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HomeMy WebLinkAboutOMNI CRA 2010-09-27 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Monday, September 27, 2010 3:00 PM or thereafter 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 27, 2010 RESOLUTIONS 1. 10-01146 Present: Commissioner Gort, Commissioner Dunn II, Chair Sarnoff, Vice Chair Suarez and Commissioner Carollo On the 27th day of September 2010, the Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency of the City of Miami met in special session at Miami City Hall, 3500 Pan Amerian Drive, Miami, Florida. The meeting was called to order by Chair Sarnoff at 3: 37 p.m., recessed at 3: 55 p.m., reconvened at 4: 21 p.m., and was adjourned at 4:25 p.m. ALSO PRESENT: Pieter Bockweg, Executive Director, CRA Bert Gonzalez, Assistant Executive Director, CRA Julie O. Brit, General Counsel, CRA William R. Bloom, Special Counsel, CRA Priscilla A. Thompson, Clerk of the Board Chair Sarnoff (INAUDIBLE) to the September 27, 2010 meeting of the Omni CRA (Community Redevelopment Agency) agenda. Mr. Bockweg, would you state the procedures you're going to employ today? Pieter Bockweg (Executive Director, Community Redevelopment Agency): Thank you, Mr. Chairman. First, I'd like to take this opportunity and apologize to not only the Board but also to the public for the tardiness in displaying the agenda and getting it out to the public. Unfortunately, due to the time constraints and the essence of what we're doing, there wasn't a lot of time to get it out as promised -- that I promised to you to provide everything within seven days. So, again, I apologize and I'll do my best not to make sure that happens again. Chair Sarnoff That's all right. I know we're all under some time constraints. CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENTS, APPROVING AND ADOPTING THE CRA'S AMENDED TAX INCREMENT FUND AND GENERAL OPERATING BUDGETS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010; DIRECTING THE EXECUTIVE DIRECTOR TO TRANSMIT COPY OF THE AMENDED BUDGETS TO THE CITY OF MIAMI AND MIAMI-DADE COUNTY. File 10-01146 Cover Memo 09-27-2010.pdf File 10-01146 Legislation 09-27-2010.pdf File 10-01146 Attachment 09-27-2010.pdf Motion by Board Member Dunn II, seconded by Board Member Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: Commissioner Gort, Commissioner Dunn II, Chair Sarnoff, Commissioner Carollo and Vice Chair Suarez CRA-R-10-0078 City of Miami Page 2 Printed on 3/1,2011 OMNI Community Redevelopment Agency Meeting Minutes September 27, 2010 1? Pieter Bockweg (Executive Director, Community Redevelopment Agency): Yes, Mr. Chairman, we do 'cause we need to approve the budget and also amend to reflect the actions we just took. Chair Sarnoff Please proceed. Miguel Valentin: Miguel Valentin, CRA financial officer. A resolution of Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency, with attachments, approving and adopting the CRAss amended tax increment fund and general operating budgets for the fiscal year commencing October 1, 2009 and ending September 30, 2010; directing the executive director to transmit a copy of the amended budget to the City of Miami and Miami -Dade County. The City of Miami has now requested a reimbursement for expenses incurred on the CRAss behalf for the design of the Museum Park project. The budget for fiscal year 2010 requires an amendment to account for the requested reimbursement. Chair Sarnoff And is it now properly before us in terms of what those reimbursements are? Mr. Valentin: Yes, sir. Because upon presenting the budget previously, that expenditure wasn't contemplated and we need to put it on record. Chair Sarnoff And is it now in your budget in the packet that we have? Mr. Valentin: Yes, sir. Chair Sarnoff Does it need to be modified in any way? Mr. Valentin: No. It is -- as I presented, it should be approved and transmitted to the County. Chair Sarnoff All right. Is there a motion? Commissioner Dunn: So move. Chair Sarnoff Motion by Commissioner Dunn. Is there a second? Julie O. Bru (General Counsel): A point of clarification. The budget that's in the printed agenda, the line item, interfund transfer, City of Miami, the amount that's reflected here, does that need to be amended? Mr. Valentin: Well, for the general operating fund, it should be amended. What happened is the general operating fund is being included in both CRAs. The -- that fund applies to the -- to Omni CRA and Southeast Overtown/Park West CRA. Chair Sarnoff So by saying that, should we wait until we make the amendment to Southeast Overtown/Park West so that then we can vote on it and it'll be unified? Mr. Valentin: Well, what happened is, Commissioner Sarnoff, when