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HomeMy WebLinkAboutOMNI CRA 2010-09-20 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Monday, September 20, 2010 5:00 PM Miami City Hall 3500 Pan American Drive Miami, Florida OMNI Community Redevelopment Agency Marc David Sarnoff, Chairman Francis Suarez, Vice -Chairman Wifredo (Willy) Gort, Commissioner Frank Carollo, Commissioner Richard P. Dunn II, Commissioner CRA OFFICE ADDRESS: 49 NW 5th ST, SUITE 100, Miami, FL 33128 Phone: (305) 679-6800, Fax: (305) 679-6835 OMNI Community Redevelopment Agency Meeting Minutes September 20, 2010 ORDER OF THE DAY FINANCIALS 1. 10-01074 Present: Commissioner Gort, Commissioner Dunn II, Chair Sarnoff and Commissioner Carollo Absent: Vice Chair Suarez On the 20th day of September 2010, the Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency of the City of Miami met in regular session at Miami City Hall, 3500 Pan Amerian Drive, Miami, Florida. The meeting was called to order by Chair Sarnoff at 6: 35 p.m. and was adjourned at 7: 00 p.m. ALSO PRESENT: Pieter Bockweg, Executive Director, CRA Bert Gonzalez, Assistant Executive Director, CRA Julie O. Bru, General Counsel, CRA Priscilla A. Thompson, Clerk of the Board Pamela L. Latimore, Assistant Clerk of the Board Chair Sarnoff Mr. Joseph, you're recognized for the record. Fred Joseph: Not on 2. With respect to the Chair, would you tell us what you're deferring -- Chair Sarnoff Oh, I'm sorry. We're going to defer -- Mr. Joseph: -- so that we can leave if we don't wish to -- Chair Sarnoff Fair enough. Mr. Joseph: -- be here and wait to find out when you get to it. Chair Sarnoff. All right. We'll defer -- we're going to defer 10 -- CRA (Community Redevelopment Agency) 10 and CRA 11. Pieter Bockweg (Executive Director, Community Redevelopment Agency): Commissioner, and -- Mr. Chairman, and number 4. Chair Sarnoff Oh, and -- is that getting deferred? All right, number 4 as well. So everybody got that? Four, ten, and eleven. CRA REPORT FINANCIAL SUMMARY THROUGH AUGUST 31, 2010. File # 10-01074 Financial Summary 09-20-2010.pdf PRESENTED Chair Sarnoff. August -- I'm sorry, September 20, 2010 Omni CRA (Community Redevelopment Agency) meeting. I understand that we're going to start with financials. Can I get a financial report? Miguel Valentin (Financial Officer, Community Redevelopment Agency): Good evening again. I'm going to be presenting the combined statement of financial position as of August 31, 2010 City of Miami Page 2 Printed on 3/23/2011 OMNI Community Redevelopment Agency Meeting Minutes September 20, 2010 RESOLUTIONS 2. 10-01075 for the Omni CRA. We are going -- I want to put on record that the cash balance is 35, 665, 537. That amount has been allocated toward projects. And also, I wanted to put on record that there is no reportable condition to report to the board. Chair Sarnoff All right. Any board members have any questions? CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA") AMENDING THE CRA PERSONNEL POLICIES AND PROCEDURES MANUAL TO REQUIRE ALL CRA EMPLOYEES TO ATTEND AT LEAST ONE ETHICS COURSE PER THREE-YEAR PERIOD AND NEWLY -HIRED EMPLOYEES TO ATTEND AT LEAST ONE ETHICS COURSE NO LATER THAN SIX MONTHS AFTER THEIR HIRE DATE. File # 10-01075 Cover Memo 09-20-2010.pdf File # 10-01075 Legislation 09-20-2010.pdf File # 10-01075 Legislation (2) 09-20-2010.pdf Motion by Board Member Dunn II, seconded by Board Member Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: Commissioner Gort, Commissioner Dunn II and Chair Sarnoff Absent: Commissioner Carollo and Vice Chair Suarez CRA-R-10-0071 Chair Sarnoff Item number 2, the reso. Pieter Bockweg (Executive Director, Community Redevelopment Agency): Commissioner -- Mr. Chairman, this is a resolution requiring all current employees and new hirees to take the ethics course that is provided by the City. Chair Sarnoff All right. Is there a motion? Commissioner Dunn: Move it. Chair Sarnoff. Motion by Commissioner Dunn. Commissioner Gort: Second. Chair Sarnoff Second by Commissioner Gort. Public hearing. Anybody from the public wishing to be heard on CRA 2, please step up. [Later...] Chair Sarnoff All right, let's go back to CRA 2. Anyone from the general public wishing to be heard on CRA 2, please step up. Hearing none, seeing none, the public hearing is now closed. Gentlemen, we have a motion and we have -- Commissioner Dunn: So move -- Chair Sarnoff -- a second. All in favor, please say "aye. " City of Miami Page 3 Printed on 3/23/2011 OMNI Community Redevelopment Agency Meeting Minutes September 20, 2010 3. 