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HomeMy WebLinkAboutSEOPW OMNI CRA 2008-09-03 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com of IN O9P 9I#i1i? Meeting Minutes Wednesday, September 3, 2008 5:00 PM Parking is available on the east side of the building. ICE PALACE(AT BIG TIME PRODUCTIONS) 59 NW 14TH STREET MIAMI, FLORIDA 33136 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 September 3, 2008 Present: Commissioner Sanchez, Commissioner Regalado, Chair Spence -Jones and Vice Chair Sarnoff Absent: Commissioner Gonzalez On the 3rd day of September 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 Ice Palace (at Big Time Productions), 59 NW 14th Street, Miami, Florida. The meeting was called to order by Chair Michelle Spence -Jones at 5: 03 p.m. and was adjourned at 7:48 p. m. Note for the Record: Vice Chair Sarnoff entered the meeting at 5:04 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 FINANCIALS 1. 08-01024 CRA REPORT FINANCIAL SUMMARY THROUGH MONTH ENDING AUGUST 31, 2008. Financial Summary.pdf DISCUSSED Chair Spence -Jones: I'd like to officially call the meeting to order for the Southeast Overtown/Park West and Omni CRA (Community Redevelopment Agency) meetings. Today is September 3, Wednesday, and joining me, I have Commissioner Regalado and Commissioner Sanchez, and arriving now is Commissioner Sarnoff. I think the record should reflect that Commissioner Gonzalez is not here. Welcome back, everybody. I see Commissioner Sarnoff has a new look. Vice Chair Sarnoff Oh, yeah. (UNINTELLIGIBLE). Chair Spence -Jones: So we're going to go ahead and get started and want to try to move through the agenda. We have a lot of items. As you know, over the last two months, we have not had a CRA meeting, so we're trying to catch up with some old business. James H. Villacorta (Interim Executive Director, Community Redevelopment Agency): Do you want to do Midtown first? Chair Spence -Jones: No. I'm going to do that afterwards, Jim. So we're going to go 'head [sic] and start with the agenda, which is the CRA financial summary. Miguel. Miguel Valentin (Financial Officer, Community Redevelopment Agency): Good evening, Commissioners. On page number 1, you have the combined statement of financial position as of August 31, 2008. As cash unrestricted, we are disclosing the amount of 65,000 under Southeast Overtown/Park West; and under Omni, we're disclosing the amount of 100, 000. Also, regarding the affordable housing project, as of to date, we have budgeted 5,858,228. Out of this amount, 4,725,228 has been encumbered and 1,464,601 has been expended, leaving an available balance of 1,133, 000. There is no reportable condition. Also, I wanted to make aware the Board of the CRA and Omni that the auditors, they're about to start the audit for fiscal year 2008. And if you have any question, I'll be -- City of Miami Page 2 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Chair Spence -Jones: Thank you, Miguel. Any questions from the Commissioners? Vice Chair Sarnoff. I just want to -- Chair Spence -Jones: Sure. Vice Chair Sarnoff. Miguel, just want to make sure the $5 million, is that a combined Omni Southeast Overtown/Park West, or is that just one CRA? Mr. Valentin: No, it's Overtown CRA. Vice Chair Sarnoff. Overtown. Okay, thank you. Chair Spence -Jones: Any other questions? Okay. RESOLUTIONS 2. 08-01002 CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA") AUTHORIZING THE EXECUTIVE DIRECTOR TO EXPEND UP TO $40,000 FOR LEGAL COSTS IN THE CASE OF NORMAN BRAMAN VS. MIAMI DADE COUNTY, GEORGE M. BURGESS, THE CITY OF MIAMI, THE OMNI REDEVELOPMENT DISTRICT COMMUNITY AGENCY, THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, AND THE FLORIDA MARLINS, L.P., IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 08-03787 CA 13; FUNDS TO BE ALLOCATED FROM OMNI TAX INCREMENT FUND, ENTITLED "PROFESSIONAL SERVICES - LEGAL," ACCOUNT CODE NO. 686001.590320.6.250. Cover Memo.pdf Financial Form.pdf Back-up.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-08-0038 Chair Spence -Jones: So we're going to move on to the next item on the agenda. Jim, I'm going to turn it over to you. James H. Villacorta (Interim Executive Director, Community Redevelopment Agency): Item number 2 is a resolution of the Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency authorizing the executive director to expend up to $40, 000 for legal costs in the case of Norman Braman versus Miami -Dade County. The CRA (Community Redevelopment Agency) is paying the cost of the court reporters and transcription and expert witness in this case. The current bills that have come in are $31, 600, and this would City of Miami Page 3 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 allow a little cushion in case the case continues. Commissioner Sanchez: So move. Vice Chair Sarnoff Second. Chair Spence -Jones: I have a motion and a second. Commissioner Regalado: I have a question. Chair Spence -Jones: Question. Commissioner Regalado: On this one, Jim, is it -- we're paying for the court reporters for the depositions -- Mr. Villacorta: Correct. Commissioner Regalado: -- or -- but whose depositions? I mean, the City, the CRA, the County? Mr. Villacorta: All of those. Our copies -- the copies that are being used by the City and the CRA -- or the CRAs are being paid for -- the Law Department has requested that we pay for those. We're not paying for their representation of the CRAs. Commissioner Regalado: The representation, is it outside counsel or in-house? Mr. Villacorta: There's both. There's in-house counsel, two or three assistant city attorneys, and there's also an outside counsel that's advising. Commissioner Regalado: Okay. That's very strange, but it's okay, I guess. Mr. Villacorta: Yeah. These are videotaped depositions. Each one's four hours in length, and there's a lot of transcripts. They charge by the page and by the hour. Commissioner Regalado: But are these like County employee? Mr. Villacorta: Some of there -- them are County employees. There's also -- my deposition was taken; the Mayor's deposition -- the City Mayor's deposition were taken, but even when the County employees -- when George Burgess's deposition is taken, if we want a copy, we pay for that. Commissioner Regalado: Oh, okay. Chair Spence -Jones: Okay. Any other questions, Commissioner Regalado? All right. We -- Commissioner Sanchez: Call the question. Chair Spence -Jones: -- had a motion, we had a second. All in favor? The Commissioners (Collectively): Aye. Chair Sanchez: All right. This item passes. 3. 08-00933 CRA RESOLUTION A JOINT RESOLUTION OF THE BOARDS OF COMMISSIONERS OF THE City of Miami Page 4 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 SOUTHEAST OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCIES AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS FOR PROVISION OF MISCELLANEOUS IMPROVEMENTS IN THE RIGHT-OF-WAY. Cover Memo.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-08-0039 Chair Spence -Jones: We move on to item number 3, Jim. James H. Villacorta (Interim Executive Director, Community Redevelopment Agency): Item number 3 is a joint resolution of the Boards of Commissioners of the Southeast Overtown/Park West and Omni Redevelopment District Community Redevelopment Agencies authorizing the issuance of a request for proposals for provision of miscellaneous improvements in the right-of-way. This will allow the CRAs (Community Redevelopment Agencies) to take care of those above -standard improvements that they have installed in the rights -of -way. Commissioner Sanchez: This will come back to us for a vote? Mr. Villacorta: Yes. When the -- Commissioner Sanchez: So move. Mr. Villacorta: -- RFP (Request for Proposals) is -- Chair Spence -Jones: We have a motion. Mr. Villacorta: -- comes back. Vice Chair Sarnoff. Second. Chair Spence -Jones: All in favor? The Commissioners (Collectively): Aye. Chair Spence -Jones: All right. This item passes. 4. 08-00938 CRA RESOLUTION A JOINT RESOLUTION OF THE BOARDS OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCIES ("CRA'S") AUTHORIZING THE EXECUTIVE DIRECTOR TO EXPEND UP TO $150,000 WITH HOLLAND & KNIGHT, LLP, CRA SPECIAL COUNSEL, FOR LEGAL FEES AND COSTS TO PROVIDE SPECIALIZED LEGAL SERVICES TO THE CRAS; ALLOCATING FUNDS AS FOLLOWS: $75,000 FROM SEOPW TAX INCREMENT FUND, ENTITLED "PROFESSIONAL SERVICES - LEGAL," ACCOUNT CODE NO. 10050.920101.531010.0000.00000, AND $75,000 City of Miami Page 5 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 FROM OMNI TAX INCREMENT FUND, ENTITLED "PROFESSIONAL SERVICES - LEGAL," ACCOUNT CODE NO. 10040.920101.531010.0000.00000. Cover Memo.pdf Financial Form.pdf Legislation.pdf Motion by Commissioner Sanchez, 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-08-0040 Chair Spence -Jones: We're moving on to item number 4. James H. Villacorta (Interim Executive Director, Community Redevelopment Agency): Item number 4 is a joint resolution of the Boards of Commissioners of the Southeast Overtown/Park West and Omni Redevelopment District Community Redevelopment Agencies authorizing the expenditure of up to $150, 000 with Holland & Knight, LLP, for -- the CRA (Community Redevelopment Agency) special counsel, for legal fees and costs, providing -- involved in providing specialized legal services to the CRAs. This is mainly the real estate work that the CRAB require, the Jazz Village agreements, the agreement with Argent for the Omni Mall. There's a number of specialized real estate services that they're providing to us. Commissioner Sanchez: It's -- I have a question -- Chair Spence -Jones: You're recognized. Commissioner Sanchez: -- just a question on the item. The money is coming out of just one CRA, or is it coming out of --? Mr. Villacorta: No. It's authorization for 75 out of each CRA, so that -- as each CRA needs the real estate work, they can draw it down. Commissioner Sanchez: All right. So that boils down to what, maybe $6,000 a month in legal fees? Mr. Villacorta: From each CRA -- yeah, if -- you know, if it lasts a year. It depends on, you know, how involved each CRA -- Overtown is -- got a number of projects coming up where, you know, we are drafting development agreements that are quite lengthy. You may recall Crosswinds was a lengthy agreement. Commissioner Sanchez: All right. So move. Chair Spence -Jones: We have a motion. We have a second. Commissioner Regalado: Second. Commissioner Sarnoff I'll sec -- Chair Spence -Jones: I mean, we have a motion, need a second. Commissioner Regalado: Second. City of Miami Page 6 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Chair Spence -Jones: All right. All in favor? The Commissioners (Collectively): Aye. Chair Spence -Jones: This item passes. 