we are requesting approval for the Omni as well as the Overtown CRA, the general operating budget is being included in both. Chair Sarnoff No. I understand what you're saying, but we have not made votes necessary for you to show us a budget with Southeast Overtown/Park West. Are we not better suited to make those votes at Southeast Overtown/Park West; then bring this up in a unified motion? City of Miami Page 3 Printed on 3/1/2011 OMNI Community Redevelopment Agency Meeting Minutes September 27, 2010 Mr. Bockweg: Commissioner, if you want to do it in that order, we have no problem dealing with that. Chair Sarnoff I don't know if we could do it any other way, to be quite honest with you. And I think even Commissioner Gort's agreeing with me. I don't know that you can do it until we make and have the debate and the vote on Southeast Overtown/Park West. Mr. Bockweg: That's fine. We'll hold off on both budget amendments 'til the very end. What I mean by both, I mean both items on the agenda 'cause this item is also on the Overtown agenda, so we'll wait. Chair Sarnoff So can this be tabled through the Southeast -- Ms. Bru: You can recess this meeting -- Chair Sarnoff All right. Ms. Bru: -- open your Southeast Overtown/Park West, and then take action and then reopen this meeting and take action on the budget then. Chair Sarnoff. All right, so let's put this meeting in recess, and now I turn this over -- and Madam -- Priscilla A. Thompson (Clerk of the Board): If I might ask, if I might. Do you want to finish off the Southeast Overtown/Park West and then recess with that one item and then finish off the --? Chair Sarnoff No. I'm in Omni, so if I recess Omni -- Ms. Thompson: We'll have -- Chair Sarnoff -- so that actions happen that demonstrate this particular budget, which is a unified budget, and then if we vote at Southeast Overtown/Park West and then we come back -- and we readjourn [sic] Omni, you'll have -- should be a symmetrical resolution. Ms. Thompson: I'm just trying to make sure that -- Commissioner Dunn: Mr. Chairman, I'm not the best in parliamentary procedures and certainly, I yield to our City Clerk, but isn't it a way that we could do a motion conditioned upon the approval of the Southeast? That way, you wouldn't have to keep going back and forth. I'm just -- Ms. Thompson: No, no. Commissioner Dunn: -- raising a question. Ms. Thompson: Because you're dealing with the budget, you want to be very clean and very clear -- Commissioner Dunn: Okay. Ms. Thompson: -- on it. My only concern, Chair Sarnoff, was whether or not we were going to be able -- are we going to finish Omni, then -- exact -- with one item, then go into Southeast Overtown/Park West; finish that one and come back, or are we going to break the meeting --? City of Miami Page 4 Printed on 3/1/2011 OMNI Community Redevelopment Agency Meeting Minutes September 27, 2010 Chair Sarnoff My preference would be to recess Omni -- Ms. Thompson: Right now. Chair Sarnoff Correct. -- holding resolution number 1 in recess. We then vote on the necessary things that occur on Southeast Overtown/Park West -- Ms. Thompson: All. Chair Sarnoff I think all of them would be -- then it would be -- Commissioner Dunn: Except for 1. Chair Sarnoff -- acceptable because then all the actions taken in Southeast Overtown/Park West for that resolution would have occurred. We then ad ourn Southeast Overtown -- Ms. Thompson: Thank you. Chair Sarnoff -- Park West, we reopen -- we put Omni back on; it's no longer in recess. We complete Omni, and then we move on to the next agenda item. Ms. Thompson: Thank you. I just wanted to make sure I was clear on how we were working this. I didn't want to lose our items. Chair Sarnoff Okay. So you'll remind me that we are in recess on item number 1 in Omni. And I will now turn it over -- and subject to you needing to rewind tape? Ms. Thompson: That's right. Hold on one second. Chair Sarnoff So why don't we take a quick two -minute break. Commissioner Gort: I have to tell you, that's the best way to do it because the -- approving one, you're approving both. Chair Sarnoff Because you need both things -- Commissioner Dunn: Both of the -- Chair Sarnoff -- to have happened. Commissioner Dunn: -- budgets. Chair Sarnoff Right. [Later...] Chair Sarnoff All right. The South -- Omni is back in session, calling back from its recess. We're on Omni number 1. Can I get a motion on Omni number 1? Vice Chair Suarez: Move it for -- Commissioner Dunn: So move. Vice Chair Suarez: -- discussion -- or second for discussion. City of Miami Page 5 Printed on 3/1/2011 OMNI Community Redevelopment Agency Meeting Minutes September 27, 2010 Chair Sarnoff. Motion by Commissioner Dunn, second by