10-01076 The Commissioners (Collectively): Aye. CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENTAGENCY, WITH ATTACHMENT(S), DE -ALLOCATING $207,921 IN UNUSED FUNDS ASSOCIATED WITH PREVIOUSLY AUTHORIZED PROJECTS, AS MORE SPECIFICALLY SET FORTH IN ATTACHMENT "A." File # 10-01076 Cover Memo 09-20-2010.pdf File # 10-01076 Legislation 09-20-2010.pdf File # 10-01076 Attachment A 09-20-2010. pdf File # 10-01076 Legislation (2) 09-20-2010.pdf Motion by Board Member Dunn II, seconded by Board Member Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: Commissioner Gort, Commissioner Dunn II, Chair Sarnoff and Commissioner Carollo Absent: Vice Chair Suarez CRA-R-10-0072 Chair Sarnoff. CRA 3, please. Pieter Bockweg (Executive Director, Community Redevelopment Agency): Commissioner, this is a de -allocation of funds in the amount of 207,921. I found going through the books when I was appointed that there were some projects that have been completed but there was still money allocated to those projects, and this is a reso to de -allocate those. Chair Sarnoff. And those are set forth in Attachment A? Mr. Bockweg: That's correct. Chair Sarnoff All right. Is there a motion? Commissioner Dunn: Move it. Chair Sarnoff. Motion by Commissioner Dunn. Commissioner Gort: Second, discussion. Chair Sarnoff. Second by Commissioner Gort. And he's recognized for the record. Commissioner Gort: Those funds are not been committed, have they? Mr. Bockweg: I'm sorry, Commissioner. Commissioner Gort: Those funds have not been committed. Mr. Bockweg: I'm sorry. I didn't hear you. Commissioner Gort: The funds that you have here, the 207, they're not committed? Mr. Bockweg: As of right now -- City of Miami Page 4 Printed on 3/23/2011 OMNI Community Redevelopment Agency Meeting Minutes September 20, 2010 4. 10-01115 5. 10-00690 Commissioner Gort: As of right now it's not -- Mr. Bockweg: -- there is an item on the agenda corning up that will commit those funds to the beautification of the southern portion of the Omni. Commissioner Gort: Okay. Thank you. Mr. Bockweg: The grant program. Chair Sarnoff. All right. Anyone from the general public wishing to be heard on CRA 3, please step up. Hearing none, seeing none, the public hearing is now closed,. corning back to the Commission. Gentlemen, we have a motion, we have a second. All in favor, please say aye." The Commissioners (Collectively): Aye. CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AMENDING RESOLUTION NO. CRA-R-08-0049 TO REDUCE THE TOTAL FUNDS AUTHORIZED FROM $6.5 MILLION TO $5 MILLION; AMENDING RESOLUTION NO. CRA-R-08-0065 TO REDUCE THE TOTAL FUNDS AUTHORIZED FROM $4 MILLION TO $3.5 MILLION; AMENDING RESOLUTION NO. CRA-R-07-0056 TO REDUCE THE TOTAL FUNDS AUTHORIZED FROM $5 MILLION TO $4 MILLION. File # 10-01115 Cover Memo 09-20-2010.pdf File # 10-01115 Backup 09-20-2010.pdf File # 10-01115 Legislation 09-20-2010.pdf File # 10-01115 Legislation (2) 09-20-2010.pdf File 10-01115 Cover Memo 09-27-2010.pdf File 10-01115 Backup 9-27-2010.pdf File 10-01115 Legislation 9-27-2010.pdf DEFERRED CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING EXPENDITURES AND GRANTS, IN AN AMOUNT NOT TO EXCEED $50,000, IN SUPPORT OF 2010 ART BASEL-RELATED EVENTS WITHIN THE REDEVELOPMENT AREA; PROVIDING THAT ANY EXPENDITURE OR GRANT IN EXCESS OF $4,500 SHALL BE BROUGHT BEFORE THE BOARD FOR RATIFICATION; AUTHORIZING THE EXECUTIVE DIRECTOR, AT HIS DISCRETION, TO DISBURSE GRANT FUNDS ON A REIMBURSEMENT BASIS OR DIRECTLY TO SUB -GRANTEES AND VENDORS, UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION; FURTHER AUTHORIZING THE EXECUTION OF ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO GENERAL COUNSEL; ALLOCATING FUNDS FROM OMNI TAX INCREMENT FUND, "OTHER GRANTS AND AIDS," ACCOUNT CODE NO. City of Miami Page 5 Printed on 3/23/2011 OMNI Community Redevelopment Agency Meeting Minutes September 20, 2010 10040.920101.883000.0000.00000. File # 10-00690 Cover Memo 09-20-2010.pdf File # 10-00690 Financials 09-20-2010.pdf File # 10-00690 Legislation 09-20-2010.pdf File # 10-00690 Legislation (2) 09-20-2010.pdf Motion by Board Member Dunn II, seconded by Board Member Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: Commissioner Gort, Commissioner Dunn II, Chair Sarnoff and Commissioner Carollo Absent: Vice Chair Suarez CRA-R-1 0-0073 Chair Sarnoff. So now it's CRA (Community Redevelopment Agency) 5. Chelas Arscott (Program Administrator): Chelsa Arscott, CRA. Item number 5 is a resolution of the Board of Commissioners of the Omni CRA authorizing expenditures and grants in an amount not to exceed $50, 000 in support of 2010 Art Basel -related events within CRA, provided that any expenditure or grant in excess of $4, 500 shall be brought before the Board for ratification. Again, the CRA is looking to assist those entities that are looking to host exhibitions in the visual or performing arts during the period of December 2 through December 5, 2010, which coincides with the Art Basel period and with the criteria that the event shall be for a minimum of two days during the exhibition period and it's open to the general public. Chair Sarnoff. All right. CRA 5, is there a motion? Commissioner Dunn: Move it. Chair Sarnoff Motion by Commissioner Dunn. Commissioner Gort: Second. Commissioner Carollo: Second. Chair Sarnoff Second by the Vice Chair. Priscilla A. Thompson (Clerk of the Board): I'm sorry. Chair Sarnoff Let me open up a -- Ms. Thompson: That's your -- I'm sorry, that item is number 5. Thank you. I'm sorry. Chair Sarnoff Ms. Eisenberg, I got it right. All right, CRA 5. Anyone from the general public wishing to be heard on CRA 5, please step up. Mr. Joseph, you're