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HomeMy WebLinkAboutSEOPW OMNI CRA 2007-08-01 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Wednesday, August 1, 2007 10:00 AM (or thereafter) CITY HALL 3500 PAN AMERICAN DRIVE MIAMI, FLORIDA SEOPW and OMNI Community Redevelopment Agencies Michelle Spence -Jones, Chair Marc David Sarnoff, Vice Chair Angel Gonzalez, Commissioner Joe Sanchez, Commissioner Tomas Regalado, Commissioner CRA OFFICE ADDRESS: 49 NW 5th ST, SUITE 100, Miami, FL 33128 Phone: (305) 679-6800, Fax: (305) 679-6835 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes August 1, 2007 Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. Present: Commissioner Gonzalez, Commissioner Sanchez, Commissioner Regalado, Chair Spence -Jones and Vice Chair Sarnoff On the 1st day of August 2007, the Board of Directors of the Community Redevelopment Agency (CRA) for the Southeast Overtown/Park West and Omni Districts of the City of Miami met in special session at Miami City Hall, 3500 Pan American Drive, Miami, Florida 33133. The meeting was called to order by Chair Michelle Spence -Jones at 1:26 p.m. and was adjourned at 2:19 p.m. ALSO PRESENT: James Villacorta, Interim Executive Director, CRA Gail A. Dotson, Assistant General Counsel, CRA William R. Bloom, Special Counsel, CRA Pamela E. Burns, Assistant Clerk of the Board RESOLUTIONS 1. 07-00588 CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/ PARK WEST COMMUNITY REDEVELOPMENT AGENCY, WITH ATTACHMENT(S), AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE SETTLEMENT AGREEMENT, DATED AS OF JANUARY 27, 2005, AND APPROVED BY RESOLUTION NO. CRA-R-05-0001, ADOPTED JANUARY 27, 2005, IN THE CASES OF CITY OF MIAMI V. SAWYER'S WALK, LTD., CASE NO. 00-28860 CA 9, AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY V. POINCIANA VILLAGE OF MIAMI, LTD., CASE NO. 02-06846 CA 9. Cover Memo.pdf Legislation.pdf Andrew Geo Miami City Hall compressed 070505.ppt MiamiParksPPTLong.pdf MiamiParksPPTLong.ppt MiamiParksPPTLongMNU.pdf MNUParksPresentationFl NALHWSHA.doc 20070501110207.pdf 20070501103647.pdf cover 02-28-07 Layoutl (1).pdf INDEX.pdf NOTES 02-28-07 - Amendment Layoutl (1).pdf X-SITE PLAN 02-28-07 - Amendment A-1.1.pdf 20070501103647.pdf cover memo 7.03.07.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 2 Printed on 9/4, 2007 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes August 1, 2007 Votes: Ayes: 4 - Commissioner Sanchez, Commissioner Regalado, Chair Spence -Jones and Vice Chair Sarnoff Absent: 1 - Commissioner Gonzalez CRA-R-07-0035 Commissioner Sanchez: CRA (Community Redevelopment Agency). Commissioner Gonzalez: Madam Commissioner, you are the Chair of the CRA -- Chair Spence -Jones: Yes. Commissioner Gonzalez: -- so -- Chair Spence -Jones: I'd like to officially call the CRA meeting for Wednesday, August 1, to order. We only have three items that we need to take up. I'm going to ask the executive director to please -- or Mr. Bloom -- address the first item, and I just want to add, this is basically a companion item, correct? William R. Bloom (Special Counsel, Community Redevelopment Agency): That's correct. Chair Spence -Jones: So we're just really passing what we passed earlier because we need to do it from both sides, the CRA side and from the County [sic] side. It's the same item from this morning. Mr. Bloom: It's the same item. I think -- you know, what's -- Vice Chair Sarnoff PH.1. Mr. Bloom: -- being passed out is an executive -- Vice Chair Sarnoff PH.1. Mr. Bloom: -- summary of the amendment. Just to clam one thing, though, on the record because there was some confusion, I think, because of the -- there was a last-minute substitution of the item, and -- Pamela E. Burns (Assistant Clerk of the Boarc0: Excuse me. We need your name for the record Chair Spence -Jones: Name on the -- Ms. Burns: -- please. Chair Spence -Jones: -- record. Mr. Bloom: William Bloom, Holland & Knight, special counsel to the CRA -- and the last -minutes changes related to reflecting the extension of the reverter litigation with the County, the fact that the MUSP (Major Use Special Permit) appeal had been resolved, and the request for a short extension of some of the dates. All the other items included in the executive summary are consistent with what was in the package, except for one other item, which was the County had requested the right to purchase 62 units from the developer at market rate to provide affordable housing. All other items are the same. Vice Chair Sarnoff.- So moved. City of Miami Page 3 Printed on 9/4/2007 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes August 1, 2007 Chair Spence -Jones: Second. Commissioner Sanchez: Waiver? Commissioner Regalado: No, you -- second, second. Commissioner Sanchez: All right. There's a motion and a second for the waiver. It's a resolution. All in -- James H. Villacorta (Interim Executive Director, Community Redevelopment Agency): No, no. Commissioner Regalado: For the waiver. Mr. Villacorta: It's a resolution approving the settlement agreement -- Commissioner Regalado: The settlement. Mr. Villacorta: -- authorizing the executive director to sign the settlement agreement. The City - Commissioner Sanchez: What is -- Is this CRA? Chair Spence -Jones: Yeah. Mr. Bloom: Yeah. Mr. Villacorta: Yeah. Chair Spence -Jones: Can we please wake up? OK. We are officially in the CRA meeting. I got Commissioner Sanchez chairing the meeting. Vice Chair Sarnoff But he was doing a good job. Commissioner Sanchez: I looked at the Chair, and -- Vice Chair Sarnoff He looked good. Vice Chairman Sanchez: -- he wasn't here. Chair Spence -Jones: Sanchez, are you Chair? Vice Chairman Sanchez: All right, all right, all right. Chair Spence -Jones: I have a motion. Vice Chair Sarnoff Second. Commissioner Regalado: Second. Vice Chair Sarnoff Sorry. I was the mover. I apologize. Chair Spence -Jones: Do I -- Ms. Burns: Excuse me. City of Miami Page 4 Printed on 9/4/2007 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes August 1, 2007 Chair Spence -Jones: -- have a motion on this item? Commissioner Sanchez: Yes. Commissioner Regalado: Yes. Ms. Burns: Could you clarify for the record the motion, mover and the second? Commissioner Regalado: He move it; I second it, or -- Chair Spence -Jones: All in favor? Commissioner Regalado: -- Chairman -- Vice Chairman -- Chair Spence -Jones: All in favor? The Commissioners (Collectively): Aye. Chair Spence -Jones: This motion passes. Let's move to the next -- this item passes. 2. 07-00887 CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS FOR THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AN AMENDMENT TO THE SETTLEMENT AGREEMENT IN THE CASE OF MIAMI-DADE COUNTY V. THE CITY OF MIAMI AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, CASE NO. 01-13810 CA (08), IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL COURT OF FLORIDA, IN AND FOR MIAMI-DADE COUNTY, IN A FORM ACCEPTABLE TO CRA GENERAL COUNSEL, TO EXTEND THE REVERTER DATE FOR BLOCKS 36, 45 AND 56 IN OVERTOWN. cover memo.pdf back-u p. pdf legislation.pdf Motion by Commissioner Sanchez, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sanchez, Commissioner Regalado, Chair Spence -Jones and Vice Chair Sarnoff Absent: 1 - Commissioner Gonzalez CRA-R-07-0036 William R. Bloom (Special Counsel, Community Redevelopment Agency): I think the second item has to deal with the -- Vice Chair Sarnoff. Reverter. Mr. Bloom: -- reverter, and the only comment I want to make is that the CRA (Community Redevelopment Agency) submitted a package to the County on May 9, 2006 -- Chair Spence -Jones: Yes. City of Miami Page 5 Printed on 9/4, 2007 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes August 1, 2007 Mr. Bloom: -- which the -- it's the CRA's position that that would have