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HomeMy WebLinkAboutOMNI CRA 2011-02-28 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Monday, February 28, 2011 5:00 PM Villa 221 221 N.E. 17th Street 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 February 28, 2011 FINANCIALS 1. 11-00178 Present: Commissioner Gort, Commissioner Dunn II, Chair Sarnoff, Vice Chair Suarez and Commissioner Carollo On the 28th day of February 2011, the Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency of the City of Miami met in regular session at Villa 221, 221 N.E. 17th Street, Miami, Florida. The meeting was called to order by Chair Sarnoff at 6: 24 p.m. and was adjourned at 7: 34 p.m. Note for the Record: Commissioner Carollo entered the meeting at 6:28 p.m. and Commissioner Dunn entered the meeting at 6: 30 p.m. ALSO PRESENT: Pieter Bockweg, Executive Director, CRA H. Bert Gonzalez, Assistant Executive Director, CRA Veronica Xiques, Assistant General Counsel, CRA Priscilla A. Thompson, Clerk of the Board CRA REPORT FINANCIAL SUMMARY FOR THE PERIOD ENDING JANUARY 31, 2011. File 11-00178 02-28-2011 Financial Summary.pdf PRESENTED Chair Sarnoff All right. I want to welcome everybody to the Monday, February 28, 2011, Omni CRA (Community Redevelopment Agency). First, we have a CRA report, financial summary for the period ending January 31, 2011. You're recognized for the record, Miguel. Miguel Valentin: Miguel Valentin, CRA financial officer. I'm going to be presenting the combined statement of financial position as of January 31, 2011. The total cash balance is 42, 734,315 for the month of January. And again, there is no reportable condition for the month of January. Chair Sarnoff Any Commissioners have any questions? All right, thank you very much. [Later...] Chair Sarnoff Let's go to resolution number 3. The director's recognized for the record. Commissioner Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Commissioner Carollo: I'm sorry. I wasn't here for -- I didn't know that we were starting -- agenda item 1. Was that gone through already? Chair Sarnoff It has been. You want to revisit it? Commissioner Carollo: Can we, please, real quick? Chair Sarnoff Sure. You're recognized for the record. City of Miami Page 2 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes February 28, 2011 2. 11-00133 Commissioner Carollo: Thank you. Similar to Overtown, I see that we have 44.3 million in community redevelopment expenses. We only have expensed to date 655, 000. So I'm raising the same concern that I did in Overtown. Mr. Valentin: I will be providing you a detail of those expenditures. Remember that after October 1, 2011 or 2010, we have been paying some debt that we recorded in 2010. We have made more payments in comparison to the amount that we're showing here as an expenditure for 2011. But I will show you all that detail, and I know that you're going to be able to see it in a better fashion. Commissioner Carollo: Okay. And the other thing -- and I'm trying to go quickly -- was just like in Overtown CRA (Community Redevelopment Agency), the 620, 000, which is really 600, 000, and we're showing -- once again, we're not showing anything. Mr. Valentin: Yeah. Commissioner Carollo: So there's got to be some expenses for salaries and so forth. Mr. Valentin: Of course. Commissioner Carollo: And it's deceiving the way it's being shown because technically it shows that for general government or administration we have no expenses, and I think we spoke that -- spoke about that with the Overtown CRA and we'll make the adjustments afterwards, but I still want to put it for the record. And that's what I have. Thank you, Mr. Chairman. Chair Sarnoff You're -- all right. Thank you. CRA REPORT PRESENTATION OF EXTERNAL AUDIT REPORT FOR FISCAL YEAR 2010. File 11-00133 02-28-2011 Cover Memo.pdf File 11-00133 02-28-2011 Audited FY2010 Financial Statements.pdf File 11-00133 02-28-2011 2010 Audit Results.pdf PRESENTED Chair Sarnoff. CRA (Community Redevelopment Agency) report, presentation of the external audit report for fiscal year 2010. Richie Tandoc: Good evening, Chair and board members. My name is Richie Tandoc. I'm the partner in charge of the audit for Omni CRA for the fiscal year ending September 30, 2010. Before I get into my brief presentation, I'd like to first thank Pieter and Miguel and their staff in their continued cooperation in assisting us in completing this year's audit of the agency. As a result, we continue to complete the audit in a timely and efficient manner in cooperation with the City's finance staff. I've provided you with a brief report. This is what the report looks like, so the results of the 2010 audit, as well as the required communications as your auditor in accordance with generally accepted auditing standards and government auditing standards. And I'll just touch briefly on our response to each of those required communications, starting on page 1 after my letter. With regards to the auditor's responsibilities under generally accepted auditing standards and government auditing standards, we have issued an unqualified opinion, that is, a clean opinion, on the agency's basic financial statements for the year ending September 30, 2010. We have also issued our report on the agency's internal control of financial reporting and on compliance in other matters for the year ended September 30, 2010. We noted no material weaknesses or material noncompliance issues. And both reports were dated January 19, 2011. With regards to the significant accounting policies, the agency's significant accounting City of Miami Page 3 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes February 28, 2011 policies are described in note one to the financial statements. The accounting principles selected by management are consistent with those prescribed by government accounting standards. And the agency's financial statements and related disclosures are clearly presented in a complete manner. With regards to the accounting estimates for the fiscal year ending September 30, 2010, the agency did not have any significant estimates that required management's judgment. With regards to methods of accounting for significant unusual transactions or controversial or emergency areas, we did not identify any such areas. With regards to significant and/or unadjusted audit adjustments, we had no significant audit adjustments during the fiscal year's audit. Any adjustments that were made were proposed by the finance officer and approved by us. On page 2 with regards to fraud and illegal acts, we are not aware of any fraud or illegal acts that occurred during the fiscal year involving senior management or any fraud or illegal acts involving any employee that would cause a material misstatement of the financial statements. With regards to disagreements or difficulties with management, we did not encounter any such disagreements or difficulties. With regards to major issues discussed with management prior to retention, we did not discuss any major issues with management prior to retaining us as your auditors. With regards to independence, there are no relationships between us and the agency and its related entities that in our professional judgment may reasonably be thought to impede our independence. With regard to our audit of the agency as of September 30, 2010, we are independent with respect to the agency in accordance with the AICPA (American Institute of Certified Public Accountants) Code of Professional Conduct, its interpretations and rulings and government auditing standards. And we have not performed any non -audit services for the agency during fiscal year ended September 30, 2010 or thereafter. And with regards to our management letter, we have issued a management letter in accordance with the rules of the auditor general of the state of Florida, dated January 19, 2011, and we had no new observations for the current year. If you have any questions regarding our report or the management letter, I'd be happy to answer those. Chair Sarnoff Any questions by any of the board members? Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized for the record. Commissioner Carollo: Thank you. Just give me a second. Yes. I'm sorry; how do you pronounce your last name? Mr. Tandoc: Tandoc. Commissioner Carollo: Mr. Tandoc, it's actually not a question for you, but on page 6, I see there's a liability to the City of Miami. I see due to primary government -- I would imagine it's the City of Miami -- $4,395,332. Has that money been paid already to the City? Miguel Valentin (Financial Officer, Community Redevelopment Agency): No. We do have the money to make that payment. We haven't made the payment yet to the City because since the County hasn't approved our 2010 budgets, still we are not going to be proceeding in making that transaction. After getting the approvals from the County, we are going to be transferring those monies to the City. Commissioner Carollo: And when do you foresee getting the approval from the County because I -- you know, obviously, I think we all here wear two hats, but I want the City of Miami to get those $4.3 million. Mr. Valentin: And they will get them. Pieter Bockweg (Executive Director, Community Redevelopment Agency): Commissioner, ifI City of Miami Page 4 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes February 28, 2011 RESOLUTIONS 3. 