Loading...
HomeMy WebLinkAboutOMNI CRA 2011-06-09 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, June 9, 2011 12:00 PM or thereafter City Hall 3500 Pan American Drive Miami, FI. 33133 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 June 9, 2011 FINANCIALS 1. 11-00456 RESOLUTIONS 2. 11-00457 Present: Commissioner Gort, Commissioner Dunn II, Chair Sarnoff, Vice Chair Suarez and Commissioner Carollo On the 9th day of June 2011, the Board of Commissioners of the Omni Community Redevelopment Agency of the City of Miami met in regular session at Historic Miami City Hall, 3500 Pan American Drive, Miami, Florida. The meeting was called to order by Chair Sarnoff at 3:10 p.m. and was adjourned at 3: 43 p.m. Note for the Record: Vice Chair Suarez entered the meeting at 3:11 p.m. and Commissioner Carollo entered the meeting at 3:12 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 Todd Hannon, Assistant Clerk of the Board CRA REPORT FINANCIAL SUMMARY THROUGH MONTH ENDING APRIL 30, 2011. File # 11-00456-05-31-2011-Financial Summary.pdf PRESENTED ChairSarnoff.. (INAUDIBLE) to the Thursday, June 9, 2011 Omni CRA (Community Redevelopment Agency) Redevelopment Agency meeting. I know you're all here on that, right? Does anybody need to get sworn? Just kidding. Mr. -- Financial report, can you give us that? Miguel Valentin (Financial Officer, Community Redevelopment Agency): Good afternoon, Commissioners. I'm going to be presenting the combined statement of financial position as of April 30, 2011. The cash amount that we're disclosing is 35, 659, 821. And again, for the month of April, there is no reportable condition to report to the board. Chair Sarnoff All right. Do any of the board members have any questions? CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA") AUTHORIZING THE EXECUTIVE DIRECTOR TO IMPLEMENTA REVOCABLE LICENSE AGREEMENT PROGRAM WITH AN EFFECTIVE DATE OF APRIL 1, 2011; DELEGATING THE AUTHORITY TO THE EXECUTIVE DIRECTOR TO DEVELOP, MANAGE, AND ISSUE REVOCABLE LICENSES FOR THE USE OF ANY REAL PROPERTY OWNED BY THE CRA, AND TO EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO GENERAL COUNSEL; DIRECTING THAT FINANCIAL REPORTS BE PREPARED AND PRESENTED TO THE CRA City of Miami Page 2 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes June 9, 2011 BOARD ON A QUARTERLY BASIS DOCUMENTING THE REVOCABLE LICENSES ISSUED DURING THE REPORTING PERIOD; DIRECTING THAT ANY PROPOSAL FOR THE TRANSFER OF REAL PROPERTY OR ANY INTEREST IN REAL PROPERTIES OWNED BY THE CRA BE REVIEWED IN ACCORDANCE TO THE STATUTORY DISPOSITION PROCESS IN 163.380, F.S. AND BE PRESENTED TO THE CRA BOARD FOR APPROVAL File # 11-00457-05-31-2011-Cover Memo.pdf File# 11-00457-05-31-2011-Legislation.pdf File # 11-00457 05-31-2011 Legislation (Signed).pdf Motion by Board Member Gort, seconded by Board Member Dunn II, 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 -0028 Motion by Board Member Carollo, seconded by Board Member Dunn II, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: Commissioner Dunn II, Chair Sarnoff, Commissioner Carollo and Vice Chair Suarez Absent: Commissioner Gort Motion by Board Member Suarez, seconded by Board Member Dunn II, 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 Chair Sarnoff All right, CRA (Community Redevelopment Agency) number 2. Pieter Bockweg (Executive Director, Community Redevelopment Agency): Mr. Chair, item number 2 has to do with giving me the authorization -- the executive director authorization to commence a revocable license with possible tenants of properties that the CRA owns. This was heard in front -- in the Overtown CRA meeting, and it was amended with three conditions that I would in retrospect like to talk to you about for a minute because as I see it, the three conditions that are in place today would not really work for the objective of this item to begin with. And I'd like to make it specific to the skills center and give you an example of with the Rock ofAges that is currently occupying the space for the movie that's being shot on 14th Street and Miami Avenue. Rock ofAges came to me and a production of that grandeur and of that size and of a positive impact that I feel for the community would never have committed to that location with the conditions that the Board had put on me when negotiating the revocable license. And let me just remind the Board exactly what those amendments were that you imposed. You allowed me to negotiate a revocable license for a maximum term of 60 days. Time to terminate obviously is 30 days, and I would have to notify the Board within 10 days of me reaching an agreement for the revocable license. My concern is as follows. A production like Rock ofAges would never have committed to renting out the skills center for their production when I can only authorize them to use the space for 30 -- for 60 days and then bring it in front of the Board for approval to extend that time. They would never have made the investment of -- that they're making into the facility, the improvements they're making to the facility, and they would have simply just told me, you know what, Pieter, we're leaving. We'll find another location. As the term of the contract is today, we -- they're occupying the space