tolled the reverter deadline of August 1, 2007 because the County failed to respond. Now there was some concern with the short-term extension of the reverter deadline that we don't waive that tolling, and I know that the City Attorneys Office has submitted language to the County, which they have not yet accepted, that would toll that provision, so I want to make sure everyone's aware of the issue when they vote on it. James H. Villacorta (Interim Executive Director, Community Redevelopment Agency): And I -- Chair Spence -Jones: Any -- Mr. Villacorta: -- think -- just to make clear that -- if -- the County is saying that we need to sign the agreement that their Commission passed, and we want -- just wanted to make clear that, in signing that, we are not waiving any rights to assert that the reverter was tolled when we submitted the development agreement on May 9, 2006. Chair Spence -Jones: We have Ms. Curry here. She's looking at you like she want to say something to you. Do you --? Cynthia Curry: No. I just wanted to thank you (INAUDIBLE). Chair Spence -Jones: OK. You don't need to address this at all? Is there anything that you wanted to say? Ms. Curry: Thank you very much. Cynthia Curry, from the County Manager's Office. The only thing that I wanted to make sure that we did place on the record, the Board only extended the time frame through December 31, 2007. None of the other terms in the settlement agreement were addressed, just the time frame. Commissioner Sanchez: Just the time frame? Chair Spence -Jones: Yes. Commissioner Sanchez: All right. Chair Spence -Jones: Thank you, Ms. Curry. Mr. Villacorta: Thank you. Chair Spence -Jones: So that -- with that being said, is there anything else, Jim? Mr. Villacorta: I guess we need a motion and -- Commissioner Sanchez: So move. Mr. Villacorta: -- a second Vice Chair Sarnoff Second. Chair Spence -Jones: All in favor? The Commissioners (Collectively): Aye. Chair Spence -Jones: All right. This item passes. Thank you, Ms. Curry. Thank you, Bill. City of Miami Page 6 Printed on 9/4/2007 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes August 1, 2007 3. 07-00868 CRA DISCUSSION DISCUSSION REGARDING THE USE OF CRA FUNDS FOR THE POTENTIAL PORT TUNNEL PROJECT & THE CARNIVAL CENTER FOR THE PERFORMING ARTS. memo.pdf Memo.pdf DISCUSSED A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed, with Vice Chair Sarnoff and Commissioner Sanchez voting no, that no funds will be utilized from the Community Redevelopment Agency in connection with the Port of Miami tunnel project. A motion was made by Commissioner Sanchez, seconded by Vice Chair Sarnoff, and was passed, with Commissioner Regalado voting no, to reconsider the previous motion made on Item 3. A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed, with Vice Chair Sarnoff and Commissioner Sanchez voting no, that no Community Redevelopment Agency funds will be used in connection with the Port of Miami tunnel project unless there is a signed agreement that the Community Redevelopment Agency will recoup $50 million during the life of the Community Redevelopment Agency. Chair Spence -Jones: We're going to move on to item number 3 -- Commissioner Regalado: Thank you -- Chair Spence -Jones: -- and -- Commissioner Regalado: -- very much, Madam Chair. We addressed -- well, I addressed this item at the CRA (Community Redevelopment Agency) meeting, but Chairman Gonzalez asked that we brought it here because of the full board, and it has to do with the CRA and the Port of Miami. I -- we have been reading that the only source for funding for the City's participation in the Port of Miami is the CRA. CRA has been using their money for redevelopment. It pass a resolution several month ago saying that they will not -- CRA will not spend redevelopment funds with the baseball stadium and the streetcar project. The -- recently, the County approve a project whereby they say on the media that the State, the City, and the County will participate in the construction of a tunnel. However, there is no agreement with the City, although there is an agreement with the County and the State. There are some problems with this project. Number one, the County will be part owner of the tunnel. The County will decide which tolls and how much the tolls; at the Biscayne Boulevard entrance or the Watson Island entrance will be and will cost. The County will have total authority on the tunnel coming from the port, and the City of Miami has been called to participate just because the traffic is going to be better in downtown Miami. Before we discuss this at the CRA, there was a very interesting item whereby the Chair asked CIP (Capital Improvements Program) about 14 Street, and 14 Street was discussed, and Ola was there, and there was a construction from Biscayne Boulevard to the railroad tracks on the Performing Art [sic] Center site that the CRA pay, but the money ran out, and they couldn't do any more work west of the railroad track, which, in fact, it became a symbol of the problems that we face with the lack of funding for infrastructure in the CRA areas, and as you know -- all know, railroads tracks had a very, very bad memory in the communities throughout the United States because one side is rich, one side is poor; one side is Afro-American, one side is black -- that's the history of the railroad tracks in the south in this country, and there were also people -- I wish that Commissioner Sarnoff and Sanchez would have been there -- stakeholders of the area -- Gene Rodriguez, for instance -- that came with a plan in which they would participate to have a better community. I think I have it somewhere, and he had it, and he wanted to discuss, so City of Miami Page 7 Printed on 9/4/2007 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes August 1, 2007 there is lack of infrastructure. There is a need for millions for infrastructure in the CRA. The City of Miami will not and is not part of the project. The County Charter states that any and all transportation issues are the responsibility of the County, but the problem now becomes worse. The State Legislature is calling for a special session in September, and among the proposal for cut in the budgets, one -- a billion dollar is part of the State funding for the port tunnel. There's also an interesting letter that the State receive from Congressman Jean [sic] Oberstar, the chair of the House Transportation and Infrastructure Committee of the House of Representative [sicJ, and he sent a letter to the State leader warning to move carefully on public private partnerships, PPP, as a way to finance expensive transportation infrastructure improvement, and warned that the committee will work to undo any state PPP agreements that do not fully protect the public interest and the integrity of the national system. That is a warning that had to be listened to because it comes from the House Transportation Committee of the House of Representative [sic], so my proposal to you -- my resolution would be that the CRA goes on record that there will be no funds from the community redevelopment agency of Omni and Overtown/Park West to fund the tunnel project, unless the City of Miami becomes part owner and participates in the tolls and the decision -making process. I know that the City has been talking to the County. I don't know if we do have an agreement. We had an item that was pull from the City agenda about several weeks ago, so in a nutshell, for my colleagues -- and I know that we're press on time -- my motion will be similar to the motion presented several month ago that CRA money will not be used for the tunnel project. Chair Spence -Jones: OK. This is actually a CRA discussion, so Commissioner Regalado, you like offering a -- is that what you're -- bringing a motion? Commissioner