recognized for the record. Fred Joseph: I misunderstood the quote of the amount that the young lady said. Ms. Arscott: The total amount is for $50, 000. Mr. Joseph: Okay, thank you. And that is to the general public? Chair Sarnoff It's for people -- Mr. Joseph: It's free this year? Everything will be free to the general public as we were promised? Any event we sponsor will be free to the general public? City of Miami Page 6 Printed on 3/23/2011 OMNI Community Redevelopment Agency Meeting Minutes September 20, 2010 Chair Sarnoff. All right. Let me ask that question. Is any event that we sponsor free to the general public? Commissioner Gort: That's a good question. Mr. Bockweg: I think the word sponsor is not accurate. I think the correct word is any event that we provide a grant to is free. Mr. Joseph: Okay. That -- thank you. Mr. Bockweg: Well, I'm saying that that's what you're referring to as far as -- Mr. Joseph: Yes. Mr. Bockweg: I think you mean a grant, not a sponsor. Mr. Joseph: Yes, anything they don't pay back. Yes, grant. Mr. Bockweg: That is something that we'll take into consideration when we take a look at the grant applications. That is not something that I have considered. Commissioner Gort: Well -- Mr. Joseph: All this in Omni? Mr. Bockweg: That's correct. They will be all in Omni. Mr. Joseph: Thank you. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized for the record. Mr. Joseph: Is that what the Chairman's asking as well? I mean -- Chair Sarnoff Yeah. We can amend it to do that, sure. Commissioner Carollo: And that's not to exceed 50,000. Not to exceed 50,000. Mr. Joseph: Thank you. Chair Sarnoff All right. Mr. Bockweg: Commissioner -- Commissioner Gort: I have a question. Chair Sarnoff Commissioner Gort's recognized. Commissioner Gort: Correct me ifI'm wrong, but when you made your presentation for the same funding, a grant for the Overtown/Park West, you did mention that the events were free to the public. City of Miami Page 7 Printed on 3/23/2011 OMNI Community Redevelopment Agency Meeting Minutes September 20, 2010 6. 10-01100 Ms. Arscott: I said it had to be open to the general public. Commissioner Gort: Oh, open to -- Ms. Arscott: It can't be a special VIP (Very Important Person), you know, with the sort of criteria that would restrict. Chair Gort: Oh, okay. Chair Sarnoff. Who's the maker of the motion? Commissioner Dunn: I was. Chair Sarnoff Would the maker accept that -- Commissioner Dunn: Yes. Chair Sarnoff -- if the CRA provides a grant, which would be a non -reimbursable -type expenditure, that the event must be free to the general public? Commissioner Dunn: Yes. Chair Sarnoff Does the seconder accept? Commissioner Carollo: Yes. Chair Sarnoff All right. Anyone else in the public wishing to be heard on CRA 5? Hearing none, seeing none, the public hearing is now closed. Gentlemen, we have a motion, we have a second. All in favor, please say bye." The Commissioners (Collectively): Aye. CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING EXPENDITURES AND GRANTS, IN A TOTAL AMOUNT NOT TO EXCEED $250,000, IN SUPPORT OF THE FILM, MEDIA ENTERTAINMENT, AND FILM -SUPPORT BUSINESSES WITHIN THE REDEVELOPMENT AREA; PROVIDING THAT ANY EXPENDITURE OR GRANT IN EXCESS OF $4,500 BE BROUGHT TO THE BOARD FOR APPROVAL OR RATIFICATION; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS, AT HIS DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO SUB -GRANTEES AND VENDORS, UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION; FURTHER AUTHORIZING THE EXECUTION OF ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO GENERAL COUNSEL; ALLOCATING FUNDS FROM OMNI TAX INCREMENT FUND, "OTHER GRANTS AND AIDS," ACCOUNT CODE NO. 10040.920101.883000.0000.00000. City of Miami Page 8 Printed on 3/23/2011 OMNI Community Redevelopment Agency Meeting Minutes September 20, 2010 7. 10-01085 File # 10-01100 Cover Memo 09-20-2010.pdf File # 10-01100 Financials 09-20-2010.pdf File # 10-01100 Backup 09-20-2010.pdf File # 10-01100 Legislation 09-20-2010.pdf File # 10-01100 Legislation (2) 09-20-2010.pdf File 10-01100 Cover Memo 10-14-2010.pdf File 10-01100 Legislation (2) 10-14-2010.pdf Motion by Board Member Carollo, seconded by Board Member Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: Commissioner Gort, Commissioner Dunn II, Chair Sarnoff and Commissioner Carollo Absent: Vice Chair Suarez Chair Sarnoff CRA (Community Redevelopment Agency) number 6. Chelas Arscott (Program Administrator, Community Redevelopment Agency): Item number 6 is a resolution of the Board of Commissioners of the Omni CRA authorizing expenditures and grants, in a total amount not to exceed $250, 000, in support of the film, media entertainment, and film support businesses within the CRA; providing that any expenditure or a grant in excess of $4, 500 be brought to the board for approval or ratification. Chair Sarnoff I suspect, Pieter, that the best thing to do is bring this one back as well, but want to give you some -- a little guidance on this one. And that is I'd like to see it as a loan, a securitized loan, if you're going to go to the private