5. 08-00935 CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENT(S), APPROVING AND ADOPTING THE CRA'S PROPOSED GENERAL OPERATING BUDGET AND TAX INCREMENT FUND BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009; DIRECTING THE EXECUTIVE DIRECTOR TO TRANSMIT A COPY OF EACH BUDGET TO THE CITY OF MIAMI AND MIAMI-DADE COUNTY. Cover Memo.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-08-0041 Chair Spence -Jones: Going to move on to item number 5. Jim. James H. Villacorta (Interim Executive Director, Community Redevelopment Agency): Item number 5 is a resolution of the Board of Commissioners of the Southeast/Overtown Park West Community Redevelopment Agency approving and adopting the CRA's (Community Redevelopment Agency's) proposed general operating budget and tax increment fitnd budget for fiscal year commencing October 1, 2008 and ending September 30, 2009; and directing the executive director to transmit a copy of each budget to the City of Miami and Miami -Dade County. Chair Spence -Jones: All right. Any questions on the budget? Vice Chair Sarnoff. Jim, this shows -- and I'm sorry, Madam -- Chair Spence -Jones: You're -- Vice Chair Sarnoff. -- Chair. Chair Spence -Jones: -- recognized. Vice Chair Sarnoff. -- an approximate 21 percent increase in revenues? Mr. Villacorta: Yes. The CRA has -- experienced a 21 percent increase in the assessed values over the last year. Vice Chair Sarnoff. So move. City of Miami Page 7 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Chair Spence -Jones: All right. I got a motion. Commissioner Sanchez: Discussion. I'll second it. Chair Spence -Jones: Okay. Commissioner Sanchez: Discussion. Chair Spence -Jones: Second for discussion. Commissioner Sanchez: Jim, let me just say that you put together a very user-friendly budget. It's very simple to look at and really broken down as to the process of how we're using the money, so let me just take the opportunity to congratulate you and your staff for -- this is by far one of the most user-friendly budgets that I've seen where I don't have to go from one exhibit to the other to be able to put the numbers together. So having seen the breakdown of how the money's going to be used, I just want to take the opportunity to once again congratulate you and your staff on this budget. Mr. Villacorta: Thank you. Staff has worked very hard and I'm lucky to have them. Chair Spence -Jones: You're recognized, Commissioner Regalado. Commissioner Regalado: Yeah. On this one -- I also was able to understand it. But anyway, you know that there's going to be a flood of appeals until September 15. The people are going to appeal the assessed value, especially the commercial, and as of yesterday, there were thousands of appeal, and then after September, they go to the Value Acjustment Board. So what do you think that would impact this budget if some or most of these appeals would be successful? Mr. Villacorta: Well, typically we prepare the budgets in June before the County has -- Commissioner Regalado: Right. Mr. Villacorta: -- a final number, so we use the previous year's number. This year, since we were later in the process, the County has given us what they feel is the firm number that we will be paid January 1. In the event that there were appeals and those numbers were adjusted the CRAB are very conservative in their budgeting, and we don't -- once we pass a resolution authorizing a project, we lock that money down; we have the money in hand and we lock it down. So while we have some float in projects that haven't been appropriated yet in the upcoming budget, that's where we would address any shortfall in the event that we don't receive what the County has determined and the City that we will receive January 1. We would have to come back and do an amended budget, and some of those projects that we have in line to appropriate money to would have to be reevaluated. Commissioner Regalado: And we do have the Children [sic] Trust to think about. They were approved. Mr. Villacorta: Yes. Commissioner Regalado: So it will be more than a million and a half. Mr. Villacorta: The Children's Trust, we have an agreement with them where we receive the TIF (Tax Increment Fund) that their millage generates, and in the event we don't use it to pay off the bonds in the -- for instance, in the Overtown CRA, if we don't need that money to satisfy those bondholders' interest, we pay the -- that millage over to the Trust and they spend it within the Overtown and Omni CRAB. City of Miami Page 8 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Commissioner Regalado: Well, but we did that, and I was going to ask you whether -- Chair Spence -Jones: They do what they were supposed to do. Commissioner Regalado: Yes. Chair Spence -Jones: No. Commissioner Regalado: Oh, okay. I'm just -- Chair Spence -Jones: Absolutely not. I was going to respond to it after you finished, but -- Commissioner Regalado: That was my whole -- Chair Spence -Jones: Yeah. Commissioner Regalado: -- purpose of the question because -- Chair Spence -Jones: Even -- I know -- Commissioner Regalado: -- last year we voted for if they spend it -- Mr. Villacorta: Yes. Commissioner Regalado: -- on the Overtown area. Chair Spence -Jones: Well, they spend it on the Overtown areas 'cause they're funding the same programs over and over again. And the idea is to really out -- do some sort of outreach or at least work along with staff to ident programs -- additional programs that don't normally get support in the CRA area. So I know that Jim has tried to reach out to them several times and they -- we were promised that they were going to sit down with us to at least work on some sort of joint proposal at least to make sure some of our ideas and thoughts were included in that. Unless that happened outside of a conversation that Jim and I had -- Have they ever come to sit down to meet to discuss with you on that? Mr. Villacorta: We had a meeting set up at one point and then, due to scheduling changes, it didn't happen. I think they did allocate monies to programs that they traditionally have funded in the Overtown CRA. Chair Spence -Jones: All right. Most of the funding in -- Commissioner Regalado: Yeah, but Madam Chairman [sic] - Chair Spence -Jones: Sure. Commissioner Regalado: -- it's -- now is forever so you can plan for the next 20 years, you know. Chair Spence -Jones: So I'm going to request once again -- and again, we're going to put this again on the record, Jim. We need to set up a meeting with the folks from Children's Trust -- and not to say we don't want their support or want support to happen for the Overtown Youth Center -- 'cause that's mostly where all the support goes -- but there are a lot of organizations, smaller organizations that are doing great things, you know, that clearly don't get supported. So if you can, once again, reach out to them from a staff perspective to see what we can do to work on a City of Miami Page 9 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 specialized grant for those programs in the area. Mr. Villacorta: Yes, Commissioner. And I think they're willing to work with us. Chair Spence -Jones: They just haven't. Anything else, Commissioner Regalado? Commissioner Regalado: No. Chair Spence -Jones: Commissioner Sarnoff, do you have any questions? Commissioner Sarnoff No. Chair Spence -Jones: Okay. Only thing I do want -- just like all the other Commissioners have stated, I do want to commend the staff, Chelsa, Miguel -- I think we all -- Jim, Clarence, all of us worked on this -- Jessica might have been either -- also -- we all worked on this budget for at least about a month and a half on, I believe, Saturdays to make sure that -- at the time, Commissioner Sanchez wanted to make sure all this stuff was broken down -- remember, Commissioner Sanchez? You wanted like a certain amount going to housing, certain going to small businesses, and that was accomplished by, you know, your leadership, so I really appreciate your direction and we were able to really make that happen in the budget. So I want to commend the staff -- Mr. Villacorta: Yes. Chair Spence -Jones: -- and you on your leadership. You're recognized. Commissioner Sanchez: Thank you, Madam Chair. The whole purpose of the budget is to project the expenditures for the upcoming year. And I just -- I was very glad to see that we did breakdown here on the 25 percent for the allocation of affordable housing, which is very important to our mission here; also workforce housing. But above