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HomeMy WebLinkAboutSEOPW OMNI CRA 2008-06-30 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Monday, June 30, 2008 5:00 PM MIAMI WOMAN'S CLUB 1737 N. BAYSHORE DRIVE MIAMI, FL. 33132 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 June 30, 2008 Present: Commissioner Sanchez, Commissioner Regalado, Chair Spence -Jones and Vice Chair Sarnoff Absent: Commissioner Gonzalez On the 30th day of June 2008, 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 regular session at the Miami Women's Club, Miami, Florida. The meeting was called to order by Chair Michelle Spence -Jones at 5:12 p. m. and was adjourned at 7:42 p. m. ALSO PRESENT: James H. 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 ORDER OF THE DAY Chair Spence -Jones: Before we get started, I believe the Assistant City Clerk has to make a quick announcement. Pamela Burns (Assistant Clerk of the Board): If everyone who has a cell phone or beeper, would you please turn them to vibrate or just turn them off. We need to have silence in the room on the cell phones. Thank you. Chair Spence -Jones: Actually, we're going to definitely have to be very pointed, I guess, on -- and I need for everyone to be quiet in the audience because we're already having challenges hearing because of the acoustics in the building, so we're going to wait 'til we get silent so that we can go 'head [sic] and get started. First of all, I'd like to welcome you to the CRA (Community Redevelopment Agency) meeting for today, June 30. First of all, I'd like to also thank the Miami Women's Club for allowing us to utilize their facility this evening. It's a beautiful facility that I know is historic in the heart of the City of Miami, so we want to at least officially thank them. Let's give them a hand for allowing us to use their space today. Applause. Chair Spence -Jones: This is one of the many projects that the City of Miami, through the CRA, is providing support to restore the building, so we're extremely excited about that. FINANCIALS 1. 08-00755 CRA REPORT FINANCIAL SUMMARY THROUGH MONTH ENDING MAY 31, 2008 Financial Summary.pdf DISCUSSED Chair Spence -Jones: We are going to move ahead on the meeting. We're going to try to get through the meeting as quickly as possible tonight. We're going to go 'head [sic] and start with item number 1, which is the financial summary. Miguel. [Later...] Chair Spence -Jones: So we are going to go 'head [sic] -- Miguel, are you ready for us? City of Miami Page 2 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 Miguel Valentin: Good afternoon. This is Miguel Valentin, CRA financial officer. Good evening. Miguel Valentin, CRA financial officer. On page 1, we have the combined statement of financial position as of May 31, 2008. On the first item, cash unrestricted, for CRA Overtown/Park West, we're disclosing the amount of 115,000 as cash unrestricted; and for Omni, we are disclosing the amount of $493, 060. Pertaining to the affordable housing project taking place in Overtown, to this date, we are -- we have been budgeted 5, 458, 228; of this amount, 3,072,683 has been encumbered, and 1,331,705 has been expended, leaving an available balance of 2, 385, 545. On the other hand, pertaining to reportable conditions, there is nothing to disclose to the Board, and that's it. Chair Spence -Jones: All right. And Miguel -- are there any questions for Miguel? All right. I just want to publicly acknowledge and thank Commissioner Regalado and Commissioner Sanchez regarding the affordable housing projects that we're working on in the heart of Overtown to rehab many of the buildings; both attended the actual kickoff of our first building. The seniors actually moved in the building. It's a beautiful building. Staff did an outstanding job. Also, Commissioner Sarnoffs office was also in attendance for that event. And as you know, Commissioner Regalado is the chair of all of the rehab units happening in the heart of Overtown, so I just wanted to publicly thank them for their support. I really appreciate it. All right. We're going to -- Thank you, Miguel. No other questions? RESOLUTIONS 2. 08-00765 CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE EXPENDITURE OF FUNDS, IN AN AMOUNT NOT TO EXCEED $15,000, FOR THE DEMOLITION AND REMOVAL OF THE BUILDING AT 1163 N.W. 3RD AVENUE, MIAMI, FLORIDA; ALLOCATING FUNDS FROM SEOPW TAX INCREMENT FUND, ENTITLED "OTHER CONTRACTUAL SERVICES," ACCOUNT CODE NO. 10050.920101.534000.0000.00000. Cover Memo.pdf Financial Form.pdf Backup.pdf Legislation.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Vice Chair Sarnoff, Chair Spence -Jones, Commissioner Regalado and Commissioner Sanchez Absent: 1 - Commissioner Gonzalez CRA-R-08-0031 Chair Spence -Jones: We're going to move on to item number 2. Jim. James H. Villacorta (Executive Director, Community Redevelopment Agency): Item number 2 is a resolution of the Board of Commissioners of the Southeast Overtown/Park West Community Redevelopment Agency authorizing the expenditure of funds, in an amount not to exceed 15,000, for the demolition and removal of the building at 1163 Northwest 3rd Avenue, Miami, Florida. Chair Spence -Jones: All right. This is an item -- this is the building that's actually on 3rd Avenue that is going to be apart of all the, I guess, development projects that we have happening on 3rd. Is there any questions on this particular item? City of Miami Page 3 Printed on 7,17,2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 Vice Chair Sarnoff. Move it. Commissioner Sanchez: Second. Chair Spence -Jones: I have a motion, and I have a second. All in favor? The Commissioners (Collectively): Aye. Chair Spence -Jones: This item passes. 3. 08-00757 CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE EXPENDITURE OF FUNDS, IN AN AMOUNT NOT TO EXCEED $50,000, FOR THE PREPARATION OF A PLANNING STUDY FOR THE UPGRADING OF NORTHWEST 2ND AVENUE, IN OVERTOWN; AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURPOSE; FUNDS TO BE ALLOCATED FROM SEOPW TAX INCREMENT FUND, ENTITLED "CONSTRUCTION IN PROGRESS," ACCOUNT CODE NO. 10050.920101.67000.0000.00000. Cover Memo.pdf Financial Form.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 - Vice Chair Sarnoff, Chair Spence -Jones, Commissioner Regalado and Commissioner Sanchez Absent: 1 - Commissioner Gonzalez CRA-R-08-0032 Chair Spence -Jones: We moving on to number 3 on the agenda. Jim. James H Villacorta (Executive Director, Community Redevelopment Agency): Item number 3 is a resolution of the Board of Commissioners of the Southeast Overtown/Park West Community Redevelopment Agency authorizing the expenditure of funds, in an amount not to exceed $50, 000, for the preparation of a planning study for the upgrading of Northwest 2nd Avenue in Overtown. Commissioner Sanchez: So move. Vice Chair Sarnoff. Second. Chair Spence -Jones: We had a motion and a second. All in favor? The Commissioners (Collectively): Aye. Chair Spence -Jones: Just to put on the record, this is the second phase of all of the City of Miami Page 4 Printed on 7,17,2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 redevelopment things that we're dong as far as street improvements in Overtown. Northeast 2nd Avenue will be the next street after 3rd Avenue. Third Avenue is absolutely beautiful; things are coming along really, really well, so I'm glad we're moving on to the next one. 4. 08-00756 CRA RESOLUTION A JOINT RESOLUTION OF THE BOARDS OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCIES ("CRAS") ACCEPTING THE EXECUTIVE DIRECTOR'S RECOMMENDATION OF SANSON, KLINE, JACOMINO & COMPANY, LLP ("SKJ") TO PROVIDE EXTERNAL AUDITING SERVICES TO THE CRAS; AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO GENERAL COUNSEL, WITH SKJ FOR EXTERNAL AUDITING SERVICES FOR AN INITIAL TERM OF TWO (2) YEARS AT AN ANNUAL FEE FOR BASIC AUDIT SERVICES NOT TO EXCEED $44,000 FOR FY '08 AND $44,000 FOR FY '09 WITH AN OPTION TO INCLUDE SINGLE AUDIT SERVICES, IF REQUIRED, FOR AN ADDITIONAL FEE NOT TO EXCEED $7,000 PER YEAR, AND WITH OPTIONS TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; FURTHER PROVIDING THAT SHOULD THE CRAS BE UNABLE TO REACH AN AGREEMENT WITH SKJ, THE EXECUTIVE DIRECTOR IS AUTHORIZED TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO GENERAL COUNSEL, WITH S. DAVIS & ASSOCIATES, P.A.; FUNDS TO ALLOCATED AS FOLLOWS: FOR EACH FISCAL YEAR $33,000 FROM SEOPW TAX INCREMENT FUND, ENTITLED "ACCOUNTING AND AUDITING," ACCOUNT CODE NO. 10050.920101.532000.0000.00000, AND FOR EACH FISCAL YEAR $11,000 FROM OMNI TAX INCREMENT FUND, ENTITLED ACCOUNTING AND AUDITING," ACCOUNT CODE NO. 10040.920101.532000.0000.00000. Cover Memo.pdf Financial Form.pdf Backup.pdf Legislation.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Vice Chair Sarnoff, Chair Spence -Jones, Commissioner Regalado and Commissioner Sanchez Absent: 1 - Commissioner Gonzalez CRA-R-08-0033 Chair Spence -Jones: So we're going to move on to item number 4. James H. Villacorta (Executive Director, Community Redevelopment Agency): Item number 4 is a joint resolution of the Board of Commissioners of the Southeast Overtown/Park West and Omni Redevelopment District Community Redevelopment Agencies accepting the director's recommendation of Sansone Kline Jacomino & Company to provide external auditing services to the CRAs (Community Redevelopment Agencies); authorizing the executive director to negotiate and execute an agreement, in a form acceptable to General Counsel, for external auditing services for an initial term of two years, at an annual fee for basic audit services not to exceed $44, 000 per year. City of Miami Page 5 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 Vice Chair Sarnoff. Move it. Chair Spence -Jones: I have a motion. Commissioner Regalado: Second. Chair Spence -Jones: All in favor? The Commissioners (Collectively): Aye. Chair Spence -Jones: All right, this item passes. 5. 08-00758 CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY RATIFYING THE EXECUTIVE DIRECTORS ISSUANCE OF A PURCHASE ORDER, ON AN EMERGENCY BASIS, TO GRAYBAR ELECTRIC COMPANY, INC., AN APPROVED CITY VENDOR, IN THE AMOUNT OF $6,220, TO REPLACE A MISSING CALIDA LIGHT FIXTURE AT THE NORTHWEST CORNER OF THE INTERSECTION OF NORTHEAST 14TH STREET AND NORTHEAST 2ND AVENUE IN THE PAC SUPER BLOCK; ALLOCATING FUNDS FROM OMNI TAX INCREMENT FUND, ENTITLED "OTHER CONTRACTUAL SERVICES," ACCOUNT CODE NO. 10040.920101.53400.0000.00000. Cover Memo.pdf Financial Form.pdf Backup.pdf Legislation.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Vice Chair Sarnoff, Chair Spence -Jones, Commissioner Regalado and Commissioner Sanchez Absent: 1 - Commissioner Gonzalez CRA-R-08-0034 Chair Spence -Jones: Let's move to number 5. James H. Villacorta (Executive Director, Community Redevelopment Agency): Item number 5 is a resolution of the Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency ratifying the executive director's issuance of a purchase order on an emergency basis to Graybar Electric Company, Inc., an approved City vendor, in the amount of $6, 220, to replace a missing Calida light fixture at the northwest corner of the intersection of Northeast 14th Street and Northeast 2nd Avenue in the PAC (Performing Arts Center) super block. Vice Chair Sarnoff. Move it. Commissioner Sanchez: Second. Chair Spence -Jones: I have a motion and a second. All in favor? The Commissioners (Collectively): Aye. City of Miami Page 6 Printed on 7,17,2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 Chair Spence -Jones: All right. I know Commissioner -- Commissioner Sanchez: May -- Chair Spence -Jones: -- San -- Sarnoff, you were having a lot of issues with -- this light is finally getting fixecI correct? Vice Chair Sarnoff This has never been there. I don't think this light ever existed and after years of exhaustive research, we're now expending $6, 000 to put a light that we couldn't find ever existed. Chair Spence -Jones: So you have your light. Vice Chair Sarnoff I have my light. Chair Spence -Jones: Or we have our light. Vice Chair Sarnoff There is light. Mr. Villacorta: It's on order. Vice Chair Sarnoff Let there be light. Chair Spence -Jones: All right. 6. 08-00760 CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE ISSUANCE OF A GRANT, IN AN AMOUNT NOT TO EXCEED $100,000, TO THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY FOR THE EXPANSION OF ITS AMBASSADOR PROGRAM TO THE MEDIA AND ENTERTAINMENT DISTRICT IN THE OMNI REDEVELOPMENT AREA; AUTHORIZING THE EXECUTIVE DIRECTOR AT HIS DISCRETION, TO DISBURSE THE GRANT FUNDS ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION; AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO GENERAL COUNSEL; ALLOCATING FUNDS FROM OMNI TAX INCREMENT FUND, ENTITLED "OTHER GRANTS AND AIDS," ACCOUNT CODE NO. 10040.920101.883000.0000.00000. Cover memo.pdf Financial Form.pdf Backup. 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 - Vice Chair Sarnoff, Chair Spence -Jones, Commissioner Regalado and Commissioner Sanchez Absent: 1 - Commissioner Gonzalez City of Miami Page 7 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 CRA-R-08-0035 Chair Spence -Jones: We'll move on to item number 6. Item number 6. James H. Villacorta (Executive Director, Community Redevelopment Agency): Item number 6 is a resolution of the Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency authorizing the issuance of a grant, in an amount not to exceed $100,000, to the Miami Downtown Development Authority for the expansion of its ambassador program to the Media and Entertainment District in the Omni redevelopment area, and I believe there's someone from DDA (Downtown Development Authority) here to speak on this. Chair Spence -Jones: The DDA is here to speak, and also, my chairman for DDA, do you want to speak -- I mean, Chairman, do you want to say on -- anything on this item? Commissioner Sanchez: I would highly support this and make a motion, and then we'll open it up for discussion. Vice Chair Sarnoff Second. Commissioner Sanchez: All right. Chair Spence -Jones: Okay. We have a motion and second All in favor? Vice Chair Sarnoff.- Well, he wanted -- Commissioner Sanchez: Discuss -- Vice Chair Sarnoff.- -- to discuss. Chair Spence -Jones: Okay. Open for discussion. Commissioner Sanchez: Discussion on this item. First of all, I want to take the opportunity to thank the executive director of the CR -- and the interim director who's here, Alyce Robertson, from the DDA. This program is a program that has been very successful over at the DDA. As a matter of fact, as we pass this, we're even contemplating in the budget to expand it over to Brickell, and hopefully, the South Miami Avenue that has really taken off The project in itself, the ambassador program, I had an experience -- I was in Jacksonville with the Florida League of Cities, which I don't happen to sit there anymore; it's been turned over to Commissioner Sarnoff -- and I was -- I got lost in Jacksonville. If any of you have been to Jacksonville, it's got a lot of bridges, and I got lost coming from the airport going to the hotel. And I happened to run into this gentleman who was on a bicycle with a radio and it said "Ambassador" on his -- his back of his shirt. And out of curiosity, I pulled over and asked him; I said, listen, I'm lost. Could you help me? I'm looking for the hotel. And it was incredible because he -- not only did he have a radio to call ahead when I went over the bridge, he gave me directions how to get there. And I think that when you focus about bringing prosperity and you focus on bringing security and more eyes to an area, when you have this type of hospitality that people that are visiting are -- may get lost or may have questions as, you know, we tend not to ask questions when we get lost, but when you have that type of assistance, it just makes it more of a pleasant, so it -- we've been - - we've got so many stories, positive stories that we could say about the ambassador program in downtown that we are certainly very excited working with the CRA (Community Redevelopment Agency) to expand that. And that, once again, shows that the DDA and the CRA should be working hand in hand because, after all, we represent the same area, all right. Different authority, but we basically have to look out for the -- for an area that if one area does not succeed, I guarantee you the other area is not going to succeed, so I think it's very important that this legislation is presented today, it's been approved, and I certainly thank the Chair and the Commissioners that are wearing the hat here today of DDA members as this is a great City of Miami Page 8 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 legislation for all. Thank you. Chair Spence -Jones: Does DDA want to put anything on the record? Alyce Robertson: I just want to say thank you for considering this. It has been a success, and I think the chairman -- Commissioner Sanchez made it quite clear what we're doing. We have some other initiatives that we're doing with the CRA in general cleanup and other kinds of things, and I think this cooperative effort shows some good potential for really making this area shine. Pamela Burns (Assistant Clerk of the Board): Excuse me. We need your name on the record, please. Ms. Robertson: Oh, Alyce Robertson, interim executive director of the DDA. Chair Spence -Jones: Okay. Any other comments from the board members? Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you, Madam Chair. Jim, where -- what is the specific area of the Media and Entertainment? Mr. Villacorta: From Northwest 14th Street down to 395 -- Commissioner Regalado: Okay. Mr. Villacorta: -- and from 395 west to the PAC (Performing Arts Center). Commissioner Regalado: So it's not only on the Omni CRA, but on the Park West CRA too? Mr. Villacorta: No. This is only the -- Commissioner Regalado: The Omni -- Mr. Villacorta: -- in the Omni CRA, the -- Commissioner Regalado: -- Commissioner Regalado. Mr. Villacorta: -- Media and -- Commissioner Regalado: The Media Entertainment. Mr. Villacorta: -- Entertainment District is only in the Omni CRA. Commissioner Regalado: And what would be the times of the ambassador? At what time they would be around? Mark Spanioli: If I may, Commissioner. Good evening, Mark Spanioli, Downtown Development Authority. I have a map that I'll pass out that shows the general area that we have intended to place the ambassadors. The ambassadors are intended to be a minimum of four personnel, with a maximum of six, and they'll be there around the Performing Arts Center area and the super block area generally during the nighttime performances, before they start, during, and after they end, to offer a safe walk for tourists to get back and forth to their vehicles, tourist assistance and guidance, directing people to where they need to park and so forth. So they'll be basically during the nighttime events around the super block area of the Performing Arts Center. City of Miami Page 9 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 Commissioner Regalado: Okay. Chair Spence -Jones: Any other questions? Commissioner Regalado: No. I just wanted to know. Mr. Villacorta: Yeah. There's a scope of -- and summary of the services right before the legislation in your agenda, again, outlining what Mr. Spanioli said. Before, during, and after nighttime performances; a minimum of four personnel, with a maximum of six, monitoring and patrolling. Commissioner Regalado: Thank you. Chair Spence -Jones: Okay. We had a motion and a second on this item. All in favor on this item? The Commissioners (Collectively): Aye. Chair Spence -Jones: All right. This item passes. I just want to also commend the chairman from the DDA for his leadership on this whole matter. I mean, I think that the more eyes we can put on the street in all of the areas represent the better -- represented, then the areas definitely will improve. [Later...] Chair Spence -Jones: Any more questions or dis -- on this? Commissioner Regalado, you're recognized. Commissioner Regalado: What is the criteria to hire an ambassador? What quality should he or she have? Commissioner Sanchez: Ambassador or the DET (Downtown Enhancement Team)? This is the - Commissioner Regalado: Ambassador, the ambassador. Chair Spence -Jones: So you're going back --? Commissioner Regalado: First I want to know the ambassador. Chair Spence -Jones: Oh. Mr. Spanioli: Going back to the previous item on the ambassadors, we currently have a contract with a management company that helps us hire and train the ambassador individuals. Most of them at least have a high school degree, and they go through a strict training 'cause they come as a -- they come through a security firm, and then they go through hospitality training both by the DDA, by the management company, and by the Downtown Miami Partnership. Commissioner Regalado: So it's not a criteria of living in one area or they just come refer to you? Mr. Spanioli: For the ambassadors, that's correct. They don't have to live within the district. [Later...] City of Miami Page 10 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 Commissioner Regalado: And going back to the ambassador, are they fluent in English, Spanish, Creole? Mr. Spanioli: The ambassadors are multilingual, yes. Commissioner Regalado: Not all of them, but -- Mr. Spanioli: We try to get them -- it is a requirement that we try to get them at least bilingual. Commissioner Regalado: Okay. Thank you. 7. 08-00764 CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE ISSUANCE OF A GRANT, IN AN AMOUNT NOT TO EXCEED $55,000, TO THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY FOR THE EXPANSION OF ITS DOWNTOWN ENHANCEMENT TEAM PROGRAM TO THE MEDIA AND ENTERTAINMENT DISTRICT IN THE OMNI REDEVELOPMENT AREA; AUTHORIZING THE EXECUTIVE DIRECTOR, AT HIS DISCRETION, TO DISBURSE THE GRANT FUNDS ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION; AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO GENERAL COUNSEL; ALLOCATING FUNDS FROM OMNI TAX INCREMENT FUND, ENTITLED "OTHER GRANTS AND AIDS," ACCOUNT CODE NO. 10040.920101.883000.0000.00000. Cover Memo.pdf Financial Form.pdf Backup.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 - Vice Chair Sarnoff, Chair Spence -Jones, Commissioner Regalado and Commissioner Sanchez Absent: 1 - Commissioner Gonzalez CRA-R-08-0036 Chair Spence -Jones: So we are moving to item number 7 on the agenda, which is -- yeah, item number 7. Jim. James H Villacorta (Executive Director, Community Redevelopment Agency): Item number 7 is a resolution of the Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency authorizing the issuance of a grant, in an amount not to exceed 55, 000, to the Miami Downtown Development Authority for expansion of its Downtown Enhancement Team program to the Media and Entertainment District in the Omni redevelopment area. Again, in your materials, there's a scope and summary of services. The -- Chair Spence -Jones: And -- Mr. Villacorta: -- it'll be a six -day -a -week part-time crew of four team members dedicated to City of Miami Page 11 Printed on 7,17,2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 cleaning and picking up trash, removal of graffiti around the Performing Arts Center in the Media and Entertainment District. Chair Spence -Jones: Any questions on this item? Do we have a motion on this item? Commissioner Sanchez: I would move the item. Vice Chair Sarnoff Second. Chair Spence -Jones: All in favor? Commissioner Sanchez: This -- Vice Chair Sarnoff Discussion. Commissioner Sanchez: Yeah, discussion on that. Chair Spence -Jones: Okay. Commissioner Sanchez: I'll yield to Commissioner Sarnoff. Chair Spence -Jones: We got a -- Vice Chair Sarnoff No, no, no. I was doing it for you. Commissioner Sanchez: No, go ahead. Vice Chair Sarnoff.- I've nothing to say but good things about the last few motions. I think that City of Miami has an ability -- we, in the City of Miami, have an ability to build things, but we don't seem to have an ability to maintain them. And I surmise that every five years, we could rebuild exactly what we built if we don't get into this idea that we need to maintain exactly what we built. For these two projects, eyes and ears on the street, as well as keeping a clean street. It's the broken window theory. If you take away the broken window, you'll have much less crime and much less problems in an area if you take care of it. So I give Commissioner Sanchez a great deal of accolade in doing the program, and also, this is just a part of it, which is keeping the street clean. Chair Spence -Jones: Commissioner Sanchez. Commissioner Sanchez: Yeah. On this, I think it's important that you need to put the number of the DET (Downtown Enhancement Team) individuals that are going to be working and exactly elaborate a little bit how was that created and who benefits from it. I think everybody benefits. Not only does the community benefit, not only does the homeless benefit from it, but also, Camillus House benefits. So I think it's important, Mark, that you put something on the record on that 'cause I think this is a win -win situation for everybody. Mark Spanioli: Yes. Thank you, Commissioner Sanchez. Actually, I just wanted to give you a little background -- Chair Spence -Jones: Your name. Just put your name on the -- for the record. Mr. Spanioli: Mark Spanioli, Downtown Development Authority. Just a little background and history. The program of the Downtown Enhancement Team began in 1993. It's a collaborative partnership with Camillus House. We provide part-time jobs to formerly homeless individuals to help them get back into the workforce. It's a nine -month program for these folks, and we City of Miami Page 12 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 probably see 30 to 40 people come through the program each year. And over the time of the program, we've helped hundreds of homeless get back into the job market and the workforce; a lot of them get City jobs, a lot of them get other kind of full-time jobs that we've helped them get into. This is a program that helps them get back into the workforce. They get training. They get uniforms, and we have them help throughout the downtown area, Park West, and we want to add the four more into the Media and Entertainment District of the Omni CRA. Right now, the DDA (Downtown Development Authority) funds $330, 000 annually for this program, and we have 20 people on the team. We want to add the four more for this area dedicated to the Omni area. Commissioner Sanchez: Could you put also on the record what type of services they're going to be providing for $55, 000 a year? Mr. Spanioli: Absolutely. They'll be providing six -day -a -week litter cleanup, trash removal, graffiti removal throughout the district on signs, posts, newspaper stands, traffic control boxes. They have all that cleaned up. We also do periodic pressure washing of the sidewalks and sidewalk scrubbing with our different machinery we have. [Later...] Commissioner Regalado: Okay, and now the code enforcement or the graffiti busters. Mr. Spanioli: The Downtown Enhancement Team crew members, they come through Camillus House. They're homeless individuals that have gone through -- if they have drug problems, they go through drug rehabilitation before they can enter into the team. They go through a certain time period of rehabilitation, and then they're allowed to come and try and apply for the team. There's actually a lot of people that try to get onto the Downtown Enhancement Team. [Later...) Chair Spence -Jones: Any more discussion on the item? All right. I believe we had a motion and a second, correct? All in favor? The Commissioners (Collectively): Aye. Chair Spence -Jones: All right, this item passes. Just want to mention to DDA, I know, you know, part of it is -- so the major part of the agreement is really picking up trash, but I know that under the expressways and posted throughout the area, there are these posters that are on the walls, and I know that our Code Enforcement was focused on that too, but I do know that this is something on the way coming over here when I got off the expressway, all these different music posters, everything that you can think of under the expressway, will they be cleaning that up also? Mr. Spanioli: Yes, they will. They will be cleaning any posters or any signage that's illegal will be -- have it -- we usually call Code Enforcement ahead of time, let them observe it, take a look, see if there's any violation that needs to be filed, and then we have it removed. Chair Spence -Jones: Okay. Mr. Spanioli: That's part of their general workload. Chair Spence -Jones: All right. Thank you. Commissioner Sanchez: Madam Chair -- Chair Spence -Jones: Yes. City of Miami Page 13 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 Commissioner Sanchez: -- if you would allow me a point of privilege. I certainly want to take the opportunity to praise the DDA staff. It's been an honor to work with individuals that really are committed to making sure that our community is a safe, clean -- and when people come to our community, they have a pleasant experience. I think those are the ingredients for economic vitality in our city. Thank you. Mr. Spanioli: Thank you. Chair Spence -Jones: Thank you. 8. 08-00759 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 A DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH URBAN DEVELOPMENT GROUP, LLC FOR ITS JAZZ VILLAGE AT LITTLE BROADWAY PROJECT. Cover memo.pdf Financial Form.pdf backup.pdf Legislation.pdf Motion by Commissioner Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Vice Chair Sarnoff, Chair Spence -Jones, Commissioner Regalado and Commissioner Sanchez Absent: 1 - Commissioner Gonzalez CRA-R-08-0037 RECONSIDERED A motion was made by Vice Chair Sarnoff and seconded by Commissioner Sanchez to reconsider Item 8. See final adopted version below. 08-00759 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 A DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH URBAN DEVELOPMENT GROUP, LLC FOR ITS JAZZ VILLAGE AT LITTLE BROADWAY PROJECT. Cover memo.pdf Financial Form.pdf backup.pdf Legislation.pdf Motion by Commissioner Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 14 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 Votes: Ayes: 4 - Vice Chair Sarnoff, Chair Spence -Jones, Commissioner Regalado and Commissioner Sanchez Absent: 1 - Commissioner Gonzalez CRA-R-08-0037 Direction by Commissioner Sanchez to the Interim Executive Director to amend the language of the development agreement to state that any transfer of ownership of the managing LLC or its partners will be deemed an assignment that must be approved by the Board. Chair Spence -Jones: All right. We're moving on to item number 8. Jim. James H. Villacorta (Executive Director, Community Redevelopment Agency): Item number 8 is a resolution of the Board of Commissioners of the Southeast Overtown/Park West Community Redevelopment Agency, with attachments, authorizing the executive director to execute a development agreement, in substantially the attached form, with Urban Development Group, LLC (Limited Liability Company) for its Jazz Village at Little Broadway project. The project is - - consists of the development of parking lot P-3 at 345 Northwest loth Street in Overtown, and consists of low-income rental units, affordable workforce housing, retail, office, and associated parking. Chair Spence -Jones: I believe Bill also was very much involved in the negotiation of this agreement. I don't know if, Bill, you want to put anything on the -- William R. Bloom (Special Counsel, Community Redevelopment Agency): I think everything is covered in the executive summary. Chair Spence -Jones: Okay. All right. Just wanted to make sure you had the opportunity. Okay, this is item number 8. Any questions? We have a motion. Do we have any questions on the item? Commissioner Sanchez: I would make a motion. Nothings changed, correct? We're still -- it's still containing 41 affordable and workforce condominium units, 70 to 77 affordable rentals, and 300-space parking garage, correct? Mr. Bloom: That's correct. Commissioner Sanchez: So nothings changed on this? Mr. Bloom: No. Commissioner Sanchez: I would make a motion to approve. Vice Chair Spence -Jones: I have a motion. Do I have a second? Commissioner Regalado: I'll second. Chair Spence -Jones: All right. I have a motion and a second. All in favor -- any discussion? Vice Chair Sarnoff I -- Commissioner Sanchez: Discussion. Vice Chair Sarnoff -- have a question. City of Miami Page 15 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 Chair Spence -Jones: Okay. Vice Chair Sarnoff What -- having not completely read the agreement, what are the assignability rights? What if the folks who are here today want to sell this contract, assign a part of this contract, get a partner; how does that work? Mr. Bloom: Any assignment has to be approved by the CRA (Community Redevelopment Agency) board of directors. There -- the -- while they haven't finished their operating agreement, all the members of the developer are identified in the agreement, so to change members or to assign a phase, they would have to come back to the CRA Board for approval. The concept here is that the CRA is doing business with the respondent to the proposal and there's not an opportunity for the developer to flip a phase to another entity without the Board understanding it, approving the economics, the deal and making sure it's got the same likelihood of success as dealing with the original respondent to the proposal. Vice Chair Sarnoff What about percentage? Can they sell 30 percent, can they sell 40 percent without our approval? Is it 51 percent that they need our approval? Mr. Villacorta: Paragraph 19, at page 24 of your materials, the agreement may not be assigned without the approval of the CRA, which approval may be granted or withheld by the CRA at its sole discretion. Vice Chair Sarnoff That didn't answer my question. My question is what if they wanted to sell 49.9 percent of this agreement. Mr. Bloom: At this point, when we enter into the lease with the developer, which is when all the contingencies are done, which is going to be approximately 15 months from now, that lease will deal specifically with the assignment of interests in the development. What we're requiring now is that when we get to that point of signing that lease, that the same members who are currently members of the developers will be develop -- members of the developer at that time. So the answer is they won't be able to assign their interest in -- the exact percentages will be dealt with in the lease so that you're dealing with the same entities controlling it. You're not able to, in effect, do an assignment through the backdoor by assigning membership interest in the LLC so you're still dealing with the same legal entity, yet control of that entity has shifted to some other entity. Vice Chair Sarnoff Well, then you bring up a different issue, Bill. Let's say the managing member changes. Is that considered an assignment? Mr. Bloom: That -- it requires, at this point, the managing member to be the same, so that would need CRA Board approval. Vice Chair Sarnoff All right. Now let's say a non -managing member changes? Mr. Bloom: Again, changing those percentages could be worked out in more detail in the lease. What -- changing more than a certain percentage will require Board approval. Vice Chair Sarnoff That's my point. What is the percentage? Mr. Bloom: It's not dealt with in the development agreement. We had intended to finish the lease prior to this meeting, but we were unable to do so, and there were -- we had to expedite the process so the developer would have site control to get his HUD (Department of Housing and Urban Development) 202 financing done. That will be dealt with specifically in the lease. It'll be similar to what we dealt with in the Crosswinds transaction, where there's restrictions placed so you'll -- to prevent speculation. The idea is this -- these are the parties we're dealing with the City of Miami Page 16 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 intend -- they're going to be the developers and not be able to transfer economic control one way or another to another developer, another group of investors without CRA Board approval. Vice Chair Sarnoff Well, then if the operative word is control, then theoretically, they could sell 49.9 percent. Mr. Bloom: Not necessarily, and if the Board wants to make recommendations -- I can't tell you off the top of my head exactly what the restraint was in Crosswinds, but we can give that directive to the executive director, and when that lease is finalized during the due diligence period that the developer is undertaking, we can make sure that those restrictions, including the percentage of transfer, whether it be 49 percent, be it 25 percent or 20 percent, are dealt with that way in the lease. Vice Chair Sarnoff At what point would this Board give you that direction? Mr. Bloom: Well, they can give it now as part of the resolution, or they can do it at another board meeting. It'll be -- you know, it'll be, you know, 60 days before the lease is finished, but I think we're hearing loud and clear the desire of the Board to make sure that there's not an economic transfer of rights without it coming back to the Board, and I believe you're leaning more towards the 25 percent, a very low threshold that would require it to come back to the Board for Board approval. Vice Chair Sarnoff.. I know for myself, I'd like to see a 20 percent change in ownership. I'd like to -- I'd like this Board to have the authority to approve it. Chair Spence -Jones: I mean, I don't think we have -- does anybody have a problem with that? Commissioner Sanchez: No. I don't have a problem with it. My understanding -- and it's fine to bring it up now. My -- when I inquired about that, we would deal that when it -- when the lease came up, which I'm sure that when we deal with the lease, the lease should have the proper language to protect the best interest of the CRA. Mr. Bloom: That's correct. Again, the -- Commissioner Sanchez: Okay. Mr. Bloom: -- whole concept is -- Commissioner Sanchez: But we, as policy, could put recommendations on the record now if we wanted to, if that's 20 percent -- Mr. Bloom: Right. Commissioner Sanchez: I have some recommendations, but I'll -- I will sit down with you to address them so it'll be put on the lease when it comes back for a final vote. Mr. Bloom: If you'd like, you can move -- there's a resolution in the package, and you could move now to amend that resolution to put -- make it more restrictive as far as assignability provisions, or you could -- you can recommend that -- you know, you can direct the executive director to bring the assignment provisions back to the Board for consideration at the next board meeting so then you'll be able to see the exact language we're proposing just on the assignability provisions, however you feel is most appropriate. Chair Spence -Jones: Any comments that you want to add? City of Miami Page 17 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 Vice Chair Sarnoff No. I -- if it's coming back -- I mean, I actually heard Commissioner Sanchez better than I could hear you -- Chair Spence -Jones: Yeah, I know. Vice Chair Sarnoff.