for four months to about August. The terms that 1 had negotiated with them was that they will be paying us $5, 000 a month plus utilities, as well as improvements to the building after they leave, and they have also committed that they will go City of Miami Page 3 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes June 9, 2011 through their best effort to actually shoot part of the movie in that location itself. Again, I think it's vital to allow the CRA to be nimble in creating different opportunities in generating more revenue so that we can then re -inject that into the community. But a production house, which hopefully we will be commencing soon in construction like the skills center, will not be occupied with a 60-day term limit as imposed on me right now. So I was hoping that the Board would recant those restrictions and still require me to present to the Board or at least let the Board members know within 10 days of the agreement that I have negotiated, but at least extending the term, the maximum term or doing away with the maximum term, all of it, with no time limit whatsoever. As I said before, it is a revocable license. It can be cancelled within 30 days at any moment, but that is part of my concern of the restrictions that were imposed on me two weeks ago. Commissioner Dunn: Mr. Chairman. Chair Sarnoff Commissioner Dunn, you're recognized. Commissioner Dunn: Yes. Mr. Bockweg, could you just help d fferentiate between what we amended and voted for in favor at the Southeast Overtown/Park West and how -- I know, but just give me the -- that part of how -- if we put the same proviso in there or restrictions, how it would have adversely affected you being able to move forward on this Rock of Ages piece. Mr. Bockweg: Well, it wouldn't have happened, period. Commissioner Dunn: Okay, give me the stick -- Mr. Bockweg: And the restrictions that were imposed were -- Commissioner Dunn: Such as like -- Mr. Bockweg: The 60 days maximum term limit. Right now you've allowed me to negotiate a revocable license for 60 days and requiring a 30-day cancellation notice. Rock of Ages would have never committed to that location for 60 days to then await Board approval to be able to extend that time further. They would never have made that initial investment to begin with to move into that facility and use that facility. Commissioner Dunn: Understood. Mr. Bockweg: And they would have gone somewhere else. And I don't think that would be a good use of our potential space which ultimately we would like to use anyway for attracting movie production, commercial production, film production and whatnot that wants to commit to the space longer than 60 days. Chair Sarnoff Let me -- Commissioner Dunn: Go ahead. Chair Sarnoff -- ask you this question, Pieter, because I think what this Board is trying to do -- and let's face it, we're all City Commissioners. We want to protect ourselves against you entering into an arrangement which we think is inadequate. And I think that's really the point. I mean, one of the ways we could protect ourselves is by firing you, candidly -- Mr. Bockweg: That's right. Commissioner Sarnoff- -- but I don't think that's what we're trying to do. I think what we're trying to say is we certainly want notification. We want to know that you've entered into a deal City of Miami Page 4 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes June 9, 2011 with, let's say -- let's use Rock of Ages -- Rock of Ages. Let's say the facility was built out so it's in better condition than it's in right now and they'd want to know, well, why is it you're only getting 5,000 a month? And maybe you would have many explanations for each Commissioner and you could maybe satisfy it privately. You might be able to say to them, well, you know what, Commissioner, for four months, they're going to put $100, 000 worth of improvements and if I amortize that, that's a little over 25,000 a month; take the 5,000 a month, that's 30,000 a month . That's 5,000 a month more than we even think the facility's worth, and I think everybody would be quiet, but they wouldn't know about it unless you were required to make a disclosure. Now having said that, each Commissioner then should be able to bring to the Board, you know, a discussion item or a resolution cancelling. Let's say they say, you know what, I think it's $100,000 a month. Let's say he's just having a bad day, a Commissioner, or whatever you want to say, and he thinks it's 100, 000 a month and he wants to bring it up to terminate it. Hopefully, four other Commissioners would reason and say we all know this place is worth this, and we're going to vote to maintain the license. The thing that I think everybody wants the opportunity to do is to be notified of your terms and conditions so that you don't enter into what I think is colloquially called in the market, a sweetheart deal. Having said that, I don't know that we need anything on the back end in terms of you say maximum/minimums. Just leave it that you have to notdy the CRA Board within 10 days of entering into a revocable license, and we also put in there that each Commissioner has the ability to put that on the next CRA agenda as a discussion the terms and conditions of that license. I