all, it's also focusing on putting money into the infrastructure, which is something that that is our mission here, to improve the infrastructure because once we improve the infrastructure, of course, I think everything else will fall in place. But above all, it's about the job creation. I don't need to get into a lengthy discussion of where we're at with unemployment situation and really what's happening out there in the private sector. Bottom line is, a lot of people are losing their jobs, and we're in a big crisis right now. Unemployment has gone up to about 6.7 and continues to rise. So I'm glad to see that we did look at this in the budget. We looked at a ten percent also going towards the parks and open spaces, which is very important in our mission here. So having seen that for the projected year the spending for the projects that are important, such as the Jazz Village is also important, the street repairs, and above all, $100,000 to the Hospitality Institution [sic], which today there's another item that's coming in front of us which I just wish that would have the same success as the Hospitality Institute. So those are money [sic] that are well spent, and I don't think anybody could question the expenditure of those funds because they're there. They show that they're producing or creating jobs and doing what it's supposed to. So overall, I'm just very excited about the budget. I mean, once again, Commissioner Sarnoff stated 21 percent -- it grew 21 percent. That went from a $5.7 million to $7 million this year, so that is a significant increase, and it's something that, you know, doesn't happen overnight. It doesn't happen by itself. It's just that you have to believe in the City. You have to believe in the area, and you have to move forward in development, of course, smart development for our city. Chair Spence -Jones: All right. We -- did we have a motion and second on this item? Pamela E. Burns (Assistant Clerk of the Board): Yes, we do. Mr. Villacorta: Yes. City of Miami Page 10 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Chair Spence -Jones: Okay. We had a motion and second. All in favor? The Commissioners (Collectively): Aye. Chair Spence -Jones: All right. This item passes. 6. 08-00936 CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENT(S), APPROVING AND ADOPTING THE CRA'S PROPOSED GENERAL OPERATING BUDGET AND TAX INCREMENT FUND BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009; DIRECTING THE EXECUTIVE DIRECTOR TO TRANSMIT A COPY OF EACH BUDGET TO THE CITY OF MIAMI AND MIAMI-DADE COUNTY. Cover Memo.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-08-0042 Chair Spence -Jones: We're moving on to item number 6. James H. Villacorta (Interim Executive Director, Community Redevelopment Agency): Item number 6 is a resolution of the Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency approving and adopting the CRA's (Community Redevelopment Agency's) proposed general operating budget and tax increment fitnd budget for fiscal year commencing October 1, 2008 and ending September 30, 2009; directing the executive director to transmit a copy of each budget to the City of Miami and Miami -Dade County. Vice Chair Sarnoff. So move. Chair Spence -Jones: Had a motion. Commissioner Regalado: Second. Commissioner Sanchez: Second. Chair Spence -Jones: Had a second. All in favor? The Commissioners (Collectively): Aye. Commissioner Sanchez: All right. Could I just put some --? Chair Spence -Jones: Discussion. Sure. Yes, you -- Commissioner Sanchez: No, no. No discussion. I'm supporting, but I think we need to -- you know, I don't want to steal your thunder, Executive Director, butt think these things need to put City of Miami Page 11 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 on the record. In this budget, we're spending -- eight dollars out of every ten dollars in this budget is being spent on infrastructure improvements. All right. I think that's something to toot your horn about, all right? Also, this -- the Omni TIF (Tax Increment Fund) grew by 20 percent, from 12 million last year to 14.6 million this year. So, you know, I just think it's important for you and us that are here, you know -- the CRA has had its dark chapters in the past, and you know, they've written plenty about it. I just would like to have the press also focus on what has been accomplished here at the CRA by the resources and the leadership of the Chair and the Commissioners that are here. I mean, just -- eight dollars out of ten dollars going into infrastructure alone really focus that we're focusing on what's important for our city, and that's the infrastructure of the Omni TIF. I just wanted to put that on the record. Chair Spence -Jones: All right. So we had a motion and a second on that item. All in favor? The Commissioners (Collectively): Aye. Chair Spence -Jones: All right. That item passes. 7. 08-00937 CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENT(S), AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE CURTIS GROUP, IN AN AMOUNT NOT TO EXCEED $743,500, FOR IMPLEMENTATION OF INCREMENT III OF THE CRA'S MASTER DEVELOPMENT ORDER AS A DEVELOPMENT OF REGIONAL IMPACT WITHIN THE EXISITING BOUNDARIES OF THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT AREA; PROVIDING AN OPTION TO INCLUDE THE EXPANDED CRA BOUNDARIES AND/OR THE MIAMI WORLD CENTER PROJECT AT AN ADDITIONAL COST CONTINGENT UPON BOARD APPROVAL; FUNDS TO BE ALLOCATED FROM SEOPW TAX INCREMENT FUND, ENTITLED "PROFESSIONAL SERVICES - OTHER," ACCOUNT CODE NO. 10050.920101.5310000.0000.00000. Cover Memo.pdf Financial Form.pdf Legislation.pdf Motion by Commissioner Sanchez, 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-08-0043 Chair Spence -Jones: We're on to item number 7. James H. Villacorta (Interim Executive Director, Community Redevelopment Agency): Item number 7 is a resolution of the Board of Commissioners of the Southeast Overtown/Park West Community Redevelopment Agency authorizing execution of a professional services agreement with the Curtis Group, in an amount not to exceed $743,500, for implementation ofIncrement III of the CRA's (Community Redevelopment Agency's) master development order as a development of regional impact within the existing boundaries of the Southeast Overtown/Park West City of Miami Page 12 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 redevelopment area; providing an option to include the expanded CRA boundaries and/or the Miami World Center project at an additional cost contingent upon further board approval. This allows us to implement Increment III of the development of regional impact requirements and allows developers when they come in to build a building, to build a project, they know that they have the development credits available; we've demonstrated that the roads can handle their project, that the schools are there, that the water lines -- the sewers are up -to -speed to allow that project to proceed. This saves time in developing the properties, and we recover these fees from the developers as they pay an impact fee to get their project permitted. These funds here will be recovered from a fund that the City has been maintaining with those impact fees. Chair Spence -Jones: Are there any questions on this item? Vice Chair Sarnoff Those impact fees will come back to the CRA? Mr. Villacorta: Yes. There are only three allowable uses for them; to recoup the cost of performing the studies, to improve transportation, and to facilitate the upgrading of services. Chair Spence -Jones: Commissioner Regalado, you're recognized. Commissioner Regalado: How we can improve transportation within the CRAs? Mr. Villacorta: Well, we have the streetcar project and the (UNINTELLIGIBLE) -- as part of this plan -- Chair Spence -Jones: Can I --? There's a lot of noise in the audience. I'm going to really ask for you guys to keep it down because it becomes extremely difficult for us to hear with folks talking in the audience. I'm just asking that you guys at least take it down a notch. Thank you. Mr. Villacorta: As part of this contract, the engineers will study the area and recommend improvements to demonstrate that the area can handle the increased development that the housing projects, the commercial and retail space. So they will make recommendations, whether that's converting some roadways to two -traffic that are one-way. It'll really be recommended and demonstrated in this as a result of this contract what should be done to achieve the development rights. Commissioner Regalado: No. And the reason I ask is because, as you know, yesterday and tomorrow, the County Commission will vote on different issues regarding transportation, Metro Transit Authority. As you know, they have raised the fares. They would also -- may eliminate four million miles of trips, and there is also a plan to stop all the routes near the entrance of downtown so people would get then on the Metromover and move around. So my question is, we do not get, in the CRAs, a lot of Metromover stations. We have like one here and one on -- by the Omni. So we need to start thinking of a small circulator that would go around Overtown and the Entertainment District, and you know, the Omni area because the County has shown that they cannot provide the transportation infrastructure that they promised. So if that is the case that we can use that money for transportation improvement, I think that we should start thinking about it because, you know, we're not going to have more routes. We're going to have less and less volume of people will be able -- and these are working people, the people around