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Meeting Minutes
Monday, November 3, 2008
5:00 PM
This meeting was rescheduled due to the lack of quorum at the
October 27, 2008 meeting.
THE ICE PALACE AT BIG TIME PRODUCTIONS
59 N.W. 14TH STREET
MIAMI, FL. 33136
Midtown Community Redevelopment
Agency
Marc David Sarnoff, Chair
Angel Gonzalez, Vice Chair
Joe Sanchez, Commissioner
Thomas Regalado, Commissioner
Michelle Spence -Jones, Commissioner
CRA OFFICE ADDRESS:
49 NW 5th ST, SUITE 100, Miami, FL 33128
Phone: (305) 679-6800, Fax: (305) 679-6835
Midtown Community Redevelopment Agency
Meeting Minutes November 3, 2008
Present: Commissioner Regalado, Commissioner Spence -Jones and Chair Sarnoff
Absent: Vice Chair Gonzalez and Commissioner Sanchez
On the 3rd day of November 2008, the Board of Commissioners of the Midtown Community
Redevelopment Agency (MCRA) for the Midtown District of the City of Miami met in regular
session at the Ice Palace (at Big Time Productions), 59 NW 14th Street, Miami, Florida. The
meeting was called to order by Chair Sarnoff at 6: 25 p.m. and was adf ourned at 6: 43 p.m.
ALSO PRESENT:
James Villacorta, Interim Executive Director, CRA
Gail A. Dotson, Assistant General Counsel, CRA
Pamela E. Burns, Assistant Clerk of the Board
1. 08-01050 MCRA RESOLUTION
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE MIDTOWN
COMMUNITY REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENTS,
AUTHORIZING PAYMENT, IN AN AMOUNT NOT TO EXCEED $1,114,409,
TO THE MIDTOWN MIAMI COMMUNITY DEVELOPMENT DISTRICT, IN
ACCORDANCE WITH THE SECOND AMENDMENT TO THE INTERLOCAL
AGREEMENT DATED MAY 28, 2004; AUTHORIZING REIMBURSEMENT, IN
AN AMOUNT NOT TO EXCEED $81,708, TO THE CITY OF MIAMI FOR
COSTS INCURRED IN THE FORMATION AND OPERATION OF THE CRA;
APPROVING AND ADOPTING THE CRA'S AMENDED TAX INCREMENT
FUND BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2008
AND ENDING SEPTEMBER 30, 2009; DIRECTING THE EXECUTIVE
DIRECTOR TO TRANSMIT A COPY OF THE AMENDED BUDGETS TO THE
CITY OF MIAMI AND MIAMI-DADE COUNTY; FUNDS TO BE ALLOCATED AS
FOLLOWS: $1,114,409 FROM THE MIDTOWN TAX INCREMENT FUND,
"OTHER CURRENT CHARGES AND OBLIGATIONS," ACCOUNT CODE NO.
10000.920101.549000.0000.00000; AND $81,708 FROM GENERAL
OPERATING FUND, "INTERFUND TRANSFERS," ACCOUNT CODE NO.
10030.920101.891000.0000.00000.
cover memo 08-01050.pdf
Financial Form.pdf
Legislation.pdf
Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this
matter be ADOPTED PASSED by the following vote.
Votes: Aye: Commissioner Spence -Jones, Chair Sarnoff and Commissioner Regalado
Absent: Vice Chair Gonzalez and Commissioner Sanchez
MCRA-R-08-0003
Chair Sarnoff. All right. Now we open up the Midtown CRA (Community Redevelopment
Agency). Mr. Director.
Commissioner Spence -Jones: But don't you need --
James H. Villacorta (Interim Executive Director, Community Redevelopment Agency): Yes.
Commissioner Spence -Jones: -- three people?
Chair Sarnoff Two and a half works.
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Meeting Minutes November 3, 2008
Commissioner Spence -Jones: Okay, go 'head [sic].
Chair Sarnoff He's listening attentively over there.
Commissioner Spence -Jones: Do you -- I'm seeing Madam Clerk and she doesn't look too happy
about that.
Pamela E. Burns (Assistant Clerk of the Board): Just want to make sure that he's aware that
we're going to be discussing the Midtown.
Commissioner Spence -Jones: Okay.
Chair Sarnoff Commissioner Regalado, you can hear us perfectly over there, right?
Commissioner Regalado: Yes.
Chair Sarnoff I knew it.
Commissioner Spence -Jones: Okay.
Chair Sarnoff Just put on the record what we're doing, Jim.