11-00134 may. The monies -- our budget approval will go -- come before the City Commission in March after the approval here from the Board, and then it will be going to the County sometime in April. Commissioner Carollo: But the Board already approved. Mr. Bockweg: Well, remember now, the budget before you are the actuals. The budget that was approved was estimated. The County will only approve the actuals, which is what's before you today. Commissioner Carollo: As far as TIF (Tax Increment Fund) dollars, is what you're saying? Mr. Bockweg: That's correct, as far as the special revenue bond. Commissioner Carollo: Okay, 'cause there's no -- Mr. Bockweg: Revenue. Commissioner Carollo: -- actual as far as expenses. I mean, you could count the first three months or so, but there's really no actuals. Mr. Bockweg: The actuals that I'm referring to, Commissioner, are the actuals of actual TIF money, the complete -- Commissioner Carollo: That's what I was -- Mr. Bockweg: -- amount that we receive. Commissioner Carollo: Right. That's what I was saying. Mr. Valentin: What happened is this year is very particular because the County is going to be considering 2010 as well as 2011. Remember that we needed to amend the budget for 2010 at the very end of fiscal year 2010 in order to contemplate these two transactions. When that took place, the County was in the middle of analyzing the first amended budget that we forwarded to them, but they stopped the process because they became aware of this transaction to the City. The County committed to us that they were going to be analyzing both budgets at the same time. To be honest with you, I don't foresee any problem, but I think that we are going to be resolving this issue by the end of April or maybe May, and -- but the monies are there. Commissioner Carollo: Okay. I just want to make sure that the City gets paid. Mr. Valentin: They will. Commissioner Carollo: That's it with regards to that. And it just seems like it's a pretty clean audit. There's no findings, correct? Mr. Tandoc: That's correct. Commissioner Carollo: Okay. I don't have any other questions. Thank you. Chair Sarnoff Any other board members have any other questions? All right. CRA RESOLUTION City of Miami Page 5 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes February 28, 2011 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENT(S), APPROVING AND ADOPTING THE CRA'S AMENDED SPECIAL REVENUE FUND BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30, 2011; FURTHER DIRECTING THE EXECUTIVE DIRECTOR TO TRANSMIT COPY OF THE AMENDED BUDGET TO THE CITY OF MIAMI AND MIAMI-DADE COUNTY. File 11-00134 02-28-2011 Cover Memo.pdf File 11-00134 02-28-2011 Legislation.pdf File 11-00134 02-28-2011 Legislation (Attachment).pdf File 11-00134 02-28-2011 Legislation (Version 2).pdf File # 11-00134 2-28-2011- Legislation (Signed).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, Commissioner Carollo and Vice Chair Suarez CRA-R-11-0012 Chair Sarnoff Resolution number 3. The director is recognized. Miguel Valentin (Financial Officer, Community Redevelopment Agency): Yeah. A resolution of the Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency, with attachments, approving and adopting the CRAss (Community Redevelopment Agency's) amended special revenue fund budget for the fiscal year commencing October 1, 2010 and ending September 30, 2011; further, directing the executive to transmit the copy of the amended budgets to the City of Miami and Miami -Dade County. Chair Sarnoff Is there a motion? Commissioner Dunn: So move. Commissioner Carollo: Second for discussion. Chair Sarnoff. Motion by Commissioner Dunn, second by the Vice Chair. You're recognized for the record, the Vice Chair. You're recognized for the record, the Vice Chair. Commissioner Carollo: Thank you. Once again, here, professional services. I see here this time $85, 000 with no resolutions from the Board for legal services. Again, you know, I let it go with Overtown, but I think that -- you know, I don't think it's -- I mean, I don't really think it's appropriate. I don't know if appropriate's the right word, but it just -- I don't like to see a budgeted amount for specific not only purpose but specific company in the financials, you know, and we're voting on it, you know, as budgeted when it hasn't come before us. So, again, I see that. Mr. Valentin: And Commissioner, let me -- I would like to say that since I've been here, since 2002, the average that Holland & Knight has been charging us, I will say, is 150,000 between both CRAs. You know, the fact of the matter that you see 85,000, it doesn't mean that they are going to be exhausting the 85,000 within a year. I want to leave that cushion because in the past, usually we were renewing the contract because he's our external legal counsel. Commissioner Carollo: Well, if it seems that historically it's about 150,000 -- and I'm not even going into details on what it's being used for and so forth,-- but let's say historically it's 150, 000, City of Miami Page 6 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes February 28, 2011 why are we -- not to mention that we have carryover from previous years -- then budgeting so much? Mr. Valentin: Because what happen is we don't know what kind of complex real estate transactions we are going to be engaging in in this particular fiscal year. And again, he's not charging us a retainer. He's -- if we need him for -- because of the complex -- because the real estate transaction is very complex, then he is going to be able to provide the services to us. Commissioner Carollo: All right. Let me think about it and so forth. I'm sure we'll speak a little bit more about it, you know, after this -- after the meeting and so forth. Let's not just -- let's just continue, not maintain with the same issue. In the professional services other, again, these available for other, you know, whether contingency, whether it's a reserve and so forth, you have $306,900 there. I mean, that's huge. That's -- well, out of the 314, 000, 306 is in a contingency fund Mr. Valentin: Yeah. Again, I am allocating that money in case we need that money. If the Board wants to reallocate that funding towards another project, you have that prerogative and -- Commissioner Carollo: I just want to be able to follow it, track it appropriately in a simple manner instead of having it there. And again, my main concern was that you have $306, 000 there and you start using it for this, you start using it for that, and it never comes to the Board for approval. Mr. Valentin: We cannot circumvent the procurement process. If we are going to be soliciting a service and that service is greater than 4,500, we need to obtain approval from the Board, and this is one of the internal controls that the external auditors are ensuring that we are in compliance with. Chair Sarnoff Miguel, what is the --? The Omni is responsible for the super fund block, right? Mr. Valentin: Well, we carry out that project. Mr. Bockweg: Commissioner, ifI may. Currently, there is no agreement between the City or the CRA who actually maintains the right-of-way of the super block. We have funded in the past the construction of the super block, but the maintenance for -- the allocation for this is we are also anticipating obviously more maintenance having to do with 14th Street being redone and really creating that 14th Street corridor and some of those monies that we're anticipating to be using these to maintain certain aspects of that 14th Street. But as far as the maintenance for the super block, there is technically not a agreement between the CRA or the City who maintains that. Chair Sarnoff Where -- we had some light poles -- 'cause we actually have photographs of people stealing -- Mr. Bockweg: Right. Chair Sarnoff. -- the lights. Where did --? We, meaning Omni, paid to have those lights reinstalled, correct? Mr. Bockweg: Reinstalled and maintained. Chair Sarnoff So is this the line item budget that it's coming from, if you know? 'Cause I -- I mean, we didn't have one light stolen. Mr. Bockweg: This particular item, no, because it doesn't have a resolution attached to it. We do have other resolutions that do maintain to -- that do pertain to the maintenance of those light City of Miami Page 7 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes February 28, 2011 poles and replacement of them. Chair Sarnoff Maybe I said that wrong. I wasn't suggesting that -- we -- as we understand it today, Mr. Bockweg, anything over $4,500 comes before this Board. Mr. Bockweg: Absolutely. Chair Sarnoff The question is, where's the line item that would be coming from the budget for, let's say -- I think those were German light poles, if I'm not mistaken. I actually think they came from Germany. Mr. Bockweg: Those would come out of the community -- I believe they come from the community of life line item on the interfund -- the other contractual services on page 3. Chair Sarnoff. All right. Mr. Vice Chair, anything else? Commissioner Carollo: Yes. Again, in other contractual services, once again, we have another reserve, contingency, whatever you want to call it, that there's no resolution for $61,389, and you're saying that anything needs to come back to this Board. It's still something that I saw some concern. Moving over to constructions in progress, I see here on the very first line item, a fire station, fire station number 2. Resolution passed in '08 for 3, 500, 000, yet only 445,000 has been expensed [sic]. I don't know if that's for -- Mr. Valentin: Design. Commissioner Carollo: -- design or so forth. Why hasn't the fire station been built yet or --? Mr. Bockweg: Commissioner, if I may. We are moving forward with the relocation of the CR [sic] offices eventually to the firehouse