Regalado: That's the motion that -- Chair Spence -Jones: OK. Commissioner Regalado: -- CRA money from both the CRA will not be used for the -- Chair Spence -Jones: Is there any -- Commissioner Regalado: -- tunnel project. Chair Spence -Jones: -- discussion at all from --? Commissioner Gonzalez: Unless -- Commissioner Regalado: That's the motion. Commissioner Gonzalez: -- the City of Miami -- Commissioner Regalado: No, no, no. I -- that would be the motion. I mentioned that because I haven't heard anything from the City Administration in terms of their talks with the County, but my motion is that plainly, no money from the CRA will be used for the tunnel project. Chair Spence -Jones: Commissioner Regalado, before there's any discussion, I don't know if we want to open this up -- Mr. Fred Joseph, from the Omni Advisory Board did you want to say something or put something on the record before the Commission --? Commissioner Regalado: Well, I think he has to do -- it has to do with the Performing Arts -- Chair Spence -Jones: Oh, that's a separate -- Commissioner Regalado: -- but let me tell you. Remember, Michael Hardy was at the CRA City of Miami Page 8 Printed on 9/4/2007 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes August 1, 2007 meeting, and he said that the Performing Arts Center is not requesting any money from the CRA. Commissioner Gonzalez: That is correct. Chair Spence -Jones: For -- Commissioner Regalado: You were there -- Commissioner Gonzalez: I was there. Commissioner Regalado: -- so you know, I'm -- I don't have a problem with that. Chair Spence -Jones: I think what Michael was saying, no money for -- Commissioner Sanchez: (INAUDIBLE) the County. Chair Spence -Jones: -- the 40 -- let's be clear. He said no money for the $43, 000 pavers and roads that were broken up. That's what the commun -- Commissioner Regalado: No, no, no, no, no, no, no. No. Chair Spence -Jones: Really? Commissioner Regalado: No, no, no, no. I told him that he needed to pay the pavers -- Chair Spence -Jones: Right -- Commissioner Regalado: -- that he broke. Chair Spence -Jones: -- and he agreed to it, right? Commissioner Regalado: No. He said he didn't know anything about it; that he was heard verbally, but he said that they didn't have money -- they didn't need money from the City for the operations -- Chair Spence -Jones: Oh, OK. Commissioner Regalado: -- and then Larry said the money is to pay the debt -- Chair Spence -Jones: Right. Commissioner Regalado: -- and he said that he didn't know -- that he hasn't heard at all anything that the Performing Arts Center was seeking money from the City of Miami, but you know, I'm not trying to confuse tunnel with arts -- Chair Spence -Jones: PAC (Performing Arts Center) -- Commissioner Regalado: -- here -- Chair Spence -Jones: -- yeah. Commissioner Regalado: -- but the Performing Art [sic] Center issue, it would be an issue that some day, some time the CRA would deal. I am trying to present this resolution on the tunnel because the money that it will be allocated only with the excuse that traffic will be better. Mind you, no hazardous material will be allowed through the tunnel, so it has to go through City of Miami Page 9 Printed on 9/4/2007 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes August 1, 2007 downtown, and by the way, there is no law that forces trucks and buses to go through the toll in the tunnel. Chair Spence -Jones: All right. Mr. City Manager has a comment that he wants to make, and then we'll go head [sic] and address Commissioner Regalado's motion. Pedro G. Hernandez (City Manager): Well, since this is the CRA meeting, my name -- Chair Spence -Jones: Yes. Mr. Hernandez: -- is Pete Hernandez, City Manager, City of Miami. Commissioners, with all the greatest respect that I have for you, I think that any action on a resolution reference the funding of the tunnel with CRA funds or any other kinds of funds at this time would be, in my opinion, premature. We removed the item from the agenda because we -- I felt at that time that the City was not ready to consider that item. I still feel the same way. An item not to fund would be sort of a negative item. You haven't had an action item come before you to, in essence, provide for the funding. When that moment comes, and I hope it does, that I can then brief every one of you on the pros and cons of the tunnel, and then at that time, I think it would be appropriate for you to make a decision, but I think to do it at this point would be too early. Thank you. Commissioner Regalado: I just want to say -- if I may, just want to say makes sense; it's intelligent, but it's totally the contrary we did with the baseball stadium. We never had anything come to us on the baseball stadium funding, and yet, the CRA voted not to use CRA money for the baseball stadium. In fact, that help you in the talks with the Marlins and the professional baseball league. Also, with the streetcar; it helps you to decide, as a manager, that there will be no funding from the CRA, so you need to look for other alternative funding for the streetcar project, so in a sense, a decision now by the CRA will help you in the dealings of the County, although I read that you said that there is no Plan B, so -- Did you say that there was no Plan B? Mr. Hernandez: With respect to -- Commissioner Regalado: To the tunnel and -- Mr. Hernandez: -- transportation? Commissioner Regalado: -- the CRA funding. Mr. Hernandez: Well, I was asked whether there was another funding source for 50 million -- Commissioner Regalado: Right. Mr. Hernandez: -- and I know the City has no other funding source to support that kind of funding participation, so yes -- Commissioner Regalado: So it's the CRA? The only -- Mr. Hernandez: Yes. Commissioner Regalado: -- funding is the CRA? Mr. Hernandez: Yes, but I feel that, you know, with respect to the tunnel, there is a direct nexus between the tunnel and benefits to both CRAs, and I think that it will be wise to wait until at least that presentation can be made to each one of you and you can briefed, and then you'll be free to vote, you know, your mind. Thank you. City of Miami Page 10 Printed on 9/4/2007 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes August 1, 2007 Commissioner Regalado: Well, you remember -- I mean, I love history -- what Adlai Stevenson said to (UNINTELLIGIBLE) in the United Nations Security Council back in 1962, when the US (United States) Ambassador ask him, "Mr. (UNINTELLIGIBLE), does the Soviet Union have missiles in Cuba? We believe you do," and Mr. (UNINTELLIGIBLE) said, "Well, I would respond to you later," and he said, `I am willing to wait until hell freezes over, but my position will not change. You do have missiles in Cuba, " so it's now or later. I mean, I don't care. I'm not going to change my position. I just think that it would help you, the County, the State to know what is the will of the CRA Board because, you know what? Over there, at the Ice Palace, three of the members said, we don't like that sort of funding. Mr. Hernandez: But I would like to -- Commissioner Regalado: We didn't vote, but they said -- Mr. Hernandez: I understand, Commissioner, but I would like to be -- at least, to have the opportunity to brief every one of you and for you to be informed on the subject before making a final decision. Chair Spence -Jones: Commissioner Sarnoff. Vice Chair Sarnoff Yeah, Madam Chair. I've always found it difficult -- I always thought it was the part of the public process -- it's really two times we get briefed. We get briefed by the Administration, and then we have a public hearing. I've often wondered at the wisdom of any of us stating our positions prior to a public hearing. As a matter of fact, I think the Third DCA (District Court of