Mr. Villacorta: Item number one is a resolution of the Board of Commissioners of the Midtown
Community Redevelopment Agency, with attachments, authorizing payment, in an amount not to
exceed $1,114, 409, to the Midtown Miami Community Development District in accordance with
the second amendment to the interlocal agreement dated May 28, 2004; authorizing
reimbursement, in an amount not to exceed $81,708, to the City of Miami for cost incurred in the
formation and operation of the Midtown CRA; and approving and adopting the CRA's amended
tax increment fund budget for the fiscal year commencing October 1, 2008 and ending
September 30, 2009; further directing the executive director to transmit a copy of the amended
budgets to the City of Miami and Miami -Dade County. This -- as you may recall, the Midtown
CRA was set up to fund a certain portion of the improvements in the Midtown project. The
Midtown Community Development District issued bonds to fund those improvements, and the
CRA makes a payment on those bonds with the TIF (Tax Increment Fund) increment that it
receives. The City of Miami has contributed roughly $81, 000 to the operation of this CRA prior
to the collection of the TIF, and the amended agreement with the community development
district, the City of Miami, and Miami -Dade County provides for the CRA to reimburse the City
for those costs. So what we're doing here is reimbursing the City for the cost of setting up the
CRA and paying over to the community development district the TIF collections that we've
received to date for use in paying down the bonds for construction of the parking garage and
plaza at the Midtown project.
Chair Sarnoff. Do I have a motion?
Commissioner Regalado: I will move it.
Commissioner Spence -Jones: Second.
Chair Sarnoff. Any discussion?
Commissioner Regalado: Okay. I mean, Midtown, we are all proud of it. It's important. It's
something that is making -- but my question is, what input does the CRA, this CRA, has in the
future planning or operation of Midtown? They have a separate board, right?
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Mr. Villacorta: Yes. The Midtown Community Development District is a -- has its own board
and controls its own affairs. The sole purpose of the Midtown CRA is to collect the tax
increment funds and pay them for -- over to the community development district that issued the
bonds for the purpose of retiring those bonds.
Commissioner Regalado: Right, and I know that, but my question is, what input can we have?
What could the area Commissioner or the next Commissioner, what the Mayor has in the big
plan of Midtown? I mean, what is the input that we have?
Mr. Villacorta: The Commissioner of that district and the Mayor of the City would have the
same input it would have in any other area of the City. The CRA itself has only one purpose, and
we pay --
Commissioner Regalado: And I understand.
Mr. Villacorta: -- those bonds.
Commissioner Regalado: And Jim, what I'm trying to say is that these are two separate entities -
Mr. Villacorta: Yes.
Commissioner Regalado: -- and, I mean, we pay, they decide. You decide?
Chair Sarnoff No. Let him change the tape.
Commissioner Regalado: Oh, I thought that you decide. No. So we pay --
Chair Sarnoff. I thought he was taking an order for (UNINTELLIGIBLE) --
Commissioner Regalado: But -- Okay, we're on. Here's why I'm saying this. Recently, I've
gotten several e-mails (electronic) from people around the Midtown area. They have issues
about the parking, and they have issues with maybe Miami Parking Authority and machines that
don't work or stores that don't have enough parking or excessive enforcement in front of
restaurants. These are the things that make or break a shopping center, and I figure that we,
area Commissioners, and the CRA, which, by the way, we pay, gladly, a lot of money, should
have some input at least to be consultant, at least to seek help because I don't know who these
people are, but -- the one on the board and this other parallel universe board. I don't know who
they are, but if they are not aware that there are serious issues with parking and enforcement
and traffic tickets, you know, they need to wake up because this is what damage the -- an area.
You get a ticket in front of the -- like I went on Midtown to what is called Two Brothers or --
Mr. Villacorta: Two [sic] Guys.
Commissioner Regalado: -- the hamburger --
Mr. Villacorta: Or Five Guys.
Commissioner Spence -Jones: Five Burgers [sic].
Commissioner Regalado: -- or Five Brothers [sicJ, okay. I only saw two. So -- but -- and then
there was a car park behind getting a traffic ticket, I mean, because overstay in the parking area.
That person was very upset. And I know, you know, you have to pay, but that -- those things we
don't have enough signage that says this is a parking area because, you know, the new machines
are very difficult to understand and people are used to the parking meters throughout the United
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States and throughout South Florida. So what I'm trying to say is that we need to, as a city, but
as a CRA that we are investing the money, get more involved in the success of Midtown because
if Midtown collapses, the CRA has a problem, and I'm not saying that it's going to collapse; I'm
just saying that we should not be, you know, doing friendly fire to the people that we are trying
to help. And this is why I'm asking about the other parallel -- which I -- personally, I think that
the area Commissioners and Mayor or mayor representative should be in that whatever board is
called.
Chair Sarnoff Well, the only -- some of this I'm not aware of so I'll be honest with you. I guess
if you get a parking ticket -- I don't like getting them at South Beach, so I guess I should talk to
Mattie Bower.