number 2. The reason why that decision was made ultimately was to save money from the rental payments that we pay. Currently, we pay $180,000 in rent for the current office that we are in. We had done a brief study in the land value or the asset value of that piece of property. Currently, today it is worth about $645, 000, if I recall correctly. Once the redevelopment of that -- or the renovation of that property will be taking place, which is actually will be starting very soon -- there was a bid protest, which I -- my understanding will be resolved within this month. We are estimating that piece of property, which is owned by the CRA and is an asset to be valued at close to $2 million. We will be moving -- the ultimate plan will be to move the offices to the second floor of that building and ultimately rent out the space below to cover the cost of operations of that building. Commissioner Carollo: So we are not doing a fire station? Mr. Bockweg: That building, Commissioner, literally has a tree -- Commissioner Carollo: I'm sorry? Mr. Bockweg: -- growing through the roof. It has a -- it's been designated historic. It is -- the roof -- there is no roof. There's a tree growing up in the roof. That fire station has been closed for I don't know -- long, but I can provide you the specifics on that. Commissioner Carollo: I'm just going by the information that's provided to me -- Mr. Valentin: It's a historical building. Commissioner Carollo: -- you know, and I'm going -- City of Miami Page 8 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes February 28, 2011 Mr. Bockweg: It's called the firehouse number 2 'cause historically it was a fire station. Mr. Valentin: That was conveyed from the City to us. Commissioner Carollo: You know, I'm just reading here fire station number 2 on Northwest -- what, on -- Mr. Valentin: North Avenue and 14th. Commissioner Carollo: -- North Avenue and 14th Street, so I mean, I'm just going by what it says. And then I see a resolution that it passed, so I'm -- Mr. Bockweg: Right. Nothing had been done with that facility for some time, and we want to make sure that we take advantage of the assets that we control and make them worth more than, you know, they currently are. And the building is an historic building, which, you know, we want to make sure we renovate to bring it back to its early glory, if you will. Commissioner Carollo: Okay. What about line two through five. I see here line five, Bayshore Drive project infrastructure. Back in '07, a resolution was passed for 4.1 million, and it seems like only 1.3 has been expended. Where -- the remaining 2.7, is it happening, not? This is back from 2007. Is this monies that should be deobligated? Where are we? Mr. Bockweg: That project is about 95 percent complete if not completely complete, and that money will be coming before the Board to be deallocated and be funding a different project. Commissioner Carollo: So we're under budget? Mr. Bockweg: We are way under budget, yes, sir. Commissioner Carollo: Okay, good. Good. So that money will be coming to the CRA Board is what you said? Mr. Bockweg: For reallocation, absolutely. Commissioner Carollo: Okay. What about the Omni CRA waterline improvement project? Mr. Bockweg: The -- Commissioner Carollo: We're talking from $5 million approved back in '08 and we've only spent 380, 000. There's 4.6 available from -- back from '08. Where are we with that? Mr. Bockweg: Again, when I came on board, Commissioner, that project was not moving forward. We have since moved it forward. The plans are finished. I believe we have started the permitting process. Mark Spanioli can speak to that, who's the project manager. And that will be going towards waterline improvements and streetscape improvements similar to what we have outside here in front of Villa 221, and there's an area map and predominantly we're going to focus on the streets from 15th to 20th in between 2ndAvenue and Biscayne Boulevard. But Mark can speak to as far as the progress on that project, Commissioner. Mark Spanioli (Director of Engineering and Construction, Community Redevelopment Agency): Commissioners, that was a very complex design for that project. It encompassed thousands of feet of water main throughout the Omni area. And basically, the project design has been completed. The permitting is almost 100 percent complete with Miami -Dade Water & Sewer, and we're going to be putting out that -- out for bid next month. That's a project in collaboration with the CIP (Capital Improvements Program) Department. City of Miami Page 9 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes February 28, 2011 Mr. Bockweg: Commissioner, I can do similar to what I did or what I committed to in Overtown, that I can give you a project list and the percentage of completion or where we are in the stage, and I'll be providing that to every member of the Board to show you that these projects -- the majority of these projects are now moving forward and are at different stages of completion. Commissioner Carollo: They are or they are not? Mr. Bockweg: They are. Commissioner Carollo: Okay, I'm just seeing from -- back from '08 the resolution passed for $5 million and we've only expended 380 so I'm start -- Mr. Bockweg: That was -- I agree, Commissioner -- Mr. Vice Chair. And that was my concern when I came on board at the CRA that there were so many projects that were in limbo, if you will, and we really focused on making sure these projects get rolling and moving forward. Commissioner Carollo: Another one that I want to talk about, the 14th Street streetscape project. We mentioned it in Overtown, and now let's mention it in Omni. We -- back in '08, once again, it was allocated by resolution $6 million. We've only spent $334,000, so there's 5.6 approximately left. Where are we with this? Mr. Bockweg: That project, we have finished the drawings. They will commence construction of that. TECO (Tampa Electric Company) Gas is actually going out to that 14th Street corridor next week. They will do a pause for Winter Music Fest not to interfere with any business local merchants that are happening, and then it will commence immediately following music fest, and it will -- it's the 14th Street, Commissioner, from Biscayne Boulevard all the way to the Ice Palace, or the railroad tracks, so to speak. And that entire corridor will be redone. Commissioner Carollo: Who's going to be in front of these projects? We have a project manager, but I keep hearing our CIP, our CIP, our CIP. So what -- you know, could you elaborate a little bit more on how you're working with our CIP and who really is in front of these projects and who --? Mr. Bockweg: We are in front of those -- all the projects that the CRA is allocated, Commissioner. We use the CIP Department for their professional services, if you will, in the sense of the engineering and the overall services that they would provide that we would then, if we didn't use CIP, go out and hire. But Mark Spanioli, as far as these projects we're talking about now, is our project manager for the CRA and he oversees all aspects of the infrastructure work. The overall invoices do come to the CRA and we ultimately make the payments on those invoices. It is a CRA project, but we use the services of the CIP Department because of the staff level that we have in the CRA. Commissioner Carollo: And when you use the CIP Department, do you reimburse the City --? Mr. Bockweg: We give them a professional service fee, if you would, administration fee. We pay the CIP Department an administration fee. It's my understanding actually that the majority of the projects that are within the CIP Department are -- come from the CRA, and we provide them -- or we pay them a 15 to 12 percent administration fee. Commissioner Carollo: Okay. I'll probably request a little bit more information on that, you know, in the near future to see exactly how it's working. I want to just look it over a little bit better so I get a better -- Mr. Bockweg: No problem. City of Miami Page 10 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes February 28, 2011 Commissioner Carollo: -- understanding in seeing exactly how we're doing. Question -- and I think this is actually coming up in one of our resolutions. On (UNINTELLIGIBLE), the Museum Park bay walk matching funds obligation, I don't know if it's appropriate to ask now or when it comes up. I think it's agenda item number 4. Chair Sarnoff It's right after this. Commissioner Carollo: What is the pleasure of the Chairman? Would you like for me to ask the question now or when it --? Chair Sarnoff. Go right ahead. We'll open up CRA 4 at the same time. Commissioner Carollo: Okay. Pretty much, is it allowable -- it's an allowable match? Can we use these monies to match the FIND (Florida Inland Navigation District) grant and so forth? I just want to make sure that we have no legal issues with that. Veronica Xiques (Assistant General Counsel): Commissioner, September 23 of last year, the City Attorney's office, through a memo from Julie Bru, City Attorney, to Executive Director Pieter Bockweg, set out a lengthy analysis of the permissible uses of these funds. The City Attorney determined in her memo that this is in fact an authorized use and specifically in addressing the three-year prohibition, just as Pieter Bockweg just pointed out, the CRA doesn't have its own capital improvement project department. It must use the City's department, and for that reason, the project, meaning all of Museum Park, was listed in the City's multiyear capital plan. However, the