- -- so I actually heard what Commissioner Sanchez said, and I didn't want to look like a buffoon and say, yeah, I couldn't hear Bill. Very hard to hear you. Mr. Bloom: Yeah. I think -- Vice Chair Sarnoff But if it's coming back before the Board -- Commissioner Sanchez: Yeah. Vice Chair Sarnoff -- then that's fine. Chair Spence -Jones: Okay. Mr. Bloom: I think what you want to do -- at this point, the development agreement that's in front of you provides that the lease is subject to the approval by the executive director, and I think what you really want to have is you're approving the development agreement -- Commissioner Sanchez: That's all. Mr. Bloom: -- but you're directing that the final form of the lease be submitted to the Board for approval. Vice Chair Sarnoff.- I'll take as a friend -- I'll ask that as a friendly amendment to the resolution. Commissioner Regalado: I'll accept the amendment. Chair Spence -Jones: And so we had a motion and a second, with an amendment, correct? A motion -- Commissioner Sanchez: For the point of clarification, I made the motion. Chair Spence -Jones: Right. Commissioner Sanchez: I accept the friendly amendment. Chair Spence -Jones: Okay. Vice Chair Sarnoff And then the seconder did Chair Spence -Jones: And the second -- Mr. Bloom: Right. Commissioner Regalado: Yeah, andl accept it. Chair Spence -Jones: Okay. Commissioner Regalado: Right. Chair Spence -Jones: So all in favor? City of Miami Page 18 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 The Commissioners (Collectively): Aye. Chair Spence -Jones: All right. This item pass -- Commissioner Sanchez: Aye, 4/0. Chair Spence -Jones: Okay. Oh, I just want to make a -- Well, go ahead. Albert Milo: Albert Milo, Urban Development Group. I want to be clear on actually the modification because there may be a technicality as far as our HUD funding, which is due on July 10. The development agreement calls for any assignability, in paragraph 19, to be approved by the CRA Board. It's pretty clear on that, any assignability. If you -- if the motion is to modifir the lease, which hasn't been finalized, to have other provisions and the lease is going to come back in front of this Board, that could be deemed to be not having site control, and we could get bumped on our federal HUD funding, so we got to be clear on what we're doing 'cause this development agreement specifically called for any assignability to come back to this Board, but it also called for the lease to be finalized by the executive director. If the lease has to come back and get ratified again, that could be construed to be not having full site control for HUD funding. Chair Spence -Jones: Michael, is -- you need to clear it up. Mr. Bloom: Then maybe to resolve the issue for the developer's sake, that we have not the lease -- what we can do is not have the lease, but the assignment provisions contained in the lease be subject to the Board's approval. Does --? Chair Spence -Jones: Are you guys -- is everyone okay with that? Commissioner Sanchez: I'm okay with it 'cause we got safeguards. I mean, we're going to -- Vice Chair Sarnoff I'm not -- the reason I'm hesitant -- 'cause I was listening to Mr. Milo and I'm curious to what is an assignment. And the question then becomes, if somebody purchases an interest in, let's say, the LLC, is that an assignment? Mr. Bloom: That will be dealt with as an assignment, so that'll be something that -- Vice Chair Sarnoff That's my -- my question is -- then you've answered my question. So somebody acquires an interest in this property; you would deem that to be an assignment. Mr. Bloom: The question, though, is is a one percent interest, is a twenty percent interest -- Vice Chair Sarnoff. Right, and that's -- Mr. Bloom: -- and that we will present -- Vice Chair Sarnoff -- what is the threshold; I agree. Mr. Bloom: Right, so we will present that at the next board meeting so the Board can approve the thresholds that the executive director is proposing for an assignment that has to come to the Board for approval. Chair Spence -Jones: Okay. How does this change your -- does this change the original motion in any way? Because I think that -- I mean, I just want to make sure if you -- if the developer, both the Collin Center -- are going after funding, this is not going to be deemed as a hindrance City of Miami Page 19 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 to them to -- Mr. Bloom: To accomplish that, we have to remove the friendly amendment, and we -- you have to, maybe by separate motion, require that the executive director present to the Board for approval the proposed assignment provisions to be contained in the lease. Mr. Milo: Commissioner Sarnoff, to put you at ease, I have no problem accepting any provision that's even more stringent as any percentage of assignment. I have no issue with that 'cause any assignment's going to come to this Board. The issue is if we get bumped from the technical standpoint of not having full site control. Vice Chair Sarnoff No. I don't -- understand, I don't want to take away or harm you in any way. I'm not resisting -- Mr. Milo: Right. Vice Chair Sarnoff -- the friendly amendment being taken away. I do want the ability of this Board -- Mr. Milo: Right. Vice Chair Sarnoff -- to at least govern and take a look at who the assignees are, the assignees are and what are their stakes and what are their wherewithals of being able -- what have they produced in the past; what have they not produced in the past; have they had bankruptcies; are they financially feasible; are they viable companies; all the things that we should be doing our due diligence that we, presumably, did with you that we should be doing with anybody that you may choose or need to assign this to as defined assignment by Jim Villacorta. I'm not resisting your friendly amendment, and I'm not trying to be an impediment to you to do anything with HUD funding or any other type of funding that requires site control. Mr. Bloom: Maybe we can -- Chair Spence -Jones: So what do we need to do, Bill? Mr. Bloom: -- change the provisions in the development agreement now to provide that the transfer of more than ten percent interest in the managing member or more than a ten percent interest in the membership of the LLC would be deemed an assignment requiring CRA Board approval. Commissioner Sanchez: Counsel, let's do this orderly, okay? Whoever made the friendly motion [sic] should withdraw it. Vice Chair Sarnoff I'll move to re -- I think it's a motion for reconsideration. I'll move to reconsider, since I voted in favor, the friendly amendment, and that should be my motion. Do we have a second? Chair Spence -Jones: All in fa -- Commissioner Sanchez: I will second. Chair Spence -Jones: Do I have a second? Commissioner Sanchez: All this does is removes the friendly amendment, so the motion is still on the table. Now -- City of Miami Page 20 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 Vice Chair Sarnoff First we have to vote on it. Commissioner Regalado: No. We haven't voted. Vice Chair Sarnoff Right. We have to vote on the reconsideration. Commissioner Regalado: No, but we haven't voted. Vice Chair Sarnoff Yeah, we did. We didn't vote on that? Chair Spence -Jones: Not -- you just -- Commissioner Sanchez: You should have just removed -- Chair Spence -Jones: -- we had a motion and a second. Commissioner Sanchez: -- the friendly amendment. Vice Chair Sarnoff Oh, we didn't vote on that? I thought we did vote on that. I'm sorry. Unidentified Speaker: Okay. Commissioner Sanchez: All right. Listen -- Commissioner Regalado: No, because -- Commissioner Sanchez: -- the simplest way -- Chair Spence -Jones: Okay, so -- Vice Chair Sarnoff So I withdraw my friendly amendment. Chair Spence -Jones: Okay. So Commissioner Sarnoff has withdrawn his friendly amendment, so now we need a new motion, correct? Commissioner Regalado: No, we don't. Chair Spence -Jones: Oh, we don't need it? Okay. Commissioner Sanchez: We have a motion on the table. Chair Spence -Jones: So now we need to take a vote -- Madam Clerk, do we need to take a vote on this? Commissioner Regalado: Right. Pamela E. Burns (Assistant Clerk of the Board): On this friendly amendment -- on this motion? Commissioner Regalado: No, no, no, no. Mr. Bloom: No. Commissioner Sanchez: On the original motion. Ms. Burns: On the original -- City of Miami Page 21 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 Chair Spence -Jones: Okay. Ms. Burns: -- motion that we had prior to this was, let's see -- yes. You -- Commissioner Sanchez, seconded by Commissioner Regalado -- Chair Spence -Jones: Okay. Ms. Burns: -- was the original motion. Chair Spence -Jones: Okay. So all in -- now we're taking the vote. Mr. Bloom: Let me go back -- Chair Spence -Jones: Yes, Bill. Mr. Bloom: -- to clarify Commissioner Sarnoffs point. To the extent that we can address Mr. Milo's concern regarding having site control and Commissioner Sarnoffs concern regarding transferability of membership interest in the managing member and the developer entity that we can amend, if you so choose, the development agreement to encompass that now and then we'll be done with the issue. So if you want to -- Chair Spence -Jones: Commi -- Jim Villacorta, do you -- please, if you have a point, put it on the Mr. Villacorta: Right now, we have the agreement may not be assigned without approval of the CRA Board. We can amend that language to say -- you can direct me to amend that language to say that any transfer in ownership of the managing members or the partners is considered an assignment and must be approved by the Board, and we'll just clarify that in the agreement. Vice Chair Sarnoff.- Does that need to be part of the motion, or can that just be --? Mr. Villacorta: It could just be a direction -- Vice Chair Sarnoff A direction. Mr. Villacorta: -- to -- Chair Spence -Jones: Madam City Attorney, do you have a comment? Okay. So what are we doing? Mr. Villacorta: We're voting on the resolution. Chair Spence -Jones: We just voted -- right. Mr. Bloom: On the table. Commissioner Sanchez: All in favor. Chair Spence -Jones: All in favor? The Commissioners (Collectively): Aye. Commissioner Sanchez: All you got to do is put two attorneys in a room. City of Miami Page 22 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 Chair Spence -Jones: This -- Vice Chair Sarnof There's actually four -- it's actually four; it's way too many. Commissioner Sanchez: Four attorneys -- Chair Spence -Jones: -- item passes. Commissioner Sanchez: -- in one -- that's way too many. Chair Spence -Jones: And Commissioner Sanchez -- or executive director -- or the -- Commissioner Sanchez is giving the executive director a directive to include what? Mr. Villacorta: To include language claming that any change in the ownership of the managing LLC or its partners will be deemed an assignment that must come before the Board. Commissioner Sanchez: And that'll be on the lease. Vice Chair Sarnoff That's just a directive and doesn't need a motion. Commissioner Sanchez: No. Chair Spence -Jones: Right. It's a directive. Ms. Burns: And Mr. Executive Director, does that make this resolution modified? Commissioner Sanchez: No. Chair Spence -Jones: No. Gail A. Dotson (Assistant General Counsel): It's not modified. Commissioner Sanchez: No. Chair Spence -Jones: No. Mr. Bloom: No. Ms. Dotson: No. Commissioner Sanchez: All right. Chair Spence -Jones: Okay. Commissioner Sanchez: Moving right along. Chair Spence -Jones: Moving right along. DISCUSSION ITEMS 9. 08-00569 CRA PRESENTATION PRESENTATION BY TRINITY EPISCOPAL CATHEDRAL, INC. REGARDING REPAIRS TO THE CATHEDRAL. City of Miami Page 23 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 Cover Memo.pdf Back-up.pdf Cover Memo.pdf PRESENTED Direction by Chair Spence -Jones to the Interim Executive Director to come back with a report at the Community Redevelopment Agency (CRA) meeting currently scheduled for July 28, 2008 with an official process or guidelines regarding the distribution of funds to provide support to historic religious institutions within the CRA areas. A motion was made by Commissioner Sanchez, seconded by Commissioner Regalado, and was passed, with Vice Chair Sarnoff voting no, and with Commissioner Gonalez absent, to direct the Interim Executive Director to meet with representatives of Trinity Episcopal Cathedral to establish a grant to the organization with the conditions that, first, the money from the Community Redevelopment Agency will only be used to help with the 40-year recertification; and second, that the Cathedral agrees to transfer their feeding program to another entity providing similar services, such as the Camillus House. Chair Spence -Jones: All right. This is our last item. I want to apologize to the Trinity family. I don't know if they're here. Are they here? Trinity -- okay. This is the third -- is it the third time or the fourth time? -- or fourth time that we've asked you to come back. I know Commissioner Sanchez definitely wanted to be here, so -- Douglas McCaleb: Thank you for having us this evening, Commissioners. Doug McCaleb. I'm dean of Trinity Cathedral, at 464 Northeast 16th Street. We are here today to request funding from the CRA (Community Redevelopment Agency) to assist with the cathedral restoration and renovation projects, particularly focusing on the requirement of the City of Miami for our 40-year recertification. We have been excited over the last several months to be part of the Omni district, which is expanding and growing, and we are looking forward to partnering with our neighbors as this part of the City grows and is enhanced. You have the information on the historic nature of the cathedral. We were built in 1925. It's one of the oldest buildings in Miami. The congregation dates from 1896, the same year the City was founded. Julia Tuttle actually gave the land on which the first church sat, so we have a long history in terms of our participation in the life of this community. But weather and time and other things, construction, have taken its toll -- their toll on the building, and so now we are facing substantial problems with outside damage. When I arrived two and a half years ago, you actually could see the sky when you looked out of the roof. We are almost completed with the roof repairs. In fact, in probably two weeks, the new roof will be completed, so we are engaged in securing the building envelope, which is our first concern. But as soon as the roof is done, we have additional areas that must be addressed, stained glass windows, which have corroded around the frames, again, because of time and weather. Substantial damage to the interior, and again, the recertification demands that Code -- mechanical, plumbing, electrical, the structural things, be brought up to current Code, so that price tag is over a million dollars in 2005 dollars, and the entire project, looking at the restoration of the cathedral, will probably be in the range of five to maybe six million dollars. We haven't really begun a substantial capital campaign. However, in this sofi period, we've garnered a number of funds and support from a number of different places. We are working on grants from the County and from the National Trust for Historic Preservation. We have also begun a program to raise money called Friends of the Cathedral and have established a capital improvement fund. All of those things are sort of ways in which we are starting to see that we believe very firmly that we can acquire the necessary funding as we move forward in this project. One of the more exciting parts of fundraising is a program called Partners for Sacred Places, which is a program out of Philadelphia that works with historic houses of worship to raise funds both within and without -- outside of their congregations. So, as I mentioned, the work has begun. We continue to participate in a number of programs with the City and our community. The County has just completed a new handicap ramp because we City of Miami Page 24 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 serve as a polling place. A number of cultural, music, educational events are held at the cathedral as we, again, try to work with our neighbors, with the community. So we are here today to ask for a grant of a million dollars, which we hope will address the recertification process as we move toward the total restoration of the cathedral. Commissioner Sanchez: All right. Marc. Chair Spence -Jones: All righty. Is there anybody else from the cathedral that wants to also speak? All right. I'm going to ask the -- I know that it's actually in Commissioner Sarnoffs district. I don't know if you want to go next, Commissioner Sarnoff, or -- Vice Chair Sarnoff I'll -- want to open up to the public? Chair Spence -Jones: Okay. We can open up to the public. Fred Joseph: Fred Joseph, 1717 North Bayshore Drive. I'm not speaking as the Omni Advisory Board on this matter, but I do wish that you would consider it very strongly. I would like to take this to the board and see where their feelings are going. I wasn't aware this was going to be other than a discussion. Is -- in regards to whatever we do for the cathedral -- and they are our neighbors -- actually, the bishop lives in my building, and the hierarchy -- I don't ever want to vote against anything with God's name on it, whether the bishop lives there or not. His boss is always around. What I'd like to speak on is something you can control because, as good neighbors, we have tried for years to help the cathedral do the homeless. What the circumstances are with it is -- and I went up against my own bishop, the Catholic diocese, in regards to the homeless situation back when the PAC (Performing Arts Center) -- I mean, the Homeless Trust was instituted. That is their job. That's their only job that they can do well, and that's help the homeless, help the needy. So if we can help them, maybe we can get them to eliminate some of that practice of feeding on property or feeding around the property. For about 15 years, we went around and picked up the litter, or the feces, or stepped over the people that would come real early to go to sleep before they went to be fed. Only thing we're saying is we all need to help. As far as dollars, I don't know whether there's dollars there. I do know if they need help -- I -- they put a copper roof on, I think, about 14 years ago, and now I see they're putting a brand-new one again. Somebody, you know, should have been responsible for that, I would have assumed, insurance or somebody. But as far as dollars, I can't say -- I haven't seen the packet. All I do know is