here, so they can at least get on a circulator and get on the Metromover and get on the -- it's like the same concept that Coral Gables is using and it's -- Mr. Villacorta: Yes. Commissioner Regalado: -- working -- actually, it's free, and it's working perfectly because people use that to get to the Metrorail, so -- City of Miami Page 13 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Chair Spence -Jones: And -- Commissioner Regalado: -- Madam -- Chair Spence -Jones: I just want to add on to you 'cause I do know, Commissioner Regalado, that the staff has been in talks off and on with Miami -Dade Transit for these circulators. And at one time, Overtown did have some circulators put in place, but there was an issue that needed to be addressed regarding the routing portion of it, so we've asked kind of for that to be put on hold until we finish all the development stuff that was happening on -- I know at least on 3rd Avenue, so that we can get past all of that, but I know that we are going to be revisiting it in Overtown. That's not to say that it isn't -- we don't need circulators in other parts of the CRA, but I do know that for a fact that -- Commissioner Regalado: Yeah. Chair Spence -Jones: -- Jim and Clarence have been meeting for the last year. And also I see -- and I see Loren shaking his head from the Overtown NET (Neighborhood Enhancement Team). That's something that we definitely -- Commissioner Regalado: Yeah. Chair Spence -Jones: -- want to have happen. Commissioner Regalado: Well, Madam Chair, I am too old because I do remember the jitneys that used to bring people in and out Overtown and downtown. They were very, very good and provided tremendous service until the monopoly of the County came in and took them off the street. But I'm just saying you cannot expect from Metro Transit more service because they're cutting the service countywide -- Mr. Villacorta: Yes. Commissioner Regalado: -- and they will do it tomorrow too. Chair Spence -Jones: Any additional questions on item number 7? Commissioner Sanchez: Question. Chair Spence -Jones: Yes, Commissioner. Commissioner Sanchez: The total is 743, correct? Mr. Villacorta: Yes, for the existing Overtown -- Commissioner Sanchez: For the existing. Mr. Villacorta: -- Park West boundaries, yes. Commissioner Sanchez: So that's the only item that's in front of us, the existing? Mr. Villacorta: Yes. That's all that's in front of you. Commissioner Sanchez: Now, the DRI (Development of Regional Impact) -- the developers purchase the DRI credits, so we get the money back? Mr. Villacorta: They pay impact fees and -- City of Miami Page 14 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Commissioner Sanchez: Exactly. Mr. Villacorta: -- we recover -- Commissioner Sanchez: In other words, so all this does is expedites the process -- Mr. Villacorta: Yes. Commissioner Sanchez: -- so when someone comes to develop in the area, everything's done for 'em [sic] based on the studies, based on traffic, housing, transit, environmental, all those studies are already there. Mr. Villacorta: Correct. Commissioner Sanchez: So this money is going towards the transportation study that'll also be focused on the streetcar, correct? Mr. Villacorta: I'm sure it'll take into account the possibility of the streetcar being implemented in the area. Commissioner Sanchez: Okay. Because I think one of the things that we agree on is improving the transportation not only here, but over in the DDA (Downtown Development Authority), downtown area -- Mr. Villacorta: Yes. Commissioner Sanchez: -- and all this area. Let me tell you something. Connectability-wise, when you get off of a bus and the People Mover, you have areas that are very close to each other and there's no connectability [sic]. There's no way -- unless you get in a cab -- and let me tell you from experience. Cab drivers, if you're going to get in a cab to go a couple of blocks, guess what? They're too busy 'cause they're waiting for that big fare to go to South Beach or to go to the airport or Aventura or anywhere else they want to go. So at points, you have hotel and businesses that individuals, one, end up walking because they can't take a cab because cabs just won't pick 'em [sic] up for a few blocks. So those are the things that we need to focus on on the transportation element of this area is how do we have better connectability [sic] outside of the Metrorail and the People Mover and bus system in our city. Having said that, I think we're ready to vote. Chair Spence -Jones: Commissioner Sarnoff, do you have a comment on this? Commissioner Sarnoff No, no. I agree with everything that's said. There's got to be a way of connecting -- you know, the way you do a city is you -- especially our city -- create essentially parking garages encircled around the city and you don't allow the cars to actually come into the central core, and that's where you have your mass transit or your transit connectors. I don't think we've gotten the parking down just yet, but that's the way we should look at it. Any great city is going to be built that way, especially a city like us that's never going to have adequate north -south or east -west flow from train systems to get us here. Chair Spence -Jones: All right. So we -- did we have a motion and a second on this? Commissioner Sanchez: Yes. Pamela E. Burns (Assistant Clerk of the Board): No, we did not. City of Miami Page 15 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Chair Spence -Jones: Okay. I need a motion. Ms. Burns: No, we did -- Commissioner Sanchez: So moved. Ms. Burns: -- we need a motion. Chair Spence -Jones: I need -- Commissioner Sanchez: So moved. Chair Spence -Jones: -- a second. Commissioner Regalado: Second. Chair Spence -Jones: All in favor? The Commissioners (Collectively): Aye. Chair Spence -Jones: All right. This item passes. 8. 08-01022 CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ACCEPTING THE RECOMMENDATION OF THE COMMITTEE FORMED TO REVIEW THE RESPONSES TO THE PROPOSALS RECEIVED FOR THE DEVELOPMENT OF CRA-OWNED PARKING LOT P-2 AT 229-247 N.W. 12TH STREET; DIRECTING THE EXECUTIVE DIRECTOR TO ATTEMPT TO NEGOTIATE A DEVELOPMENT AGREEMENT; FURTHER DIRECTING THE EXECUTIVE DIRECTOR TO PRESENT ANY PROPOSED AGREEMENT TO THE BOARD FOR ITS CONSIDERATION AND, IF SATISFACTORY, APPROVAL AND AWARD; CLARIFYING THAT THIS RESOLUTION IS NOT INTENDED TO BE AN AWARD OF DEVELOPMENT RIGHTS OR TO OTHERWISE CREATE ANY RIGHTS WHATSOEVER IN THE RECOMMENDED PROPOSER. Cover Memo.pdf Back-up.pdf Legislation.pdf Motion by Commissioner Sanchez, 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-08-0044 Chair Spence -Jones: We're moving on to item number 8. Jim. James H. Villacorta (Interim Executive Director, Community Redevelopment Agency): Yes. Item number 8 is a resolution of the Board of Commissioners of the Southeast Overtown/Park West Community Redevelopment Agency accepting the recommendation of the committee and the executive director who have reviewed the responses to the request for proposals received for the City of Miami Page 16 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 development of CRA (Community Redevelopment Agency) -owned parking lot P-2 at 229 to 247 Northwest 12th Street; and directing the executive director to attempt to negotiate a development agreement; further directing the executive director to present any proposed agreement to the Board for its consideration and, if satisfactory, approval; and clarifying that this resolution is not intended to be an award of development rights or to otherwise create any rights whatsoever in the proposer. This would allow us to negotiate with the selected proposer for the development ofP-2, and that agreement will be brought back to the Board for the Board's approval. Chair Spence -Jones: Any comments on this item? Commissioner Sanchez: I just have -- Chair Spence -Jones: You're recognized, Commissioner -- Commissioner Sanchez: -- questions for point of clarification. Chair Spence -Jones: Sure. Commissioner Sanchez: One, this resolution authorizes you to negotiate with the number one and only bidder, correct? Mr. Villacorta: Right. Well, there were two proposals; one was received late and was disqualified. This proposal was reviewed by staff. It's -- proposes 40 apartment units, one-, two-, and three -bedroom units. They are rent restricted to, I believe, 80 percent ofAMI (Average Median Income). There'll also be parking and commercial retail. Commissioner Sanchez: All right. Mr. Villacorta: And -- Commissioner Sanchez: That's okay. That's -- the developer also wants the land. We have to give them the land, correct? Mr. Villacorta: They are seeking the land and a -- an upfront contribution and some portion of the -- Commissioner Sanchez: All right. Mr. Villacorta: -- TIF (Tax Increment Fund) and that will be negotiated. Commissioner Sanchez: They also want the TIF generated from the building, correct? Mr. Villacorta: For a period of years, which is up for negotiation. Commissioner Sanchez: And it also wants $1.2 million in subsidy? Mr. Villacorta: Yes. Commissioner Sanchez: Okay. Chair Spence -Jones: Any other questions on this item? Vice Chair Sarnoff This comes back to us, right, Jim? Mr. Villacorta: It comes back, yes. And that's not saying we're agreeing to give them all -- City of Miami Page 17 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 that's what they've asked for. We're -- that's what we'll negotiate. Commissioner Sanchez: Well, let me tell you. I'm going to vote to allow you to negotiate with them. I'm just uncomfortable with the subsidy. All right. If get a better