project was never intended to be a project of the City. In fact, it was always identified as a project that would be funded by CRA monies, and that's also evidenced by the 2007 execution of what we call the global agreement, the interlocal between the City, County, and Overtown CRA pledging funds once the -- they were available. Commissioner Carollo: Okay. And again, we have available for infrastructure, we have what, 3.4 million. And once again, I've gone over all the different sections where we have these reserves or contingencies and so forth, and you know, I just caution. Moving on to grants and aids, I have a question. The environmental remediation at Bicentennial Park, the amount budgeted was $2 million. The amount expended I see it as zero. I don't think that's correct. Mr. Valentin: Because what happened is -- remember, Commissioner, I prepared this budget as of October 1, 2011. I will say that as of to date, we have expended almost half a million dollars. Commissioner Carollo: Question, but the amount expended is as of October 1, correct? Mr. Valentin: Well, the budget is prepared on that date. However, I think we made the payment close to December. Mr. Bockweg: It was in December, Commissioner. Mr. Valentin: In December 2010. Mr. Bockweg: We made two invoice payments. We have received information today from the CIP Department that the total bill, if you will, will be close to a million dollars. We had initially anticipated it to be closer to 750,000, but they have provided a couple of invoices, and it was just told to me that it would be closer to a million dollars. So then if that's the case, I will not be -- obviously, I'll be coming back to reallocate that million dollars to another project, which I personally do not feel comfortable doing until obviously that project is -- that particular project is complete and closed. But I will be coming to you to reallocate those funds. City of Miami Page 11 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes February 28, 2011 Commissioner Carollo: Okay. And again, in grants and aids, here we have, I believe, three, four, five line items with reserves and reserves and reserves that, you know, I'm concerned about, from job creation -- available for job creation, 180, 000, to quality of life, 900,000 or 1.2 million and so forth. And again, it's just a concern that we have all these accounts that are, you know, supposed to be contingencies or, you know, reserves. Mr. Valentin: Basically, I think that we need to view this or to see this as money that we have available and we are awaiting for your feedback as to how you want us to allocate that money. You know, I'm referring to all the Commissioners. Commissioner Carollo: No. I think that point is well taken. I just want to make sure that we, you know -- that -- yeah, I'm just not going to repeat myself. Moving forward, the last thing that I wanted to mention was the 620, 000. Mr. Valentin: Yes, sir. I will do. Commissioner Carollo: Just like in Overtown, I want to request a friendly amendment that since it's really only 600, 000, that 20,000 be moved to the budget reserve. Chair Sarnoff Maker accept? Commissioner Dunn: Accept. Chair Sarnoff. Seconder accept? You had seconded. I guess you'd be accepting. Commissioner Carollo: Of course. Chair Sarnoff All right. Any further discussion on CRA number 3? All right, then all in favor, please say aye." " The Commissioners (Collectively): Aye. Ms. Xiques: Commissioner -- Chair Sarnoff CRA number 4. Ms. Xiques: -- just to clarify, you will be adopting that -- Chair Sarnoff As amended Ms. Xiques: -- with modifications. Chair Sarnoff Correct. 4. CRA RESOLUTION 11-00172 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA") AUTHORIZING THE ISSUANCE OF A GRANT, IN AN AMOUNT NOT TO EXCEED $1,143,000, TO THE CITY OF MIAMI TO AID IN ITS MATCHING FUNDS OBLIGATION UNDER THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") GRANT FOR IMPROVEMENTS TO THE BAYWALKAT MUSEUM PARK; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS, AT HIS DISCRETION, ON A REIMBURSEMENT BASIS City of Miami Page 12 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes February 28, 2011 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, "OTHER GRANTS AND AIDS," ACCOUNT CODE NO. 10040.920101.883000.0000.00000. File 11-00172 02-28-2011 Cover Memo.pdf File 11-00172 02-28-2011 Financial Form.pdf File 11-00172 02-28-2011 Backup.pdf File 11-00172 02-28-2011 Legislation.pdf File 11-00172 03-10-2011 Cover Memo.pdf File 11-00172 03-10-2011 Legislation (Signed).pdf File 11-00172 02-28-2011 Legislation (Version 2).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, Commissioner Carollo and Vice Chair Suarez Note for the Record: Item 4 was deferred to a special meeting to be scheduled on March 10, 2011. Direction by Chair Sarnoff to General Counsel to send each Commissioner a copy of the actual memorandum; any statutes cited in said memorandum shall be attached as Tab 1; any case law cited shall be attached as Tab 2; any Attorney General opinion shall be attached as Tab 3; any past practices shall be attached as Tab 4; and any issue deemed helpful shall be attached as Tab S. H. Bert Gonzalez: Good evening, Commissioners, board Bert Gonzalez, assistant director for the Omni CRA (Community Redevelopment Agency). In front of you, you have a resolution for the Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency authorizing the issuance of a grant, in an amount not to exceed $1.143 million to the City of Miami, to aid in its matching finds obligation under the Florida Inland Navigation District, known as FIND, for improvements to the bay walk at Museum Park; authorizing the executive director to disburse fiends at his discretion on apresentation of invoice and satisfactory documentation; further authorizing the execution of all documents necessary for said purpose in a form acceptable to the general counsel; allocating funds from the Omni tax increment And, other grants, aids, and the code number "X. " Chair Sarnoff. Mr. Gonzalez, this grant money is -- this would be matched by FIND or it would be --? Mr. Gonzalez: That is correct, Commissioner. Chair Sarnoff So 1.14 million would be matched by FIND with 1.14 million? Mr. Gonzalez: That is correct. Chair Sarnoff Okay. All right, let me open up to a public hearing. Anybody from the public wishing to be heard on CRA 4? You're recognized for the record, Mr. Krieger. Stanley Krieger: Thank you. I think there's a timing problem that prohibits you under state statute from using the TIF (Tax Increment Fund) funds for this project. First of all, let me state that I heard the lady say that it was always intended that this would be a CRA project. How could it have been? Museum Park was not even within the Omni CRA area until recently, so it City of Miami Page 13 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes February 28, 2011 was 2009 or 2010 when it was finally put in the area. State section 6 -- Florida law section 163.370(3) (b) basically says that you can't use TIF money for a capital project that was scheduled in a City plan within three years of approval of the CRAss plan. I don't know -- I've heard that this was -- that the CRA doesn't have enough resources to have its own plans or community development projects and being able to manage and implement it. I find that somewhat difficult to believe with the amount of money we're spending on the CRA budget. However, I think that you need to carefully look at this section before you pass this. Priscilla A. Thompson (City Clerk): Excuse me, Chair. Chair Sarnoff Yes. Ms. Thompson: If we might have the speaker identifir himself for the record. Chair Sarnoff Stanley, could you put --? Mr. Krieger: I'm sorry. My name is Stanley Krieger. I live at 1717 North Bayshore Drive, and I'm general counsel for Norman Braman. Chair Sarnoff Madam City Attorney, Florida Statute 163.370(3)(b)(3), does it have any application here, and if so, what effect does it have, if any? Veronica Xiques (Assistant General Counsel): Commissioner, as we stated a few minutes ago, the September 23, 2010 memorandum addressed that very specific issue. In that memorandum we said that the City first listed the project on its 2007-2008 proposed capital budget and multiyear capital plan. However, the project has never been a project of the City, i.e, the Omni CRAss governing body. Instead, the project, like every other Omni CRA project, was included in the City's '06-'07 proposed capital budget and multiyear capital plan because the Omni CRA does not have the ability to manage and implement its own projects. The intent of Section 163.370(3)(b) is to prevent the governing body from identifying a particular project, deciding to fund the project from funds available to it and later deciding to shift the expense to a CRA because the project qualifies a redevelopment activity. The County's, the City's, and the CRAss intention in this regard is clearly expressed in, one, the plan, the global agreement, and the public meetings of the parties. The City Attorney has already opined that this issue is not relevant to this resolution and it is an authorized expenditure. Mr. Krieger: I only have one comment to that. Since when does a global agreement or any agreement trump a state statute? I just don't think it does. Thank you. Chair Sarnoff All right. You're recognized for the record. Brad Knoef er: Hello. Brad Knoef er, president of the Omni Park West Redevelopment Association. I'm actually here to support the resolution. I'm someone who is a big advocate of streetscapes, quality of