whatever you can do for our neighbor -- this is one of our CRA locations, and you know, we can never go wrong. Thank you. Chair Spence -Jones: Okay. So we've heard from members of the audience regarding Trinity -- oh, we have the officers who want to -- okay. City of Miami. Commissioner Sarnoff, you want to Vice Chair Sarnoff You guys going to speak? Officer Jeffrey Glasko (Police): Yes. Chair Spence -Jones: I think that his -- probably City of Miami employees should not be speaking on the issue. I think that's what the Commissioner is -- Vice Chair Sarnoff If you want to, go ahead; it's your choice, but -- Commissioner Sanchez: It's a homeless issue, correct? That's -- the feeding of the homeless? Officer Wanda Mendez: Yeah. That's -- well, on our side -- Pamela E. Burns (Assistant Clerk of the Board): I'm sorry. We need your name for the record. City of Miami Page 25 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 Officer Mendez: Officer Wanda Mendez, downtown neighborhood resource officer. Officer Glasko: I'm Officer Jeffrey Glasko, downtown neighborhood -- Chair Spence -Jones: Okay. Officer Glasko: -- resource officer. Chair Spence -Jones: We just don't want you to get in trouble. And I want to put it on -- Officer Mendez: How do we go about this? Chair Spence -Jones: Yeah, because you are in -- as Commissioner Sarnoff is stating -- I guess he's trying to do it in a nice way -- you are -- Officer Mendez: No, no, no. Chair Spence -Jones: -- in uniform. Officer Mendez: We -- okay -- have never been in front of the CRA. We were requested to be here by the neighbors in and around the church, and we have been working with the church also. Chair Spence -Jones: Can the neighbors speak? Are the neighbors here -- Officer Mendez: Huh? Chair Spence -Jones: -- that have requested you? Are the neighbors here? Officer Mendez: They gave us -- Chair Spence -Jones: Are any of the neighbors here that gave you that? Officer Mendez: No, ma'am. Chair Spence -Jones: I would suggest that we don't do it then. Officer Mendez: Okay. Chair Spence -Jones: All right? We got -- Officer Mendez: No. Whatever you need -- Chair Spence -Jones: -- your comments in writing already. Officer Mendez: Okay. Vice Chair Sarnoff Right. You want -- Chair Spence -Jones: All right. Vice Chair Sarnoff -- to voice these concerns here, right? Officer Glasko: (UNINTELLIGIBLE). We were not here to voice our opinion on whether -- City of Miami Page 26 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 Chair Spence -Jones: I know, but it -- Ms. Burns: I'm sorry. We're not -- Chair Spence -Jones: -- the neighbors should -- Ms. Burns: -- recording you. Chair Spence -Jones: -- really be here doing that, but we do have your information submitted into the record. Officer Mendez: Okay. That's perfectly fine. Chair Spence -Jones: Okay, all right. Officer Mendez: And we are working with the church so everybody knows that, okay. Chair Spence -Jones: No. We know you're not against the church, God either. We understand that. All right, so is there any neighbors have any --? Okay. All right, so we're going to bring it back to the Board Commissioner -- I know Sanchez had -- you want -- you have a comment for --? Okay. Okay, Commissioner. Vice Chair Sarnoff. Let me first state that I was curious -- I happen to be a real believer in separation of church and state. I made that very clear to Pastor McCaleb. But I went and I looked first how many churches do we have in Southeast Overtown/Park West, how many churches do we have in the Omni, only to find out today we didn't have all the churches listed, but we do have the monies we've spent. I thought it'd be worth a visit 'cause this only goes back two years. Greater Bethel AMI [sic] Church -- AME (African Methodist Episcopal) Church, excuse me, at 245 Northwest 8th Street, has received $340,100, $104,490, and 90,000, for a total of $534,590. Greater Mercy Church has not requested anything, but it's equally a church out there. Mount Zion Baptist Church, at 301 Northwest 9th Street, has received $20,500 and $209,816 in what is collectively valued land, so they've received a total of $230,316. New Hope Primitive Baptist Church has not come in asking for anything yet. St. John's Baptist Church on St. John's [sic] Community Development Corporation, has received $252,000, then they received $27,387, then they received $54, 024.31. They have collectively received $387,435.62. So the Southeast Overtown/Park West, in the past two years, has collectively given $1,152,341.62. This is not the wealthy CRA, so to speak. Then I looked at what has the Omni done. Well, the Omni is up now for the first time by a church, and you're being asked to give $1 million from Trinity; yet, you still have out there Church of God Christ AM Cohen Temple; you have First Church of Christ Scientist -- I'm reading it as you wrote it, Jim -- James H. Villacorta (Interim Executive Director, Community Redevelopment Agency): Yes. Thank you. Vice Chair Sarnoff -- National Church of God, Primera Iglesia Bautista Hispana Church, St. Agnes Episcopal Church, Temple Baptist Church, Trinity Cathedral, Triumph the God -- the Church and Kingdom of God and Christ Church. And what I had my office do is go out and photograph as many of these churches as we could to see who could come in asking for historic designation. I suggest my fellow Commissioners take a look. So we also know that there are some churches and some temples missing from this list. For instance, I believe Temple Israel is not very far away. I know they've not come in asking for any money, but they're all out there. Now you've been provided legal opinion from the City of Miami's Law Department that you can do this, and I'm not suggesting that you can't do it if you do it evenhandedly. However, if you should find that you are doing it un-evenhandedly to possibly Christian organizations, not funding Muslim organizations, not funding Hindu organizations, not funding Jewish City of Miami Page 27 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 organizations, you will run afoul, and you will run afoul of very considered case law in the state of Florida. American Atheist Incorporated versus City of Starke, Florida, is a middle district case that does not allow you to evaluate these church sites in a disparate manner, which means you cannot start giving money only to Christian organizations. Equally, the American Civil Liberties Union versus Georgia -- excuse Georgia versus Rabun County Chamber of Commerce, which is an Eleventh Circuit case at 6981t) 2d 1098, equally provides you can't do it disparately. And finally, I'll give you another case, Bush versus Holmes, and that's 886 So. 2d 340, which is a Florida First DCA (District Court of Appeals) 2004 case, which provides you really shouldn't cross the threshold of the church itself, which means it's one thing to help the facade of a church; it's another thing to start rebuilding its foundation. It's another thing to rebuild its plumbing, its electrical. In other words, it's another thing to rebuild the church itself. The CRAB should be most concerned, in my humble opinion -- and I'm only one -- with jobs, infrastructure. Southeast Overtown/Park West needs to have a significant component for affordable housing, but it makes no sense to do the following. You have an organization that comes before you that is a 501(c)3, which means they have never paid any dollars to any governmental entity, and they are asking for you to give governmental dollars to them when, if they were good stewards with their money, they very simply could have held on to what they should have paid in tax dollars and made sure that they had a capital contribution fund adequate because they're not paying or pulling on the same end of the rope as the folks that we're about to vote on right now with their TIF money and spend. Further, when they sold their land to all these tall buildings all around here, when they sold to the Marriott, when they sold to the Doubletree, when they sold to the Grand, where did that money go? What use was that money put to? Were they good stewards with that money? They were complaining, if I heard correctly, that as a result of weather and construction, their church needs work. The construction was their selling of their land. So the question you have to ask yourself, if we, as City Commissioners, are good stewards with your money, what are they doing -- or what did they do with the money that they sold all these tall buildings all around here that they now complain have caused them to have a 40-year certification problem because they did not act as good stewards and put that money aside or save their tax dollars and come and properly capitalize themselves because they don't pull on the same end of the rope as the rest of us. Now that having been said, this Commission is about to open Pandora's box because, by my estimation, 11 churches and temples were left off that list, and by my estimation, half of them will qualify as historic designations. When the temple comes before you and you don't want to give them money, they will have a suggestion to you of disparate treatment, or commonly known as the equal protection clause. When another church comes before you and you say no to them, why? Folks, it's not a limitless supply of money. We have an obligation to redevelop these neighborhoods. That obligation in Southeast Overtown/Park West may be a little bit different than it is in Omni, but nonetheless, we've got to be good stewards with the money. It is not good stewardship -- it is not a proper protocol to break the establishment clause and start putting money inside the doorstep of churches, temples, mosques, synagogues, or any other temple or place of god That is the separation of church and state. The reasons are profound, and the reasons are self-evident in front of you. The self -evidence is you don't want a Commissioner who is afraid or beholden to a god. You want a Commissioner who is afraid and beholden to a taxpayer. You, you who are pulling on that end of the rope. There is not an adequate public purpose here for you to invest $1 million into the structure that you're being asked to do when that structure could have been funded by 501(c)3 status, which meant they should have held the money themselves. Or, alternatively, over the years of selling all to these tall buildings, all to these valuable developers, that money should have been put and in charge and kept in a safe box for the 40-year certification. We are about to engage on a dangerous path here in the CRA. If we continue this path, every church will be at this doorstep, every temple, every mosque, and everyone should be because it becomes a stated purpose of this Commission -- or I should say this CRA, to make sure that we are evenhanded with everyone's god. So either you cross the threshold and you go inside the church -- and trust me, you don't want to be inside the church 'cause you will not ever be able to explain yourself adequately as to why you're funding one man's church but not another man's temple. I suggest to this Commission you take courage -- and it's not an easy thing to do, to, as Mr. Joseph said, not side with God, but I'm not siding with City of Miami Page 28 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 God or against God. I'm siding with the taxpayers. It would be inappropriate and it would be poor judgment of any Commissioner here to use a limited resource of our tax dollars and fund somebody who should have properly funded themselves. Thank you. Chair Spence -Jones: Thank you, Commissioner Sarnoff. Commissioner Regalado, you're recognized. Commissioner Regalado: Commissioner Sarnoff, it was -- I mean, any judge would love that argument. I would vote for that argument on a heartbeat if you would only change church and put PAC, Performing Arts Center, because it's the only thing that came to my mind when you were talking about the need of being very careful with the money. And I understand what you're saying. I understand -- but I think that what you're trying to say is that we could be overrun by historic, not by religious building. Because I think that what they are trying to do is they are trying to help fix a historic building, not a religious building. It is part of history, built in 1926. I mean, if we were to bring the Coral House, near Perrine, or Naranja, to the Omni area, that would qualj, and it's -- some people say that it has something that is not natural; it's something about spirits, something about a religious thing. It is -- it's been on the books as that aspect for many, many years. I think that there are two things here. Number one, you're right because -- well, the pictures that you show us, I saw one or two that could look as historic; the other are just -- Chair Sanchez: Churches. Commissioner Regalado: -- plain buildings, you know. Anybody can build -- anybody can have a church. You know, it's very easy to start the church of whatever. I think that what we're looking here -- and I just want to understand what is the situation of the church. The cathedral belongs to the main church. The cathedral has to remit money to the church, national church, whatever it is. This is what they do here in Miami. The churches -- each parish remit the money that they raise to the archbishop, the diocese, and the diocese then sends part to the Vatican and part to the missions in Latin America or in Africa. I don't think that a church can keep the money that they generate because then there will be no churches in poor areas, only churches in rich areas because only the air condition of that church, I imagine that with (UNINTELLIGIBLE) trying to raise the rate, will be six or seven thousand dollars a month, so I think that this is about historic. And listen, the CRA counsel said that it's okay that we help the churches because it's a historic place, and it's a place of gathering of the community. It's a place where people will go, addict. So, I mean, you should be -- all of you should be okay with that because it's the same counsel that said that it was okay to send the $5 million check, so I'm just saying, if they have an issue with the homeless, the Homeless Trust did do a very, very good program to feed the homeless in five sites in downtown Miami, in the core of downtown Miami. We took, the Homeless Trust did, and the City's part of it, 69 churches that were feeding off vans and anywhere and concentrated in five feeding points in downtown Miami. I am sure -- and Fred -- that if we were to somehow get on board with the church, we can use Camillus House facilities to direct the feeding of the homeless in one of those places, or a place that is near, but it's more organized. I'm sure that Camillus House will help. I do think -- and let me tell you -- that the way that the feeding was going on in downtown Miami was unacceptable. It was a free-for-all, van opening. The Coral Gables Congregational Church, located in Grenada and Bird, had a van with all these beautiful members of the congregation that cook all day on Thursday and will come, two or three vans, and plastic plates and Kool-aid and cups, and everybody will try and -- Northeast 2nd Avenue and 3rd Street was like a battleground after that feeding. Well, they went into the program. I don't know, Reverend, what is especially the issue or if you all would ever want to discuss this with the Homeless Trust that did the feeding program which, by the way, has been serving like a million meals, since it was established, everyday, but I do think that this is important that we at least consider for one reason. If we can enter into a partnership between the CRA and the church, for whatever project, maybe we can direct their programs to the Homeless Trust or benefit the area which, by the way, is City of Miami Page 29 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 redevelopment. So I don't know -- Commissioner, I go along with you 99 percent. Chair Spence -Jones: Except the PAC, right? Commissioner Regalado: No, except the whole global plan. But I don't know. I just want to understand if we, by doing this, could trigger a domino effect of different benefits to the community, not only the benefit of having a historic building preserve for the future of Miami, but also a partnership between the church, the Omni, the Grand, the Marriott, because, you know, they also have issues about parking on Sundays here. Chair Spence -Jones: Yeah, but we resolved some of them, right? Commissioner Regalado: But I just want to understand if at least you would listen to all the issues involved in this, and then make a decision that I will most likely would support. Thank you. Chair Spence -Jones: Thank you, Commissioner Regalado. Commissioner Sanchez, you're recognized. Commissioner Sanchez: Well, I've learned one thing sitting up here; that's a non -lawyer should not get involved in a legal debate with an attorney, all right, but I could say this. It is not the first time that God has been to the CRA for a calling, okay. Based on the list that we have, it's not the first time that we've helped a church, but I do see the point that Commissioner Sarnoff is making when it comes to where do we draw the line? That if we do help this church, then what's another church from coming and asking for money here at the CRA? You know, I think that we have an opportunity here as a win -win situation for all of us with the issues that are affecting us the most. One is none of the churches in the Omni -- and first of all, the record speaks for itself. Every church -- or just about every church that has come in front of the CRA has been awarded funds, so we have not discriminated against any church, and we should not discriminate against any church. I looked at the background information here, and all the churches that -- in the list in the Omni -- and if I'm not mistaken, Trini -- this is the only church that is listed on the National Registration [sic] of Historic Places. Am I correct? In the Omni. Mr. Villacorta: I'm sorry. I -- Commissioner Sanchez: It was registered in 1980. This is the only church in the Omni that is -- Mr. Villacorta: Yes. Commissioner Sanchez: -- registered as a historic -- listed on the National Registration [sic] of Historic Places in 1990, both as an architecture and historical significance. Am I correct? Mr. Villacorta: It is listed on the national register, yes. Commissioner Sanchez: Okay. I have stood here, all right, been on this board, where I have supported historic preservation. That church is an institution in our community. It has been there for many, many years. It has weathered out the good, the bad, and the ugly of this community, and through it all, it has provided for people, the needy people. I think we have an opportunity here today, if we could work something out, to also take care of an issue that affects the Omni, and that is the issue about the homeless feeding. If we could somehow, through the director, work with the church, whether it be that we give a grant to the Camillus House, for you in a condition where we would support you with a grant so you could meet your 40-year certification that you would give up your feeding program to Camillus House, and we would work with Camillus House and you -- the church, Camillus House, and the CRA -- to try to get the people