understanding of assurances, then I could probably accept it. Mr. Villacorta: Sure. Commissioner Sanchez: But as it is right now, from the four questions that I asked you, there's one that I have a big concern with. I'm sure through this negotiation and everyone acting in good faith and accomplishing what we want to accomplish, maybe when it's all said and done, I could support it. Vice Chair Sarnoff Jim, let me -- Chair Spence -Jones: I just -- Vice Chair Sarnoff Sorry, Madam -- Chair Spence -Jones: Okay. Vice Chair Sarnoff Let me just give you a heads -up too. They fourth thing they could have asked for was all the money. They've asked for three of the four things. They've asked for the land they've asked for the TIF generated, plus $1.2 million. Almost anybody in this -- under this roof could do that. So I'll give you a heads -up. District 2 is not very much in favor of what we see here. Mr. Villacorta: In return, they will rent restrict -- restrict the rents to 80 percent ofAMI. They are -- they're licensed contractors who would be bonded as to construction and performance. Commissioner Sanchez: That's a given. Mr. Villacorta: Yeah. Commissioner Sanchez: I mean, that's -- Vice Chair Sarnok Jim, you're -- Commissioner Sanchez: All right. Mr. Villacorta: Yes. Vice Chair Sarnoff -- if you give somebody enough money, they could afford to charge no rent. Mr. Villacorta: Correct. Vice Chair Sarnoff So -- I mean, just pick your number. I'm just giving you a heads -up, Jim. You're not going to get District 2's support unless those numbers are severely reduced. You're not going to get three out of four legs. Mr. Villacorta: Well, that's what we hope to negotiate with them is a reasonable -- Commissioner Sanchez: All right. Mr. Villacorta: -- return. City of Miami Page 18 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Commissioner Sanchez: So moved. Chair Spence -Jones: Okay. I just want to -- I have a motion. Do I have a second on the item? Commissioner Regalado: Second. Chair Spence -Jones: Okay. All in favor? The Commissioners (Collectively): Aye. Chair Spence -Jones: Okay. This item passes. I just want to make a comment. The developers are here regarding this particular project. This is a project that is actually in Overtown, in my district. It's a parking lot that is a City -owned parking lot that both -- I know -- I see my NET (Neighborhood Enhancement Team) director sitting in the back in the corner -- is very seldom used at this point, and if you go by there right now, probably in the next 15, 20 minutes, you know, there's a whole parade of addicts and everything else that's going on in this particular lot. In front of this building -- in front of this lot, you'll also see a building that we're going to talk about later on that has the same similar problems; that it's been kind of a problem in the Overtown area period, so hopefully we're going to be able to address it by putting some real housing on that lot. Now one of the things that I thought that was -- and I want to just make sure Jim clears it up -- that he felt and the staff felt pretty comfortable with the fact that these particular developers would be able to come out of the ground pretty soon and would not have to require a lot of monies or outside subsidies from other groups. Most of the stuff that they -- most of the funding they were providing themselves outside of what they were asking from us. And I feel the same way that the two Commissioners have spoken about earlier regarding making sure that in the midst of all this negotiation, that there is some sort of balance on what we're giving and we're not giving the whole kitchen away. But I do understand -- I know how understand - -how important it is, at least in the heart of Overtown, for us to have more housing and especially more rental housing happening. So I just want to be very clear one of the reasons why you were really in support of this particular project is their ability to come out of the ground rather quickly, correct? Mr. Villacorta: Yes. Chair Spence -Jones: And I think even the model of the building was -- you should expound on why you felt that this was something that you would be comfortable with moving ahead with. Mr. Villacorta: They -- this developer was not going to go seek tax credits and have to go through two years of that funding cycle. They have private financing, you know, through banks. They have experienced building a variation of this building. They presented themselves very well to us, and we've checked them out. We wanted to negotiate with them and get the CRA and the City the best deal that we can and then present it to the Board for their consideration. Chair Spence -Jones: And I think I was comfortable with it knowing that it was going to come back in front of us, the CRA -- Mr. Villacorta: Yes. Chair Spence -Jones: -- Board, anyway to approve or deny or whatever the case may be. Mr. Villacorta: Yes. Chair Spence -Jones: We just need to get these lots moving in the heart of Overtown. And I don't know if you guys have come -- any one of you have ridden -- come down 3rd Avenue lately just to City of Miami Page 19 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 see the difference of what's happening in the area, and it's a major transformation that's happening. Applause. Chair Spence -Jones: But part of that is making sure that you have bodies, you know, living there. And we can make the roads nice, we can make the parks nice, and we can do all of that, but if you don't have people living there, it's not going to make a difference. And -- so that was the reason why I was in support of the project. I just wanted to make sure that it went through all the necessary processes so that that would not even be a question. But we -- did we have a motion and a second on this item? Vice Chair Sarnoff.- It passed. Chair Spence -Jones: Okay. So we had a motion and a second -- oh yeah, and we passed it already. But I do want to afford at least the developer the opportunity to at least put something on the record. You have heard the concerns of some of the Commissioners regarding it. Ario, we know who you are. We've seen all of the wonderful things that you're already doing in my district in Liberty City with affordable housing so that -- we know that you're really committed and you utilize many local contractors to make sure that they're working. So I don't think it's a question about any one of us supporting your level of commitment and the great work that you do, so I wanted to at least officially put that on the record. But I do think it's important to address -- the developers to at least address some of the concerns that the Commissioners have. Axel Rizo: That's not a problem. And just to add on that -- Chair Spence -Jones: State your name and address for the -- Mr. Rizo: Axel Rizo, Devcon Urban Partners. And just to add, it's a 40-unit mixed -use building, which is also going to create jobs and stimulate the local economy. We're intending to build a green building. We have obtained all the certifications from LEED (Leadership in Energy and Environmental Design) to move forward with this type of endeavor, and we're here with the rendering just to -- if there's any other questions we may answer here. Chair Spence -Jones: Okay. Any questions that you guys have on this? Commissioner Regalado: I just want to say that -- Chair Spence -Jones: Commissioner Regalado, you're recognized. Commissioner Regalado: -- I remember when Axel was at the City of Miami and he worked in Community Development, and I think he understands the need and the rush of doing housing in certain areas of the City because, like the Chair said, you know, you can have the best infrastructure, you know -- the light fixtures on the super block were just changed and they're nice, but three blocks from them -- if you don't have people and people living in a humane way and people living in a decent way and people living in a happy way, there's nothing you can do about -- that's why we went by the building that we will discuss soon and we got down because we were so happy to see it gone. And I just think that you guys are bringing expertise and that you have a record that I know personally as a builder, and I just hope that you do it fast because that way you establish that there are some people that can build fast. Mr. Rizo: Thank you. And that's our intent, to expedite this project in a manner where it's beneficial to the community and to the district and to the residents of the (UNINTELLIGIBLE) themselves. City of Miami Page 20 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Chair Spence -Jones: Well -- any other questions or comments on this at all? Thank you, Commissioner Regalado, for your comments. I do want to just say that I think it's also -- and I'm going to say again it's extremely important, at least from the district in which I represent, to see somebody in a leadership role like Ario Lundy doing something positive in the community so other young, black males in the community know that they can do and they can build and they can make the difference. So it's great to see that you guys have the ability to partner to make a project like this happen because when people -- when those little boys go back and forth to the park, you know, Gibson Park, to play football and they see somebody like Ario Lundy and another young person like yourself out there doing it and making a difference in their community, that's only going to inspire them to do better in life, so I just want to commend you guys, and again, as the Commissioners have stated earlier, once you bring it back, then we'll address the main issues, but congratulations. We're going to move on to the next item. Mr. Rizo: Thank you. Ario Lundy: Thank you all. 9. 