Appeals) would like to visit us one day if we state our positions prior to a public hearing. I know you've been the brunt of something, maybe by some bad advice by the City Attorney that maybe we should some day visit once again, but it's very -- and I did vote about the Marlins Stadium, and I did vote about the other issue, and I was probably wrong to do so. I will not state on a public record how I feel about an item until, number one, I've been briefed by the Administration, and two, I've had the opportunity to interact with the Administration. As a matter of fact, when I was on the tall ship with the City Manager the other day, I was asking him a question about an alternate way of doing a project, whether you wish to call it tunneling, whether you wish to call it something else, to see if there was a more cost-effective way of doing it, and he quite candidly said to me, I don't know, Commissioner. Let me look into that, so right there, we have an informal process going on as to whether there may be a better way of tunneling, or if you will call it excavating and capping. There's what I call the Zyscovich idea; there's the County idea -- and I don't even know if the County would be willing to listen to our idea, but the point is I've not been briefed on it, and the City Manager, I don't think, is in the position to brief me. Now with that being said, there'll be a public hearing. At that public hearing -- and I think you've noticed about me -- I ask questions. I want to know answers publicly what people are going to tell me. Commissioner Regalado, you brought up something very interesting, which is that -- you first said, unless you're a part owner or participate, that you were then -- you would say that there would be no money, and I was almost willing to support that. Now let me just state something about ownership. I don't care that we own or don't own something. I didn't care whether we owned or don't own the actual buildings for the museums. I only care that there are buildings there; that they're aesthetically pleasing, and that they function a certain way. Who has ownership rights to those buildings is not imperative to me. Who owns this tunnel or this excavated project is not imperative to me. Now you did bring something up that is imperative to me, Commissioner Regalado, and that is I don't think the trucks will be forced off the streets of the City of Miami. If that's the case, if that is true, I have no intentions for voting for a project so that the trucks have two ways of going to the port, - one free way and one expensive way, so if we're so naive, then I have no intentions of supporting that, but that's the point of to me, the briefing. I think the City Manager would say, Commissioner, rest assured unless there's an emergency, these trucks have got to be only -- they City of Miami Page 11 Printed on 9/4/2007 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes August 1, 2007 only can use the tunnel, and yes, we've been smart enough to figure out that hazardous material will be allowed to go through that tunnel. The one thing I do know, I know the streets that utilize - - and I think it may even abut Commissioner Spence -Jones a little bit -- but I know those streets will never ever improve. I know that we will always have fallow streets where if you just want to spend from 10 o'clock to 12 o'clock, you will count no less than -- because we did it -- 140 large trucks that will bang the curbs and that will do everything that appear to be -- I've never seen a major metropolitan city that actually hack as a truck route, an entire three streets dedicated to letting these large trucks, tractor trailers, up and down their streets, so just understand that if we don't do something about it, we're about to write off what the north -- almost to the central core of the northern part of the City, and if that's your choice to write that core off, then so be it. Then we should make it look a lot more like an expressway, and we should do things necessary to cordon that off and seal it off and use it just for truck traffic, but I don't think that's anybody's intent here, and we're sitting here as the CRA, and I am telling you, as a CRA member, that blight can come from the use of tractor trailers as an exclusive route to and from the highway, and that's an issue that I'm going to visit. I want to know how we can get those trucks off of 5th and 6th Avenue because those avenues are blighted as a result of that being a major intercourse - - the only intercourse between the port and their deliveries, so I am never in favor -- and I apologize to this Board having voted once before on an issue that I have not been briefed on. I won't do it, and I will not state my position publicly for anyone how I feel on something until I've been briefed and had the opportunity of having a public hearing, and I caution everybody to do so from this day forward; we're going to be visiting attorneys that we don't need to visit, so I hope that I've convinced you all that sending messages are not our job. Our job is to have a hearing, hear impartial and fair evidence, and make rulings. Thank you. Chair Spence -Jones: Commissioner Sanchez. Commissioner Sanchez: Thank you, Madam Chair. I think the legal aspect has been presented by Commissioner Sarnoff on that. Let me just -- I think a lot of the facts need to be clear here. One is, when it comes to the Performing Arts Center -- the Carnival Center for Performing Arts, the agreement -- the CRA gives the money to the County, and the County could do with that whatever they want through their legislative process. We don't have a say in that, so the money doesn't directly go to the Performing Arts Center, so let's just clear that. As to the tunnel in itself, I just don't want to put the cart in front of the horse right now. I think, based on the opinion that has been given by our City Manager, it's important that we listen to his presentation; that we know all the facts before we make that determination. I'm not very happy with the tunnel itself. I mean, there's a lot of things -- a lot of questions that I have for it, but once again, I can't base my decision if I don't have all the facts and not allowing the Administration to give us a presentation. Then after that, through the democratic process that this issue deserves because it is a very sensitive issue in our community -- there's a lot of public support and there's people against it, so I think for us to cut through and not allow that process of a public hearing here, we'll be sending the wrong message, so I just wanted to put that on the record and want to state that once that -- the facts are presented, once the Administration has the opportunity to present their plan, which they have not, then I would be able to make that decision, but right now, I just can't make that decision. I think we've learned from our past, and we made judgments here without listening to all the facts. We end up coming back and making a - - changing our minds, and that's not good in our process. Thank you, Mr. -- Madam Chair. Chair Spence -Jones: Commissioner Gonzalez, do you have any comments before we --? Commissioner Gonzalez: Well, my comment is that who's going to brief us at the CRA level? It's going to be the Manager, the City of Miami Manager, or who's going to brief us -- Chair Spence -Jones: Who's briefing -- his question -- Commissioner Gonzalez: -- on the tunnel? City of Miami Page 12 Printed on 9/4/2007 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes August 1, 2007 Chair Spence -Jones: -- is who's going to brief them on -- hasn't that -- Commissioner Gonzalez: Or it's going to be -- Chair Spence -Jones: -- been -- the port tunnel -- Commissioner Gonzalez: -- the --? Chair Spence -Jones: -- issue has been Larry and the City Manager on this issue? 