that you feed, instead of going to your church, to go to Camillus House. I think that'll City of Miami Page 30 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 be a win -win situation for everybody there if we can work in an agreement with that. So, you know, Commissioner Sarnoff made a good legal argument, but once again, this is not the first time that we help a church in this community. This community is made and created by churches. And if -- you know what? If a temple came in front of us and had a solid, good reason for us to assist them, then we would not turn them down to help them, you know, get a recertification. I think that's a good argument. We're not giving you money to decorate the inside. We're not giving you money to put new seats. We're not giving you money to put a new sound system. We're not giving you money to put an organ. I mean, we're helping you with the structure, the foundation of your church so you could continue to be a foundation in our community. Thank you. Chair Spence -Jones: Thank you, Commissioner Sanchez. Just in closing -- and I guess we'll wait for Commissioner Regalado to get back -- I -- you know, for me, I mean, as we -- as -- yes, Commissioner Sarnoff made some good arguments regarding the issue of churches and, you know, if it wasn't for our City Attorney advising us that there is no issue with us providing support to historic churches in the area, then we would not even be having this discussion. I do want to say this about the churches that were mentioned earlier 'cause the majority of the churches were in the Overtown area, and one in particular, Greater Bethel AME, I believe, they're the ones that probably have received the most support. That is -- and Dr. Fields, along with the Black Archives, can say this -- or agree to this. It is the oldest church that we have in the heart of-- really, in Miami; right, Dr. Fields? Okay, so for us, it's extremely important, any of the historic buildings that I have left in Overtown, whether or not they be churches or whatever buildings, I think that it's extremely important for us to preserve them. I also want to state -- I do agree with the point that Commissioner Sarnoff made earlier, though, regarding the issue of coming up with some sort of guidelines -- he didn't say guidelines, but I think that's probably what we need to put in place, some sort of official grant process that includes guidelines. If it's a historic church, like what are we going to base that on; if they're providing services already to the community, like you guys have already been doing. If there's key things that they're already doing to meet the certain threshold, then maybe, you know -- then that's -- that becomes a reason for us to consider supporting. So maybe what we need to do with Jim is to direct him with coming back with some sort of official process or guidelines that's put in place for historical churches that are within the area so that if anything comes back in front of us, we have something to actually make a decision based upon some sort of criteria, so I do agree with you from that perspective. I support the church being restored just as I support this building we're standing in right now being restored. And I know, Commissioner Sarnoff, this is not a church, but this was also one of the buildings that, you know, was not necessarily in support of restoring, but I think it's extremely important -- the Omni only has a very few historic buildings that's left here in the Omni area. Everything else is basically new or coming up as new, so I think it's extremely important that we preserve the building, protect the building so that it remains there, and if it's having issues now, it's only our job to at least store [sic] the building. It is a site not only for people to worship, but I know that it also -- has become also a tourist destination where people come just to even look at the church, so I think that it's really important that we do whatever it takes to restore it or support the church in what you're trying to do. Andl have to put this on the record because Commissioner Sarnoff did submit in the record the various churches that are in the area, but I do know, at least in -- based upon the ones I see on this list, there are only three churches here that's on this list from the Overtown area that are truly historic churches, so I think that it was extremely important for me to state that 'cause I don't want us to send the message that we're in the business of saving churches. That's not what we're doing. We're in the business of preserving any historic buildings that are left in the CRA, and that's the whole point of supporting you today. So with that being said, do we have -- Commissioner Sanchez: Madam Chair. Chair Spence -Jones: -- what? Yes. City of Miami Page 31 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 Commissioner Sanchez: Could I present a motion? Chair Spence -Jones: Yes, you may, sir. Commissioner Sanchez: All right. It -- this is an item -- this is a presentation. Chair Spence -Jones: Yes. Commissioner Sanchez: The motion that I would proffer is a motion directing the executive director to meet with representatives of Trinity Episcopal Church -- Cathedral to establish a grant, or however this is going to be, but to establish also conditions, with the following condition. The money should only be used to help with the structure -- 40-year recertification. The second condition is that they work with you and agree to give up their feeding program at their church to work with you and the Camillus House to transfer that feeding program to the Camillus House, and we'll address the issue later on with Camillus House if they should come in front of us for funding 'cause I think it's important that we improve the quality of life. And those individuals are still going to get fed and they're going to get the assistance they need, but we need to understand that one of the concerns that the residents have is that the feeding program throughout the church attracts people there that should be getting the proper assistance and help at Camillus House and not your church. Chair Spence -Jones: You're recognized. Mr. McCaleb: Commissioner, let me just say, we had a very productive meeting last week with representatives from the City, from Coalition on Homelessness, and from the police force to talk exactly about other options, and we're -- how we might reevaluate our programs. We've got a number of meetings scheduled over the next several weeks to do that even more, so I think we are addressing your concern. Commissioner Sanchez: So you're okay with that condition? Mr. McCaleb: To explore other possibilities. Commissioner Sanchez: To explore the possibilities of a transition of feeding your homeless to the Camillus House. Mr. McCaleb: Right. I'm not sure Camillus House exactly is the best forum for that. And one of the things that came out of the meeting last week was discussion of what are the best options, and so if there might be some flexibility there -- Commissioner Sanchez: All right. We'll -- Mr. McCaleb: -- for us to discuss that -- continue to discuss it. We have a commitment, as the City does, to care for those on the margins, and we want to make sure that's done in the best place, and if our place isn't the best place, then I think we have an obligation to explore where that might be. Commissioner Sanchez: You want to add anything? Mr. Joseph: Madam Chair. Chair Spence -Jones: Yes. Mr. Joseph: Camillus House is just another entity. I think if you just want to look to move -- Camillus House is just another entity. The Homeless Trust or any other facility, as long as City of Miami Page 32 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 they're good stewards and not in the neighborhood, where we work so hard to clean it up. Commissioner Sanchez: The whole issue, that it'll be a condition -- I think that through this all, we want to help the church, and we need to get them to go to the proper channels of assistance. Okay, that's the condition that I'm going to put on this, and there -- in other words, if we don't come to a solution with the homeless situation around the Omni and your church, then it's going to jeopardize this grant that the CRA will be -- if approved -- but this is just telling the executive director to sit down with you, work the conditions, and bring it back for a vote, and that's the motion. Chair Spence -Jones: So I have a motion. Do I have a second? Commissioner Regalado: I have a second, but understand Camillus House doesn't deal with the feeding program citywide in downtown Miami; it's the Homeless Trust -- Chair Spence -Jones: Yeah. Commissioner Regalado: -- and the Coalition for Homeless [sic], so there's nothing to do with Camillus House, unless there is an option that you all want to move to the open feeding place in Camillus, which the City is supporting and the CRA is supporting, although that may be temporary because they are going to move eventually from there. What I'm saying is that the Homeless Trust and the homeless coalition, two blocks from here, has been able to organize these five feeding points, which are totally secure and totally humane because what this have done is they're giving them back their dignity because they sit, they wash, they have air condition, watch TV (Television) while they eat and all that. So I'm just saying that we cannot narrow this to Camillus House. It needs to be open to the Homeless Trust and the homeless forum that organize the feeding program. That's all I wanted to -- I will second the motion, but with the condition that it would be the same process that was used in downtown Miami, which I participated charged by the Commission, with the Homeless Trust, and as a result, it's been okay. Chair Spence -Jones: Okay, so we had a motion and a second, correct? Commissioner Regalado: Yes. Chair Spence -Jones: With that condition. All in favor? Commissioner Regalado: Aye. Chair Sanchez: Aye. Vice Chair Sarnoff No. Chair Spence -Jones: One opposition, one no. This item passes. 10. 05-00395 CRA PRESENTATION PRESENTATION BY BRONZEWALL DEVELOPMENT, LLC REGARDING PARK WEST GREEN BUILDING AT 1140 NORTH MIAMI AVENUE. Cover Memo.pdf Backup.pdf PRESENTED Direction by Commissioner Sanchez to the Interim Executive Director to provide a report to the board regarding the proposal by Bronzewall Development, LLC that includes a community City of Miami Page 33 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 benefits agreement, to be brought back at the Community Redevelopment Agency meeting currently scheduled for July 28, 2008. Chair Spence -Jones: Okay. We got to time out. Okay. While we have this time out going on, can we please get the presentation for the Bronzewall Development LLC (Limited Liability Company) regarding Park West green building? Are they here? Okay. [Later...] Chair Spence -Jones: Okay. I think we're ready. If we can get a little quiet in the house. My cameraman is ready. And we have a special pre -- Can we ask everybody in the house to please quiet down. Okay. Fred, I think the cameraman is calling you. Okay. Quiet in the house, please. We're getting ready to get started. We have, after this, only one more item. All right. Presentation by Bronzewall Development. You have the floor, ma'am. Patricia Baloyra: Thank you. Good evening. Patty Baloyra, Broad and Cassel, offices at 1 Biscayne Tower, on behalf of 1140 North Miami Avenue, LLC, which is the property owner and the developer. I'm joined by the managing member of 1140 North Miami Avenue, LLC, which is Christopher McCloud (phonetic), and also, project architect, a LEED (Leadership in Energy and Environmental Design) -accredited professional and the operations manager of the Spinnaker Group, which is Jason Biondi. Chair Spence -Jones: Wait one second. Can I please get --? Guys, it's too much noise in the house. If you guys want to talk, you can step out and talk, but we got to make -- pay respect to the people that are at the podium, please. Ms. Baloyra: Thank you, Commissioner. We are here as a discussion item. We're seeking funding to help us provide a showcase green building in the Southeast Overtown/Park West CRA (Community Redevelopment Agency) area. We believe it's a high profile project for a couple of reasons. First, because it's a high profile issue for the City, a green building. The City just unveiled its climate action plan. We've met with the plan's author, Glen Hadwen, who's the environmental coordinator for the Office of Sustainable Initiatives, and he believes that the project that we're proposing further some of those objectives in the sustainable initiatives plan, which includes reducing the heat island effect, increasing energy and efficiency, LEED construction, which is something that's being encouraged, if not imposed by the impending Miami 21, and it's not actually a part of the action plan, but what we're proposing is this rooftop garden; reduces storm water runoff by about 90 percent. The other reason it's high profile is because of its location. This project would be right on North Miami Avenue, right at 395, a very visible property within the CRA. We met with Robert Ruano, who is the director of the Office of Sustainable Initiatives, and he endorses the project because it's a great interest generator for the area and for that issue. We believe the building will be a landmark for the CRA and for the City of Miami. Now what the developer is proposing to do is to take the current structure and to retrofit it. We're going to remodel and retrofit the building to LEED silver certification. We guarantee you at least LEED silver. There is a LEED checklist in your packet that shows you exactly where in the sort of areas of LEED certification we will be hitting. The CRA funds that we're seeking will go to the more public area of the building, which is the rooftop, where there's a rooftop garden that's proposed, as well as a sort of cascading effect on the side of the building. Now the CRA funds, again, would go to the more public part of the building, and with this funding and with this additional aspect of the building, we think we can push the building from LEED silver up into LEED gold. Now what the CRA money would buy is specifically that intricate roof garden, which requires a retrofitting of the roof because it's heavy, as well as a special waterproof membrane on the roof and a drainage system to sustain the viability of the proposed garden. The garden would be planted with native and hearty vegetation, which would require minimal attention. There would be architectural effects on the roof so it's not just a flat lawn. We're not proposing some sort of you know, just non -exciting thing. It's -- it would be a City of Miami Page 34 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 architecturally interesting rooftop garden. There's also a proposal for solar laminate on the roof of the building, which would increase the energy efficiency of the building. The project would be a tangible, highly visible landmark for the CRA. Again, it's right there on North Miami Avenue and 395. If you drive past it, you would see right onto the roof exactly -- I mean, this is -- really, it would pop and become a landmark for the CRA and for the City. Vice Chair Sarnoff How much -- I don't mean to interrupt you, but how much -- Ms. Baloyra: Sure. Vice Chair Sarnoff -- money are you asking for? Ms. Baloyra: We're looking at -- the cost of the roof the architecture, the proof -- the waterproofing and the membrane and the cascading effect, we're looking at around $500, 000. Now the developer himself is going to be putting in a million to a million point two five to do the rest of the building to get it to LEED silver, but if you get that building to LEED silver, there's nothing on the exterior of the building that you point at from 395 and say -- it would just look like another building. The part that we're asking for the CRA to do is to -- is what you -- what I would call the public parts of the building, the parts that are visible and that would make this a landmark. Now the developer proposes within the building about 10,000 square feet of office and retail, and we have a company called Aquaculture that's lined up to be a tenant on the ground floor of the building. We also have interest from architects who are also LEED certified. So in the vein of the building, we have interests that are -- people that are interested in becoming tenants of the building, so this isn't -- this is actually a viable project with prospective tenants. We -- Vice Chair Sarnoff Let me ask you a question 'cause, you know, I'm fascinated by your building, but fascination doesn't mean I'm a good steward with CRA money. Ms. Baloyra: Sure. Vice Chair Sarnoff Let me ask you this question 'cause this is Southeast Overtown/Park West. I would suggest to you that probably their primary charge should be jobs and housing. Just describe to me how this would fulfill either of those two components. Ms. Baloyra: Sure. One is jobs. We're creating an office building in there, and we have prospective tenants in that area. Number two is, if we turn this building into what we're expecting it to turn into, we would probably triple the tax base of the building, and that can be used as, obviously, for other funding within the area. The third thing is that you have this landmark -- all of the construction that's going on in that area and that we hope to go on and push west with, you know, it -- green initiatives are not just a, you know, tree hugging kind of thing. These, in the long run, will bring down the cost of sustaining, you know, the rents in this particular building and are a beacon to the other buildings that'll come after as this is a viable way of reducing the ongoing costs of maintaining a building. Vice Chair Sarnoff Supposing was a real stickler andI really wanted to make sure that jobs were going to be created. What could you tell me to ensure that, let's say, we were to give you 80 percent, 50 percent, 60 percent, maybe the whole thing, of what you're asking for. Let's just use, for argument's sake, the $500, 000. How would Commissioner, you know, Spence -Jones, how would Commissioner Sanchez or Commissioner Regalado be sure that let's say ten, maybe even twenty jobs are created? How -- Ms. Baloyra: Well -- Vice Chair Sarnoff -- would he know that? City of Miami Page 35 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 Ms. Baloyra: -- we have bays that are projected to be offices. What you have right now is an empty building, and what we're looking for is inviting people to come into this area and set up offices and sort of kick-start that area in terms of that. I know you have entertainment; you have sort of the Greyhound station there as well. And what we're trying to do is make this a focal point in an office -type direction. I think that that -- that this is -- Vice Chair Sarnoff Would you be willing to sign an agreement -- a community benefits agreement or something along those lines? Ms. Baloyra: Yeah, absolutely. I mean, I -- the intention is not to just sort of take your money and plant a little Babylon and move on. I mean, the intention really is -- the principal of this project owns -- and I used Babylon because I was discussing the project earlier with someone else and they