industry. And if it's not going to be a securitized loan and it's going to be a grant, then I want to see job creation to that grant. Commissioner Carollo: Move to defer. Commissioner Dunn: Second. Chair Sarnoff We have a motion and we have a second to defer. Any discussion, gentlemen? Hearing no discussion, all in favor, please say aye." " The Commissioners (Collectively): Aye. CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE ISSUANCE OF A GRANT, IN AN AMOUNT NOT TO EXCEED $160,000, TO THE CITY OF MIAMI, TO ASSIST IN THE PAYMENT OF ITS ANNUAL FACILITY FEE FORA $50 MILLION IRREVOCABLE STANDBY LETTER OF CREDIT FROM WELL FARGO BANK, N.A., OBTAINED FOR THE MIAMI PORT TUNNEL PROJECT; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS, AT HIS DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS, UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, IN FORM ACCEPTABLE TO GENERAL COUNSEL; ALLOCATING FUNDS FROM OMNI TAX INCREMENT FUND, "OTHER GRANTS AND AIDS," ACCOUNT CODE NO. 10040.920101.883000.0000.00000. City of Miami Page 9 Printed on 3/23/2011 OMNI Community Redevelopment Agency Meeting Minutes September 20, 2010 File # 10-01085 Cover Memo 09-20-2010.pdf File # 10-01085 Financials 09-20-2010.pdf File # 10-01085 Backup 09-20-2010.pdf File # 10-01085 Legislation 09-20-2010.pdf Motion by Board Member Dunn II, seconded by Board Member Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: Commissioner Gort, Commissioner Dunn II, Chair Sarnoff and Commissioner Carollo Absent: Vice Chair Suarez CRA-R-1 0-0074 Direction by Commissioner Gort to the Executive Director to provide a historical presentation of the Omni Redevelopment District Community Redevelopment Agency (CRA), to include its initial funding and the CRA's accomplishments from its inception. Chair Sarnoff. CRA (Community Redevelopment Agency) 7. Jamil Fraser (Staff Counsel): Jamil Fraser, CRA. Item number 7 is a resolution of the Board of Commissioners of the Omni CRA authorizing the issuance of a grant, in an amount not to exceed $160, 000, to the City of Miami to assist in the payment of its annual facility fee for a $50 million irrevocable standby letter of credit from Wells Fargo Bank obtained for the Miami Port Tunnel project. The City -- this letter of credit the City have in the amount of $50 million as an annual facility fee that's paid in quarterly amounts. The City has requested that the CRA fund the extension that would allow that credit -- letter of credit to extend until January of 2011. Chair Sarnoff All right. Mr. Fraser: Mr. Spring is here if you have any questions about how they came up with that figure. Chair Sarnoff Mr. Spring, this is the precursor to bonding, I hope? Larry Spring: Larry Spring, chief financial officer, City of Miami. Yes, Commissioner, it is. In the port tunnel agreement that we -- that was approved by the City, the State, and Miami -Dade County, there was an obligation to carry a letter of credit to back up the City's contribution to the project. As we went through the development of the global agreement and decided that the funding would come from the CRA, we've since expanded the areas and boundaries to include the project. This obligation remains. For the first year, this obligation was paid by outside third party associated with the project. We will have -- we've asked for a 90-day extension from the bank while we contin -- you know, go through our bonding process. That 90 days would expire around January 9. The bank has already granted the extension at the same rate, same terms. The 160 is an estimate. It's 125 basis points on $50 million, which turns out to be approximately $156,250 to be exact, but we've requested 160 just to be safe. Chair Sarnoff. Are you going to be in a position to bond in 90 days? Mr. Spring: We have been working very closely with bond counsel and the CRA staff where we are -- I think we might miss that 90-day deadline, but in the -- and it has nothing to -- it has more to do with the process of pulling all of the legal documentation, the recreation, the validation of the CRA 'cause there's never been a Omni CRA bond put together in the history of the CRA. What we've done as a contingency, Commissioner, so that you can hopefully be happy -- City of Miami Page 10 Printed on 3/23/2011 OMNI Community Redevelopment Agency Meeting Minutes September 20, 2010 Chair Sarnoff. I'm always happy. Mr. Spring: -- the lead underwriting bank, Royal Bank of Canada, has approached the City about doing a bridge loan to front funds, just like we did with the Marlins garage project, so we can finish the transaction, which would allow us to eliminate the requirement of the letter of credit, but that's kind of where we are right now today. Commissioner Gort: Mr. Chairman. Chair Sarnoff You're rec -- Mr. Spring: And it's been a long process. Chair Sarnoff Commissioner Gort's recognized. Commissioner Gort: This is the first time the -- they're going to do an issue, right? Mr. Spring: This is the first time Omni ever did an issuance, which is why we're having to go and recreate -- Commissioner Gort: That would take a little longer -- Mr. Spring: -- some -- Commissioner Gort: -- yes. They have to settle -- yeah. Mr. Spring: Right. Commissioner Dunn: Mr. Chair. Chair Sarnoff Yes, sir. Commissioner -- Commissioner Dunn: I have a question for Mr. Springs [sic]. In reference to that bridge loan, it's going to be similar in terms of interest that --? Mr. Spring: We haven't gone through any terms. This was -- they were -- RBC (Royal Bank of Canada) was co -senior manager on our Marlins deal and they saw what Merrill Lynch did for us so they just kind of tentatively said, hey, if you find yourselves in a situation, the bank is willing to do something, but we got to talk about terms. Obviously, on our side we would love to get similar, maybe better terms. Commissioner Gort: Better terms. We need to get better terms. Mr. Spring: But we are -- we're working -- and I have to say this and put it on the record. It's not fault of the staff or anything. It's just imagine looking at the notices that went out to the taxing authorities back in 1986, finding every resolution, all the minutes of the public meeting that were done to create the CRA over 20 years ago and having to put all that documentation together with bond counsel so they can make a determination as to whether we need to validate or not and they've been working. Chair Sarnoff Are they working as hard as they can? Mr. Spring: I believe they are certainly working as hard as they can. City of Miami Page 11 Printed on 3/23/2011 OMNI Community Redevelopment Agency Meeting Minutes September 20, 2010 Chair Sarnoff Okay. Mr. Spring: And the CRA staff, for that matter. You know, you're pulling boxes from storage and it's not like a slam dunk type of analysis here. Chair Sarnoff All right. Commissioner Gort: You're able to get to the records? Mr. Spring: Yes. We're able to get -- Commissioner Gort: They're not in Broward? Mr. Spring: They are, but we've come to settlement with Iron Mountain, so they've been releasing boxes. Commissioner Gort: Oh, good. I should be able to get my questions answered. Mr. Spring: Actually, yeah. Commissioner Dunn: Mr. Chair, last -- Chair Sarnoff Let me open up a public hearing, Commissioner Dunn. Mr. Joseph, you're recognized for the record. Fred Joseph: Commissioner, ifI recall correctly -- and I don't want to nitpick about $160, 000. That's like nothing compared to what we've committed to. But you also made a very pointed issue about we're giving the land, we're going to give the $150 million, are we going to be nitpicked for 160,000? Isn't some other mechanism a better way for the public that's watching this to see this CRA work? I mean, $160,000 or 100,000 if he only needs 100 more days or 200,000 if he needs 200 days. Somebody should be coming forth and saying this is what you going to need. You have a reserve or this is out of the 50 million, 'cause you were the one that said are they going to come back after us and over and over. I mean, even for a little bit, but they keep nibbling on us, there's no more cheese eventually. Chair Sarnoff Well, either way, even if we bonded it, if we were to look at ourselves at a 90-day period of what the interest rate would be, it would be substantially the same thing. It's a nuisance, I agree with you, to have to come back and keep asking for it. I want to see the bond happen not because -- actually, to Larry's credit, to the City Manager's credit, I mean, they got some terms I never thought they could get from a bank in terms of basis points that you've been getting. Mr. Spring: Yeah. I mean -- Mr. Joseph: Well, they can get it for -- I'm sorry. I didn't mean to interrupt you. But they're going to get it from the City that's -- they won't get it. They get it from the CRA that's flush, yeah, they'll give you great rates. That's why the CRA's writing it. Chair Sarnoff Well, I'm surprised at the basis points they're getting, but you know, I'm -- maybe this isn't my expertise. I like the terms Larry's been able to get. You did the great job on the Marlins stadium for the parking garage. The basis points here that we had before was a great job and this is a great job. I hear what you're saying, Mr. Joseph. I don't want to see this come in front of us again. I'd like to get the bonding done. I'd like to get a lot of the projects, you know, bonded, and we can all look at -- and at least understand what the next three to five City of Miami Page 12 Printed on 3/23/2011 OMNI Community Redevelopment Agency Meeting Minutes September 20, 2010 years -- Mr. Joseph: Is going to cost us. Chair Sarnoff -- the Omni looks like. Well, I think you're talking about fees and -- Mr. Joseph: No. I'm just saying the general overall 'cause you made the point. We're going to give you 50 million. Don't come back and ask for us over and over and over because the public starts thinking -- Chair Sarnoff It's the same 50 million that we promised, I guess, two years ago now. Mr. Spring: Correct. And if you'll allow me to put that on the record. The contribution that we have under the port tunnel agreement is a notional $50 million. This obligation to carry the security was also part of that agreement