'Cause you guys -- you're the ones that are having discussions with the County on this, correct? Mr. Hernandez: Our plan is to come back to you, joined with Jim Villacorta, the executive director of the CRA, and do a joint briefing so we can present the facts from the Administration side, and also you can question, you know, CRA. Commissioner Regalado: Yeah, but I remember that, number one, the CRA director wasn't present at some of the meetings with the County, and number two, this Board, the CRA Board designated Commissioner Marc David Sarnoff to be part of the talks. Did you or did you not accept that? Vice Chair Sarnoff I -- Chair Spence -Jones: Have you been involved in any of those --? I know that they've been trying to brief you on them. Has he been involved in any of these meetings they've --? Commissioner Regalado: And we said that he needed to be in the talks. Chair Spence -Jones: He should. Has he been? James H. Villacorta (Interim Executive Director, Community Redevelopment Agency): I -- Larry Spring: May I? Larry Spring, chief financial officer. We were aware that you were appointed to the Board, and since that time, we have not had any of those meetings for him to be a part of and I think I clarified that with you a few weeks ago, just to make sure, 'cause I think there was a article that -- in the paper that implied that we had been having these ongoing meetings, and that was not the case, so just wanted to clam that. Commissioner Regalado: So we -- Vice Chair Sarnoff.- Yeah, and I'll take that obligation seriously. I will go with them to the County, and I've heard you loud and clear as to what I think you want, and I'm not going to speak for you, but I think I understand what you want -- Commissioner Regalado: Yeah. Vice Chair Sarnoff -- and I think I'm as good negotiator as some, so -- Commissioner Regalado: No, but the fact -- Chair Spence -Jones: We think you can handle it. Commissioner Regalado: -- of the matter is that, OK, the Board feels safe. When the Board sends someone to the Homeless Trust, OK, you, as a colleague, give us the report. When the Board says -- sends someone to the MPO (Metropolitan Planning Organization); give us your City of Miami Page 13 Printed on 9/4/2007 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes August 1, 2007 idea. When the Board sends somebody to the Orange Bowl or to housing, in this case, we hear what Chairman Gonzalez has to say, like the other day over there in the -- at the CRA. He gave the report; he brought Larry. He did the RFP (Request for Proposals). He made the recommendation. We voted, so it's like a -- not that we don't trust the member, but we have someone who could tell us, hey, look, this is going on in the County, and so he was appointed like six months ago, and you haven't had any meetings? Wow. That's a miscommunication with the County. Chair Spence -Jones: OK, so do we need to add anything else? We want to be very clear that our Chair over those issues is Commissioner Sarnoff, and he definitely needs to be included in all those meetings. At this point, we did have a motion -- didn't you have a -- introduce a motion? Do we have a second on his motion so that we can go ahead and adjourn? Pamela E. Burns (Assistant Clerk of the Board,: We have a motion, but no second. Chair Spence -Jones: So we have a motion on this item. Is there a second? Commissioner Gonzalez: I will second the motion, even though I know there's no support for the motion, but I will second it. Chair Spence -Jones: All in favor? Commissioner Sanchez: It's -- Commissioner Regalado: Aye. Commissioner Sanchez: -- do a roll call. Commissioner Gonzalez: Aye. Ms. Burns: Roll call. Vice Chairman -- Commissioner Sanchez: No. Ms. Burns: -- Commissioner Sanchez? Commissioner Sanchez: No, at this time. Ms. Burns: Commissioner, let's see, Gonzalez? Commissioner Gonzalez: No. I'm sorry, yes. Commissioner Sanchez: Yes. Ms. Burns: Yes. Commissioner Gonzalez: Yeah. Ms. Burns: OK. Commissioner Sarnoff? Vice Chair Sarnoff No. Ms. Burns: Commissioner Regalado? Commissioner Regalado: Yes. City of Miami Page 14 Printed on 9/4/2007 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes August 1, 2007 Ms. Burns: And Chair Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Burns: The motion has passed, 3/2. Commissioner Gonzalez: All right. That concludes the -- Chair Spence -Jones: That concludes -- based upon what Commissioner Regalado just -- I understood what the motion was. The motion was if the City was not sitting down or a part of the overall agreement, then no money should be used in the port tunnel. I think that's a reasonable request. Commissioner Sanchez: But that wasn't his motion. Commissioner Regalado: No. Chair Spence -Jones: Yeah. Commissioner Regalado: That wasn't the motion. Commissioner Sanchez: That wasn't his motion. Mr. Villacorta: Yeah. Chair Spence -Jones: Well, that's -- Commissioner Regalado: That wasn't the motion. Chair Spence -Jones: -- what he added to it. Commissioner Regalado: That wasn't the motion. Chair Spence -Jones: OK. Can you --? Mr. Villacorta: Clar the motion. Commissioner Regalado: I mean -- Chair Spence -Jones: I got a lot -- Commissioner Regalado: -- I don't -- Chair Spence -Jones: -- of background noise going over here. Commissioner Regalado: Look -- Chair Spence -Jones: Can you please be clear 'cause --? Commissioner Regalado: -- it isn't about ownership. It is about income for the CRAs, OK? It isn't about that we own and we have a pass, a free pass. It is about income of the CRA. The County is still debating whether they want to charge 3 to $7 for cars and 5 to $8 for trucks and buses because they are making their numbers, so why cannot we have a toll that we operate that the income comes to the City of Miami in order to defray the cost of those $50 million? It's very City of Miami Page 15 Printed on 9/4/2007 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes August 1, 2007 easy. Vice Chair Sarnoff Or, why can't we ask the County for 20 percent or 10 percent of the toll? Commissioner Regalado: Yeah. I mean -- and you know, why can we not make a deal with the County? OK. Chair Spence -Jones: And that's what I was thinking the motion was -- Commissioner Regalado: You -- Chair Spence -Jones: -- based upon. The motion's -- Commissioner Regalado: If I -- Chair Spence -Jones: -- based upon us not voting on an item and saying, yes, this is all the County. I think that he's -- Commissioner Regalado's having -- Commissioner Regalado: If I may. Chair Spence -Jones: -- he has a very good point. Commissioner Regalado: Do we charge the surcharge in all the parking garage of the port? Do we get the surcharge in all the parking garage, the 20 percent surcharge in all the parking garage of the port? Larry, I know, man. I'm giving you heartburn on your birthday, but I'm sorry. Commissioner Gonzalez: And let me tell you. Commissioner Regalado: Larry, do we charge --? Ms. Curry, do you pay the surcharge on the garage -- on all the garage of the Port of Miami? Mr. Spring: We need -- I would need to clam specifically. The general rule is, if it's a government property and the parking is used for their employee parking, then, no, they don't pay for it. Commissioner Regalado: No, no, no, no. The -- Mr. Spring: If -- Commissioner Regalado: -- garage for the cruise lines, the -- Mr. Spring: That would -- Commissioner Regalado: -- passengers -- Mr. Spring: -- that parking would be subject to the surcharge, yes. Commissioner Gonzalez: Will be. Mr. Spring: No, would be -- is subject -- Commissioner Gonzalez: Oh, would be, OK. Mr. Spring: -- would be -- is -- City of Miami Page 16 Printed on 9/4/2007 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes August 1, 2007 Commissioner Regalado: And they pay. Mr. Spring: -- it is subject to the surcharge. Commissioner Regalado: And the Port pay. It's not considered Port property. Mr. Spring: Correct. If it's -- Commissioner Regalado: If it's considered Port property, then it's considered County property. Mr. Spring: No, but there's a clarification in the Statute. The Statute says government buildings are excluded to the extent that the parking is provided for the employees of the building that the parking is being used for. Like, for instance, parking at Jackson Memorial Hospital, they do pay a parking surcharge, and that surcharge is remitted to the City, so that is a quasi -government facility, as well. Chair Spence -Jones: Madam Clerk -- because I want to be very clear on what the motion was. I was under the impression -- and that's one that -- you know, we withdrew; we added -- it changed five times. What is the motion, based upon what you know it is? Ms. Burns: We show a motion for the CRA money not to be used for the tunnel project. Chair Spence -Jones: Yeah, but he -- Commissioner Regalado: That's it. Chair Spence -Jones: -- added on to that, correct? Commissioner Regalado: That's the motion. Chair Spence -Jones: Villa -- but Villacorta -- Commissioner Regalado: That's the motion. Chair Spence -Jones: Please, just state what you just came over and told me, please, so that we're clear. Mr. Villacorta: I think, at one point, you were saying, unless the CRA had some sort of interest, but then you may have withdrawn that, and I'm not -- Commissioner Regalado: Yeah, no. Mr. Villacorta: -- sure that Commissioner Spence -Jones -- Commissioner Regalado: That's not -- that wasn't the motion. That's just something that I said. Mr. Villacorta: I'm not sure Commissioner Spence -Jones heard that. Chair Spence -Jones: Yeah, OK. Let me just say this. I mean, again, from the very beginning, I mean, I've always had an issue with the monies being spent on the port. I definitely -- if the issue for Regalado was about making sure -- or Commissioner Regalado -- that the City had some sort of participation in that so something would be brought back into the CRA, I support that 100 percent. Now if we're saying that he's withdrawn that and that's not the case; it's just he doesn't want to see any money be spent on the port, it's hard for me to support that without having a City of Miami Page 17 Printed on 9/4/2007 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes August 1, 2007 reason why he doesn't want to support it, so my -- Commissioner Regalado: You have to change your vote. Chair Spence -Jones: Right, so this -- no. Commissioner Regalado: You need to change your vote because I won't change my motion. Chair Spence -Jones: I got this. Commissioner Sanchez: Can I be recognized? Chair Spence -Jones: No, no, you cannot be recognized until I finish my statement. Commissioner Sanchez: OK. Commissioner Regalado: OK. Chair Spence -Jones: OK. My comment is, because it seems as though -- I think Commissioner Sarnoff has made some very good points regarding the issue of understanding the agreement, understanding what the terms are, understanding what is actually being negotiated, my question then becomes, what I'd like to see happen -- just because I think we all need more time on this to understand the issue better -- is that we -- now, I don't know if I can request this, but I'm going to see. Can we defer this until we have a greater understanding of what we're voting on? Vice Chair Sarnoff He's issuing a blanket statement. Chair Spence -Jones: Right, and I'm saying it -- because it seems like everybody's confused up here, I don't know how we're all making a vote. I'm confused on what I'm voting on. Vice Chair Sarnoff Well, he made a blanket statement. I think everybody knew what they were doing with the blanket statement. You mis -- you thought you heard him incorporate part owner or participates -- Commissioner Gonzalez: That's what -- Vice Chair Sarnoff -- which he -- Commissioner Gonzalez: -- he said. Vice Chair Sarnoff -- did say, but it wasn't part of his motion. Chair Spence -Jones: OK, so my point on -- I would like to -- Are you OK, Commissioner Sanchez? Did you want to really say something that bad? I'm going to let you say what you have to say. Go head [sic]. Commissioner Sanchez: I just want to be recognized. Chair Spence -Jones: You're recognized. Commissioner Sanchez: All right. For the point of clarificaiton on the issue, I am prepared to make a motion to reconsider, and then we'll proffer a motion by Commissioner Regalado, whichever one may be, which will clearly be read into the record, and then well vote on it, so we could straighten this out, OK? So my motion, for the record, is to reconsider. City of Miami Page 18 Printed on 9/4/2007 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes August 1, 2007 Vice Chair Sarnoff Second. Chair Spence -Jones: All in favor? Commissioner Gonzalez: Aye. Commissioner Sanchez: Aye. Vice Chair Sarnoff Aye. Commissioner Sanchez: OK. Commissioner Regalado: No. Commissioner Sanchez: Commission -- OK, there is one no. Just -- Madam Chair, couldl be recognized again? Chair Spence -Jones: No -- yes. Commissioner Sanchez: Commissioner Regalado, if your motion was to negotiate with the County to share revenues of the tunnel -- Commissioner Regalado: No. My motion -- Commissioner Sanchez: No, no, no. Wait, wait. I -- Commissioner Regalado: Please, please. Commissioner Sanchez: No, no, no, no. I would be willing to support that, OK. Your motion -- Chair Spence -Jones: And I -- Commissioner Sanchez: -- which you proffered before or offered before, was very simple. No funding should be used for the CRA for the tunnel, period. At this time, I think that what we stated for the record is that I think it's premature for us to be making that decision when we have not had all the facts nor the presentation by our City Administration on the issue. Commissioner Regalado: But you said that -- Commissioner Sanchez: That's all I wanted to put on the record. Commissioner Regalado: -- you said -- Commissioner Sanchez: I will -- Commissioner Regalado: -- but you said that before and you voted no, so why do we need to --? Commissioner Sanchez: Because I -- Vice Chair Sarnoff Because he did bring up -- he said that he would support you if -- correct me if I'm wrong -- Commissioner Sanchez: Yes. Vice Chair Sarnoff -- your motion included that if the County were -- allowed us to participate City of Miami Page 19 Printed on 9/4/2007 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes August 1, 2007 in the toll; that he -- unless they allow the participation with the toll from the City so that we would recoup some of the $50 million. Chair Spence -Jones: And that's why I was supporting it -- Commissioner Regalado: No. Commissioner Gonzalez: Because, actually, you -- Chair Spence -Jones: -- but you're saying no to that? Commissioner Regalado: Well -- Commissioner Gonzalez: -- one of your complaints was that the City had no say in -- on the issue -- Commissioner Regalado: Exactly. Commissioner Gonzalez: -- and that we -- Commissioner Regalado: Some -- Commissioner Gonzalez: -- should recoup -- Commissioner Regalado: -- no. Commissioner Gonzalez: -- the money. Commissioner Regalado: No. Some, no; the $50 million. Unless we recoup the $50 million -- OK. Let me make a motion. OK. No CRA money will be used unless we have a signed guarantee that the CRAs will recoup the $50 million in no -- in the period of time of the lives of the CRA. Commissioner Sanchez: Boy, you're really killing it with kindness. Commissioner Regalado: Well, that's what you want. Vice Chair Sarnoff Well, how 'bout [sic] a friendly amendment? And the friendly amendment would -- because I could support that if there was just the ability of