Commissioner Suarez. Commissioner Suarez, you're recognized for the record. Vice Chair Suarez: Thank you, Mr. Chairman. I just want to make this quick same statement on the record that what we're doing here is amending the already existing budget, and that the only thing that's changing is reflecting the changes that we made on the other two items that we voted in favor of. Mr. Valentin: Yes, sir. We are amending fiscal year 2010 budget. Mr. Bockweg: Commissioner, nothing on this item before you has changed, other than the actions that you took in resolution number 2 and resolution number 3. I want to ask Miguel to put into the record the exact amount that is amended in the overall budget. Mr. Valentin: Okay. Then I want to put on record that in the Omni tax increment budget, fiscal year 2010, under the expenditure section, interfund transfer City of Miami, instead of saying 5, 991, 000, it should say 4, 395, 331. And then for the general operating budget that applies to Southeast Overtown/Park West, Omni, and Midtown, again, under the revenue section, other interfund transfers, four million, four hundred, nine -- instead of saying 4,409, 000, it should say 5,271,317. Under the expenditure category, interfund transfer City of Miami, instead of saying 4,409,000, it should say 5,271,317. Those are the budget amendments. Chair Sarnoff All right. Does the maker understand the modification? Commissioner Dunn: Yes. Chair Sarnoff Does the maker accept? Commissioner Dunn: Yes, I do. Chair Sarnoff Seconder accept? Seconder accept? Vice Chair Suarez: Yes. Chair Sarnoff All right -- Vice Chair Suarez: Yes. Chair Sarnoff -- we have seconder accept. Commissioner Gort: I have a question. Chair Sarnoff Commissioner Gort, recognized for the record. Commissioner Gort: I received a different change in the -- when it comes to intefund transfer. Instead of 5, you got 4, 395, 331. Mr. Valentin: What happened is, again, the general operating fund applies to all CRAs. Commissioner Gort: Right. Mr. Valentin: The -- City of Miami Page 6 Printed on 3/1/2011 OMNI Community Redevelopment Agency Meeting Minutes September 27, 2010 Commissioner Gort: The transfers of funds. Mr. Valentin: -- interfund transfer to the City of Miami is the amount that is coming from Southeast Overtown/Park West special revenue fund and is going to go to the City. Then from the Omni budget -- Commissioner Gort: Right. Mr. Valentin: -- the 4,395,331, that that was a budget amendment, that is going to go directly Commissioner Gort: Gotcha. Mr. Valentin: -- to the City. Commissioner Gort: Thank you. Just wanted to make sure. Mr. Valentin: Okay. Chair Sarnoff All right, so we have a motion, we have a second. Any further discussion? Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized for the record, the Vice Chair. Commissioner Carollo: And not to be redundant, I just want to make sure that, for the record, I put the same statement that I made in the Overtown for the budget amendment I make here, okay? Thank you. Chair Sarnoff All right. Any further discussion? Hearing none, all in favor, please say aye." The Commissioners (Collectively): Aye. Chair Sarnoff All right -- Ms. Thompson: As -- Chair Sarnoff -- motion to adjourn. Do I have a motion? Ms. Thompson: Just want to make sure that the record will show that that is adopted with modifications. Chair Sarnoff If that record's not clear, there is no such thing as a clear record. Mr. Bockweg: Mr. Chairman, again, I'd like to apologize for the tardiness of the agenda and the suddenness of it. Like I said to you in the first agenda, that will not happen again, but due to the circumstances, I was unable to provide it to you earlier, but it won't happen again. Vice Chair Suarez: Move to adjourn. Chair Sarnoff All right. We have a motion to adjourn by -- Commissioner Gort: Second. City of Miami Pagel Printed on 3/1/2011 OMNI Community Redevelopment Agency Meeting Minutes September 27, 2010 2. 10-01115 Chair Sarnoff. -- Commissioner Suarez, second by Commissioner Gort. Any discussion? 