that the Commission at the time that was in place approved it. It was very well noted on the record. It was pretty clear that this -- we would have to carry the security until we actually made the contribution. Obviously, it was a very hard sticking point to me because this is a intergovernmental interlocal between three governments and one of those governments gives the City somewhere upwards of $50 million in state -shared revenues every year so why do we need to carry this extra security, but we have to do it so -- Chair Sarnoff Well, I think the distinction being that you also have a -- look at your equity partner. I mean, your equity -- Mr. Spring: There's -- right. Chair Sarnoff Let's face it -- Mr. Spring: Right. Chair Sarnoff -- the tunnel project is the most sophisticated contract probably ever written in all of the state of Florida. Mr. Spring: Absolutely. Chair Sarnoff. And that document is going to be the document that anyone that's ever going to do business with anyone in the state of Florida that wants to get into a public private partnership is going to harvest 80 percent of that document and use. Mr. Spring: Yeah. Chair Sarnoff It is so technically proficient, it makes almost every other agreement seem archaic by comparison. So you have a French company coming in and it may like Larry Spring and it may respect Carlos Migoya, but they do understand a letter of credit. Mr. Spring: Correct. Commissioner Gort: Mr. Chairman. Chair Sarnoff. I know Commissioner Dunn wanted to speak. No? Commissioner Gort, you're recognized. Commissioner Gort: I'd like to give a suggestion. I can see the point that is being brought here. And in the next report that you're going to give the publicity report and so on, I think they City of Miami Page 13 Printed on 3/23/2011 OMNI Community Redevelopment Agency Meeting Minutes September 20, 2010 should go maybe into when we first began with the CRA, the funding that it had at that time and what we have accomplished, what the CRA have accomplished up to today. I think it'll be very important for people to see that. Chair Sarnoff. Are you -- where's our CRA media guy? Where's your media guy? Commissioner Dunn: He's back there. Chair Sarnoff He's asking -- Commissioner Gort's asking for a historical. Can you work on a historical piece that can start with what the increment was --? 'Cause Southeast Overtown/Park West in the beginning stages, the first seven to ten years, the increment was so small, I don't even know why you attended a meeting, and I don't mean that disrespectfully. Omni wasn't that big, but Omni has gotten to be a bigger one and I think what Commissioner Gort's saying is let's -- what have we built, what programs have we funded, how much of the money have we spent, just to give us a historical basis. David Karsh (Director of Communications and Media Relations, Community Redevelopment Agency): Okay, will do. Chair Sarnoff Good pictorials, David. Get with GSA (General Services Administration). Mr. Fraser: Mr. Chairman, if I may, I'm sorry. Just want to put on the record that the item that you will be voting on right now, it has been amended. What's before you was not distributed in the initial agenda packet. There is a whereas clause that was removed from the original resolution, so you'll be voting on this item as amended and what you -- with what you have before you. Chair Sarnoff The maker accept the amendment? Commissioner Dunn: Yes. Chair Sarnoff Seconder accept? Priscilla A. Thompson (City Clerk): We didn't -- Commissioner Gort: What's the amendment? Commissioner Dunn: Who made --? Yeah -- I think I did. Ms. Thompson: We didn't have -- Commissioner Dunn: We didn't do it? Chair Sarnoff Oh, we didn't have a motion. There you go. Commissioner Dunn: Okay. Chair Sarnoff Let's -- there you go, as amended. So could I get a motion? Commissioner Dunn: Mr. Chairman, so move. Chair Sarnoff We have a motion -- Commissioner Dunn: But I -- City of Miami Page 14 Printed on 3/23/2011 OMNI Community Redevelopment Agency Meeting Minutes September 20, 2010 Chair Sarnoff. -- by Commissioner Dunn. Commissioner Dunn: One -- Chair Sarnoff Is there a second? Commissioner Dunn: Yeah. Chair Sarnoff And I'll -- Commissioner Gort: Second. Chair Sarnoff -- recognize you. Commissioner Gort has the second. Commissioner Dunn, you're recognized. Commissioner Dunn: Very quickly, Mr. Springs [sic], just -- is this a one-time event? Mr. Spring: That -- again, with the process, yes, it is our intent for this to be one time. In fact, I would have preferred not to even have to do this 'cause I don't like having a letter of credit in place and neither does the Manager -- Commissioner Gort: Yeah. Mr. Spring: -- but we're here. Chair Sarnoff All right. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized, Commissioner Carollo. Commissioner Carollo: Yes. I'm going to support this. However, what's the amendment? What's the additional whereas or --? I just don't want to vote for something that's been amended and just say, as amended, which I -- where I don't know what the amendment is. Mr. Fraser: Sure. The -- there was a whereas clause -- the one that was removed stated that in the interlocal agreement, the global agreement that was dated back in December 31, 2007, that the CRA agreed to fund the City's contribution towards the project up to $88 million. That's a misstatement. Commissioner Carollo: Okay, I see it. So as amended means we're going to remove that whereas? Mr. Fraser: We're removing that whereas. Commissioner Carollo: Okay. Commissioner Gort: We're removing that 88 million. Mr. Fraser: I'm sorry? Commissioner Gort: Gotcha. City of Miami Page 15 Printed on 3/23/2011 OMNI Community Redevelopment Agency Meeting Minutes September 20, 2010 8. 10-01077 Mr. Fraser: Okay. Chair Sarnoff. All right. We have a motion -- well, let me close the public hearing. Anyone else wishing to be heard? Public hearing is now closed; corning back to the Commission. We have a motion and we have a second, as amended. All in favor, please say "aye." The Commissioners (Collectively): Aye. CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING EXPENDITURES AND GRANTS, IN A TOTAL AMOUNT NOT TO EXCEED $250,000, FOR THE OVERALL BEAUTIFICATION OF THE SOUTHERN PORTION OF THE OMNI REDEVELOPMENT AREA; PROVIDING THAT ANY EXPENDITURE OR GRANT IN EXCESS OF $4,500 BE BROUGHT TO THE BOARD FOR APPROVAL OR RATIFICATION; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS, AT HIS DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO CONTRACTORS AND VENDORS, UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION; FURTHER AUTHORIZING THE EXECUTION OF ALL DOCUMENTS NECESSARY OF SAID PURPOSE, IN A FORM ACCEPTABLE TO GENERAL COUNSEL; ALLOCATING FUNDS FROM OMNI TAX INCREMENT FUND, "OTHER CONTRACTUAL SERVICES," ACCOUNT CODE NO. 10040.920101.543000.0000.00000. File # 10-01077 Cover Memo 09-20-2010.pdf File # 10-01077 Financials 09-20-2010.pdf File # 10-01077 Legislation 09-20-2010.pdf File # 10-01077 Legislation (2) 09-20-2010.pdf File 10-01077 Cover Memo 10-14-2010.pdf File 10-01077 Financial Form 10-14-2010.pdf File 10-01077 Backup 10-14-2010.pdf File 10-01077 Legislation 10-14-2010.pdf File 10-10-01077 Legislation (2) 10-14-2010.pdf Motion by Board Member Carollo, seconded by Board Member Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: Commissioner Gort, Commissioner Dunn II, Chair Sarnoff and Commissioner Carollo Absent: Vice Chair Suarez ChairSarnoff. Okay, number 8, CRA (Community Redevelopment Agency) 8. H. Bert Gonzalez: Good evening, Chairman and board members. My name is Bert Gonzalez. I'm the assistant director for the Omni CRA. Mr. Chairman, just for clarification, this is a sister -- or an accompanying to the Overtown/Park West item number 9. Do you wish to defer or --? Commissioner Gort: Yes. Commissioner Carollo: Yes. Chair Sarnoff. Let's bring it back with the exact same criteria that we're going to bring back for the Southeast Overtown/Park West. City of Miami Page 16 Printed on 3/23/2011 OMNI Community Redevelopment Agency Meeting Minutes September 20, 2010 9. 10-01089 Mr. Gonzalez: Very well. Chair Sarnoff All right, so let me get a motion to defer. We have a -- Commissioner Carollo: So move. Commissioner Dunn: So move. Chair Gort: Move it. Chair Sarnoff -- motion by the Vice Chair, second by Commissioner Dunn. All in favor, please say Eye." The Commissioners (Collectively): Aye. CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENTAGENCY AMENDING RESOLUTION NO. CRA-R-10-0043 AUTHORIZING THE ISSUANCE OF A GRANT TO THE CITY OF MIAMI FOR THE DEMOLITION OF THE CAFE BUILDING AT BICENTENNIAL PARK, TO REDUCE THE TOTAL FUNDS GRANTED TO THE CITY FROM $69,957 TO $47,000; REALLOCATING AND AUTHORIZING THE EXPENDITURE OF EXCESS FUNDS, IN AN AMOUNT NOT TO EXCEED $22,957, TOWARD THE NECESSARY RE -GRADING AND REMOVAL OF TREES AT THE DEMOLITION SITE; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS, AT HIS DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS, UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AND AMEND ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO GENERAL COUNSEL. File # 10-01089 Cover Memo 09-20-2010.pdf File # 10-01089 Backup 09-20-2010.pdf File # 10-01089 Legislation 09-20-2010.pdf File # 10-01089 Legislation (2) 09-20-2010.pdf Motion by Board Member Dunn II, seconded by Board Member Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: Commissioner Gort, Commissioner Dunn II, Chair Sarnoff and Commissioner Carollo Absent: Vice Chair Suarez CRA-R-10-0075 Chair Sarnoff. All right, CRA (Community Redevelopment Agency) 9. Mark Spanioli (Director of Engineering and Construction): Good evening, Commissioners. Mark Spanioli, CRA. Item number 9 is a resolution of the Board of Commissioners of the Omni CRA amending resolution number 10-0043 authorizing the issuance of a grant to the City of Miami for the demolition of the cafe building at Bicentennial Park to reduce the total funds granted to the City from $69,957 to $47,000 and reallocating and authorizing the expenditure City of Miami Page 17 Printed on 3/23/2011 OMNI Community Redevelopment Agency Meeting Minutes September 20, 2010 10. 