think that would satisfy me, and I think that would satisfy more of a license agreement, and that's how I see this. But we'll let the Chairman go and then we'll let Commissioner Suarez. Commissioner Gort: Let me ask a question of the attorneys. Revocable agreement, it means that we can close it at any time -- VeronicaXiques (Assistant General Counsel): Correct. Commissioner Gort: -- within limits. You have 30 days or -- how does it work? Ms. Xiques: Right. The discussion that we had last meeting is applicable to today's discussion. A revocable license should not have an end term because it is revocable at will at any time. What a revocable license can have, and is completely permissible, is a termination notice period. In this case last meeting, you voted for it to be a 30-day notice of termination, meaning if you have a particular entity or person occupying one of the CRA spaces and you have them there under a revocable license, you no longer want them there whether they've been there 2 days or 200, then you tell them, in 30 days, your revocable license is terminated, and that is the end of that particular term. The idea of up to 60 days discretion, which is what you passed at your previous meeting sitting as the Southeast -- Commissioner Gort: Time limit. Ms. Xiques: -- Overtown/Park West Board, we had discussed that it's discretion. It's not a term, meaning you were giving at that time the executive director the direct -- the discretion to enter into an agreement and it can last 60 days. It doesn't mean it can only last 60 days. It means that if he wants it to last 61 days, then he had to come to you and seek your approval. You also had as a condition the ability to revoke by placing an item on the agenda, which is what Commissioner Sarnoff is saying today. If you were to remove the 60-day discretion, that gives him free discretion to enter into any license agreement for any amount of time, which would achieve the purpose of this resolution, and you would still have the notice because he has to report to you within 10 days of granting a license. He has to give you what the terms of that are, and you have the ability to revoke it by placing an item on the agenda. So removing the 60-day discretionary timeframe would only help what a license -- revocable license agreement is supposed to be. City of Miami Page 5 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes June 9, 2011 Commissioner Gort: Thank you. Chair Sarnoff Commissioner Suarez. Vice Chair Suarez: Thank you, Mr. Chairman. I don't want to kind of rehash the whole discussion all over again that we had the other day. Suffice it to say that I think the way that we are talking about this and the way that we're structuring it, to me, makes it seem more and more like we're trying to create a lease arrangement. And what I was just asking the Clerk was we meet -- we, the City Commission, meets twice a month and the CRA meets once a month, so there's no less than three different opportunities in a given month. The Clerk just told me today that this meeting, which I didn't know about, was advertised on Monday for today. So it takes a couple of days to advertise a meeting, so there's really not that much, you know -- I mean, there's not that much delay. And I think it's in everybody's best interest, not just in the executive director, but in all of our best interest that if we're going to extend the lease, a four -month lease, then we should take a look at it and we should approve it. A revocable license is not a lease. A revocable license can be revoked at any time. We have revocable licenses when we go into a supermarket. Whenever you walk on private property, it's a revocable license. The private property owner has a right to tell you that you cannot be on this property anymore. That's a revocable license. So to me, I, again, have an issue with what we're trying -- in my opinion, we're trying to fit a square peg in a round hole, and I don't think we need to do that. I think we have ample opportunities in a given month to meet and discuss, you know, contracts. And again, we have two set Commission meetings a month, plus a CRA meeting, and it only takes a couple of days to notice the meeting. I mean, I think we noticed Monday for today, correct? Mr. Bockweg: Mr. Chair, if may. Commissioner, to address your points, the reason why the meeting was advertised on Monday is 'cause we had already advertised it two weeks before, and deferring the meeting during the Southeast Overtown/Park meeting in itself is considered an advertisement. So I'm just -- as far as the schedule is concerned, the -- Vice Chair Suarez: No. I hear what you're saying. I don't have a problem with advertising Monday for today. What I'm saying is -- on the contrary, what I'm saying is that there's plenty of flexibility for us to consider leases throughout a given month. We make it seem like there's only one opportunity with the CRA meeting, but in fact, there's a CRA meeting and there's two Commission meetings where we simply need two or three days of advanced notice to put it on our agenda and then we can, you know -- in theory. Now there's a five-day rule obviously in the City - - which doesn't apply in the CRA. Mr. Bockweg: No. Vice Chair Suarez: So, you know -- Mr. Bockweg: But I just want to make -- I'm sorry, Commissioner. Commissioner Gort: My understanding is -- and I'm not an attorney and that's not my expertise - - your biggest problem is lease compared to a -- Commissioner Carollo: Revocable license. Commissioner Gort: -- revocable license. What's the major problem with that? Vice Chair Suarez: A lease would have to be approved by the Board. Commissioner Gort: Right. Vice Chair Suarez: A lease may or may not have to go through the competitive process, City of Miami Page 6 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes June 9, 2011 depending on whether or not we decide to waive that process. A revocable license is basically -- Mr. Bockweg: I'm sorry, Commissioner. Vice Chair Suarez: No? Mr. Bockweg: I would have -- if I want to do a lease, I would have to put it out for an RFP (Request for Proposals). Vice Chair Suarez: So it does have to go to a competitive process. Mr. Bockweg: The revocable license does not -- with the revocable license, I do not have to put out an RFP. Vice Chair Suarez: But isn't there -- I mean, we waive competitive bidding all the time. I mean, not all the time, but we do it every so often where we have a super majority four -fifths vote and we waive the competitive bidding procedures. If we have somebody that comes in on a -- that wants to rent a property for four months, clearly, you're not going to go to an RFP to see who else might want to rent a property for four months. It doesn't make sense. As long as we're getting fair market value -- Mr. Bockweg: I agree with you, but the state statute requires if I do a license that I have to go through an RFP. Chair Sarnoff No, if you do a lease. Mr. Bockweg: Now with the revocable license, it does not. Commissioner Gort: If you do a lease -- Chair Sarnoff If you do a lease -- Commissioner Gort: -- you have to go through an RFP. Chair Sarnoff -- you have to go through RFP, not a license. Mr. Bockweg: I'm sorry, a lease. I would have to go through an RFP. Under the state statute with a -- Vice Chair Suarez: Unwaivable? Mr. Bockweg: Yes. I mean, I would have to put an RFP out there for -- under the state statute, I would have -- under the state statute, I am allowed to put out a revocable license without having to go out for a bid. Ms. Xiques: Right. What we discussed at the previous meeting, Commissioner, the major difference between the lease and the revocable license is that the lease transfers an interest in property. The lease is saying you exclusively have the right to use -- Vice Chair Suarez: Right. Ms. Xiques: -- this property. Vice Chair Suarez: Right. City of Miami Page 7 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes June 9, 2011 Ms. Xiques: The license is just saying you can come in as -- Vice Chair Suarez: At our discretion. Ms. Xiques: -- I can grant -- at my discretion, I can grant you -- Vice Chair Suarez: Right. Ms. Xiques: -- I'm the City of Miami, I'm the CRA, I'm the owner of this property; I can grant you and 20 other people the same authority to enter the premises. Vice Chair Suarez: Right. Ms. Xiques: So the state statute doesn't have any prohibitions against that because there's no interest in the property being conveyed. Vice Chair Suarez: Okay. Commissioner Gort: I have -- Vice Chair Suarez: I get that. But you're saying it's not a waivable requirement. Ms. Xiques: I'm sorry. What is not a waivable requirement? Vice Chair Suarez: The -- Mr. Bockweg: RFP. Vice Chair Suarez: -- requirement that it go out to competitive bidding for a lease. It's not waivable. Ms. Xiques: A lease -- no. The statues require that leases be advertised, correct. Vice Chair Suarez: Okay. Commissioner Gort: Mr. Chairman. Chair Sarnoff. Go ahead. Commissioner Gort: How many properties are we talking about? Mr. Bockweg: Currently, three. Commissioner Gort: Three, which is the -- Mr. Bockweg: The skill center, the Ward Rooming House, and coming online pretty soon is the Ebenezer Church. Commissioner Gort: Have we come up with any specific plan on how to utilize those properties; that we want to lease them for a long time or that we want to use them maximize in short terms? Mr. Bockweg: The Ward Rooming House and the Ebenezer Church is for short term. That's our vision for those two facilities. For the skill center, which will be the Miami Entertainment Complex, where we hopefully will attract movie production, those are longer term licenses, if you will, because, like Rock of Ages, they're there for four months. They're not there for an evening City of Miami Page 8 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes June 9, 2011 or for a weekend. And they, like I said, do significant investment and significant improvements to the facility while they're there. Commissioner Gort: The reason I asked the question is that I just finished going through the (UNINTELLIGIBLE) congress, where we had the film industry making presentation in which the first one done in the City of Miami, and there's a lot of interest of people to come in and film in Miami. And we are committed to work with them and try to help in everything that we can. Now this is an industry that has $32 billion industry a year. A lot of people, they see the