Commissioner Regalado: No, but what happen, Marc -- what happened Marc, is that when you
get a parking ticket, I mean, you say, oh, God, you know, I should have -- whatever, I'll pay. But
you're coming back, and you miss going back to the car for five minutes and you get another
parking -- you say, well, two is too much, and then you coming back. And it's a problem. We
need to be business friendly. We cannot say nobody's going to pay parking because that's not
the right thing to do. What I'm saying to you is that we should work things out with people in the
area, look what they need, look their concerns. And I'm telling you I think it's important. I know
of other areas that have the same issues, but I'm just saying this is so beautiful, so new, and so
promising that why damage it, you know.
Commissioner Spence -Jones: Commissioner Sarnoff, have you gotten a lot of complaints in your
office about the parking?
Chair Sarnoff No. As a matter of fact, the complaint we had about parking, which got resolved,
I'm going to say almost a year ago, was the issue of the parking garage and having free parking.
And actually, it was your predecessor, Art Teele, that went on the record demanding free
parking, and it was the first time I had seen, as a Commissioner, that something that's said on the
record doesn't necessarily get to the agreement stage. And we ended up, if I'm not mistaken, Jim,
coming up with an accommodation where I think the first hour is free.
Mr. Villacorta: Yes. Yeah, the first hour.
Chair Sarnoff. Which --
Mr. Villacorta: It was con -- some confusion over --
Chair Sarnoff Right.
Mr. Villacorta: -- whether public parking meant free parking.
Commissioner Regalado: Well, but I do remember that. And the reason that Art said that and
the reason that the Commission went along is because in the middle of this discussion about
Midtown and the $100 million that the City was giving this project, you know, we -- and Art was
-- we were trying to give the community something back --
Chair Sarnoff Right.
Commissioner Regalado: -- in terms of -- for not using that money for the rest of the
infrastructure but using it on that project. We were trying to give the community back -- and we
were trying to incentivize the stores over there. And parking was, for Art, always an issue, and
he was right. Parking, it is -- it's an issue. My daughter goes to Midtown all the time to Kmart
[sic] and all that, but she's okay going to Kmart [sic], but she has issues going to other areas of
Midtown because of the parking situation. So that's what I'm saying. I'm just saying that this -- I
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don't know what this board does. I don't know if it ever comes to the CRA to consult or to
complain.
Commissioner Spence -Jones: Have you ever participated, Marc, in any of those other meetings?
Chair Sarnoff No. As a matter of fact, I thought Commissioner Regalado's questions were
going to be much different. I remember -- and you all might remember this -- this was coming
before, I think, the City of Miami, where they wanted to change the zoning, if I'm not --
Commissioner Spence -Jones: Right.
Chair Sarnoff -- mistaken. They want to go more residen -- I'm sorry, less residential, more
commercial, and I thought that's the direction you were heading because we do have -- even
though we have a business development agreement there, I think they were either coming in for a
modification of the business development agreement, or they were coming in for a modification
of the zoning, which we, as a Commission, still have -- we govern those two -- one, the
agreement, and two, the zoning. So I really thought his question was going somewhere else. I'm
not absolutely familiar with the parking issue, other than what I discussed a moment ago. And
you know, I -- Midtown is what I call sort of like a self-sustaining issue, and as a -- the CRA
director, you know, our predecessors before us and, Commissioner, you, yourself you know, I
think it's a pretty good idea. I think it's turning out to be a great project. I've heard very few
complaints.
Commissioner Regalado: No, no. It's a great project, but we should help, not damage. That's
all I'm saying, that this parallel board should give us more input to the CRA. As a matter of fact,
we are the Midtown CRA.
Mr. Villacorta: Yes.
Commissioner Spence -Jones: Just as a suggestion, maybe perhaps -- 'cause I'm hearing this
from this whole discussion that there is a board that operates beyond this Midtown CRA --
Mr. Villacorta: Right.
Commissioner Spence -Jones: -- maybe you, as the chair of the Midtown CRA, if there's any way
maybe you can attend one of those meetings to come back and give us at least --
Chair Sarnoff I don't have a problem with that.
Commissioner Spence -Jones: Yeah, just so we know kind of you know, how much money is
actually being collected or what is actually going on or --
Chair Sarnoff But remember, that -- the CRA is designed to be a self-sustaining entity. As a
matter of fact, the $81, 000 that the City of Miami laid out --
Mr. Villacorta: Was because we weren't.
Chair Sarnoff -- is coming back right now because they should not have had to use that.
Commissioner Spence -Jones: Right.
Chair Sarnoff I mean, I don't mean to say out of sight and out of mind because none of our
districts should be out of sight or out of mina but we should never have an issue financially with
them because it was designed to take care of itself --
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Commissioner Spence -Jones: Right.
Chair Sarnoff -- through its own taxing, through its own TIF.