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 REDEVELOPMENTAGENCY 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 Motion by Board Member Dunn II, seconded by Board Member Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: Commissioner Gort, Commissioner Dunn II, Chair Sarnoff, Commissioner Carollo and Vice Chair Suarez CRA-R-10-0076 Chair Sarnoff Could you guide us through this? I understand we're going to start with agenda item 2. Pieter Bockweg (Executive Director, Community Redevelopment Agency): Yeah. We'd like to start with agenda number 2. This is a resolution de -allocating certain funds from North Bayshore Drive, the design of waterline upgrades and also the reconstruction of the old firehouse. Commissioner Gort: Excuse me. I guess we're doing the Omni first? Chair Sarnoff. We're doing Omni. Commissioner Gort: Okay. Chair Sarnoff. Omni, and it appears we are in agenda item number 2. Could you put a little more meat on the bones so that you could explain exactly what it is we're doing? Mr. Bockweg: In essence, Commissioner -- Mr. Chair, is what we're doing here is we found out -- after reviewing all the projects, that we found out these projects were overfunded. And the reason why they were overfunded because we were anticipating cost overruns, change orders, and additional fees. As it turns out, that these projects will be completed. There's no jeopardy of them being completed, but they were just overfunded, so we decided to de -allocate those monies for those projects. City of Miami Page 8 Printed on 3/1,2011 OMNI Community Redevelopment Agency Meeting Minutes September 27, 2010 Chair Sarnoff. All right. Do I have a motion? Commissioner Dunn: Mr. Chair. Chair Sarnoff You're welcome -- you're recognized -- Commissioner Dunn: So move. Chair Sarnoff -- for the record. Commissioner Dunn: So move. Chair Sarnoff Commissioner Dunn makes the motion. Is there a second? Vice Chair Suarez: Second for discussion. Chair Sarnoff All right, second for discussion. Commissioner Suarez, you're recognized for the record. Vice Chair Suarez: Thank you, Mr. Chairman. So, in essence, we are freeing up this money -- is that --? Mr. Bockweg: That's correct, Commissioner. Vice Chair Suarez: Okay. And I just want to clar and get a statement from the City Attorney that this is something that is appropriate and legal. Julie O. Bru (General Counsel): Yes. The agency is able to de -allocate, de -obligate funds for projects that they no longer wish to pursue. Vice Chair Suarez: Thank you. Chair Sarnoff Any further discussion? Commissioner Gort is recognized for the record. Commissioner Gort: I apologize, but I think I have the wrong -- the resolution that I have is the Omni Redevelopment District Community Redevelopment Agency authorizing a contribution of funds, in an amount not to exceed 5 million, to the City of Miami. That is what I have as number 2. Chair Sarnoff Item number 2 -- is this a --? Commissioner Gort: Could you read the resolution? Chair Sarnoff Yeah. Why don't we read it into the record, if we can? Ms. Bru: Commissioner Gort, I think that that's part of the backup and that's historical reference of when those monies had been previously allocated. I think that's just by way of a backup reference. The resolution that actually de -obligates should be in your packet. Mr. Bockweg: Number 3, Commissioner. Chair Sarnoff. Wait, wait. Are we on item number --? City of Miami Page Printed on 3/1/2011 OMNI Community Redevelopment Agency Meeting Minutes September 27, 2010 Mr. Bockweg: We're on item number 2. Chair Sarnoff Right. Mr. Bockweg: However, the reference -- what Commissioner Gort is referencing as far as allocating those monies is item number 3. Chair Sarnoff Understood. Commissioner Gort: Number 3. Mr. Bockweg: It's in the backup of number 2 as for -- like the City Attorney said, as a reference, but we will be allocating those monies in item number 3. Chair Sarnoff All right. Commissioner Gort: But I'd like to have someone read the resolution for the transfer of funds. Mr. Bockweg: A resolution of the Board of Commissioners and the Omni Redevelopment Community -- Omni Redevelopment District Community Redevelopment Agency amending resolution number CA -- CRA-R-08-0049 to reduce the total funds authorized from 6.5 million to 5 million; amending resolution number CRA-R-08-0065 to reduce the total funds authorized from 4 million to 3.5; amending resolution number CRA-R-07-056 to reduce the total funds authorized from 5 million to 4 million. Chair Sarnoff All right. Any -- Commissioner Carollo: Mr. Chairman. Chair Sarnoff Vice Chair is recognized for the record. Commissioner Carollo: Thank you, Mr. Chairman. And you know, excuse me, but, you know, I received this at 2 in this -- 2 in the afternoon, approximately an hour and a half ago. I -- so I'm still somewhat skeptical. So I just want to make sure that these two projects -- you -- and you're the Chairman of the C -- of the Omni CRA (Community Redevelopment Agency). You know what these projects are and we can de -allocate these fundings [sic]. Chair Sarnoff Yeah. The answer to your question is these are projects that will come in under a budgeted amount that was budgeted by the previous CRA director. Commissioner Carollo: Okay. Chair Sarnoff And they will be accomplished projects. Commissioner Carollo: Okay, so we're de -obligating because it's going to come under budget, and then the excess amount -- or the surplus is now going to be de -obligated to another project is what you're saying. Chair Sarnoff Presently be de -obligated and will be dealt with, I think, in item number 3. Commissioner Carollo: Okay. Thank you. Commissioner Dunn: Mr. Chairman, I just wanted -- City of Miami Page 10 Printed on 3/1/2011 OMNI Community Redevelopment Agency Meeting Minutes September 27, 2010 3. 