television, the programs on television, they see the pictures in the movies, but they don't realize the economic impact that can be caused by this place. First they have to use the catering system within the location. They have to use transportation. They have to use all the facilities within the neighborhood and that's something that we should consider in this, and just food for thought. Chair Sarnoff I think we know now that we -- if we're going to go to a lease, we're going to go to RFP, and none of the things we're intending on doing are going to work, so we know we have to go with a license. We -- the protections that we should have -- here's what we're protecting against. We're protecting against a sweetheart deal. We're protecting against an executive director, for whatever reasons, decides to make a sweetheart deal. That mechanism is within us within that 10-day notice, we put it on an agenda and we make him explain himself. If there are no good explanations, and of course, if two Commissioners agree with the person bringing it, that then becomes a revoked license, and my guess is they get 30 days notice. My guess is the next Commission meeting or the next CRA meeting, we'd be discussing your contract because we'd want to know why you entered into a sweetheart deal. So there are two mechanisms to protect us. And it's not like this is going to go on for a year. This is going to go on for the maximum 30, 40 days and -- if you got into a sweetheart deal. If we put other restrictions on him knowing the marketplace -- anybody that went to the -- I know the Mayor was there. I know Commissioner Dunn was there, and that's where he gave his great Walt Disney speech, and we saw the director there. And knowing the film industry, I don't want to say they're a flighty bunch, but they certainly are a temperamental bunch. And you know, as soon as you start giving any kind of roadblocks to these guys, they say, never mind. I'll go to Broward. Never mind, I'll go across the street. Never mind -- I think we need to give him -- and you know what, say it's a pilot project. Say it's our beginning venture; it is. I mean, we don't know how good we'll be at this. We don't know how bad we'll be at this, but I'd like to give him as much latitude as possible so long as we get 10-day notice. If it's after Rock of Ages, it's, I don't know, Get Your Rocks or something, it's the next film and it's 10,000 a month, explain to us why it's more money and what they're doing to the place -- Mr. Bockweg: That's right. Chair Sarnoff -- why it's a good deal. Vice Chair Suarez: Mr. Chair -- Chair Sarnoff So I -- you know. Vice Chair Suarez: Mr. Chairman. Chair Sarnoff. Go ahead. Vice Chair Suarez: I mean, I don't mean to be argumentative, but if we're meeting in Commission session twice a month and we have a CRA meeting, we're essentially meeting once every 10 days, three times a month, once every 10 days. Thirty days in a month, once every ten days. So I don't see what's the point of approving a license that we can revoke within 10 days instead of just approving the license within 10 days. Do you understand what I'm saying? In other words, it takes away the scenario where you're putting a lot of pressure on the executive City of Miami Page 9 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes June 9, 2011 director instead of it coming to us and we make a decision and then it's the end of it; number one. Number two, if you're the production company and you get a license, right, and then ten days later the Commission revokes it, you're going to be pretty upset and you're going to tell everyone in the industry I don't want to do anymore business in the City of Miami and you shouldn't do anymore business in the City of Miami either because they're going to tell you one thing one day and a week later they're going to take it away from you. So my thing is, you know, if we meet essentially every 10 days anyways, why can't we just bring these revocable licenses? We could even have a special meeting if we have to. You know, I don't think there's ever been a reluctance on this Board not to have a special meeting when it's necessary and when it's in the fiscal -- you know, to the fiscal benefit of either the City or the CRA. I certainly make myself available, you know, for that, and all we need is three Commissioners any time. Chair Sarnoff Well, I think you bring up a good point, which is what if we do revoke what he did. I think that would go industry wide. You want to answer something? Mr. Bockweg: Well, I think I might have a solution to the problem. Instead of me reporting to the Board within 10 days of me executing the contract, I notify the Board prior to executing the contract. Commissioner Gort: Sure. That's it. Mr. Bockweg: So -- Commissioner Gort: Send a copy of the contract to all of us. Mr. Bockweg: -- instead of me signing the contract and then notifying the Board then, I notify the Board prior of the terms reached. And at that point, if any Commissioner wants to, you know, call a meeting and say this needs to be heard, I don't think it's fair, then I -- the contract will not be executed, and then I'll call a special meeting or the Chairman will call a special meeting. Commissioner Dunn: Now -- Mr. -- Chair Sarnoff. Go ahead. Commissioner Dunn: Mr. Chairman, I hear that. I'm just -- the only -- I guess the only concern I would have is -- and I guess you would understand as an executive director. You would be able -- because we're unable to talk during that interim period 'cause if we did, it would be a violation of the sunshine law. But I don't want to also -- I don't want to hamper you from being able to negotiate something that might be -- because I was there, and you're right. The producer talked about how he had been shopping around and that different places had been courting him, but at the same time, Commissioner Suarez, I hear your point. And I think Commissioner -- Chairman Sarnoff mentioned that, that we don't want to run the risk of God forbid, our executive director cutting some type of sweetheart deal. But if he did that, then we know we have a course of action too. So I guess if this is a way that would work that would give us assurances that we would be protected as well as the executive director being able to move forward on some projects that would benefit the CRA areas, then I -- that's -- I guess that's what we got to try to find. Chair Sarnoff So the amending language would be upon coming to terms that are acceptable to the director, he shall immediately advise the CRA Board of those terms, providing opportunity for the Board to place it on the next agenda or City Commission agenda. Vice Chair Suarez: Yeah. And that in no event shall any revocable license go into effect before the expiration of a 10-day period. In other words -- City of Miami Page 10 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes June 9, 2011 Chair Sarnoff. In other words, it goes into effect unless a Commissioner exercises his option. Vice Chair Suarez: Exactly. Commissioner Gort: Right. Ms. Xiques: Just want to clarJ. You cannot take up on a City Commission agenda an Overtown or an Omni -- Commissioner Gort: Yeah, but you can call a CRA meeting. Chair Sarnoff Well, yeah. Vice Chair Suarez: No, but -- Chair Sarnoff But what we could do is call the CRA meeting. Vice Chair Suarez: Absolutely. Chair Sarnoff But I think what he's saying is it's a self-executing -- Commissioner Gort: Right. Chair Sarnoff -- in this way. So here's what it's going to be if I'm not mistaken. Upon coming to terms that are acceptable to the executive director, he shall immediately not the CRA Board. If any of the board members do not exercise their option of calling for this to be placed on an agenda item, then the terms will be deemed acceptable by the Board. Vice Chair Suarez: Within 10 days. Commissioner Gort: Yes. Chair Sarnoff Right, within the 10 days. Vice Chair Suarez: Yeah. I think that's a reasonable period of time. It's a week and three days. Commissioner Gort: I move it. Chair Sarnoff All right. We have a motion by the Chair -- Commissioner Dunn: Second. Chair Sarnoff -- second by Commissioner Dunn. Any further discussion? Commissioner Gort: Discussion. Chair Sarnoff. Commissioner Carollo's recognized. Commissioner Carollo: No. I don't want to be recognized. I'm just waiting -- I'm ready to vote. Chair Sarnoff Okay, then all in favor -- Priscilla A. Thompson (Clerk of the Board): I'm sorry -- Chair Sarnoff -- please say Eye." City of Miami Page 11 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes June 9, 2011 The Commissioners (Collectively): Aye. Ms. Thompson: -- Chair Sarnoff. Chair Sarnoff Yes. Ms. Thompson: We just want to make sure that this resolution is modified. Chair Sarnoff Is modified and amended. Ms. Thompson: Thank you. Vice Chair Suarez: Do you want him to explain it to you? Ms. Xiques: Commissioner -- Commissioner Carollo: Yeah. Ms. Xiques: -- just -- I want to clam for my records. You are still including the previous -- the same terms that you included during the Overtown, the 30-day termination notice? Commissioner Carollo: No. Ms. Xiques: The 30-day termination notice, the -- Chair Sarnoff. Well, wait. No, no. It wouldn't be it. He wouldn't -- you -- Vice Chair Suarez: It wouldn't be necessary. Commissioner Gort: Yes. You still have -- Commissioner Carollo: In that case -- Ms. Xiques: You need to have -- Commissioner Carollo: -- no. Ms. Xiques: -- a -- Commissioner Gort: -- the revocable. Mr. Bockweg: The 30 days -- Ms. Xiques: -- you need -- Mr. Bockweg: -- Commissioner, the 30 days -- Commissioner Gort: You still -- Mr. Bockweg: -- termination notice will be there anyway 'cause it's a revocable -- Commissioner Gort: Yes. Mr. Bockweg: -- license. City of Miami Page 12 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes June 9, 2011 Chair Sarnoff.. You're giving then -- well, I'm trying to figure this out. Some Commissioner exercise -- well, they -- Commissioner Gort: It's two different things. Commissioner Carollo: No. Chair Sarnoff. It is two different things, and what's the will of the Board? Commissioner Gort: Leave it as it is. Chair Sarnoff As is? Commissioner Gort: Yes. In other words, not for X'amount of days, but it can be revocable by any -- Chair Sarnoff No. I -- Commissioner Dunn: In other words, we going with the amended -- Chair Sarnoff No, no, no, no. Commissioner Dunn: No. Chair Sarnoff I think what he want -- do you still want the 30-day