life. I think that the bay walk is something that has been going on for way too long that we need to finally implement, exactly like the 9th Street Pedestrian Mall was supposed to be part of the connectivity of the different neighborhoods. We need to hopefully revisit that one of these days. But I did want to take this opportunity to just request that the Board and the executive director look at maybe refocusing a little bit of the spending priorities of the CRA based on the community needs. I think that everybody realizes that the overwhelming community, especially in Overtown and my neighborhood, are jobs and economic development. Now if you look at the CRA agenda past six, nine months, I think we've given 5.9 million to Museum Park for architectural fees, 2 million for environmental remediation. Again, money here, another 1.1 million. The only significant job creation program that I can think of is the media film and entertainment initiative, the $500, 000 for the two CRAs that was passed last October. And to my knowledge, not a single grant has been issued from that, even though City of Miami Page 14 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes February 28, 2011 there've been several applications. So if you look at the agenda, it looks like the overwhelming community priority is Museum Park, and we all know that that's not the case. I would just respectively ask that the Board and the executive director try to count a little bit more the community's needs, which are the job creation and so on, rather than focusing only on -- or 90 percent of the spending on these large capital projects. Thank you. Chair Sarnoff. Well, Mr. Knoefler, just to kind of put it in perspective, what you're saying, you're dealing specifically now with the Omni CRA. The Omni CRA acquired the skills building. In doing so, 3.1 million, of which we'll get 1 million back from FDOT (Florida Department of Transportation), and that is intended to be a huge job growth project. And that is in and of itself probably the biggest economic engine that will face the City of Miami from a totally owned City of Miami project of anything in the City. So I would respectfully somewhat disagree that the Omni is not focusing on jobs. I think the Omni's responsibility is equally to the 13,000 residents that have moved downtown and don't have a place to call their own as a park. And I think that was always intended to be Miami's Central Park. So I think we owe something back to the citizens for quality of life, as you said earlier, especially with regard to the people that purchased either adjacent to, across the street, or just down the block from -- if you want to call it Bicentennial, if you want to call it Museum Park, I don't -- I hear the argument by counsel, but taking off my lawyer's hat, I ask myself, turn the page. Let's say we don't fund it. We have a dirt pit? So -- Mr. Knoefler: Yeah. I guess the only point I would just make respectfully is that things like the skill center are good projects longer term, but they have really little short-term job creation. Just remember that the private sector is very, very difficult right now. No banks are lending money. It's extremely hard, so please just respect that those of us out there struggling and please keep us in mind. Thank you. Chair Sarnoff Thank you. Mr. Joseph, you're recognized for the record. Fred Joseph: Fred Joseph, 1717 North Bayshore Drive, Suite 3856. I'm going to take you to another direction. This park has been in the process -- I'm sorry, Museum Park has been in the process since, oh, probably '95, '96. I think putting money into beautiful pavers and doing this bay walk as we've already done the seawall, and you can walk it now, is very premature, even though somebody else is going to give another million and a half. You're going to totally destroy it, but I go there. I know it. I fy kites there. This is not ready. This won't be ready until they keep -- until they're finished pouring the wheelbarrow of concrete that they're pouring per day and it's very, very slow. And that park is going to stay a mud pit. Every time it rains, it foods up to your knees. We're trying at Bayfront Park to use it as a commercial venture when it comes along, like you'll have music fest and you'll have extra. We just got -- had Circus [sic] du Soleil that made an enormous amount of money for the City. I just think you're prematurely throwing some money in there. And I'm not opposed to the basic concept because I've been on that bay walk study for years. You can't even get the Miami Herald to open their gate to let us, the owners of the property adjacent to it, to walk and enjoy it. I think your priority is a little bit short, and I would expect the executive director maybe to look at something and bring it back to you because, again, you're right; the public wants some place. Go to Margaret Pace Park. There's hundreds of people in there, but this park is not ready. It is not even close. You're going to spend more money fixing. And if you think they're -- Chair Sarnoff But Mr. Joseph -- Mr. Joseph: -- pulling light poles; they're going to be pulling out pavers. Commissioner Sarnoff. -- why don't I allay your fears. Because the reason for bringing this up now is so that you can go to FIND and get -- procure their 1.4 million -- $1.14 million commitment. You wouldn't build this until the museums have been sited and then the park starts City of Miami Page 15 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes February 28, 2011 construction. You're right; you wouldn't put the horse before the cart. However, if you don't do this now, you materially take yourself out of FIND for the whole year cycle. So you have to wait a whole year before you can even put yourself in line for the FIND grant. All this does is demonstrate to the FIND commission that we have the ability to match their amount of money. You're right; nobody's building this in September, October, or December of this year. But when you put the FIND grant together and that doesn't come until -- I don't even know if it comes in '011 [sic] or if it comes in '012 [sic], and then you can start putting together and culling together what will inevitably be, if you want to call it Bicentennial Park, if you want to call it Museum Park -- I don't know if we've ever resolved what to call it. It's always Bicentennial Park to me. But then you will have a park that's ready at the same time that the museum, at least MAM (Miami Art Museum), is being completed. You're right; you wouldn't do it until MAM is completed. Mr. Joseph: Chairman, I agree with you entirely, but is our executive director going to be coming back to you and saying time ran out, now we have to give them back this money, as we have on other grants from FIND or bay -- or Biscayne Monument Park? So I'm just putting the question out to you because you were worried about stealing light poles. They'll be stealing pavers because there's nobody in there and they have a very unique situation of nobody wants to go in and chase them out. Thank you. Chair Sarnoff Thank you. Pieter Bockweg (Executive Director, Community Redevelopment Agency): Mr. Chair. Chair Sarnoff Yes, sir. Mr. Bockweg: Mr. Chair, as it relates to coming back to get -- de -allocate the funds, this money that is being allocated now is contingent on the FIND grant being approved and being awarded to the City of Miami. Chair Sarnoff And I think all Mr. Joseph is saying is he doesn't want pavers to go in there until the rest of the park looks like a park. Anyone else from the general public wishing to be heard on this item? Hearing none, seeing none, coming back to the Commission [sic]. Is there a motion? Commissioner Dunn: Motion for discussion. Chair Sarnoff You're recognized -- sorry. Is there a second? Commissioner Gort: Second. Commissioner Carollo: Second. Chair Sarnoff All right. We have a motion and we have a second. Commissioner Dunn is recognized for the record. And I apologize, it's not Commission. It's the CRA Board. Commissioner Dunn: Thank you, Mr. Chairman. I would ask the -- Madam City Attorney for the CRA, pardon me, CRA attorney, if she would share again the position that we've taken in terms of the, I guess, legality of this project as opined by the City. You reiterated -- I'm asking you to reiterate it for clarity. Ms. Xiques: Yes, absolutely, Commissioner Dunn. To clarify or reiterate what was previously said, the City Attorney's office, September 27 of last year, we sent a memorandum to Pieter Bockweg. It was based on a specific legal services request that asked the City Attorneys office to address, one, the legality of the use of CRA TIF monies on the Museum Park project, and two, the legality of the timing of the use of CRA monies for the project. We have opined that it is a City of Miami Page 16 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes February 28, 2011 permissible use. The specific limitation or prohibition in 163.370(3)(b) does not apply to this particular project. We have opined that this particular project is and has always been a project of the Miami Omni CRA rather than the City of Miami. Its inclusion in the City of Miami's capital improvement plan was just to be able to use the City of Miami's departments and resources in implementing this project, but this is an authorized and legal use of Omni TIF monies. Commissioner Dunn: And you are unequivocal in your opinion of the --? Ms. Xiques: Yes, Commissioner. This opinion was rendered after a lot of analysis of both the state statutes, the parties' intents, and we do believe