10-01162 Chair Sarnoff. You're recognized. Commissioner Dunn: Thank you. -- to kind of just reiterate the whole -- and I'm glad we have the firefighters here as well. This deals with the City as a whole in its struggle, financial struggle. And everyone is giving something, and I think that's what I want people to see, that we're trying to be fair in dealing with the struggles that the City is having overall. Off -Street Parking, I understand will have some indirect hits, if you will. The DDA (Downtown Development Authority), as well as the CRA, but the good news is, as it was just mentioned to Vice Chairman Carollo, that no projects will be affected. So this is a opportunity to try to at least balance the budget. And we understand that we've got to balance the budget. So I just wanted to state that for the record, that this is an opportunity to do so with everybody giving a little something without losing everything, if that makes sense. Chair Sarnoff.: No. I think it makes perfect sense, and I think it's a very wise statement. Anyone else have any further discussions on item number 2? Hearing none, 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 TRANSFER OF FUNDS, IN AN AMOUNT NOT TO EXCEED $4,395,331.71, TO THE CITY OF MIAMI, FOR THE REIMBURSEMENT OF EXPENSES INCURRED FOR THE DESIGN OF THE MUSEUM PARK PROJECT, B-30538; AUTHORIZING THE EXECUTIVE DIRECTOR TO TRANSFER FUNDS, AT HIS DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO 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, "INTERFUND TRANSFER," ACCOUNT CODE NO. 10040.920101.891000.0000.00000. File 10-01162 Cover Memo 9-27-2010 .pdf File 10-01162 Financial Form 09-27-2010.pdf File 10-01162 Backup 09-27-2010.pdf File 10-01162 Legislation 9-27-2010.pdf Motion by Board Member Dunn II, seconded by Board Member Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: Commissioner Gort, Commissioner Dunn II, Chair Sarnoff, Commissioner Carollo and Vice Chair Suarez CRA-R-10-0077 Chair Sarnoff. Item number 3. Pieter Bockweg (Executive Director, Community Redevelopment Agency): Commissioners, this is a resolution. I'll read the resolution. A resolution of the Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency authorizing the transfer of funds, in an amount not to exceed $4,395,331.71 million to the City of Miami for the City of Miami Page 11 Printed on 3/1,2011 OMNI Community Redevelopment Agency Meeting Minutes September 27, 2010 reimbursement of expenses incurred for the design of Museum Park project B-30538; authorizing the executive director to transfer funds, at his discretion, on a reimbursement basis or directly to 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 the Omni tax increment fund interfund transfer account number 10040.920101.891000. Chair Sarnoff All right. You left some zeros out, but I don't think you needed them. Thank you. Is there a motion? Commissioner Dunn: Move it. There's a motion by Commissioner Dunn. Is there a second? Vice Chair Suarez: Second for discussion. Chair Sarnoff Second by Commissioner Suarez. Commissioner Suarez, you're recognized for the record. Vice Chair Suarez: Thank you, Mr. Chairman. I just want to reiterate my concern on the last item. I just want to make sure that we have an opinion from the City Attorney referencing the legality of -- that you've investigated. Because as the Vice Chairman stated, same goes for me; I got this very late in the day, and I just want to make sure that you have done your due diligence to make sure that all of the expenses that we're reimbursing are legitimate and that the transfer and reimbursement of these funds is legal. Julie O. Bru (General Counsel): We did look at this issue and we did have sufficient time to review this extensively, even though you are getting a substitute resolution now from what was in your packet. But the question had been sent to us by the executive director, and we have a written legal opinion that, yes, these funds that the City has expended in connection with the Museum Park project can be reimbursed using redevelopment trust funds. And you'll have a copy of that opinion available within a few minutes. I just have to sign it. Chair Sarnoff. All right. Anything further, Commissioner? Vice Chair. Commissioner Carollo: Thank