08-00939 CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING A GRANT, IN AN AMOUNT NOT TO EXCEED $25,000, TO JOHNSON & WALES UNIVERSITY TO PROVIDE TRAINING TO RESTAURANTS IN THE REDEVELOPMENT AREA; AUTHORIZING THE EXECUTIVE DIRECTOR, AT HIS DISCRETION, TO DISBURSE THE GRANT 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; FUNDS TO BE ALLOCATED FROM SEOPW TAX INCREMENT FUND, ENTITLED "OTHER GRANTS AND AIDS," ACCOUNT CODE NO. 10050.920101.883000.0000.00000. Cover Memo.pdf Financial Form.pdf Back-up.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-08-0045 Commissioner Spence -Jones: Item number 9. James H. Villacorta (Interim Executive Director, Community Redevelopment Agency): Item number 9 is a resolution of the Board of Commissioners of the Southeast Overtown/Park West Community Redevelopment Agency authorizing a grant, in an amount not to exceed 25,000, to Johnson & Wales University to provide training to restaurants in the redevelopment area. It authorizes -- Vice Chair Sarnoff.. So move. City of Miami Page 21 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Mr. Villacorta: -- the director to disburse the grant on a reimbursement basis, or directly to vendors, upon presentation of satisfactory invoices and documentation. Chair Spence -Jones: Okay. I think -- believe we had a motion. Commissioner Regalado: Second. Commissioner Spence -Jones: And we had a second. All in favor on this item? Commissioner Sanchez, I don't want to just -- do you have a --? I know -- I think you mentioned something about Johnson & Wales, that's why -- do you have --? Commissioner Sanchez: All I want to say is "aye." Chair Spence -Jones: Okay. All in favor? The Commissioners (Collectively): Aye. Chair Spence -Jones: All right. This item passes. Is there anybody from Johnson & Wales here at all? Okay. The only thing that I just would like to add as we move on to the next item is that as Commissioner Sanchez stated earlier, especially in the Overtown area, we feel that it's very, very important to at least train the people. That's why we've created the Hospitality Institute. That's why we're providing training to the local restaurants with the Johnson & Wale [sic] Institute, and that's why we're looking at a construction institute. And the whole idea is to really make sure that people are trained so that they are prepared to really control their destiny and their future. And the best way to do that is to at least make sure that the training is provided for them. I do want to put on record there are several businesses that we're funding in the Overtown area, a lot of the little restaurants that are on 3rd Avenue and in the area. I would like to make sure that we add to this particular item that we just passed that it -- that I would like to suggest that all of those businesses that are restaurants, cafes, of whatever they are, need to participate in this training. And we need to figure out a way to make sure that they understand the importance of them participating because we're not going to continue to just fund them for rehab and for operation and we keep, you know, doing the same thing over and they're not learning from the experience. We can't keep giving money out. So the idea is to help them become self-sufficient, so I'm hoping that from this training we have some classes that are full of people that are actually attending. I'm going to ask for -- there's a lot of noise in the audience. I know y'all happy to see each other, but if y'all that happy, can y'all step outside and fellowship there? But we're trying to take care of City bus -- no, CRA (Community Redevelopment Agency) business. Thank you. So let's move on to item number 10 [sic], and we had a motion and a second on that already. And I did say "all in favor," right? All in favor? Yes, I did. Mr. Villacorta: They already voted. Pamela E. Burns (Assistant Clerk of the Board): On item 9. Mr. Villacorta: On 9. Commissioner Sanchez: On item 9. Ms. Burns: We have a resolution. We're now moving to item 10. 10. 08-00946 CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT City of Miami Page 22 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 AGENCY ("CRA") AUTHORIZING ASSIGNMENT OF THE CRA'S GRANT AGREEMENT WITH VETERANS EMPLOYMENT TRANSITION SERVICES, INC. AND CAMILLUS HOUSE, INC. FOR THE HOSPITALITY INSTITUTE JOB TRAINING AND JOB PLACEMENT PILOT PROGRAM TO MIAMI-DADE COLLEGE; AUTHORIZING ADDITIONAL FUNDING, IN AN AMOUNT NOT TO EXCEED $100,000; AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO GENERAL COUNSEL; FUNDS TO BE ALLOCATED FROM SEOPW TAX INCREMENT FUND, ENTITLED "OTHER GRANTS AND AIDS," ACCOUNT CODE NO. 10050.920101.883000.0000.00000. Cover Memo.pdf Financial Form.pdf Back-up.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-08-0046 Chair Spence -Jones: Okay -- Commissioner Sanchez: I would -- Chair Spence -Jones: -- item 10. Commissioner Sanchez: -- move item 10. Vice Chair Sarnoff. Second. Chair Spence -Jones: All in favor? The Commissioners (Collectively): Aye. Chair Spence -Jones: All right. This item passes. I do know that we have, once again, another training program in the heart of Overtown that's done outstanding. We have Miami Dade College. We have Charles Cutler from the veterans program that's now turning it over to Miami Dade College, and we have Julie Grimes, the owner of Doubletree Hotel, and we have Lynn, that's been doing a wonderful job with the Hospitality Institute. I don't know if you want to put something on the record, but we look forward to working along with you. But is there anything that you want to put on the record? Unidentified Speaker: Thank you. Commissioner Sanchez: Madam Chair. Chair Spence -Jones: All right. You're recognized. Commissioner Sanchez: Madam Chair, I did not speak on item 10, but let me just say that if item number 9 works as best as item number 10, that's probably the best $25, 000 we've ever -- we've spent here at the CRA (Community Redevelopment Agency). Going back on 10, I think it's City of Miami Page 23 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 important to say that, you know, you have a changing of the guard here. You have -- it's wonderful to see that they're going to partner up with Miami Dade Community [sic] College, and I'll tell you why. The organizations has got -- I believe, has gotten to a level and you've gotten to that level because not only the support of this CRA, but also the community. And Charles Cutler, I want to take the opportunity to praise you also for everything you've done for their success. You've played an important role in their success, but now Miami Dade Community [sic] College is an institution that could really branch out and really seek big grants. So they have the opportunity to go out there and really go after the big dollars, and therefore, bringing in money that I think overall will play a significant part in creating more jobs and getting people to work in our community. So I think it's a win -win situation for all of us here, and I'm very excited about it. Once again, I think this is -- the $100, 000 we spent here, by far, to me it's one of the best money spent at the CRA because when you have somebody who did not have hope, somebody who thought that they were kicked to the curb, and all of a sudden now they have interest and an organization helping them clean up their act, get a job and seeing that person get a job and seeing that person hold that job for a year or nine months, you know what? It's priceless because you've taken somebody and you've turned somebody around, and now they're a productive citizen helping our economy, working in our city. We don't provide for them. They provide for themselves, so that is the best $100, 000 -- as a matter of fact, next year on both of these, if they continue to provide the same level of service that they are and they're able to get people off of the welfare line and into productive community, you know what? We should consider providing more funds for that. Chair Spence -Jones: Great, Commissioner Sanchez. Commissioner Regalado, you're recognized. Commissioner Regalado: Actually, I -- 40 human beings that were -- that had been able to hold a job for six month now is -- it's not a statistic. In these times, it's a miracle, and it's a good miracle. And I mean, Miami Dade Community [sic] College has a magic wand, and President Padron, everything he gets into, it's successful. And I had the opportunity of meeting with the person that is the driving force on this Hospitality Institute, and I hope -- I just hope that you would follow up in expanding because, yes, this is great for here. This is needed for here, but we need it in other parts of the City too, and hopefully, you will come through, I know that. In this really difficult times -- Chair Spence -Jones: Yes. Commissioner Regalado: -- to get people work and keep them at work and with a decent salary, it's something that must be praised, so thank you. Chair Spence -Jones: And I'm just going to just end on this note. I do want to also publicly acknowledge and thank Charles Cutler for his vision because it was Charles Cutler's vision in this whole issue or in this whole project itself. Okay. One second, Charles. We're publicly appraising [sic] you. You're supposed to enjoy it, okay? But we definitely want to thank you. It was Charles that was out there beating those streets, you know, making sure that people from communities came and got involved got registered in the