that this is the correct response. Commissioner Dunn: Thank you. Chair Sarnoff Commissioner Suarez, you're recognized for the record. Vice Chair Suarez: Thank you, Mr. Chairman. I think -- as I drove in front of the project today or in front of the park today and saw that it was, notwithstanding Mr. Joseph's use of the park, pretty abandoned, I'm very frustrated with the fact that we have this piece of property that sits dormant, languishes for many, many, many years, and it would be a nice -- nice to have -- want to have kids -- a place to take them to by the water where they can enjoy it. What I am a little concerned about -- and this is something that I've expressed at the Commission level, and I don't want to impede our ability to get a matching grant for this, but when, you know -- and I said this at the Commission level. When there's a legal issue that is brought up with reference to our use of funds, it would be nice to have in our backup documentation the legal analysis so that we can do our own diligence and study the subject. And that's the problem that I have because -- not that I don't agree with what the City Attorneys saying or that I doubt her in any way, shape or form, but it would be nice to have -- and I've asked for it at the Commission level, and I think the City Attorney has started to provide that for us. It would be nice to have it, you know, also at the board level so that we can do our own -- and I happen to be a lawyer. You happen to be a lawyer, and I'm sure everyone else here has the ability to do their own independent research to confirm that -- to get a comfort level with the expenditure of funds. We've had, I think it's fair to say, over the last -- since I've been elected, we've had some questions about some of the use of our funds and the legality of those uses. And so I think it's fair to say that it's not a bad idea for us to have the backup information so that we can make that analysis. I don't want to put in jeopardy the grant, but you know, it would be nice -- I think this is a pattern of requests that I've been making for a while and it's starting to -- I mean, I know in the Commission we had a state statute very recently that was included in our packet and I appreciate it, but it's something that I think whenever there's a County ordinance, a state statute or any other municipality which may relate to the subject matter that we're supposed to approve, I think we should have that legislation in our packet. Chair Sarnoff Let me ask. Pieter, when is the FIND grant due by? Mr. Bockweg: I have Lillian here, who is the head of the Grants Department for the City of Miami, who can address all the specifics with the grant, Commissioner. Commissioner Carollo: I think it's March, April, maybe. Chair Sarnoff I think it's -- Lillian Blondet (Interim Director, Grants Administration): Good evening. Chair Sarnoff. -- I know it's in March. I just don't know when in March. City of Miami Page 17 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes February 28, 2011 Commissioner Carollo: I think it's March/April. Ms. Blondet: Lillian Blondet, Office of Grants Administration, City of Miami. The grants are due the first day of April, April 1. Chair Sarnoff. Of April. Ms. Blondet: They have to be there. We have seven grants that we're writing and this is one of them. Chair Sarnoff So in that case, why don't we move to continue this something -- I think you're putting something -- Vice Chair Suarez: March 10, I think. Chair Sarnoff -- on the Thursday -- Vice Chair Suarez: Yeah, March 10. Chair Sarnoff -- yeah, Thursday agenda. Ms. Blondet: Yeah. Chair Sarnoff So we'll do a motion for a contin -- well, is there a motion for continuance -- Commissioner Gort: Move it. Chair Sarnoff -- to March 10? Commissioner Dunn: So move. I'll -- we have to -- Chair Sarnoff Does the maker of the first motion withdraw his motion? Commissioner Dunn: I will. Chair Sarnoff All right. And now is there a motion to continue this to the next Commission [sic] agenda? Commissioner Carollo: So move. Commissioner Dunn: Yes. Chair Sarnoff We have a motion by the Vice Chair, second by Commissioner Dunn. Mr. Bockweg: Mr. Chair, I apologize. The meeting on March 10 is for Southeast Overtown/Park West only. Would you also like to have a special meeting for Omni? Chair Sarnoff If that's possible, Mr. Bockweg. Mr. Bockweg: Sure, absolutely. No, I was just -- wanted to clam. Ms. Blondet: 'Cause March 24 we're bringing this items to the City of Miami Commission 'cause we need approval for all the items, so it's prudent to go before. Chair Sarnoff Well, let me ask you this. If we wait until March 10, will it --? City of Miami Page 18 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes February 28, 2011 Ms. Blondet: We'll be fine. Chair Sarnoff Okay. Ms. Blondet: It has to be before the March 24 meeting. Chair Sarnoff And would the City Attorney make sure that -- Here's my request. I want you to send to each Commissioner the actual memorandum. Any statutes that you cite in that memorandum should be attached as Tab 1. Any case law that you cite to should be attached as Tab 2. Any attorney general opinion should be attached as Tab 3. Any past practices shall be attached as Tab 4. And any issue that you think would be helpful should be attached as Tab 5. Vice Chair Suarez: I like that. Commissioner Dunn: Yeah. He just articulated it, didn't he? Vice Chair Suarez: I like that. Chair Sarnoff You like that? Vice Chair Suarez: My chief of staff is nodding his head in agreement -- Chair Sarnoff And Mike Llorente will be -- Vice Chair Suarez: -- over here. Chair Sarnoff -- giving us his opinion. Vice Chair Suarez: Yeah, Holland & Knight litigator. He's definitely -- yeah, he's -- okay. Commissioner Carollo: Mr. -- Chair Sarnoff. You all right with that, Madam City Attorney? Ms. Xiques: Absolutely. Chair Sarnoff All right. Commissioner Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Commissioner Carollo: I have a question. We actually have two attorneys here. We actually have Mr. Bloom here, and he's been very quiet, but you know that I feel that we should get the most bang for our buck. Since he's been sitting here, I'd like to ask him if he could chime in and see what his opinion is or if he's done any research on it or so forth or -- I'm just -- William R. Bloom (Special Counsel, Community Redevelopment Agency): Commissioner -- Chair Sarnoff Make him earn his commission. Commissioner Carollo: I'm just trying to -- Chair Sarnoff Make him earn his wage. City of Miami Page 19 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes February 28, 2011 Commissioner Carollo: -- make him earn his money since he's been here for -- Chair Sarnoff I gotcha. Commissioner Carollo: -- "X" number of hours. Chair Sarnoff Mr. Bloom, you're recognized. Mr. Bloom: Commissioner, I have not looked at the issue. As it was expressed previously, I'm given specific tasks and this was a task that was being handled by the City Attorneys office, and so the CRA did not incur any funds from me to get involved with that. The primary reason today I was involved in the Camillus House transaction, which was deferred. Chair Sarnoff Mr. Bloom, would you be able to give us your opinion prior to the March 10 meeting? Mr. Bloom: Yes. Chair Sarnoff All right. Is this -- is that an acceptable practice? It's going to cost us, right. But that's the question: Do you want a second opinion? Commissioner Carollo: The only reason why I asked is because he's sitting before us so I figured, hey, you know, let him earn his money if he's before us. Chair Sarnoff Any smart lawyer is not going to speak without having read everything and done an analysis, so I'll protect your (UNINTELLIGIBLE) right now. Is it the will of this Commission [sic] to have a second opinion? I'm sorry, is it the will of this Board to have a second opinion? Commissioner Dunn: I'm okay. Commissioner Gort: I'm satisfied with our attorney. Commissioner Carollo: I think I'm okay also. Chair Sarnoff All right. Thank you, Mr. Bloom. We will let you go that -- Holland & Knight will not be achieving its goal today. All right, so we have a motion and we have a second, I believe, on the continuance. Ms. Thompson: That's correct. Chair Sarnoff All in favor, please say "aye." The Commissioners (Collectively): Aye. Chair Sarnoff All right. Ms. Thompson: There's a -- Commissioner Carollo: Mr. Chairman, I'm sorry. Chair Sarnoff Yes, sir. You're recognized. Commissioner Carollo: I guess as a point of privilege, a question to the executive director. City of Miami Page 20 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes February 28, 2011 Chair Sarnoff. Go ahead. Commissioner Carollo: Purpose of Mr. Bloom being here today other than, I guess, for the -- what was it, the Camillus House? Mr. Bockweg: Camillus House. That's correct, sir. The Camillus House, the settlement agreement. Mr. Bloom and I negotiated the amendments for the Camillus House and I wanted to make sure he was available to answer any legal questions pertaining to that. Commissioner Carollo: But that was with Southeast Overtown, correct? Mr. Bockweg: That's correct. Commissioner Carollo: And that's been -- that meeting's been over for what, how long ago? Thirty minutes, an hour? Are we still being charged, Mr. Bloom? Mr. Bloom: Yes, sir. Commissioner Carollo: We are? Why, Mr. Executive Director? Mr. Bockweg: I can't answer that, Commissioner. In case there was any legal questions pertaining to any property -- Mr. Bloom: Past practice is to have me as special counsel to attend the meetings. At