you, Mr. Chairman. I mean, you know, I think it's been stipulated already we received this quite late, and I think, at least from my point of view, you know, I'm depending on management. I'm depending on management's, you know, review, due diligence, and recommendation so thank you. Chair Sarnoff Anyone else wishing to discuss this matter? Just so the other Commissioners understand that it had always been anticipated that -- if you call it Bicentennial Park or if you prefer Museum Park -- it was always going to be part of the Omni redevelopment and part of the improvement of that particular park was going to come from Omni. So the reimbursement of the Cooper Robertson plan was always an anticipated expenditure on behalf of the City. And I guess what we're doing now is reimbursing the City for the money that they forwarded or -- it's probably a better word for an accounting, but they actually paid and we're reimbursing them for with regard to Cooper Robertson. So, you know, this is something that had always intended to occur and it's just occurring now at a time when, as Commissioner Dunn would say, everybody's putting at least a piece of themselves into what is a most difficult and arduous budget. Commissioner Gort. Commissioner Gort: The question that I have, there was a difference from the original from 5,991,000 to 4, 395, 331. Is that because of the receipts and -- Chair Sarnoff Yeah. City of Miami Page 12 Printed on 3/1/2011 OMNI Community Redevelopment Agency Meeting Minutes September 27, 2010 Commissioner Gort: -- the documentations? Chair Sarnoff My understanding -- and if you want to correct me on the record -- is that is the amount of reimbursements that we presently have. Mr. Bockweg: Commissioner, currently, the City has -- the CRA will be reimbursing the City for $4,395,000 because that is all the City has spent on the project to date. I cannot reimburse the City for funds that have not been spent. Commissioner Gort: No, I understand that. But the street improvement and work that's been done in the CRA area, that's not the -- we can't reimburse for that? Chair Sarnoff You're recognized for the record, Mr. Spring. Larry Spring: Larry Spring, chief financial officer, City of Miami. With regards to the reimbursement amount, Commissioner, the City opened up a purchase order in the amount of literally just shy of $6 million for the design costs of the Museum Park project. We did a run of all the expenditures that we've actually paid to date, and that's the number that's been substituted, that $5.395 million figure. Chair Sarnoff Four point three nine. Mr. Spring: Four point -- excuse me, I'm sorry. Four point three nine five figure. This project in particular is one that the City advanced cost. In the -- I guess the other scenarios, if you will, like the North Bayshore project, I think the CRA funded that one itself and provided the City with the money to engage so it's not -- it's the flip of that, if you will so -- Commissioner Gort: Okay. Thank you. Chair Sarnoff Commissioner Dunn. Commissioner Dunn: Mr. Springs [sic], just one more question. What is the maximum cap that will be asked from the CRA? Because I do -- at the same time while we're being a team player, we do want it to be publicly known and put on the record that the cap is the cap and we're not going to be -- allow ourselves to, you know, continue to be raided or giving away the house. Mr. Spring: The analysis that we did -- and this is across both CRAs, if you will. We came up with a number today -- or a number that we're requesting today of $9.6 million. In addition to that, there was approximately -- we're thinking maybe an additional maybe $800, 000 worth of expenses that we're trying to research and absolutely be able to provide the documentation to show that there is a reimbursement -- you know, to support the reimbursement. But we believe that number will be -- well, it's pretty certain that the number is limited to probably another $800, 000 over the 9.6 that you'll be approving -- or considering today, I should say. Okay. Commissioner Dunn: Thank you. Chair Sarnoff All right. Any further discussion, gentlemen? Then all in favor, please say Eye." The Commissioners (Collectively): Aye. Priscilla A. Thompson (Clerk of the Board): With the notification that it is modified. The resolution is adopted as modified. City of Miami Page 13 Printed on 3/1/2011 OMNI Community Redevelopment Agency Meeting Minutes September 27, 2010 MOTION TO ADJOURN ChairSarnoff. Correct, as modified. Ms. Thompson: Thank you. A motion was made by Vice Chair Suarez, seconded by Commissioner Gort, and was passed unanimously, to adjourn today's meeting. City of Miami Page 14 Printed on 3/1,2011