program, and as you guys have all stated, the program has been really, really successful. I have to also acknowledge the Camillus House -- I see you guys here -- because they were the ones that decided to partner up with the veterans to really make sure the program was successful. And you know, you got to acknowledge people for their great work. And I know that you guys are expanding into other areas and other arenas, and Julie, of course, your vision, Julie, to tell these hoteliers in this town, "Wait a minute. We don't need for you to get jobs from overseas and other countries and bring people from other places. We have people right here in the City of Miami that need work." And Julie works like -- on this like this is a full-time job for her. I want you guys to understand this. She is truly committed to really making a difference in the lives of people. If I had ten more Julies in my district that were businesspeople like Julie, my district would really see a big City of Miami Page 24 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 difference. So it's great to see that that partnership has now grown to Miami Dade College. And I know that those students -- or those people, for the first time, going to this location and still will remain in Overtown because I think it's extremely important for it to be in the neighborhoods and to stay in the neighborhoods, but just imagine, you know, people from the community, you know, for the first time that may not even have finished high school feeling as though that they were a part of Miami Dade College, and that might inspire them to want to do better in life. So I just want to publicly -- and Lynn -- and Ms. Westall, she has done an outstanding job. I just want to publicly acknowledge you 'cause you work hard very -- we love all your reports that we get, okay? You do great with those reports. So just in that -- just in closing, I just want to say thank you to my fellow Commissioners because as a young neophyte sitting here in this chair, you have so many things that you want to see happen in your district and so many things that you want to make a difference with, and you realize that you can't accomplish all of that in one fell stroke, you know, but it was you guys that decided to believe in me and my ability to have -- to lead and really make decisions like creating Hospitality Institute and the construction institute because it was really something that was really needed. So I thank you guys for at least believing in me well enough to make sure that these programs happen within the community. Now Charles Cutler, I mean, I don't mind you taking one second, but I don't want you to start preaching on me now. Okay, just one second. Charles Cutler: I just wanted to say thank you to the CRA. I want to say thank you to Jim because they've been wonderful through this whole process, and it was a trial process, and the team that we put together, you know, I give them the greatest respect. And I think that it's a good movement forward in terms of us galvanizing the entire community to go fix the needs where they are. And from the Overtown community, I just want to say thank you. Chair Spence -Jones: Thank you too, Charles. Let's give Charles and his whole group a hand, guys. Applause. Chair Spence -Jones: And as we move on to item number 11, I do want to state this. Charles's groups, the Veterans Employment Transition Service, we know already that anything that's going to have anything to do with veterans should be a priority for us, especially with all these troops returning back home. There should be no reason that we should not be trying to find programs to assist -- you would not believe the number of young people that are returning back home that are homeless on the streets. It is ridiculous, especially in the Overtown area, and I know in the Liberty City area. So, you know, programs like yours work, and it's extremely important that we continue to support them so that we support our veterans. 11. 08-00940 CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA") AUTHORIZING ADDITIONAL FUNDS, IN AN AMOUNT NOT TO EXCEED $4,500,000, FOR A TOTAL PROJECT COST NOT TO EXCEED $6,000,000, FOR STREETSCAPE IMPROVEMENTS ALONG NORTHEAST 14TH STREET FROM NORTHEAST 2ND AVENUE WEST TO THE FLORIDA EAST COAST RAILWAY TRACKS (APPROXIMATELY NORTHWEST 1ST AVENUE); AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE SAID FUNDS, AT HIS DISCRETION, DIRECTLY TO VENDORS SELECTED BY THE CITY OF MIAMI, OR TO AUTHORIZE THE CITY OF MIAMI TO ISSUE PURCHASE ORDERS TO PROJECT VENDORS; PROVIDING THAT THE CRA SHALL MAINTAIN NONSTANDARD UPGRADES INSTALLED AS PART OF THE PROJECT; ALLOCATING FUNDS FROM OMNI TAX INCREMENT FUND, ENTITLED "CONSTRUCTION IN PROGRESS," ACCOUNT CODE NO. City of Miami Page 25 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 10040.920101.670000.0000.00000. Cover Memo.pdf Financial Form.pdf Back-up.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-08-0047 Chair Spence -Jones: I'm going to move on to item number 11. James H. Villacorta (Interim Executive Director, Community Redevelopment Agency): Item number -- Chair Spence -Jones: Jim. Mr. Villacorta: -- 11 is a resolution of the Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency authorizing additional funds, in an amount not to exceed four and a half million, for a total project cost not to exceed six million, for streetscape improvements along Northeast 14th Street from Northeast 2nd Avenue west to the Florida East Coast Railway tracks, approximately Northwest 1st Avenue. The Board has previously set aside a million and a half for this project. This is allocating another four and a half million. The plans are five to ten percent complete, but they hope to start construction this April, and it will be a streetscape project similar to 3rd Avenue along Northeast 14th Street. Vice Chair Sarnoff So move. Chair Spence -Jones: Had a motion. Have a second? Commissioner Sanchez: Second. That's just streetscaping -- landscaping? Mr. Villacorta: It'll be new sidewalks, milling and surfacing. There's a water line that needs -- Commissioner Sanchez: It's -- Mr. Villacorta: -- to be upgraded in the -- Commissioner Sanchez: All right. Second. Mr. Villacorta: -- landscaping. Chair Spence -Jones: We had a motion and a second. We do have discussion though. Commissioner Regalado: Is that the mistake? Mr. Villacorta: Oh, no. This is a different project. Commissioner Regalado: Well, that's -- this is not the mistake, okay. Chair Spence -Jones: I hope that the different project ain't no mistake either. City of Miami Page 26 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Vice Chair Sarnoff. Just mark that spot so that you can come back -- Commissioner Regalado: Huh? Vice Chair Sarnoff. -- and when he comes back asking for a couple more dollars, you could say, it was a mistake. Commissioner Regalado: Okay. Mr. Villacorta: Well, the plans are incomplete at this point, but we're locking up the money so that we'll have it when the designs are complete and the project is either put out to bid or JOC (Job Order Contractor) contractor is selected. Commissioner Sanchez: Infrastructure. Mr. Villacorta: Yes. Commissioner Sanchez: Lots of infrastructure. Mr. Villacorta: Yes. Commissioner Sanchez: All right, so call the question. Chair Spence -Jones: We had a motion and a second. All in favor? The Commissioners (Collectively): Aye. Chair Spence -Jones: That item passes. 12. 08-00947 CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING A GRANT, IN AN AMOUNT NOT TO EXCEED $120,000, TO ST. JOHN COMMUNITY DEVELOPMENT CORPORATION, INC. FOR ROOF REPAIRS AT THE ST. JOHN APARTMENTS AT 220-250 N.W. 13TH STREET AND 1300 N.W. 2ND AVENUE, MIAMI, FLORIDA; 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 SEOPW TAX INCREMENT FUND, ENTITLED "CONSTRUCTION IN PROGRESS," ACCOUNT CODE NO. 10050.920101.670000.0000.00000. Cover Memo.pdf Financial Form.pdf Legislation.pdf Motion by Commissioner Regalado, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 27 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Votes: Ayes: 4 - Vice Chair Sarnoff, Chair Spence -Jones, Commissioner Regalado and Commissioner Sanchez Absent: 1 - Commissioner Gonzalez CRA-R-08-0048 Chair Spence -Jones: We move on to item number 12. James H. Villacorta (Interim Executive Director, Community Redevelopment Agency): Item 12 is a resolution of the Board of Commissioners of the Southeast Overtown/Park West Community Redevelopment Agency authorizing a grant, in an amount not to exceed $120, 000, to the St. John Community Development Corporation for roof repairs at the St. John Apartments at 220 to 250 Northwest 13th Street and 1300 Northwest 2nd Avenue. This will allow all three buildings to be reroofed. They've -- they were damaged a few hurricanes ago, and this will repair some design flaws and those -- and that damage. Chair Spence -Jones: And I believe that most of -- a lot of those units are empty now, so we definitely need to get those units back in -- Mr. Villacorta: I think about a third -- the next phase will be to go in and start redoing the interiors of these apartments, and these are two -bedroom units? David Alexander: Two- and three -bedroom, Commissioner. Mr. Villacorta: Two- and three -bedroom units, so it's one of the few buildings that have those kind of accommodations for families. Vice Chair Sarnoff Could you explain --? Sorry, Madam Chair. Chair Spence -Jones: You're recognized. Vice Chair Sarnoff Could you explain for the record for those watching us why the CRA (Community Redevelopment Agency) would give $120, 000 to a community development corporation? Mr. Villacorta: They manage and take care of those apartments. The apartments are owned by St. John's Housing, LLC (Limited Liability Company), so this corporation -- I mean, they handled the bidding process. They went out and got the bids. They'll oversee the construction work, and -- Chair Spence -Jones: And we are paying the -- we're paying the roofers directly, too, right? Mr. Villacorta: Yeah. We'll pay them -- I think the roofing bids came in at around $90, 000, but we suspect -- Vice Chair Sarnoff I think you guys both are downstream from where I'd like to be. If I'm a citizen watching this show -- obviously, it means I'm not watching the Republic Convention. Be that as it may -- why would I, as a citizen, feel good that somebody's getting $120, 000 for a roof from taxpayer dollars? Chair Spence -Jones: From a roof or for a roof in general? Vice Chair Sarnoff Roofs. Chair Spence -Jones: Okay. City of Miami Page 28 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Vice Chair Sarnoff.