different times different things come up and it may have been an issue regarding firehouse 2, may have been an issue regarding Ward Rooming House or other issues that I've been involved with, which general counsel has not been involved with. Mr. Bockweg: I want to make sure, Commissioner, that any questions you may raise get answered by the most knowledgeable person. Commissioner Carollo: I just had one and it wasn't answered. And I'm not trying to give you a hard time. I'm just -- Mr. Bloom: The answer was -- and I was aware of the issue, except the executive director chose not to have me get involved doing the legal research because the City Attorneys office had already done it and so in most economy was to have the City Attorney address the issue that was presented and not to have another opinion provided. Chair Sarnoff You know, this brings up an interesting area, and I don't know that you're all aware of this. Correct me if I'm wrong, the City Attorney charges the CRA. Ms. Xiques: In the past, the City Attorney's office has requested that payments be made. Our current budget doesn't reflect that any payments from the CRA have been made to the City Attorney's office. Over the last week, I prepared a printout of my time to take to a meeting that Commissioner Dunn's office has requested with the executive director and myself, and at that time, we'll discuss all issues surrounding possible compensation. Chair Sarnoff And correct me if I'm wrong, Madam Clerk, you charge the CRA? Ms. Thompson: Yes, sir. Yes, sir, we do. We are a part of that budget. Chair Sarnoff Okay. So I think it should be clear, or at least was our intent -- or at least I think our past practice that those services we use from the City, that which we consume, we pay back. City of Miami Page 21 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes February 28, 2011 DISCUSSION ITEMS 5. 11-00132 Commissioner Dunn: Which -- Mr. Chair. Chair Sarnoff You're recognized. Commissioner Dunn: Which really suggest that it's not a burden to the budget of the City. Is that what you're --? Chair Sarnoff Right, correct. Commissioner Dunn: Okay. Chair Sarnoff You said it -- you were getting to the conclusion. I was just trying to draw the facts out. Mr. Gonzalez: And Mr. Chairman, also the IT (Information Technology) Department gets to get paid by the CRA for their services here. Chair Sarnoff I heard they had to be paid cash before they'd come. Commissioner Carollo: Now -- and I -- and Mr. Chairman, I'm sorry. Chair Sarnoff Go ahead. You're recognized. Commissioner Carollo: And my point is I could see what the City Clerk is actually doing. I could see what the IT Department is doing. I could see what our City Attorney is doing. I just have a problem, you know, paying someone and not really seeing what they're doing. Yeah, I could see on a contingency -- once again, we keep bringing the same, you know, words, analysis, contingency basis, but that's why I'm -- that was why I was so cautious with $125, 000 there 'cause I could see how they could spend it. I mean, sure, come to this meeting, come to that meeting, and we're billing -- you know, they're doing billable hours, but really, are we getting our bang for our buck. I mean, you know -- and by all means, I'm not saying you're not a great attorney or your firm or so forth. I just would like to see, you know, exactly what, you know, at least for this meeting, you know, we're going to pay whatever amount it is. So that -- I just wanted to point it out. Chair Sarnoff So, Mr. Director, I think you should take away from this that you should be judicious in having two attorneys here. Mr. Bockweg: Yes, sir. Chair Sarnoff That's all. I think that's all the Vice Chair is saying. He's just saying be judicious. Just if you happen to know there's an issue with one CRA and the other CRA will not have that issue, make it clear that Mr. Bloom's time is only needed for that particular purpose. Mr. Bockweg: Yes, sir, will do. Chair Sarnoff Because we're going to hold you accountable. CRA DISCUSSION DISCUSSION ITEM REGARDING MIAMI ACCESS TUNNEL PROJECT. City of Miami Page 22 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes February 28, 2011 File 11-00132 02-28-2011 Cover Memo.pdf File 11-00132 03-28-2011 Cover Memo.pdf File 11-00132 02-28-2011 Port of Miami Tunnel Update.pdf CONTINUED Note for the Record: Item 5 was continued to the next regularly scheduled Omni Community Redevelopment Agency meeting. Chair Sarnoff All right, discussion item. We have Miami Access Tunnel. H. Bert Gonzalez (Assistant Director, Community Redevelopment Agency): We have invited Mr. Chris Hodgkins and some of his staffers to give you an update on the progress and other job creation issues at the port tunnel. Chair Sarnoff All right, Chris. It's 7 in the evening. Now we're ready for you. Chris Hodgkins: Thank you, Mr. Chairman, Commissioners, the CRA (Community Redevelopment Agency) staff. Thank you for having us here today. My name is Chris Hodgkins. I'm vice president of Miami Access Tunnel. And it was about a year ago I came to a CRA meeting. It was the CRA meeting about the Hospitality Institute, and you folks graciously and in a very smart way extended more money to that. And on behalf of the Miami Access Tunnel, we've attended every one of those Hospitality Institute trainings and have actually hired quite a few folks out of there and have be -- and that's where we've began what I think is a good partnership with the CRA. And I look at it because a year ago in February is when I started in this job and my first day on the job was when Bill Johnson gave the State of the Ports. And for many of you who were at the State of the Ports this year, you heard him talk about his partners in building jobs, building the economy and growing that port. And I was proud to see that the news clip that he used was the CRA efforts at Folk Life Friday in Overtown where we did our job fair and had over 400 people at that job fair. We've also been doing many things throughout Miami -Dade, but we know the importance of this area, of Overtown, the CRA, and most importantly, know of your funding in portion of the City's commitment to that. So in that light, what we have done over the past year is tried to put in place not the spoken word because, as many of you know, we can all get up and say many things to try to please you, but we put together a written word, and that written word is our procurement plan. And that procurement plan was drafted by Marsha Jackman, who's had great experience here in the County, to make sure that we're going to be inclusive, to make sure that we're going to reach out, to make sure that our DBE, our small businesses, and many folks are going to have opportunity. And in that light, what happened primarily as a result of what many of you have done is we began Operation 305. And Operation 305 started because one day I was at the site and I saw a truck of which I didn't recognize the area code, and when I dialed that area code, I got nothing. And when I went home and I Googled that, it was actually what they talked about a national area code of which you can't find out because it's the way folks that try to hide where they're coming from. In this case, there was a fence contractor from Atlanta and had an office in northern Florida. But as a result of that, we became cognizant, Matt and Bouygues, our partner, that what we want to do is hire local, make sure we subcontract locally, and that this project becomes a mirror of the community. So that's what we've tried to lay the foundation for. And in addition to that, we also wanted to be a good partner in the community. Last week we had over 200 children, for example. It was engineering week. We were at Booker T. Washington high school in their engineering class. It was a great experience. And -- but that's the type of things we want to do. But it's like the Robert Frost poem, Miles to Go Before I Sleep. And we got a long way to go, and we have to make a good commitment. But what I'm here tonight on behalf Miami Access Tunnel as the vice president, what I'd like to do is we're turning the mantle, the baton to our contractor to make sure that they can build on this foundation to make sure that we're going to continue to do the right thing. Right now when there's a job, it goes out to 30 governmental and non -governmental agencies about what positions we have. We deal directly with your NET (Neighborhood Enhancement Team) office, through Loren Daniels, in making sure that we're all part of the community, but City of Miami Page 23 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes February 28, 2011 that's never not enough and we need to codify all of that and we need to trace all of that. So what we're going to do is we're going to have our contractor, Bouygues, through their spokesperson, the director of communications, Luz Weinberg, is going to give you a report of where we are and where we're headed, and we hope that everyone can build on that. So I want to thank you for your time, and if you have any questions before I introduce Luz, I'd be glad to take them. Commissioner Dunn: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Dunn: And first, no pun intended to Ms. Weinberg, and certainly -- but I'm somewhat really honestly offended. I really would like to have someone come who is an expert, who has expertise in the area of hiring because we get bombarded every -- at least my office does. Every week I get hundreds of calls. I can't even go to the grocery store in my -- and that's part of service. I can't -- I