION OF SECTION VIII, ENTITLED "STATE WAIVER" OF EXHIBITA REGARDING PAYMENTS TO THE STATE OF FLORIDA ("STATE"); FURTHER DIRECTING THE CITY MANAGER TO RETURN TO THE CITY COMMISSION FOR APPROVAL REGARDING THE STATE WAIVER; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO MAKE NON -SUBSTANTIVE REVISIONS AS NECESSARY TO EXHIBITA, THE AMENDED AND RESTATED AGREEMENT TO ENTER, THE AMENDED AND RESTATED GROUND LEASE(S) ALL DOCUMENTS RELATING TO THE STATE WAIVER. 10-01116a Flagstone Resolution.pdf 10-01116a Flagstone ExhibitA.pdf 10-01116a Flagstone Liens and State Waiver Modification.pdf 10-01116a Flagstone Agreement to Enter.pdf 10-01116a Flagstone Ground Lease Part 1.pdf 10-01116a Flagstone Ground Lease Part 2.pdf 10-01116a Attachment 4 of the Flagstone Ground Lease.pdf Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Noes: 1 - Commissioner(s) Carollo R-1 0-0402 Chair Sarnoff I think we can now move -- I think the best way to proceed, gentlemen, is to start with the supplemental agenda, andl know the Mayor wants to be recognized for that. So Mr. Mayor, you are now recognized for the record. We are in the supplemental agenda, gentlemen. Mayor Tomas Regalado: Thank you very much, Mr. Chairman, Commissioners. On the supplemental agenda, you will find a SI5, which -- it's sponsored by me. It's what you defer last week, which is the Flagstone lease. I have to tell you thatl -- I'm a little confused because I remember -- it's on the record -- that this Commission said that you will have the same agreement with no changes at all, and you gave the principals one week to come up with the check, the City ofMiami Page 9 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 cashier's check. My understanding is that they have, in the past two days, requested some changes. Andl can't say if that's their position today, this morning, or if they have brought the check, to my knowledge and to the Administration knowledge. I think the Manager and the Attorney will say that we have no knowledge of -- if they did brought [sic] the check or why they were asking for some changes within the framework of what you approve. So I would defer to the Manager to give us a brief history of this week. It's -- it -- actually, nothing happened this week because you didn't want to. You just -- we just waited for one week for this to come back to the City Commission. And so, Mr. Manager, I think that everything is okay, but my understanding and your understanding is that they have requested some changes. Brian May: No. Carlos A. Migoya (City Manager): Mr. Chair, Mr. Mayor, during the last several days, they have been requesting some changes and, frankly, my position with both our staff and the City Attorney staff is that we're not to have any conversations. And anything at all that needs to be brought up will be brought up here, and that's been the official position of the Administration and of the City Attorneys. Not trying to speak on behalf of the City Attorney, but that's basically our combined approach. Chair Sarnofff. Mr. Manager, my understanding is, I have the document that was hand- delivered to my office at the end of the last Commission meeting, and that's -- that is the document that we're here to vote on. Mr. Migoya: Nothing has been discussed to be changed further than what you have in front of you. Chair Sarnofff. Okay. You want to be recognized for the record? Mr. May: Yeah. Just for the record, Mr. Chairman, Brian May, representing Flagstone, offices at 235 Catalonia Avenue, in Coral Gables. We're not requesting any changes to the documents whatsoever. We did forward some comments to the City Attorney with regard to the resolution on some drafting issues that we had, but we're not here today requesting any change whatsoever to the resolution. We do have a $200, 000 cashier's check, as we told you we would. And we'd just appreciate the Commission's consideration this morning. And we're here to answer any questions, if you have them. Chair Sarnofff. All right. Mr. May: Thank you. Chair Sarnofff. Does anybody --? Mayor Regalado: IfI may, Mr. Chairman. Chair Sarnofff. Yes, sir. Mayor Regalado: There is the question -- and maybe that the City Attorney can answer -- whether that check needs to be presented to the Administration even before the item is discussed and voted on it because the understanding was that this is money owed to the City ofMiami and that it wasn't predicated on the Commission approving the