the City to participate if there is a toll -- if there's a toll tolled -- Commissioner Sanchez: Marc, let him make the motion; we'll vote on it. If it passes, it passes. If not, I'm prepared to proffer -- Vice Chair Sarnoff OK. Commissioner Sanchez: -- that motion or you could proffer that motion. All right, so the motion -- I'm sorry, Mr. [sic] Chair -- you're chairing the meeting. Chair Spence -Jones: I'm the Chair. Commissioner Sanchez: You're -- Vice Chair Sarnoff Madam Chair. City of Miami Page 20 Printed on 9/4/2007 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes August 1, 2007 Chair Spence -Jones: Are y'all hungry? I think everybody's (INAUDIBLE). Commissioner Sanchez: I don't know which hat I have, whether it's a Commission -- Vice Chair Sarnoff We're going to get training wheels here. Commissioner Sanchez: -- hat or CRA hat. Madam Chair. Chair Spence -Jones: Clerk, can you just verifir or clarify the motion so we're all on the same page? Ms. Burns: I show -- Commissioner Regalado: What? Ms. Burns: -- a motion not to use any CRA money unless there's a signed agreement that the CRA will recoup $50 million during the life of the CRA. Chair Spence -Jones: I have a motion. Do I have a second on this? Commissioner Gonzalez: And that is how many years? Commissioner Regalado: For the life of the CRA. Commissioner Gonzalez: How long is the life? Mr. Hernandez: Commissioner -- Commissioner Gonzalez: What is the life of the CRA? Commissioner Regalado: Well, the life of the CRA -- Chair Spence -Jones: Is based upon -- Commissioner Regalado: -- depends -- Commissioner Gonzalez: Is (UNINTELLIGIBLE) -- Commissioner Regalado: -- on the County. Chair Spence -Jones: Yes. That's a good -- Commissioner Sanchez: And the tolls -- Commissioner Regalado: Depends on the County. Commissioner Sanchez: -- will be 20 bucks, 25 bucks. Commissioner Regalado: No. Chair Spence -Jones: No, no. That depends on the County deciding to give us the -- Commissioner Regalado: No. Vice Chair Sarnof Extension. City of Miami Page 21 Printed on 9/4/2007 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes August 1, 2007 Chair Spence -Jones: Yes. Commissioner Regalado: The extension of the lives of the CRA, it doesn't depend on this CRA -- Chair Spence -Jones: I know. Commissioner Regalado: -- depends on the County. Chair Spence -Jones: Yeah. Commissioner Gonzalez: Let me tell you. Mr. Hernandez: Madam Chair, if I may. This shows, in essence, that this item is not really ready to be discussed by the Commissioners. Commissioner Gonzalez: But Mr. Manager -- Mr. Hernandez: There's so many unknowns that you're speculating with at this point. Commissioner Gonzalez: -- let me ask you a question. Let's be frank. Why is the City so concerned about having a tunnel that is only going to serve the Port of Miami? Because of traffic? Mr. Hernandez: Well, right now, 5th Street, 6th Street, 1st Avenue, 2nd Avenue, and Biscayne Boulevard are being abused daily by truck traffic. I think that it's our responsibility to look at ways where that traffic can be relieved, where those areas can be properly developed, which is the core of downtown Miami, and it's something that'll be beneficial to the whole city. It would be, I would think, irresponsible at this point in time if we make a decision. We are really exploring whether the tunnel is a solution that will help downtown, and -- Commissioner Gonzalez: But the trucks -- let me tell you. I was a trucker back in '97. I drove a tractor trailer to the Port four and five times a day, in and out, and we would use 6 Street and 5th Street and cross Biscayne. Where is this tunnel going to be -- where is this tunnel going to start to avoid the trucks to go to --? Are we going to start on 7th Avenue, Northwest 7th Avenue? Mr. Hernandez: No, no, no. Commissioner Gonzalez: We're going to go -- Mr. Hernandez: The tunnel -- you would be on 1-395 heading east, and you would never get off the expressway. You would go from the expressway when it goes by Watson Island, right under Government Cut to the Port, so the trucks would never be on City streets. Commissioner Gonzalez: Let me tell you something. Mr. Hernandez: There is even a parcel that the -- I think the County or the State had -- Commissioner Gonzalez: Let -- Mr. Hernandez: -- to buy at 6 Street because the -- Commissioner Gonzalez: -- me add some -- Mr. Hernandez: -- building was being (UNINTELLIGIBLE) -- City of Miami Page 22 Printed on 9/4/2007 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes August 1, 2007 Commissioner Gonzalez: -- thing to you. Let me add something to you, OK? Because I know you're going to find a thousand reasons why the tunnel is good, OK? But you know what the sentiment of the people of the City of Miami and this County is? I know that you're busy. I know that you're a very busy person and you spend -- you get here at City Hall at 6 a.m. in the morning and sometimes leaves at 10 at night, and you don't have a chance to listen to the radio, but if you have a chance to listen to the radio like I do when I'm driving around my district looking for problems, broken sidewalks, broken streets, and so on and so on; dump -- illegal dumpings and all of that, you will see that the sentiment of the people with what happened with the Performing Arts Center is very, very disappointing, very, very bad, OK? And people don't want to hear about a tunnel. The taxpayers don't want to hear about a tunnel. The taxpayers don't want to hear about any of these other monsters that the County come up with with certain budget that, after a year, becomes double, and after two years, become triple, and then once the project has been built, they don't even have the money to operate it. That is the sentiment of the people, and you know what? Maybe you should get -- buy yourself a radio and have someone from your staff record your -- record the programs and listen to the people, you know. Don't listen just to the bureaucrats in the County, you know, and many politicians don't care about that -- those opinions. Many politicians, they just disregard and they don't want to listen to those opinions. They just try not to listen to that, OK, but that is reality, and we're going to be facing a lot of cuts because of the cut on taxes, and I have I don't know how many streets in my district that I love -- that I would love to see done, OK. Even though I'm doing a lot of projects in my parks, I still have some parks that I would like to improve. We just acquired the PBA (Police Benevolent Association) Park, and we don't have a penny to even cut the grass, and we're talking about spending $50 million on a tunnel that is not going to be ours; that we're not going to share the income; that we're not going to have a say in, that we --? Chair Spence -Jones: OK. I think -- Commissioner Gonzalez: To me, that puts me in a real, real bad position. Mr. Hernandez: Commissioner, I do respect your opinion totally. All I want is an opportunity for maybe the State, the County, myself to brief you, and then if you tell me no, I'll accept it. That's all. Chair Spence -Jones: OK. We're going to go head [sic] and vote on this item 'cause it's been almost an hour and a half of us trying to figure out what we're going to do, so I -- Madam Clerk, once again. Ms. Burns: You have a motion, but not a second. Commissioner Sanchez: All right. Chair Spence -Jones: OK, so then it dies, so -- no second right? Commissioner Gonzalez: No, it hasn't died. It hasn't died, yet. Your motion -- Chair Spence -Jones: Is there a second? Commissioner Gonzalez: Your -- just a minute. Commissioner Regalado: My -- Commissioner Gonzalez: Your motion has been that no money from the CRA should be assigned to the tunnel unless -- City of Miami Page 23 Printed on 9/4/2007 