10-01117 of excess funds in the amount not to exceed $22,957 toward the necessary re -grading and removal of the trees at the demolition site. Chair Sarnoff Does that mean it came in at a lower expected level? Mr. Spanioli: Yes and no. Let me go through it for you. Basically in May this board approved the $69,957 for the demolition and removal of the cafe building and adjoining structures. Subsequent to that, CRA staff met with the Building Department to review the scope of work to ensure that everything was going to be handled along with that demolition. It was determined with CRA staff, the Building Department, and the Bayfront Park Trust that there were some items missing. There needed to be tree removals and some site grading. If you're familiar with the site, there are some very large 15-, 20-foot-high berms that abut the building. These were not included. The only thing was included was removal of the concrete and the disposal of the concrete. The Building Department position was that their contract with their pre -qualified demolition contractor did not have line items that they could pick and choose from that would include the trees and the site grading. What the CRA is doing to try to expedite this process is we went ahead and got three bids to do the rest of the work. In that way, we're divvying up the funds. Some of the funds will go to the City of Miami for the demolition and removal of the concrete work, and the CRA will issue a work order to have the trees and the site grading performed. Basically, that -- hopefully that cleared it up for you. Chair Sarnoff All right. Let me open up a public hearing. Anyone wishing to be heard on CRA 9, please step up. Hearing none, seeing none, coming back to the Commission. Do we have a motion? Commissioner Dunn: Move it. Chair Sarnoff Motion by -- Commissioner Carollo: Second. Chair Sarnoff -- Commissioner Dunn, second by the Vice Chair. Any discussion, gentlemen? Hearing no discussion, all in favor, please say Eye." The Commissioners (Collectively): Aye. Chair Sarnoff All right. H. Bert Gonzalez (Assistant Director): Mr. Chairman, just like to make a statement. Any tree removal -- and I know how the City is very interested in saving trees. Any trees will be mediated in the building of the Museum Park, so we've taken into account that the trees that are being removed will be replaced with hundreds of trees that we have planned for the Museum Park. Chair Sarnoff Okay. CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, WITH ATTACHMENT(S), RATIFYING THE COMPENSATION OF THE EXECUTIVE DIRECTOR AS OF JULY 23, 2010, AT AN ANNUAL SALARY NOT TO EXCEED $61,500.09, WITH A CELL PHONE ALLOWANCE, AT A City of Miami Page 18 Printed on 3/23/2011 OMNI Community Redevelopment Agency Meeting Minutes September 20, 2010 MONTHLY RATE NOT TO EXCEED $75.00; AUTHORIZING THE SALARY AND BENEFITS TO BE RECEIVED BY THE EXECUTIVE DIRECTOR TO BE AS DESCRIBED IN EXHIBIT "A," ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING THAT THE OMNI CRA'S SHARE SHALL NOT EXCEED 50% (FIFTY PERCENT) OF ALL TOTALS CONTAINED THEREIN FOR SALARY AND ALLOWANCES. File # 10-01117 Cover Memo 09-20-2010.pdf File # 10-01117 Legislation 09-20-2010.pdf File # 10-01117 Exhibit A 09-20-2010.pdf File # 10-01117 Legislation -SUB 09-20-2010.pdf File # 10-01117 ExhibitA-SUB 09-20-2010.pdf Motion by Board Member Gort, seconded by Board Member Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: Commissioner Gort, Commissioner Dunn II, Chair Sarnoff and Commissioner Carollo Absent: Vice Chair Suarez Chair Sarnoff All right. I think that's it with this agenda. We -- well, let me get, I guess, a motion to defer 10 and 11. Commissioner Gort: Move it. Commissioner Dunn: Second. Commissioner Carollo: Second. Chair Sarnoff Motion by Commissioner Gort, second by the Vice Chair. All in favor, gentlemen, please say aye." The Commissioners (Collectively): Aye. Chair Sarnoff Motion to adjourn. Commissioner Carollo: So move. Chair Sarnoff Motion -- Commissioner Gort: Second. Chair Sarnoff. -- second. All in favor, please say i ye. " The Commissioners (Collectively): Aye. Chair Sarnoff. All right, thank you very much. Commissioner Dunn: Thank you. 11. CRA RESOLUTION 10-01119 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY MODIFYING OMNI CRA STAFF WAGES EFFECTIVE SEPTEMBER 30, 2010, AS STATED HEREIN. City of Miami Page 19 Printed on 3/23/2011 OMNI Community Redevelopment Agency Meeting Minutes September 20, 2010 File # 10-01119 Cover Memo 09-20-2010.pdf File # 10-01119 Legislation 09-20-2010.pdf File 10-01119 Cover Memo 10-14-2010.pdf File 10-01119 Legislation v2 10-14-2010.pdf File 10-01119 Legislation v2 (2) 10-14-2010.pdf Motion by Board Member Gort, seconded by Board Member Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: Commissioner Gort, Commissioner Dunn II, Chair Sarnoff and Commissioner Carollo Absent: Vice Chair Suarez MOTION TO ADJOURN Note for the Record: For minutes related to Item 11, see Item 10. A motion was made by Commissioner Carollo, seconded by Commissioner Gort, and was passed unanimously, with Vice Chair Suarez absent, to adjourn today's meeting. City of Miami Page 20 Printed on 3/23/2011