deal. So maybe the City Attorney can help -- Julie O. Bru (City Attorney): I think that what we agreed last week was once the Commission approved this going forward, the check would be tendered, but obviously, the Manager also insisted on reviewing the check to make sure that -- City ofMiami Page 10 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Chair Sarnoft Have you shown them the check? Mr. May: No. Chair Sarnoft Could you show them the check? Didn't bounce very high, did it? Mr. Migoya: It didn't bounce at all, so -- It's a cashier's cheat -from SunTrust for $200,000, payable to the City ofMiami. Chair Sarnoff Okay. All right, do any Commissioners wish to make a motion? Commissioner Suarez: Move. Chair Sarnoff Motion by Commissioner Suarez. Is there a second? Commissioner Dunn: Second for discussion. Chair Sarnoff Second by Commissioner Dunn. Commissioner Dunn is recognized for the record. Commissioner Dunn: Yeah. I just need to get some clarification. I hear Administration saying that changes were requested andl hear representatives from Flagstone saying no. And so what is actually happening? Do you have the document, Mr. Chairman? I just want to be clear on that because I know we did -- Chair Sarnoff Here's the -- here is the changes that I reviewed. And as long as that is what we're voting on, that is what was delivered to our office a week ago. Mr. Migoya: That is correct, unless anybody has any changes. Commissioner Dunn: Okay. I mean, that is -- is that what we're --? Mr. May, would you again just kind of reiterate that --? Chair Sarnoff He doesn't want you just to nod. He wants you to say it for the record. Mr. May: There are -- we have requested no changes to the documents that were delivered to you at the conclusion of the Commission meeting last week. Zero. Chair Sarnoff Commissioner Gort, you're rec -- Mr. May: None. Chair Sarnoff You're done? Commissioner Dunn: I'm done. Chair Sarnoff Commissioner Gort, you're recognized. Commissioner Gort: Can we go to the schedule again? I'm going to be -- my understanding, the (UNINTELLIGIBLE) was extended to 2013, and I'd like to know when they think they're going to break ground and that type of information. Chair Sarnoff You understand what he's requesting? City ofMiami Page 11 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Commissioner Gort: The schedule. Your schedule of commence work and so on. Mr. May: Our schedule is upon securing the documents for final approval, which will not be finally signed for at least 45 days, pending the City going to the State to secure a state waiver. Upon receiving those documents, we will present the documents in final form to lenders and other equity partners to secure financing to, at the very least, begin constructing the marina. We are hopeful that we could try to do that by the first quarter of next year, of 2011, but I'm certainly not authorized to stand here and give you any guarantee to that effect. Chair Sarnoff What's your -- you mind if I --? Commissioner Gort: Thank you. No, go ahead. Chair Sarnoff. What's your outdate? What do you have to do it by? Mr. May: Mr. Chairman, with all due respect, I would rather you direct those questions to the Administration. I certainly don't want to answer on their behalf. They know the documents as well, and they represent you, andl would rather have them -- Chair Sarnoff All right, that's fair, that's fair. Mr. May: -- I don't want to be accused of putting anything wrong on the record. Chair Sarnoff. I mean, I've read -- Mr. May: Thank you. Chair Sarnoff. -- the document. But is there any Commissioner that wants outdates, in dates, by dates, time certains? Commissioner Dunn: Mr. Chair. Chair Sarnoff Yes, sir. Commissioner Dunn: There's only one -- I know there was a provision that was stipulated or stated at the last meeting. In the event that -- and l just want to just get it clear in my mind -- any aspect of the contract was breached from this point on -- I just need to hear that again -- that the relationship would be terminated immediately. Am I -- what was -- what were those terms? I just need to hear those terms again. Chair Sarnoff All right. What I recall, Commissioner Dunn -- and we'll see if the Administration confirms this -- that they would just tender the keys to the City ofMiami. You had a tender agreement. Madeline Valdes (Director): And all the permits that may be -- oh, excuse me. Madelyn Valdes, Public Facilities. All the permits