brought it up. But the intention of this is -- this prop -- he owns other properties within that area. He has ideas for, you know, museum -type uses, for, you know, artist loft -type uses, for maybe a cafe -type use. It's -- he's invested in this area. You're not giving your money to someone who's going to run off with it and who's not invested in the area. Vice Chair Sarnoff Thank you. Chair Spence -Jones: Commissioner Regalado or Sanchez, you have any comments? Commissioner Regalado: Well, I just wanted to say that, well, number one, I don't know if we have the funds available, but I think if we do, that's the kind of project that we should support for one reason: jobs. And for another reason: looks. There is a traffic of hundreds of thousands of persons on 1-395, and just for the looks, that would be a living billboard of a city that claims that wants to be green, and let me tell you something. If that is done, with or without the help of the CRA -- I think we should support it. I'm just -- but if that is done, now what is an empty building, I am sure that there will be several companies that will be fighting to go and work, set up shop at that place not because it's close to 1-395, but because they're going to be the talk of the town, and it's a -- what they call cooler conversation. I mean, where do you -- oh, I work in the -- that building that is all green, all like part of a -- so I think it's all about the timing. I think that if he is committed to do it and committed to sign a benefit -- a community benefit agreement and, I mean, you know, I think it's good. The only thing I just want to find out if we're able to -- I mean, after the PAC (Performing Arts Center) and the tunnel and all that, is there a dime that we can spare, Jim? I know that this is Overtown. Vice Chair Sarnoff Wrong CRA. Commissioner Regalado: I know. I was just trying to make a joke here. But I don't know if we do have the money or the commitment. I would think that maybe we could explore -- I don't know if that is coming from the Park West/Overtown CRA -- the $1.7 million loan that we don't have to pay. We could use that money to jump-start a project, and I just hope that we don't have to pay that. I -- we just heard counsel that we don't have to pay that. So if that money is set aside, I think that we should explore this kind of building because it will bring pride to Overtown. It would bring a sense of that progress is also hitting them, and I just think it's the in thing to do now in the United States. Thank you. Chair Spence -Jones: No problem. Commissioner Sanchez, you want to be recognized, or do you want to answer that question, Jim? James H. Villacorta (Interim Executive Director, Community Redevelopment Agency): We're in the process of putting together the upcoming year's budget. As you know, there's two resolutions, one promising $30 million towards housing over the next five years, and another resolution allocating the TIF (Tax Increment Fund income to 25 percent for housing, 25 percent City of Miami Page 36 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 for infrastructure, 25 percent for job creation. Commissioner Regalado: And that is why I mentioned the unexpected $1.7 million, which was never budgeted in those commitment that the City Commission made after the global agreement and in the commitment that was made two years ago on the housing issue, which, you know, is still there. So I'm just saying, if we -- that's an unexpected amount of money if we don't have to pay it since you have it. Mr. Villacorta: We've been putting it aside. I think we have to remember that the counsel's opinion was a preliminary opinion. He hasn't finished his review. Perhaps, next month, after we review our budget, we could see where we stand and whether this would be an appropriate -- Chair Spence -Jones: Use. Mr. Villacorta: -- use from job creation or from infrastructure or which category. Chair Spence -Jones: Sorry. Commissioner Sanchez, you're recognized. Commissioner Sanchez: Thank you, Madam Chair. You went to the Office of Sustainable Initiatives, correct? Ms. Baloyra: Yes. Commissioner Sanchez: And you came away without any support. I mean, these are the expert. Is there a reason why you didn't get any support from them? Did they say why? Ms. Baloyra: No. We were -- we got a blessing from them. They liked the project. Commissioner Sanchez: You got a blessing from them. Ms. Baloyra: Yes. Commissioner Sanchez: Just a blessing. Ms. Baloyra: Well, they didn't throw any money at us, no -- Commissioner Sanchez: Okay. Ms. Baloyra: -- but they said it forwards the goals of the strategic plan. Commissioner Sanchez: I want to just echo some of the statements that were made by Commissioner Sarnoff on this. I think that, one, there has to be a community benefit agreement to see how many people are going to have jobs, okay, how is this going to benefit our community. We support the green initiative in our city, but we want to make sure that it has -- it is tied down to something, whether it is jobs or housing, in order for us to be able to support, so this is a discussion item -- a presentation. I think that the proper motion would be made to the executive director to work something out with the counsel and bring it back as long as the conditions are that it has a community benefit agreement. If you're going to build that building, that could be a building where you could have an office to educate our youth as to how we should protect our environment. You know, if we're going to hand over whatever the amount of dollars is -- and I don't know how much it is -- then I think that those benefits should come as of jobs and through your office where, you know, you could have a community organization where kids could come in and you could show them how to recycle paper, you could show them how to, you know, conserve energy and water, and basically, as learn [sic] as they learn something from that, I'm okay with it, as long as those conditions are met. City of Miami Page 37 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 Chair Spence -Jones: You finished, Commissioner Sanchez? Commissioner Sanchez: I'm done. Chair Spence -Jones: Okay. Let me just add, you know, this -- the CRA for that area, the Overtown/Park West area -- and quite frankly, we have been doing a lot of work in the Overtown area. As a matter of fact, there's still a lot more work that needs to happen in the Overtown area, and staff can tell you that every opportunity I have to either build a road there or to provide housing there or to provide jobs there, that's what we're trying to focus our energies on. It's -- you know, fully in support of a green initiative happening in both areas, so that's not even a question. I just think that I would really want for Jim to give us a true assessment. He knows the number -- Miguel knows the numbers that we're faced with. Chelsea [sic] knows the numbers that we're faced with. And when it all boils down to it, if it -- ifI have to make a choice, as the district Commissioner, as to where those monies are going to go, I'm just letting you know housing is my number -one priority. And a half a million dollars, I can do a lot to rehab a lot of units in Overtown so that the people that are living there now can live in better -- in a better, clean environment. You know, I tend to, you know, lean more towards that. So I would want to see, one, the budget of the half a million dollars, how that's breaking out, what exactly you guys are -- I mean, the developers are doing on their end; you know, what are they matching as far as the overall amount is concerned. I would want to have a little bit more information before I made a decision about how I would spend a half a million dollars on greening a building. So I just would want to have that before -- so hopefully, at the next CRA meeting -- even the 1.7 that you're talking about, Commissioner Regalado, those $1.7 million I can build some parks in the heart of those areas. I can provide some true support -- I mean, there's a lot of things I can do just to upgrade areas so that people live in, at least in their immediate community, better conditions. So I would just want you to come back, Jim, and give us your full recommendation and to look at the numbers, and then from that point make a decision. Mr. Villacorta: Sure. Chair Spence -Jones: Thank you for coming, and you can, I guess, meet with Jim afterwards to set up an additional meeting. Ms. Baloyra: Okay. Chair Spence -Jones: You want to put it on -- put it on the mike. Vice Chair Sarnoff Just make sure you do your due diligence. Mr. Villacorta: Yes. Chair Spence -Jones: Okay, wonderful. 11. 08-00761 CRA DISCUSSION DISCUSSION REGARDING GRAN CENTRAL LOAN. Cover Memo.pdf Backup.pdf DISCUSSED Chair Spence -Jones: So let's deal with the discussion regarding the Gran Central loan next, and then we'll deal with the discussion regarding the conveyance of land to the Lyric, and then we'll deal with the presentations, only because they're presentations. So let's deal with the discussion regarding Gran Central loan first. Jim -- or Bill and Jim. City of Miami Page 38 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 William R. Bloom (Special Counsel, Community Redevelopment Agency): Yeah. I think the issue is whether the CRA (Community Redevelopment Agency) or the City has an obligation for the repayment of the Gran Central loan. Now I haven't reviewed all the documents 'cause I've just gotten preliminary drafts, so we're still gathering more documentation, but from what we've seen, the obligation of the CRA and the obligation of the City is limited to the tax increment funds generated from the leg, which was the security for this loan, and since the leg has never generated any tax increment funds, there is no financial obligation on the part of the CRA or the City to repay the loan. Commissioner Sanchez: Can -- Mr. Bloom: It was not backed by the full faith and credit of the CRA or the City. We did not guarantee the bond issue. We pledged as collateral the increment funds generated from the leg. Commissioner Regalado: For -- Chair Spence -Jones: You're recognized -- Commissioner Regalado: Madam Chair. Chair Spence -Jones: -- Commissioner Regalado. Commissioner Regalado: For the benefit of the people that will be watching and the people here, could you -- I know what is this about -- but could you explain what are we talking about? It's no obligation paid a loan. Is somebody asking us to pay a loan? I mean, can you explain why are we discussing this? James H. Villacorta (Executive Director, Community Redevelopment Agency): In 1986, the City took out a loan from the FEC (Florida East Coast) to realign Northwest 1st Avenue where it came past the old arena, all the way down to 5th Street, and there was a project that was to be built there, the Gran Central project, which consisted of office buildings, a hotel, a galleria, and was to be built in the space between that realigned road and the Metrorail right-of-way, and consisted of approximately eight buildings. The FEC put up part of the money and the City -- and loaned the City $1.7 million. That loan was to be paid in a lump sum approximately 20 years later, and was to be repaid with the TIF (Tax Increment Fund) that was generated by the project. To date, that leg, that block that was added to the CRA, has not generated any TIF because office buildings that were on that section became a family law courthouse; another piece of property became the federal courthouse. So every year they break out -- the County does -- the TIF generated by that area, and it has never generated anything. There's a question of was the City liable for the loan or was the CRA liable for the loan, and is it to be repaid even though no TIF has been generated, and that's what we have the law firm of Holland & Knight looking at. And just -- Chair Spence -Jones: And -- Mr. Villacorta: -- wanted to make you aware. We have put away -- the CRA has been setting aside funds over the last four years to repay that loan should it be determined that the payment was due. Chair Spence -Jones: And your reason for putting it on the -- just be very clear with the Commissioners. Your reason for wanting to have it on this agenda is because it would come -- Mr. Villacorta: Right, because -- City of Miami Page 39 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 Chair Spence -Jones: -- due in July? Mr. Villacorta: -- eventually, in July is -- could be the date that it was due, but again, there's the issue of has any TIF been generated by that project; is that what was meant by that bond issue? This was all done 21 years ago. It's been -- you know, the people around that were here then are not here at present, and you know, we're determining the obligations under the bond agreement that was issued. And in a tight budget year where we're pulling money down, setting it aside for housing projects, you may see this coming up in our budget next month that there's a $1.7 million fund that's being carried forward, and that is the reserve to pay this loan should it be determined that it's due. Commissioner Regalado: But who will determine that? Mr. Villacorta: We've asked outside counsel's bond department to take a look at that. Commissioner Regalado: But he just said that we are not obligated. Mr. Villacorta: But they haven't finished their review of all the documents. Chair Spence -Jones: And your whole issue, Jim -- I just want to be clear, and I hope you explain that to all -- Mr. Villacorta: Yeah. Chair Spence -Jones: -- is the reason -- Mr. Villacorta: It's just -- Chair Spence -Jones: -- was a time -sensitive issue -- Mr. Villacorta: Yes. It's just -- Chair Spence -Jones: -- if it does -- Mr. Villacorta: -- to give you a heads -up that this is coming and you know, I'm not coming to you in July saying, hey, this needs to be paid. Just to remind you that this is out there, that we're working on it, and -- Chair Spence -Jones: And the funds have been set aside to handle it if it does come up as an issue. Mr. Villacorta: Right. Chair Spence -Jones: Any other questions from the other --? Commissioner Regalado: I have a -- Chair Spence -Jones: Sure. Commissioner Regalado: -- question. Bill, I -- I mean, we've been burned once, so even if we were to be told we are obligated, are we authorized to do that? I mean, is it that payment back in the original or modified redevelopment plan if we follow the State Statutes? Mr. Bloom: I'm not understanding your question clearly. City of Miami Page 40 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 Commissioner Regalado: The question is: Was that project ever part of the redevelopment plan? Mr. Bloom: No. I think it was specifically added with the County's approval at that time. You know, they went through a formal process, including the issuance of bonds, but everyone's predicating that this leg would add sufficient revenues to pay back the cost incurred by the developer over the 20-year span. And what happened was because certain buildings were converted to governmental uses and other developments never occurred, there wasn't a TIF developed; didn't -- wasn't generated to enable there to be a fund to pay back the bonds. Commissioner Regalado: So why should we be obligated? Mr. Bloom: We shouldn't. That's the point, and we may have $1.7 million that's been set aside that you will now conclude is -- can be released and made available for other projects. Commissioner Regalado: Oh, that's good. Mr. Bloom: So it's good news. And this is one of those things that sort of hung around for years and people would talk about the Gran Central loan and it's got to be paid back without anyone going back and looking at the documents, and the executive director's, you know, pulled out the documents and asked us to look at them and evaluate whether there's a legal obligation to pay. And again, I haven't seen all the amendments, but from the first loan agreement that I saw, it's clear that the security for the loan wasn't the full faith and credit of the City; it wasn't the full faith and credit of the CRA. It was the TIF generated from this project. Chair Spence -Jones: Any other questions, Commissioner --? Commissioner Sarnoff, you're recognized. Vice Chair Sarnoff I think I got the answer at the very tail end, so -- and I think I got it from Commissioner Regalado's question, but -- so to understand it, it wasn't the CRA that guaranteed the payment, it wasn't the City; it was the tax increment financing that this project would have generated was the guarantee, and you're suggesting, based on the documents that you've read, that there was no TIF generation. Mr. Bloom: Correct. Vice Chair Sarnoff.- Namely, because now what is there are governmental buildings -- Mr. Bloom: Correct. Vice Chair Sarnoff -- that don't pay taxes. Now who got the $20 million? Am I lost on that? Sorry, 1.7. Mr. Bloom: Again, this -- you know, this -- Gran Central owned the land so, you know, they were making some improvements, and they were going to benefit 'cause they were going to have a major development in this area, which never took place. Vice Chair Sarnoff And who is making a demand for the repayment now? Mr. Bloom: I think the City's Financing Department is raising the issue. We haven't, you know, gotten any demands for payment from the original developer. Chair Spence -Jones: They're just trying to be proactive. That's basically -- Mr. Bloom: Right. City of Miami Page 41 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 Chair Spence -Jones: -- what he's saying. Vice Chair Sarnoff.- Okay. With that understanding that you're trying to be proactive, you knew this was coming in July, and you're coming to us July -- what is today, July -- Chair Spence -Jones: June 30. Vice Chair Sarnoff June 30, sorry. Why wouldn't you have looked at these documents 60 days ahead of this date, if we're being so proactive? Mr. Villacorta: We've been in the process of gathering the documents. This was a bond that was issued by the City. We've asked the City's Finance Department, 60 or 90 days ago; we got documents that were incomplete. We searched our files. We got other documents. We forwarded them to the City Attorneys Office. It's our opinion that this debt is not due at this time. There -- it's not just -- the project itself was never built that was supposed to generate the TIF aside from the other buildings coming off of the tax rolls. We're -- I don't anticipate that we'll have to pay any monies in July, but we wanted to bring this to your attention. We've been setting the money aside from four years. It's been contained in the budgets. I know it's been mentioned you know, maybe two years ago at a CRA meeting that this was out there and that we were setting money aside, so this is just in the manner of an update that we continue to look at this, and we will have an opinion by the next meeting of whether we need to cut the check from the fund that we're holding in reserve or whether we feel we can move forward without having to make this payment. Vice Chair Sarnoff But just so that I understand this, no developer or no person that received this $1.7 million has knocked on your door, sent you an e-mail (electronic), or sent you a letter saying, hey, we'd like repayment of this loan? Mr. Villacorta: No. No one has done that. The Finance Department has brought to our attention that this debt is out there and may be coming due. Chair Spence -Jones: Commissioner Sarnoff, any more questions? Commissioner Sanchez, any questions? All right. Thank you, Jim, and -- for bringing that to our attention. 