get bombarded with jobs and the tunnel project. People are -- I mean, and you know, and many times I'll ask them to call my office, call you, and call your office, and you know, we -- you take it from there. And I'm -- and I really, really would love to have an expert, so if you can communicate that back to the tunnel people that really any other way of communicating is to -- nothing personal towards you. I respect you and respect what you do, but I really take it personal because one of the things that really frustrates me and one of the things that really agitates me -- and that's -- and I don't want to get into this, but a lot of folk were, you know, why are you -- what's the problem with you and the police chief? Well, I'll tell you what it is, and I'm not going to get into that. When I find out that some of the information that's being conveyed to me is not factual, I get upset because what happens, I put myself on the line to the people who elected me to serve. And my responsibility to them as sworn -- as a sworn elected official is to give -- to respect them and to convey to the community, to the City, to the powers that be that these are the concerns of the people of District 5. And when I go out on a limb and support projects and support people, support department heads and I find out that the information is not factual or not totally forthcoming, it infuriates me. And so, with that in mind, I'm going to ask that this information be -- this item be deferred and that I'm going to ask that you would somehow give a report to all of the Commissioners and let us know exactly what's going on because I'm overwhelmed. I mean, and people are -- the economy is bad and I always say this and it's -- when the City has a cold, District 5 gets pneumonia. And so it -- I just want that to be the tone and tenor that people understand. We have a wonderful combination on this dais. You've got a person that deals with finance, and I respect him, my colleague. We have two legal minded persons. Commissioner Gort is a business mind. But I see myself I have to be, in many cases, the humanitarian and social conscious part of it, you know. And I believe it makes the whole thing. And I have to respond to the people in the district, and they're constantly being bombard -- every week there are hundreds of calls, and that's where my frustration comes. And a lot of folk don't understand it is never personal with me. It can become personal, but it is not personal. So I'm going to ask my colleagues to please respect my request that this item be referred [sic] and that the tunnel people come -- you know, we've got to have an expert to elaborate on these facts because I'm really frustrated about this. I -- and it's nothing personal towards you. I respect you, but this is not acceptable. Chair Sarnoff Commissioner Gort -- I'm sorry, Mr. Chair. Commissioner Gort: I'd just like to add when you bring your report, the expectations a lot of times on jobs and different projects, it's a lot more than what people believe to. When you come back, I'd like for you to let us know how many people you're really going to hire, how many people are working and what percentage of those people -- because that's very important. The same thing happened with the stadium and it happen -- Commissioner Dunn: Yeah. City of Miami Page 24 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes February 28, 2011 Commissioner Gort: -- with any major development that we have. The expectations sometimes go beyond what's realistic. So when you come back, please let us know the amount of jobs that you be producing at the stages of those jobs (UNINTELLGIBLE) be producing, and what the quality of the expectation of the people going to be working in certain areas. Thank you. Chair Sarnoff Luz, you're -- Luz Weinberg: Yeah. Chair Sarnoff -- more than welcome. First off, this is Commissioner Weinberg, who comes from Aventura, and I think we should at least give her a five-minute, what she has to say. Ms. Weinberg: No, ifI may. And Commissioner Dunn, no offense taken whatsoever. I can certainly appreciate your frustration. I did -- I do have a PowerPoint presentation that I put together that may answer some of your questions. I also understand that you're in possession of Matt's January 26, 2011 report which did have some of the numbers reported. I bring you the numbers of Bouygues, my employer, and I do serve as director of communications. And just for the record, Madam Clerk, 1050 McArthur Causeway, Miami, Florida 33132. I do have our actual hiring numbers of Bouygues, where we stand today, and I also have what we have in terms of vendors and subcontractors' numbers. I don't have those employee numbers. We have a stack of data that just hasn't been compiled. When we come back, I can certainly have those ready for you specifically also as we did for our employer, my employer's numbers, specifically relating to gender, ethnicity, and ZIP (Zone Improvement Plan) codes, exactly where they reside. IfI may, I would like to at least leave you with this because it may appease some of your concerns to start with and we'll be more than happy to come back. We do have an HR (Human Resources) director who works closely with Matt and the other agencies that he mentioned that were part of Operation 305 as well. We also have close to 4,000 resumes that have come through our office. Now, remember, this is a progression of works for this tunnel. We're like in baby steps. You might recall, I was before you last month for the resolution approving our donation of excavated material. We just stared the excavation last Wednesday, so some of those lane closures you're seeing on westbound lane -- on the left-hand lane on the McArthur have to do with our trucks necessitating space to accelerate and come out. So something that came before you last month is just starting now next week -- last week. Over the next few weeks, there's just massive amounts of works that will be coming on board, particularly as it relates to the work underneath the bridge, so you will start to see -- we have to go through those thousands of resumes as works come up, but you know, most of those jobs are very specific to what we're doing. So while we would love to employ as many people as possible, we have to go by the works that we're required. And we're working also very closely with our subcontractors to make sure that they too are -- keep in mind -- and you'll see the numbers here, but half of them are from Miami -Dade County and they do want to make an investment in our community so -- Commissioner Dunn: Well, again, Commissioner, it's not towards you directly. I'm just saying -- Ms. Weinberg: Absolutely. Commissioner Dunn: -- so I would prefer and ask that my colleagues would allow -- you can leave whatever -- Ms. Weinberg: Sure. Commissioner Dunn: -- data or information. We'll be more than happy to study it and look over it, but I would like for this item to be deferred. Commissioner Carollo: So move, but I don't think we need a motion. I don't think we need a City of Miami Page 25 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes February 28, 2011 motion. Chair Sarnoff It's just a discussion. Do you want to be invited to the March 10 meeting, or do you want a little more time? Ms. Weinberg: I believe we might not have it -- that might not be enough time to compile -- I saw the data and it's not organized in any which way. The subcontracts were just -- Chair Sarnoff Okay, so why don't we -- Ms. Weinberg: -- started. Chair Sarnoff -- we'll bring you back to the next Omni meeting as a discussion item. And if you would, anything you're going to present to us -- let me be the Vice Chair for a second. He likes to get it five days ahead. Ms. Weinberg: Absolutely, and I can certainly appreciate that and understand that. I'm also -- we're also -- Bouygues is also more than willing to come periodically and bring you updates. I do -- you'll see some of the slides in the presentation tell you where we're at with the project. Chair Sarnoff I have a special request too. Ms. Weinberg: Yeah. Chair Sarnoff Could you -- would you give a special briefing to Commissioner Dunn and maybe leave him some charts so that he can show to the community exactly -- Ms. Weinberg: Where we're at. Chair Sarnoff -- where you are. Ms. Weinberg: And you are certainly all invited to come on our site. We will start managing some of the tours. We have a fire life and safety committee that meets once a month. Actually, our next meeting is this Thursday, March 3. It's 9 am. We put on our boots and we go on the site. And I think it'll be great if you could actually see what it is that we're doing. It's really a lot of work. And I do appreciate -- again, no offense taken. I'll be more than happy to come back and give you all the information. I know all about being accosted at the grocery store, so I want to make sure you have all the right information. Absolutely. Commissioner Dunn: Thank you. Chair Sarnoff All right, thank you. Ms. Weinberg: There is a copy I've already registered for the record with, Madam Clerk, and I'll just -- ifI may, I'll just come up and hand you the -- some copies. Chair Sarnoff All right. And gentlemen, anything else? Hearing nothing else -- Commissioner Gort: Move to adjourn. Commissioner Carollo: Motion to adjourn. Chair Sarnoff. We are ad ourned. Commissioner Carollo: Thank you. City of Miami Page 26 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes February 28, 2011 Chair Sarnoff. I don't think you need a motion. City of Miami Page 27 Printed on 8/29/2011