Commissioner Spence -Jones: We're just making a suggestion only because he --
Chair Sarnoff Oh, I have no problem with that.
Commissioner Spence -Jones: -- Commissioner Regalado feels that we need to at least be a little
bit more involved in it somehow to at least know what's going on with it. I think that's really
more of his recommendation than anything else.
Chair Sarnoff I have no problem with that.
Commissioner Spence -Jones: I do have -- Did we vote on this item yet?
Chair Sarnoff No. We need to -- I'm going to call the question. All in favor?
The Commissioners (Collectively): Aye.
Chair Sarnoff. Okay. Midtown CRA, motion to adjourn.
Commissioner Spence -Jones: I just have one comment in general.
Chair Sarnoff Then we could just talk.
Commissioner Spence -Jones: The -- this -- the only question I had was the million dollars in
affordable housing that we never got any answer from. Did you ever get the answer from
whether or not the million dollars ever went to the people in Wynwood?
Chair Sarnoff Yeah. That was one of those item discussions that never really made it to paper,
if I recall correctly. And what they ended up doing was a compromise -- I don't remember the
number off -- Do you remember the number off the top of your head?
Mr. Villacorta: I thought --
Commissioner Spence -Jones: They made a compromise?
Mr. Villacorta: I heard that they put a million into a condo conversion project that they had --
Chair Sarnoff Right.
Mr. Villacorta: -- in the area.
Commissioner Spence -Jones: But the -- but what never made it to paper, as you said, was
supposed to go directly towards the Wynwood --
Chair Sarnoff Correct.
Commissioner Spence -Jones: -- community, meaning there was supposed to be a million dollars
set aside either for down payment assistance or rehab --
Chair Sarnoff Rehabilitation was what I recall.
Commissioner Spence -Jones: Right.
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Chair Sarnoff And what they ended up doing -- Jim, you're going to have to help me with this --
'cause it was when Niesen Kasdin came before us as a Commission -- and I don't know why the
number 275 or $278,000 sticks in my mind.
Mr. Villacorta: I'm not sure of the exact amount. My understanding was they made a
contribution --
Chair Sarnoff I can -- I'll --
Mr. Villacorta: -- to --
Chair Sarnoff -- I can get a report to your office.
Commissioner Spence -Jones: Yeah, because that's the complaint that I was getting --
Chair Sarnoff No. I --
Commissioner Spence -Jones: -- because we share Wynwood. The complaint I got is that they
never got the million dollars, and here's a way that we can kind of use at least a little of our
leverage to say, well, what happened to these dollars that the residents of Wynwood -- this was
supposed to be --
Chair Sarnoff No, no. You're right.
Commissioner Spence -Jones: -- utilized for Wynwood.
Chair Sarnoff This was an issue -- I think it predates you.
Commissioner Spence -Jones: Right.
Chair Sarnoff I know it predates me -- where discussions were had --
Commissioner Spence -Jones: Right.
Chair Sarnoff -- once again, never made it to the agreement level --
Commissioner Spence -Jones: Oh, okay.
Chair Sarnoff -- there was no pen to paper, so to speak, it was just Commissioner's edicts that
never made it quite to the drafting stage or -- and I'm not throwing anyone under the bus --
whether the City Attorney -- it just didn't make it to the final agreement. But I do -- and I know
Jim was right when he said that there was some affordable component put on there, but in
addition to that, if I remember how the conversation -- I know he came in front of the
Commission, Niesen Kasdin, and I believe there was 200 -- and I don't know why I remember
this number, $278, 000 was set aside for exactly the rehabilitation product. I will get a report to
you as to --
Commissioner Spence -Jones: Yeah.
Chair Sarnoff -- how that resolved, but to satisfy yourself in your own mind, when we, as a
Commission, sit and make a requirement --
Commissioner Spence -Jones: Yes.
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Chair Sarnoff. -- we've got to be very clear that this is not a suggestion, but this is a requirement
and we need to see it in the agreement.
Commissioner Spence -Jones: No, I agree. I agree.
Mr. Villacorta: And all that was done prior to the creation of the Midtown CRA.
Chair Sarnoff No. I --
Commissioner Spence -Jones: Okay. All right, so we adjourn this meeting officially?
Chair Sarnoff Yeah. Motion to adjourn.
Ms. Burns: Mr. Chair, we have a motion, but no second for a vote to adjourn.
Commissioner Spence -Jones: Second.
Chair Sarnoff All in favor?
Commissioner Spence -Jones: All in --
The Commissioners (Collectively): Aye.
Chair Sarnoff Thank you.
Commissioner Spence -Jones: Just want to remind everyone that has not voted to please vote
tomorrow. You should have early voted already.
A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and
was passed unanimously, with Vice Chair Gonzalez and Commissioner Sanchez absent, to
adjourn today's meeting.
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