12. 08-00762 CRA PRESENTATION PRESENTATION OF CRA HOUSING / INFRASTRUCTURE REPORT. Cover Memo.pdf CONTINUED Commissioner Sanchez: Moving right along. Chair Spence -Jones: Moving right along. We're going to go ahead and move on to the discussion items. Quickly, I know we have some presentations which may take a little longer, so some of these items I want to deal with first -- the discussion items so we could get them out of the way. First of all, Commissioner Gonzalez is not here for item 12, and he's the one that asked for the CRA (Community Redevelopment Agency) housing infrastructure report. I'd like to ask for the executive director to bring that back in July when Commissioner Gonzalez is here to address it, so we're not going to deal with 12 and 13 at these -- at this point. 13. 08-00763 CRA DISCUSSION DISCUSSION REGARDING LOCAL INITIATIVES SUPPORT CORPORATION'S (LISC) COMMUNITY SAFETY INITIATIVE. Cover memo.pdf City of Miami Page 42 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 CONTINUED Chair Spence -Jones: And while Miguel is getting hisself [sic] in order, there's just a few things that we're going to make some adjustments. If I can bring your attention to item number 13, which is a discussion item, I believe we're dealing with that at the next meeting. Based upon, I guess, LISC (Local Initiative Support Corporation) still working out the details regarding the arrangement, so I just wanted to make sure our -- you mark that off. Vice Chair Sarnoff That's continued? Chair Spence -Jones: Yes. It will be continued to the next CRA agenda meeting. Commissioner Sanchez: To the next meeting? Chair Spence -Jones: To the next meeting. Okay. All right. 14. 05-00171 CRA DISCUSSION DISCUSSION REGARDING CONVEYANCE OF LAND TO THE LYRIC THEATER. Cover Memo.pdf Backup.pdf MOTION A motion was made by Vice Chair Sarnoff, seconded by Commissioner Sanchez, and was passed unanimously, with Commissioner Gonzalez absent, to come back in 30 days with the conveyance of Tract 1 with a covenant that runs with the land to disallow building on the southernmost part of the parcel within 15 feet closest to Tract 5. A motion was made by Vice Chair Sarnoff, seconded by Commissioner Sanchez, and was passed unanimously, with Commissioner Gonzalez absent, to direct the Interim Executive Director and the Community Redevelopment Agency attorneys to immediately commence negotiations with Miami -Dade County to exclude Tract 2 from Block 36, which is presently in litigation, and procure the necessary support from Miami -Dade County to allow Tract 2 to be conveyed as soon as possible and practical to the Black Archives. Chair Spence -Jones: We're going to move to item number 14, and that's -- I'm just trying to get the discussion items out of the way 'cause I know we have presentations. So let's deal with item number 14, which is discussion regarding the conveyance of land to the Lyric Theater. I believe we have the Black Archives here. I just want them to be prepared to, you know, bring their comments and, Jim, you want to --? James H. Villacorta (Executive Director, Community Redevelopment Agency): Yeah. This -- Chair Spence -Jones: I know in the last meeting we asked for the executive director to come back with some sort of agreement where he would sit down with the Black Archives to see how we could work on this issue of the conveyance of land, so I'm assuming you've met, and what you're presenting today is what's -- Mr. Villacorta: Yes. The Black Archives has caked us to convey approximately 3,828 square feet immediately to the north of the building. The property has an appraised, for tax purposes, value of $133, 980. The -- it's immediately north of the Lyric Theater on the plaza that we helped construct or we provided funding to construct about two years ago of $100, 000. It's the brick pavers between the north face of the building and the Sawyer's Walk -- or the 9th Street Mall, excuse me. The Black Archives is proposing to build a multistory building on this parcel. City of Miami Page 43 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 Chair Spence -Jones: Jim, just real fast. I want to ask you one quick question, and I know the board members have other questions. So basically, your -- as executive director, after you sat down with the Black Archives, you're actually recommending that we move ahead on -- because that's what we were looking for in this -- Mr. Villacorta: Yes. Chair Spence -Jones: -- discussion. Mr. Villacorta: You asked for a recommendation. The CRA (Community Redevelopment Agency) has always supported the efforts of the Black Archives. I think this parcel eventually should be transferred to the Black Archives. We would prefer to see the building constructed behind the theater on the 50 feet that the Board had asked us to attempt to convey to the Black Archives back when we owned Block 36. That block is now in litigation with the County. I think the Archives feels they would rather construct on the north side of the building. I think we have people here from Planning that feel that that might not be the appropriate place to put the building; it'll block the view of the glass facade leaving -- there's a -- on page 3 of your materials, there's a site plan of the building. We have an elevation of the north face that's proposed. It's more of a blank wall, which doesn't seem to be appropriate to face onto the 9th Street Mall. We prefer that we try and work with the County and see if, in spite of the litigation, we can't convey this 50 feet behind the theater to the Black Archives, if we could both agree, and litigate over the balance of the property. In addition, we think there should be a community benefits agreement, allowing the CRA use of this property for a certain number of days a year; that any parking that's constructed be available to the public when it's not being used by the Black Archives, and that they obtain Historic Preservation and Planning Advisory Board approval for whatever they do construct. Chair Spence -Jones: So basically, just so -- in a nutshell -- I know other Commissioners have questions -- really, your, you know, recommendation is to definitely support it being conveyed to the Black Archives, but to make sure in the community -- that there is a community benefits agreement and that we work along with them hand in hand on the design of whatever's going to happen on the building. I know that there are some challenges on the visual part of it from the historic preservation, but for the most part, your recommendation is to support it with these things attached to it. Does this have to go out for an RFP (Request for Proposals)? Mr. Villacorta: Yes. Chair Spence -Jones: Okay, it does have to go out for an RFP. And that will not prevent them from doing what they need to do at the County or delay them in any way? Mr. Villacorta: The RFP has to be done whether -- Chair Spence -Jones: Yeah. Mr. Villacorta: -- it delays them or not. Chair Spence -Jones: But I mean, is the timeframe -- what is the timeframe around the RFP? Mr. Villacorta: It would have to go out for not more than 30 days and come back to the Board. Chair Spence -Jones: Okay. I know we have a lot of questions, and I see Dr. Fields here also. I don't know if you want to do a presentation or you want to let the Commissioners ask their questions first, or how do you want to do it first, Doc? You want them to -- City of Miami Page 44 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 Dorothy Jenkins Fields: Let them answer. Chair Spence -Jones: Okay. Do we have questions from my board members? Commissioner Sanchez, you're recognized Commissioner Sanchez: Dr. Fields, is there any way that we could get you to build on the spot on the east, on the back, the back wall, as it has been planned forever? I don't have a problem with giving you that piece of property, but we spent millions of dollars on the north wall expansion of the Lyric to enhance, and I certainly -- I know that the Lyric is a cultural hub for Overtown, and it is something that we could be very proud of. My only concern on this property is if we were to give it to you and you built something on that parcel, I think you would destroy the character -- the architecture of the Lyric, and especially that open plaza between it and the mall. I just think that you have an opportunity that we gave you that property to add onto your plaza where you have a pedestrian inviting into the Lyric. If you were to build a building there, I just think you're going to take away from the character of the theater. There is property behind that I've looked at that has been planned forever. Couldn't you contemplate on building there and taking that property and just making a beautiful plaza for the entrance of the theater? Ms. Jenkins Fields: You've asked a number of questions. Dorothy Jenkins Fields, Black Archives, Lyric Theater, 819 Northwest 2nd Avenue. Thank you for the opportunity to hear your questions and to clam them. You certainly know that I have and we have, as a board -- 'cause Dr. Clarence Smith is here, who is -- who was a contractor for some time, so he'll be able to fill in. But you know that, certainly, as a preservationist, I would certainly not want to take away from the character of the original building and of the welcome center that we have now. But, Commissioners, we have been waiting almost ten years. I looked at a letter that we submitted to Don Benjamin in 1999, when St. John owned Block 36; that we were still trying -- then we were trying to get 50 feet. Know that we have construction money from the County, and we have got to show that we have site control on property, otherwise, we're going to almost forfeit that money. We have been trying now since September of last year, first trying to get 50 feet from Block 36, and then once that went into litigation -- we don't know when that's going to end. We have submitted to the City of Miami conservation board plans for a four-story building behind the Lyric on the east. That was not acceptable because it is taller than the theater and the theater is on the national register, so that we're going to have to put something on the plaza. We are proposing now to put two 2-story buildings -- and I can assure you that I would not put anything there that would not be compatible. We're working with Ellen Uguccioni and the State preservation board as well to be sure that whatever's put there is compatible. And as far as the 9th Street Pedestrian Mall is concerned, understand that the function of the buildings that we are going to construct will determine what the side of the 9th Street Mall will be. We're looking to do a gallery and a gift shop. The historic -- the Black Archives itself will be to - relocated from the Caleb Center to that area, so it's going to have to have security, and we cannot have that all open. We're having a difficult time now with the paintings and a photographic exhibition that we have at the Lyric because there's too much light coming in. And we have tried very hard to get funding to coat the windows, but that's a part of the money that we have from the County that we can't get because we don't have site control. Commissioner Sanchez: All right. Ms. Jenkins Fields: So if you do this to us -- as you know now, we have operated very little this year because there just is not operating funds. We have groups coming to us and assuming that we have to give it to them free. The CRA asked for it free six times when we first opened, and we had to give it. I mean, we were happy to give it, but it meant that we had to use, the Black Archives had to use its own discretionary funds whenever we give it to an organization so that all of our discretionary funds were soaked up by giving the theater -- 'cause we have -- still have to pay lights and water, and we have to pay staff. We have to pay all the expenses when anyone uses it, so all of our discretionary funds were soaked up and had to be given away because we City of Miami Page 45 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 were told we had to give it free, and so we did it. And so now we have operated less than what, 15 times this year, and that's not the way we want to do. We've got to have the additional buildings so that we can be functional. Otherwise, you tie our hands and we will not be able to do anything and the -- or the building will just continue to sit and will deteriorate more. Chair Spence -Jones: Commissioner Sanchez, did you have -- Commissioner Sanchez: Yeah. Chair Spence -Jones: -- some more points? Commissioner Sanchez: What -- and I'm sorry. I'm having a hard time hearing you. I'm sorry. No. I mean -- I'm just -- I didn't get all of it; I got some of it. On Tract 2, where are we at with Tract 2? Mr. Villacorta: Tract 2 is part of the litigation with the County, but the County, I think, judging by their support for the Lyric, if both the City and the County said we're willing to carve out that tract and let the Black Archives have it, which was always the CRA's position -- Commissioner Sanchez: And -- Mr. Villacorta: -- that they shouldn't mind, and we can continue to dispute the ownership of the remainder -- Commissioner Sanchez: 'Cause -- Mr. Villacorta: -- of the parcel. Commissioner Sanchez: -- Doctor, you're looking for a piece of land and it's abutting the theater. Looking at it and seeing what could be done there, Tract 1, if we were to give you that piece of land, you're going to build something there. I honestly think that you're better off with Tract 2. It's a larger piece of property. It's behind the -- Ms. Jenkins Fields: But it's under litigation. And we are in permitting now -- the tract that we're asking for was promised to us many times. We talked with Frank Rollason about it; we talked with the CRA Board. And in fact, we had a running joke because whenever it rained very hard, that seemed to have been the area that was always wet, and you've been there sometimes when it rained. We were finally able to get some temporary drainage in there so you don't get that now. Commissioner Sanchez: Listen -- Ms. Jenkins Fields: We have to -- even if we get the one on the east side, Commissioner, understand we will only be able to go up two stories. Commissioner Sanchez: I understand. I just think if you put a building there, you're -- really, I think you're going to take away from the character of the Lyric Theater. That's my opinion. I was looking for a solution to try to give you the other land so you could build on it -- and I don't even mind giving you Tract 1 and 2 because Tract 1 should really be an expansion to your plaza, where it should be pedestrian friendly, where it should be a plaza so people could congregate outside before they have to walk into a play or a theater, but it was just -- Ms. Jenkins Fields: Commissioner, we need both. Commissioner Sanchez: -- an advice. City of Miami Page 46 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 Ms. Jenkins Fields: We need both because we still need the loading zone in the back. Chair Spence -Jones: Okay, and let me just add this -- I do want to make sure we're clear -- I think that, you know -- Ms. Jenkins Fields: What are we going to do? Chair Spence -Jones: -- the -- Tract 1, which is the one we're here to talk about tonight, I think that it is extremely important for the Lyric to own the piece of property in front of their building. The County had two par -- pieces of parcel there. The County gave it to you guys without a problem. You know, we have a small little slither of land, which is what we're talking about tonight. It only makes sense for you to own the property that's in front of your building. I mean, you want to have security in knowing that no one else will get this parcel of land and just plop something else there, so I understand why -- and I'm sure the Commissioner under -- Commissioners understand why it's important for you to own a piece of parcel that's literally like right in the front of your door as soon as you walk out the Lyric, so I don't think that that's really the question. I just think that what Sanchez is just mentioning is just the design of the small plaza, trying to make everything fit in that little area. I think that if we were to at least -- or at least I would call for a vote on the issue of you guys getting the land. I know we have to take to R -- for an RFP. I think that you would have the support because we do not want you not to have the land in front of your door. I think the question is, is there a better use? Is there something else we can do to accommodate your expansion? I think that's really more the question. I don't know if you want to add more onto -- Commissioner Sarnoff, do you have any questions on --? Vice Chair Sarnoff Yeah. Dr. Fields, do we have any idea what the building will look like that's going to be built on the north side? Chair Spence -Jones: We're pointing at different things. What are we looking at, Jim? Mr. Villacorta: This is the north face of the building, the proposed north face, in front of you. That's what would be looking out onto the Lyric -- onto the 9th Street Mall. Chair Spence -Jones: Can't see anything. Vice Chair Sarnoff. What am I looking at? Chair Spence -Jones: Can't see it. Vice Chair Sarnoff I mean, I -- let me just say this. There are -- Chair Spence -Jones: We can't see -- it's a glare. That's why we can't see it. Vice Chair Sarnoff Well, once you get that -- let me just say a couple of things. I mean, I'm more in favor of giving you Tract 1 and Tract 2. I think your issue is you have got to find programming dollars 'cause if you don't find programming dollars, we could give you all the land in the world; it won't matter to you one bit. So either you're going to have to find a way to make this a profitable venture so that you can at least move forward with this. If the land helps you, you know, then that's your issue and you're bringing it to us. I happen to agree with Commissioner Sanchez, though. I'd be more than prepared to give you Tract 1 with a covenant that suggests that you cannot build on 15 feet of the southernmost part of that tract so that there will at least be that separation between the Lyric Theater and your section. I'm not trying to hold up your tract. As to Tract 2, I just happen to believe -- and forgive me ifI'm trying to be a lawyer here for a second. I have trouble believing the County would not release Tract 2 if the City made that request 'cause I believe the County supports you as much or more than the City of City of Miami Page 47 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 Miami. So I don't see why they would not carve out Tract 2 from Block 36 as part of the litigation as long as both parties sign a covenant that suggests it wouldn't waive anyone's rights. But let me -- Ms. Jenkins Fields: Well, my understanding that -- Commissioner, was that the County was ready to do that and that the City Attorney or the CRA attorney would not do it, so -- Vice Chair Sarnoff Is that true, Jim? Chair Spence -Jones: Is that -- Jim? Mr. Villacorta: No. Ms. Jenkins