that they may have in their possession -- Chair Sarnoff. Becomes City ofMiami documents. Ms. Valdes: -- would be tendered to the City. Yeah. Commissioner Dunn: At the point of -- at what point? I just want to be clear. Ms. Valdes: Well, if you don't approve the contract today, the agreement to enter the lease and so forth, that would happen. City ofMiami Page 12 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Commissioner Dunn: No, no, but even -- it was an -- Ms. Valdes: If there's a case of default. Commissioner Dunn: Okay. In that voluminous document? Ms. Valdes: Right. Commissioner Dunn: Okay. Mayor Regalado: Mr. Chairman, ifI may? Chair Sarnoff Yes, sir. The Mayor's recognized. Mayor Regalado: I need to understand from the City Attorney if -- now, Ms. [sic] May mentioned going to the State in 45 days. We might or we might not get in the agenda of the Cabinet in the next 45 days. So after we get in the agenda of the State Cabinet, whatever is done by the State Cabinet has to be approved by this Commission, and this Commission can approve or reject. So this is not a final decision, and we get to keep the check. That's my simple understanding. Right? Ms. Bru: Correct. There's a period of 45 days. After today, the City has an affirmative obligation during a period of 45 days to secure whatever, you know, approval we need to secure from the Cabinet. Once we get whatever the Cabinet determines needs to be the new conditions of the state waiver, if it's unacceptable to us, they have a period of 30 days to try to resolve it. At the expiration of that 30 day, then, you know, it will ultimately come back to this Commission to decide what to do. Mayor Regalado: But my question is -- we may not get in the agenda in the next 45 days since there is a general election coming in and their -- all the Cabinet members are in campaign mode, and it may or may not be a Cabinet meeting. So my question is if we are not sure of the 45 days. Ms. Bru: Well, that date was set based on our conversations with our legislative coordinator with Tallahassee. And there is a covenant of good faith in this agreement, so we have an obligation to try to get it done within the 45 days in good faith. Here's our legislative coordinator. Mayor Regalado: Okay. And what he says is that we can expect a full Cabinet in December. Commissioner Dunn: Okay. Mayor Regalado: So it's a little more than 45 days. And that was my issue, that it would -- probably, we would not get on the agenda. And after that, whatever the Cabinet rules have to be approved by you. And if we don't like -- you don't like that, number one, we get to keep the check, right? Ms. Bru: That money now -- after the action that's taken today, if it is in the affirmative, that money belongs to the City, unconditionally. Commissioner Gort: Mr. Chairman. Chair Sarnoff You're recognized for the record, Commissioner Gort. Commissioner Gort: My understanding -- andl want everybody to understand that my -- I'm not City ofMiami Page 13 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 too knowledge in real estate, but my understanding is when you put a down payment on a property and you have X'amount to close and if you don't close within those time given to you, you have the right to put some additional funds. Because this property's been holding out for 12 years or 10 years, something like that. So I want to make sure that they can comply with all of the regulations and all the documents and all the agreements that we have to and to -- they understand that this Commissioners -- I think previous Commissioner itself we've been very patience [sic] 'cause during the boom times, nothing took place. Meantime, that land sat there by itself with no use to us. They've been paying for the options to continue to have the option. That's what they've been paying for. But I want to make sure they know that if they're not in compliance of any of the agreements, you're not going to have my vote in the future. Chair Sarnoff. All right. Anyone else wishing to be heard from the Commission? All right, gentlemen, we have a motion, and we have a second. All in favor, please say aye." Commissioner Suarez: Aye. Commissioner Gort: Aye. Commissioner Dunn: Aye. Chair Sarnoff Aye. Vice Chair Carollo: No. Chair Sarnoff. One registered no. Mayor Regalado: Thank you. Chair Sarnoff All right. Thank you. ADJOURNMENT The meeting was adjourned at 5:14 p.m. City ofMiami Page 14 Printed on 10/25/2010