termination in there? Mr. Bockweg: Well, it's a revocable license so there -- Commissioner Gort: Ye.s Mr. Bockweg: -- has to be a termination in the revocable license itself. Chair Sarnoff. And you're recommending that? Ms. Xiques: Well, I'm saying that if there is no date, that means the day he tells someone your license is terminated -- Commissioner Sarnoff. They have 30 days to get out. Ms. Xiques: -- they are out the door immediately -- Mr. Bockweg: Correct. Ms. Xiques: -- unless you say we incorporate the 30-day termination that we incorporated in the Overtown meeting, and then you have more parallel resolutions. Chair Sarnoff What are you asking for, Mr. Director? Mr. Bockweg: I'm okay with the 30-day termination period because that will give them 30 days to move out, if the Board so chooses that the -- Commissioner Gort: Yeah. Mr. Bockweg: -- negotiations that I entered into are not to their liking. City of Miami Page 13 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes June 9, 2011 Commissioner Gort: Or you might want it -- they might not be complying with the terms, and you might want to do that yourself. Mr. Bockweg: Right. So the only thing that's out of here -- the only thing as I see it, Mr. Chairman, is that I notifir the Board prior to executing the agreement, any of the Commissioners have a right to invoke the privilege -- Chair Sarnoff In 10 days. Mr. Bockweg: -- to bring it in front of the Board, and every contract will have a 30-day termination period and that's it. Chair Sarnoff Does the maker understand that? That's you, Mr. Chair. Commissioner Gort: Yes. Chair Sarnoff Yes. The seconder understand that? Commissioner Dunn: Yes. Chair Sarnoff All right. Commissioner Carollo: Yeah. I'm not too -- I'm just going to vote no, just like I did the last time for Overtown. I really -- I'm -- there's too much confusion in the back and forth. Chair Sarnoff I'll try to explain it. Commissioner Gort: Repeat the motion. Commissioner Sarnoff. This is what it is. Commissioner Carollo: Yeah. Could you repeat the motion? Chair Sarnoff Okay, I will. Well, I'll try to recant -- recap what we did. The -- upon agreeing to terms that are acceptable to the executive director, he shall not fy the CRA Board, who shall have 10 days to place this on agenda -- on an agenda item. If it's placed on the agenda item, he will not go into -- he will not execute the revocable license. Commissioner Carollo: Who could place it in the agenda? Chair Sarnoff. Any CRA board member. Commissioner Carollo: Any CRA member. Chair Sarnoff Any CRA board member. Now what he's also saying is since it is revocable that at least that the person be provided 30 days notice of -- let's say four months later you decide this isn't such a good deal and you convince the rest of us it's not such a good deal, so then that person gets 30 days notice to get out of the premise. Commissioner Carollo: Okay. Vice Chair Suarez: I think the key protection is that, in essence, if the executive director enters into some sort of a -- City of Miami Page 14 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes June 9, 2011 Commissioner Gort: Sweetheart deal. Vice Chair Suarez: -- for lack of a better word, kind of like a letter of intent, you know, an intent on the terms, that intent does not get materialized into an executed contract until 10 days later, within which he has to notifir us, first of all, and secondly, we have the right to bring -- any CRA board member can bring -- have either a special meeting or at a Commission meeting or at a normal CRA meeting, can bring up the issue and we can have a vote on that license. Chair Sarnoff Correct. It's the -- it's that CRA board member's bringing the discussion item preempts him from entering into the license. Vice Chair Suarez: And that ensures that nothing is going to be entered into without us having the right to scrutinize that arrangement. Chair Sarnoff Should any CRA board member exercise that. Vice Chair Suarez: Right. Commissioner Carollo: Any? Chair Sarnoff Any. Commissioner Gort: Any. Chair Sarnoff. Any CRA board member. Commissioner Carollo: Hey, (UNINTELLIGIBLE) lot of power with just one member. Chair Sarnoff There is a lot of power on one member. Don't screw it up. All right, we clear on that? All right, CRA number 3. Ms. Thompson: Excuse me, Chair. Commissioner Gort: We got to vote on it. Vice Chair Suarez: No. Ms. Thompson: I'm sorry. Excuse me -- Chair Sarnoff You want to revote? Ms. Thompson: -- Chair. Chair Sarnoff You want to do a -- Vice Chair Suarez: A roll call. Chair Sarnoff -- motion to --? Ms. Thompson: No. I just want to make sure of something. Chair Sarnoff. Go ahead. Ms. Thompson: No, no. I -- we recorded the first vote as 5-0. Then there was further discussion and I just want to make sure that -- City of Miami Page 15 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes June 9, 2011 Commissioner Carollo: That first vote was 4-1 if you're actually going to count it. Ms. Thompson: Well, that's what I want to make sure of because I initially recorded it on a voice vote of 5-0, okay. So now what I need to make sure of is that I made that mistake, okay, and that there is actually a no vote. Is that what I'm hearing? Commissioner Carollo: On the first one -- Well, hold on, hold on. Chair Sarnoff So let's do a motion for rehearing. Commissioner Carollo: No, no. Let -- Commissioner Gort: As amended. Commissioner Carollo: Yeah, let's -- so there's going to be two votes, the original one and this one? Or is that original vote going to be now amended with the additional things that we've spoken about? Ms. Thompson: Okay, and that's what I'm trying to make sure of. So that your record is complete -- Commissioner Carollo: Right. Ms. Thompson: -- you actually voted on -- Chair Sarnoff Right. Ms. Thompson: -- the first motion with the first -- Chair Sarnoff Can I clear this up for you? Ms. Thompson: -- set of amendments. Chair Sarnoff Can I clear this up for you? Ms. Thompson: Yes. Chair Sarnoff Can I get a motion for rehearing? Ms. Thompson: Reconsideration. Commissioner Carollo: So move. Chair Sarnoff Reconsideration. Commissioner Dunn: Second. Chair Sarnoff All right. We have a motion for reconsideration and a second. All in favor, please say Eye." The Commissioners (Collectively): Aye. Chair Sarnoff All right. Now I'd like a motion brought by Commissioner Suarez -- Vice Chair Suarez: Sure. City of Miami Page 16 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes June 9, 2011 Chair Sarnoff. -- based on what was said -- the most recent discussion terms and conditions. Vice Chair Suarez: It's as palatable as I can make it for myself. Commissioner Dunn: You make that motion? Chair Sarnoff. All right, so we have a motion by Commissioner Suarez. We have a second by Commissioner Dunn. Any further discussion, gentlemen? Hearing none, all in favor, please say aye." The Commissioners (Collectively): Aye. Chair Sarnoff. Now you got your 5-0 vote. Ms. Thompson: Right, on your modified motion. Thank you. Chair Sarnoff. On your modified, amended motion. Ms. Thompson: Thank you. Commissioner Carollo: Now we're straight. 3. CRA RESOLUTION 11-00458 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("OMNI") AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A LEASE AGREEMENT, IN A FORM ACCEPTABLE TO GENERAL COUNSEL, WITH KONICA MINOLTA BUSINESS SOLUTIONS USA, INC. FOR THE LEASE OF A PHOTOCOPIER, INCLUDING MAINTENANCE AND SUPPLIES, FORA PERIOD OF THREE (3) YEARS, AT A BASE COST OF $8,424 PER YEAR, AND NOT TO EXCEED $25,272 IN TOTAL FOR THE NEXT THREE (3) YEARS; INCLUDING AN ALLOWANCE IN AN AMOUNT NOT TO EXCEED $495.00 PER MONTH, AS REQUIRED, FOR EXCESS COPIES; FUNDS TO BE ALLOCATED FROM OMNI GENERAL OPERATING FUNDS, "RENTALS AND LEASES," ACCOUNT NO. 10030.920101.544000.0000.0000 File # 11-00458-05-31-2011-Cover Memo.pdf File # 11-00458- 05-31-2011-Financial Form.pdf File # 11-00458-05-31-2011-Backup.pdf File # 11-00458-05-31-2011-Backup (2).pdf File # 11-00458-05-31-2011-Legislation.pdf File # 11-00458 05-31-2011-Legislation (Signed).pdf Motion by Board Member Dunn II, seconded by Board Member Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: Commissioner Gort, Commissioner Dunn II, Chair Sarnoff and Commissioner Carollo Absent: Vice Chair Suarez CRA-R-11-0029 ChairSarnoff. All right, CRA (Community Redevelopment Agency) 3. Pieter Bockweg (Executive Director, Community Redevelopment Agency): CRA number 3 is the City of Miami Page 17 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes June 9, 2011 DISCUSSION ITEMS 4. 11-00459 renewal of the -- not a renewal, a new contract for the copy machine service with an overall savings of 64 percent, which we're comparing here for the 64 percent is what we're paying currently per month to what we'll be paying in the future per month for the new copy machine service. Chair Sarnoff All right, is there a motion? Commissioner Dunn: Move it. Chair Sarnoff Is there a second? Commissioner Gort: Second. Chair Sarnoff Second. Any discussion, gentlemen? Commissioner Carollo: And again, this is for the rate, right? It's not really the amount. It's not the total amount. It's for the rate. Chair Sarnoff Correct. Commissioner Carollo: Okay. Chair Sarnoff All in favor, please say aye." The Commissioners (Collectively): Aye. CRA DISCUSSION UPDATE ON OMNI CRA BOND ISSUANCE File # 11-00459-05-31-2011-Cover Memo.pdf DISCUSSED Chair Sarnoff. Do we need to have the discussion --? Pieter Bockweg (Executive Director, Community Redevelopment Agency): All I want to notify the Board is that we will -- I will be bringing in front of the Board most likely by the end of this month or July at the latest, an interlocal agreement between the City and the CRA related to the bond issuance that was passed a couple weeks ago at the City Commission, and I just wanted to make sure that everybody is aware of that. That's it. Chair Sarnoff All right. Commissioner Carollo: Motion to adjourn. Chair Sarnoff We have a motion to adjourn. Is there a second? Commissioner Dunn: Second. Chair Sarnoff All in favor, please say aye." The Commissioners (Collectively): Aye. City of Miami Page 18 Printed on 8/29/2011 OMNI Community Redevelopment Agency Meeting Minutes June 9, 2011 Motion to Adjourn Chair Sarnoff. Thank you. A motion was made by Commissioner Carollo, seconded by Commissioner Dunn, and was passed unanimously, with Vice Chair Suarez absent, to adjourn today's meeting. City of Miami Page 19 Printed on 8/29/2011