Fields: I spoke with -- we spoke with Michael Spring on Friday and he said that they did go to the City with it, so maybe it's a miscommunication, but if the City would agree to do that, that would be fine and -- so that we would -- Vice Chair Sarnoff Well, let me -- Ms. Jenkins Fields: -- have to put less on the plaza. Vice Chair Sarnoff -- do this, and maybe it'll get a second and maybe it won't. I'll make a motion -- Can this be done as a discussion item? Chair Spence -Jones: Well, I know Commissioner -- Vice Chair Sarnoff Sorry. Chair Spence -Jones: You had a question, though, Regalado, 'cause I know you were --? I just didn't -- I want him to add on whatever he may need to add. You need to add --? Vice Chair Sarnoff He might have something more important. Commissioner Regalado: I -- look, I think that if there is a person in South Florida who wants the best for the Lyric and from the area will be Dr. Fields. She has been like forever because I think I have been here forever, and -- Ms. Jenkins Fields: We're both dinosaurs. Commissioner Regalado: -- it's all about the Lyric; it's all about the Black Archives. I just don't believe in the good faith that the County would just release part of a land in the middle of litigation, and I -- and I just think that you're right in trying to move forward because if you -- if you're able to bring your office, your archives from the Caleb Center, which, by the way, is a place -- and you're taking a risk because the Caleb Center moves more people than the Lyric does. The Lyric is just open once or twice, and I just think that if you're able to bring the Black Archives and all the facilities that you have in the Caleb Center, that would become a hub for even tourism. It's about time that the Greater Miami Conventions [sic] and Visitors Bureau will start programming things like the Lyric. The sad thing is that, how can they go in if it's closed? So I just think that we should follow your heart because it's more than your vocation and move forward with this RFP. I think that waiting for the County or for the litigation to end, you know, with all these litigations revolving around everything that is going on, it's wrong because it makes the project more difficult in the future to serve. So I just think that they will be able to do something that would look nice, that would be nice, and just build it, you know. Chair Spence -Jones: Okay. Commissioner -- any more, Commissioner Regalado? City of Miami Page 48 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 Commissioner Regalado: No. Chair Spence -Jones: Okay. Let me just add -- and I'll turn it back over to Commissioner Sarnoff 'cause I know he's about to make a motion, but, you know, my viewpoint -- it is in the heart of Overtown and, you know, we, at the CRA, and I know personally have been a big supporter of the Black Archives and all of the program that has happened with the Black Archives. And I think that it's essential to have an organization like that in the heart of a historic district, so for me, it's a no-brainer as to whether or not they should have the land. I think that any land that's, you know, abutting your property, you know, in the front of your door as you walk out the building, you should have it. So I don't even think -- and we've given land away for less than that, so I do believe that you should have it, and I think that we should all support, if nothing else, you getting the land I think the question comes up today is what are we going to do with the land when you get it, and I think that, based upon the recommendations from the CRA director, it's just -- it's a part of the overall agreement whether or not it be a community benefits agreement, whether or not it be a design, you know, preference, that we all be in agreement what kind of goes there so that it's not, you know, overcrowding the plaza or whatever the case may be. Not disagreeing with what Commissioner Sanchez has mentioned about the tract behind -- I think that the staff, the CRA staff, should still continue to work along with the County to address that issue. There should be ongoing talks to address this issue of that additional land 'cause you need it -- no matter what, you're still going to need it anyway, all right, so I think that we should continue on that road regardless. But I think that what you wanted here tonight from us is that we support you guys having the land in front of the building. And even if it's not to build right now, you just want to know that you have that land sitting out the side -- out in front of your building, and I think that, for the most part -- we do have to go through a process -- you have Commissioners that support that. My thought on all of this, though -- I know that you mentioned that you have construction dollars for the building, correct? How much is already secured for the construction dollars? Ted Bachon: Commissioner, it's Ted Bachon, project manager for the Lyric Theater. We have $10 million allocated for this project, of which we -- Commissioner Sanchez, we've already expended over half a million dollars on the design, the permitting process for the -- the expansion that was going to be on the 50 feet, money that we've lost. We cannot get that back. Chair Spence -Jones: Okay. So you have $10 million from the County that they're providing for this building -- Mr. Bachon: Correct. Chair Spence -Jones: -- is that what you're putting on the record? Mr. Bachon: Correct. Yes, ma'am. Chair Spence -Jones: Okay. Jim, do you have a ques -- a comment on that? Because I just want to make sure we don't have conflicting information 'cause I know that it was communicated -- Mr. Villacorta: Yeah. Chair Spence -Jones: -- that it was a -- Mr. Villacorta: We've seen a resolution authorizing 1.5 million for a project that totals 10 million, and an explanation of how they would get the additional funds is that they would come back to the County and make those requests, but what we've seen is a firm commitment of 1.5 million. And I spoke to the Commissioner for this district and she, at that time, was un -- it was a year ago -- she was unaware of 10 million. There was a $10 million ask -- City of Miami Page 49 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 Mr. Bachon: No. Mr. Villacorta: -- a $1.5 million allocation, and the way to make up the difference was explained as we'll be coming back and asking for more. Mr. Bachon: No. This -- Chair Spence -Jones: Okay. Mr. Bachon: Mr. Villacorta -- may I explain that? It's a $10 million contract. However, it's $1.5 million in the first allocation. It's a five part allocation. One point five million dollars was to be expended by September 30, 2007. We are in 2008. That's the 1.5 you're referring to. Once you've expended the 1.5, then we'll get another 2.5, 2.5, until we get to the $10 million cap. Chair Spence -Jones: Okay. I just wanted to address that issue 'cause I don't want things floating around. I mean, if it's $10 million you have -- if you -- Mr. Bachon: Yes. Chair Spence -Jones: -- can provide those supporting documents to the CRA -- Mr. Bachon: It's on the contract, and it's on the first page. Chair Spence -Jones: -- director so that we have that. All right. And then with that being said, I'm going to -- Commissioner Sarnoff, I know you were entertaining a motion. Vice Chair Sarnoff Dr. Fields, let me first confirm, ifI were to hold back 15 feet of the Tract 1 parcel just to your north, could you still build? All right. So let me make the following motion -- Commissioner Sanchez: You could? Vice Chair Sarnoff Yeah. Mr. Bachon: This is the line right here. That's the north line on the Lyric plaza. We are leaving a 20-foot buffer onto the Lyric plaza. Commissioner Sanchez: What's the buffer? Mr. Bachon: Twenty feet. That's required by Code. So we will not build on 20 feet south of the Lyric plaza -- the 9th Street Mall, I'm sorry. Vice Chair Sarnoff. You're just going to make it. Okay. Mr. Bachon: Ninth Street Mall, sorry. Vice Chair Sarnoff All right, so let me make the motion that we bring this back to the next CRA meeting with the intentions of transferring Tract 1, with a covenant that runs with the land that does not allow any building or structure or edifice to be within 15 feet of the southern portion of that parcel; equally, that the CRA, through its counsel, immediately contact the County, and more specifically, I think, Audrey Edmonson's office, and ask or make a demand and a request -- I guess it's more of a request -- that Tract 2 be excluded from the litigation, nobody waiving any of their rights, and that it -- that we be allowed to convey Tract 2 to the Black Archives. Hopefully, we could get this done by the next meeting. City of Miami Page 50 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 Commissioner Sanchez: Second, with those conditions. And once again, I want to make sure that what you build there is something that we could all be very proud of. And you're going to -- you have the resources. My only concern was that it wasn't too close because the theater is beautiful and it's got a beautiful entrance. From all the events that I've been there, it's got a beautiful entrance. I'd hate to see something built close to it where you have a wall that you take away the character of walking in. So with these conditions, I could support it. Chair Spence -Jones: Okay. And I just want to make sure from Jim, this motion -- even though we're making this motion, it's still subject to the RFP, right? Mr. Villacorta: Right. Commissioner Sanchez: It's a directive. Chair Spence -Jones: They still have to do all of that, right? Mr. Villacorta: We would still come back at the next meeting with whatever we found and the Board will decide. Chair Spence -Jones: So tomorrow you're going to go 'head [sic] and get it out so that we can have it ready for the end of the month -- end of July -- I mean, after it goes through all the process? Mr. Villacorta: What -- I wasn't sure that the motion was to issue an RFP. Chair Spence -Jones: So I just want to be clear. Vice Chair Sarnoff Is it an RFP? Chair Spence -Jones: Yeah. Mr. Villacorta: We would have to do an RFP for -- Chair Spence -Jones: Got to do an RFP. Mr. Villacorta: -- request for proposals from -- Chair Spence -Jones: So you have to say that. Mr. Villacorta: -- interested developers -- Vice Chair Sarnoff Okay. Mr. Villacorta: -- or -- Commissioner Sanchez: Yes. Vice Chair Sarnoff Oh, with the RFP, sorry. Commissioner Regalado: And -- William R. Bloom (Special Counsel, Community Redevelopment Agency): Incorporating those restrictions. Vice Chair Sarnoff.- With the restrictions. City of Miami Page 51 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 Commissioner Regalado: And the issue of the 30 days with excluding Tract 2, the litigation was already approved by the County Commission, right? Mr. Villacorta: We sued them, so -- Commissioner Regalado: Huh? Mr. Villacorta: We sued them and they -- Commissioner Regalado: Right. Mr. Villacorta: -- had to respond Commissioner Regalado: And they authorized the County attorney to -- Mr. Villacorta: I don't know if they did that by resolution. I think they just responded to our lawsuit. Commissioner Regalado: 'Cause, remember, if they were to modify the litigation, it has to go to the Board of County Commission -- Mr. Villacorta: Yeah. Commissioner Regalado: -- and before it does that, it has to go to a committee 'cause no item could get on the agenda directly as a pocket item especial [sic] on a litigation, so we're talking month and month here since there August. So I'm just saying, you know, that we don't want to complicate their project and their funding. Chair Spence -Jones: Okay. We -- I'm sorry, Commissioner Regalado. We had a -- I just want to be clear on the motion. Pam, do you want to -- Madam Clerk, can you just --? Mr. Villacorta: We -- Chair Spence -Jones: 'Cause we know it has to be an RFP. I just want to find out from Jim, I'm understanding that we can do an RFP less than 30 days; is that correct? Mr. Villacorta: No. We can't do it for more than 30 days. Chair Spence -Jones: So can we do it less than 30 days, like a two -- can we put it out for two weeks? Mr. Villacorta: Yes. Chair Spence -Jones: No? I just want to make sure. Commissioner Sanchez: Can't be more than 30 days, right? Chair Spence -Jones: Well, if it's 30 days, when we come back, it'll be -- I mean -- Mr. Villacorta: Right. Chair Spence -Jones: -- we're at the 30th now -- Mr. Villacorta: Right. The statute -- City of Miami Page 52 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 Chair Spence -Jones: -- so that would be after the July -- Mr. Villacorta: -- provides that we can't issue an RFP for more than 30 days. The intent -- the thinking is that we've been working with the developer trying to get them to come to an area. Then we put out an RFP -- Chair Spence -Jones: So is it your recommendation -- Mr. Villacorta: -- to show the opportunity cost -- Vice Chair Sarnoff Are we just better off having this brought back in September? Chair Spence -Jones: They need it before -- I think they -- Mr. Villacorta: Well, is that the case that it has --? When will they lose their funding 'cause we've been hearing this since last December? We don't have a copy of this contract awarding them the funds. Chair Spence -Jones: Okay. Let's -- I don't want to keep going -- we're going to go 'head [sic] -- Commissioner Sarnoff has already offered a motion. It will have to go through the 30-day process. Well just -- you be prepared to bring us -- bring it back to us at the end of July, and we'll deal with it from that point. Commissioner Regalado: But can you --? Chair Spence -Jones: You also put the conditions on that too, right? Mr. Villacorta: Right. And we're meeting with the County this week to discuss settlement of the reverter litigation. Vice Chair Sarnoff I mean, just so long as we're not waiving any rules that we have to operate under. If we need -- if we can't get this under 30 days, then bring it back in 60 days. Mr. Villacorta: Okay. Vice Chair Sarnoff I mean, I'm not sitting up here -- and I don't think anybody else is either -- to get ridiculed later that we violated some provision of either the CRA or the City. Chair Spence -Jones: But I want to be clear because sometimes we say different things, and that's why I wanted Jim to be very clear on the record. I mean, is it mandatory to do the 30 days? Mr. Villacorta: We can do less than 30 days. We will put out an RFP and bring this back to you at the next meeting. Vice Chair Sarnoff There you go. Commissioner Regalado: But then he has to mods his motion because he's asking that you -- or get from the County the commitment of excluding -- Mr. Villacorta: I think he asked us to seek a commitment from then County. It's kind of a two-part motion; one directing me to put out an RFP -- Vice Chair Sarnoff Yeah. You want me to break the motion in half? City of Miami Page 53 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 Commissioner Regalado: Yes, you should. Vice Chair Sarnoff Okay, so -- Commissioner Regalado: You should because that way -- Vice Chair Sarnoff Let me -- Commissioner Sanchez: Don't involve the County. Vice Chair Sarnoff Right. Well, I'll break the motion in half. So let me make -- let me withdraw my motion. I think that's protocol. Let me now make a motion to have the CRA director do all things necessary, proper and legal, to come back in 30 days and convey tract -- to convey Tract 1 of the CRA parcel described in our booklet, with a covenant that runs with the land to not allow building on the southernmost parcel -- or part of the parcel of 15 feet closest to Tract 5, without any building, artifice, or any kind of structure on there at all. Commissioner Sanchez: Second. Chair Spence -Jones: Motion and second. All in favor? The Commissioners (Collectively): Aye. Chair Spence -Jones: This item passes. Mr. Bachon: Thank you. Vice Chair Sarnoff All right. Chair Spence -Jones: And the second motion. Vice Chair Sarnoff The second motion -- Commissioner Sanchez: There's another motion that needs to be presented. Vice Chair Sarnoff Right. The second motion would be to direct the CRA director and its attorneys to immediately commence negotiations with the County to exclude Tract 2 from Block 36, which is presently in litigation, and procure whatever support necessary from the County to allow Tract 2 to be conveyed as soon as possible and practical to the Black Archives. Chair Spence -Jones: I have a motion. Commissioner Sanchez: Second. Chair Spence -Jones: All in favor? The Commissioners (Collectively): Aye. Chair Spence -Jones: All right. The item passes. Mr. Bachon: Thank you -- Ms. Jenkins Fields: Thank you very much. City of Miami Page 54 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 Mr. Bachon: -- Commissioners. NON -AGENDA ITEMS NA.1 08-00783 CRA DISCUSSION BRIEF DISCUSSION REGARDING ADDITION TO COMMUNITY REDEVELOPMENT AGENCY AGENDAS. DISCUSSED Direction by Commissioner Sanchez to the Interim Executive Director to include a notation for each item on the Community Redevelopment Agency (CRA) agenda stating if the item has been recommended for approval by the executive director. Chair Spence -Jones: Commissioner Sanchez, you had a comment? Commissioner Sanchez: Yeah. Madam Chair, I just want to make a recommendation to the executive director as to the agenda. Chair Spence -Jones: Sure. Commissioner Sanchez: Could we have him on the agenda, as we look at the order of the day that we fall on the items -- Chair Spence -Jones: Sure. Commissioner Sanchez: -- under each item, we should have stated there that he supports and recommends each item that is on this agenda. Chair Spence -Jones: Okay. Commissioner Sanchez: I think it's paramount because that way when it comes to us, at least we know that he has looked at it, he has given his recommendation. It just makes it easier for us, so I would suggest that from now on, when you -- when the CRA (Community Redevelopment Agency) staff prepares the agenda, that each item underneath says -- or at the end of the items, that they are approved by the executive director. Chair Spence -Jones: All right. I think that we all agree with that, and Jim, that's a directive being given to you by Commissioner Sanchez, so please, in the next agenda -- Mr. Villacorta: Sure. Chair Spence -Jones: -- make sure that that's included. Commissioner Sanchez: Approved and recommend. Chair Spence -Jones: Approved and recommended. Mr. Villacorta: Okay. NA.2 08-00784 CRA DISCUSSION BRIEF DISCUSSION REGARDING JULY COMMUNITY REDEVELOPMENT AGENCY AGENDA. City of Miami Page 55 Printed on 7/17/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes June 30, 2008 DISCUSSED Chair Spence -Jones: So I think that is it on the Commission meeting -- I mean, the CRA (Community Redevelopment Agency) meeting. Just real fast, Jim, we do have our next meeting scheduled the last week in -- James H. Villacorta (Interim Executive Director, Community Redevelopment Agency): July. Chair Spence -Jones: -- July -- Mr. Villacorta: Yes. Chair Spence -Jones: -- and we should -- I want to keep the agenda as light as possible and the focus on the budget. Mr. Villacorta: Okay. Chair Spence -Jones: All right. This meeting's officially adjourned. City of Miami Page 56 Printed on 7/17/2008