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes August 1, 2007 Commissioner Regalado: The $50 million -- Commissioner Gonzalez: -- the $50 million -- Commissioner Regalado: -- will be recouped during the life of the CRAs. Commissioner Gonzalez: All right, and at least we should also have -- the CRA should have some say on the project, right? Commissioner Regalado: Well, of course. It's about income. It's about the $50 million -- Commissioner Gonzalez: All right. Commissioner Regalado: -- of income. Commissioner Gonzalez: I'll second the motion. Commissioner Sanchez: Roll call. Chair Spence -Jones: OK. I guess we'll do roll call. I just want to say, before we do roll call, we're having this whole discussion on the CRA, and quite frankly -- Larry, can you please put on the record real fast, is this even in the CRA? Mr. Villacorta: At this point, the port tunnel, the proposed site is outside the boundaries -- Chair Spence -Jones: So how are we voting on -- Mr. Villacorta: -- of both CRAs. Chair Spence -Jones: -- something that's not even in the CRA? Commissioner Regalado: Because you paid for a study of the expansion of $25, 000 to FIU (Florida International University) -- Chair Spence -Jones: But the expansion hasn't -- Commissioner Regalado: -- the other day. Chair Spence -Jones: -- the study hasn't happened yet. Commissioner Regalado: But you know, and I know, and he knows what the study is going to say. The study is going to say it's great that you expand to the port. Commissioner Sanchez: Roll call. Ms. Burns: Excuse me. You had an individual who wanted to speak. Chair Spence -Jones: OK. I'd like to open it up -- yes? Commissioner Sanchez: No, you called for a vote. Chair Spence -Jones: No. I'm going to ask for -- Fred has been standing there for 20 minutes, and he wants to say something, and so does this other gentleman. I'll give you two minutes to say what you have to say, and then we're going to call for a vote. City of Miami Page 24 Printed on 9/4/2007 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes August 1, 2007 Fred Joseph: Thank you, Madam Chair. Fred Joseph, 1717 North Bayshore Drive, president of the Omni Advisory Board. The only item that I wish to address would be the fact that if the CRA money -- as Commissioner Regalado indicated, the CRA is in the business of redeveloping blighted areas, and where they put their money, they'd like to see tax base return those revenues back to the TIF. If you pass this with the caveat that the Commissioner has put on it that revenues -- then that would help recover the revenues of the 50 million. If you don't put it, then obviously, it'd be another County item that will never be taxed, and we, in the Omni, would not like to see -- because it's the -- only the Omni they're asking to expand that district, and that district is with a caveat from the County if they give us new life to the CRA. Thank you. Chair Spence -Jones: Thank you, Mr. Joseph. State your name for the record. Nicolas Gutierrez: My name is Nicolas Gutierrez. I reside at 1528 Palermo Avenue, Coral Gables, Florida. I'm an attorney here in Miami. I'm a concerned citizen, a taxpayer, and a commuter, so anything that lessens congestion and traffic in this county that's a bold initiative like this port tunnel is, I would generally be in favor of it. I know you guys have a lot of other weighty issues that you are viewing right now in connection with the tunnel, and I don't envy you that public policy decision. I'm also a governing board member of the South Florida Water Management District, and Vice Chairman, I know a little bit about these decisions, but I'm here today in another capacity. I represent the family that owns the beach, Guarda la Vaca in Holguin Province in Cuba, which is one of the 11 sites where (UNINTELLIGIBLE) Construction Group, the parent company of the Florida entity that got the low -bid DOT (Department of Transportation) contract, has built hotels in a joint venture with the Castro brothers military. They've built 11 such hotels in Cuba, making them the third largest foreign trafficker in Cuba after Grupo (UNINTELLIGIBLE). This is not a tangential or coincidental occurrence. This is a systematic trafficker in a totalitarian regime. My position is, and that of my clients and many other members of this community, which is filled with refugees from totalitarian systems, not just Cuba, but Cuba among them, that it is immoral to build a trafficker's tunnel here in the heart of this community by a company that's up to its ears in investment with Castro. Not only is it immoral, it's also illegal. Title IV of the Cuban Liberty and Democratic Solidarity Act obligates the US State Department to revoke the visas of executives and family members of such companies. The State Department still has not done that, even though we're pushing them hard, as is office of Congressman Diaz-Balart and others. They haven't done it because they have a lot of commercial trade pressures from the European union, but that they're violating the law is clear. They'll even admit that. That it's through a different subsidiary should be besides the point, and there's state and -- Chair Spence -Jones: OK. Mr. Gutierrez: -- local law -- Chair Spence -Jones: I think -- Mr. Gutierrez: -- which mirrors -- Chair Spence -Jones: -- they -- Mr. Gutierrez: -- the federal law, so -- Chair Spence -Jones: -- totally got it. Tarsi want to stay within the time frame. Thank you for putting your thoughts on the record, and I think we're ready to call for a vote. Mr. Gutierrez: My pleasure. Chair Spence -Jones: Thank you so much. City of Miami Page 25 Printed on 9/4/2007 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes August 1, 2007 Mr. Gutierrez: Thank you. Commissioner Gonzalez: Thank you. Chair Spence -Jones: So Madam Clerk. Ms. Burns: Again, for the record, I'd like to restate the motion; that no CRA money will be used unless there's a signed agreement that the CRA will recoup $50 million during the life of the CRA. Is that the motion? Commissioner Sanchez: That's the motion. Chair Spence -Jones: That's the motion. Ms. Burns: OK. Commissioner Gonzalez: That's the motion. Commissioner Sanchez: Crystal clear. Clear as a bell. Ms. Burns: OK. Commissioner Sanchez? Commissioner Sanchez: No. Ms. Burns: Commissioner Sarnoff? Vice Chair Sarnoff No. Ms. Burns: Commissioner Gonzalez? Commissioner Gonzalez: Yes. Ms. Burns: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Burns: Chair Spence -Jones? Chair Spence -Jones: Both sides have made a good point, and I'm kind of weighing only on Commissioner Sarnoffs side because, at the end of the day, it is going to fall within his district, correct? Commissioner Sarnoff I -- Chair Spence -Jones: It's coming from your -- Commissioner Sarnoff -- to be honest with you, this -- Chair Spence -Jones: -- it -- Commissioner Sarnoff -- I view this as a citywide issue. I -- Chair Spence -Jones: Oh, OK -- City of Miami Page 26 Printed on 9/4/2007 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes August 1, 2007 Commissioner Sarnoff. -- it will affect -- Chair Spence -Jones: -- so I mean, coming from the -- Commissioner Sarnoff -- it affects my district -- Chair Spence -Jones: -- CR -- it's coming from -- Commissioner Sarnoff -- and your district. Chair Spence -Jones: -- your CRA dollars. Commissioner Sarnoff It will affect you to some degree, too, but it is certainly -- if you want a fallow part of the City, that will be a fallow part of the City, unless we rect that. Chair Spence -Jones: I'm going to go ahead and vote yes -- Commissioner Sanchez: OK. Chair Spence -Jones: -- so this item passes. Commissioner Sanchez: That's it. Ms. Burns: The motion has passed 3/2. Chair Spence -Jones: This meeting's officially adjourned. City of Miami Page 27 Printed on 9/4/2007