- It could be plural; it could be one, doesn't matter. Mr. Villacorta: These units are, again, rent restricted. The amount that it -- Vice Chair Sarnoff.- Yeah. Tell me the public purpose. Mr. Villacorta: -- they're low-income individuals who are being given decent housing, who have decent housing for their children and their families. The -- it's hard to make this -- these units cover their cost since the rents are restricted. They barely cover the cost. When they were damaged in a hurricane, the housing stock, some of it became unlivable. The damage has continued since it wasn't -- the repairs weren't able to be done. This puts affordable housing back into circulation. Vice Chair Sarnoff Now how does a citizen feel good to know that that $120, 000 is restricted somehow? What restrictions do you put on the sellability, assignability, transferability of those units? Mr. Villacorta: The housing was built with HUD (Department of Housing and Urban Development) funds so they're rent restricted to a certain percent of area median income. They cannot be sold -- the units can't be sold for a period of 50 years, I believe, from when they were constructed. We have -- Is it 50 years? Mr. Alexander: Forty years. Mr. Villacorta: Forty years. It makes housing stock available to lower -income families in the area. These are nice units when they're in operation. They're, again, two- or three -bedroom units. Vice Chair Sarnoff What's the threshold of -- you like to use AMI. Tell the people what AMI means. Mr. Villacorta: Area Median Income, and maybe -- let me let the director of the community development corporation -- Mr. Alexander: Sure. Good afternoon, Madam Chair, Commissioners. David Alexander, representing St. John Community Development Corporation. I believe I can answer the question for the Commissioner. The dearth of affordable housing, decent affordable housing in Overtown caused drastically for the CRA to support the families that are most vulnerable. St. John CDC serves low-income families, families who are earning only a percentage of the median income of Dade County, Florida. You asked why you should support a project like this -- Vice Chair Sarnoff- What is the percentage? Mr. Alexander: Between 40 and 60 percent of AMI, which would be between, I would say, from 18,000 a year family income for three to about 29,000 a year. However, most of our families are actually at 50 percent, and that means that they make less than $22, 000 a year on average. Now these units are 35 units of very good housing. It's actually a fairly new project. It's only 16 years old. However, the units have been damaged over the years, and we came to the CRA a number of years ago and asked for assistance to rehabilitate these units. There is a design flaw with the building itself where the water from the roof sheets down the front of the building and enters into the infrastructure causing some problems. So we came to the CRA and we requested assistance. Commissioner Spence -Jones and Commissioner Regalado did tour the project. They saw for themselves what was happening, and when you get into these units, you don't believe that these units are actually affordable housing units the way that they're spacious and well put City of Miami Page 29 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 together. But we were suffering some problems from water intrusion, and that's why they're paying to help me put back on the roof. They've also agreed that they would help me -- assist St. John in picking up some of the costs on the interior rehab on some of the vacant units, about half of them. Vice Chair Sarnoff And -- Mr. Alexander: So we have a commitment from the CRA and we have a commitment from the County, and we're going to rehabilitate the project in the next few months. Vice Chair Sarnoff I'm sorry, David. Did you say it was 32 units? Mr. Alexander: Thirty-five -- Chair Spence -Jones: Five. Mr. Alexander: -- units total. Vice Chair Sarnoff Thirty-five units. Mr. Alexander: We have already done major rehab on two of the thirty-five, as a demonstration project, so we have thirty-three left. Vice Chair Sarnoff Thank you. Mr. Alexander: So I guess -- I hope I answered your question, Commissioner Sarnoff -- Vice Chair Sarnoff You did. Mr. Alexander: -- why would you support this. Because it's the best housing available in the community, and right now it's offline and we need to bring it back online to give more housing opportunities to families. Chair Spence -Jones: And it's one of those immediate projects. Most of these projects that we're seeing now that we're building now -- outside of the major rehab work stuff that we're doing -- we won't see a lot of these projects for -- at least the new units, at least for another two or three years. Right now people in Overtown need housing right now, so this would at least give us some immediate units to utilize so -- Mr. Alexander: Currently, my rent roll is at about 16, so I have a good number of units to provide for the community on completion. Mr. Villacorta: And this -- Chair Spence -Jones: So I had -- Mr. Villacorta: -- fulfills the objective of the redevelopment plan to provide rehabilitation of existing housing and an opportunity for residents to continue to live in Overtown. Chair Spence -Jones: So we had -- did we have a motion and a second on this item? Pamela E. Burns (Assistant Clerk of the Board): No, we did not. Chair Spence -Jones: Do I have a motion on this item? City of Miami Page 30 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Ms. Burns: No, we have not. Commissioner Regalado: I move it. Chair Spence -Jones: Motion by Regalado. Do I have a second? Commissioner Sanchez: Second. Chair Spence -Jones: Second by Sanchez. Any other questions on this? Commissioner Sanchez: I do. Chair Spence -Jones: Okay. I'm sorry. Go ahead. Commissioner Sanchez: This is the -- the hundred and twenty thousand is only for the roof. You're coming back for $380, 000 for the interior. Mr. Alexander: Right. We agreed with Jim that we would do the roof first. He wants to see that completed so we could get through the rainy season here, make sure we're dry in the units, and then we come back next month for the rest of the money. Commissioner Sanchez: All right. Mr. Alexander: He also wants to see that we have locked in the County money as well, which we do have a contract for. Commissioner Sanchez: They had -- Mr. Villacorta: They have bids now for 850,000 for the entire project, and the balance of the funding is being sought from the County. Commissioner Sanchez: That's what I wanted to get to. The County's also putting money into this project -- Mr. Alexander: Correct. Commissioner Sanchez: -- okay. The Administration has basically made it very clear to you that everything's going to be on a reimbursement basis. In other words, when you get the roof done, we pay. And then as everything is done, we will pay. Mr. Alexander: Correct. Commissioner Sanchez: But -- Mr. Alexander: We won't need the money directly, Commissioner. We tell him to pay the contractor directly. Commissioner Sanchez: Looking at the greater good here is for us to get these 35 units, which I understand are -- by far will be the best housing in the area. Mr. Alexander: No question. Commissioner Sanchez: Okay. But the bottom line is to get them done. They're only 16 years old, so I mean, investing the money makes sense -- City of Miami Page 31 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Mr. Alexander: Yes, sir. Commissioner Sanchez: -- for us to get those apartments up and going so people could have affordable housing, so that's what we're looking at. So based on those recommendations and basically what you have worked out, I'm okay with this. Mr. Alexander: Thank you, sir. Commissioner Sanchez: All right. Chair Spence -Jones: All right. We had a motion and we had a second. All in favor? The Commissioners (Collectively): Aye. Chair Spence -Jones: This item passes. Thank you, David. Commissioner Sanchez: And also, this is affordable rental. Chair Spence -Jones: Yes. Mr. Alexander: Affordable rental, sir. Commissioner Sanchez: Okay. Mr. Alexander: Locked in under a land -use regulatory agreement for 40 years. Commissioner Sanchez: Because the bottom line is not everyone can and not everyone wants to own property. Mr. Alexander: There you go. Chair Spence -Jones: Item number -- Mr. Alexander: Commissioner, if I may, just a point of -- Chair Spence -Jones: Sure. Mr. Alexander: -- personal privilege, Commissioner. I ask for you to recognize me for just one minute. Chair Spence -Jones: Okay. Mr. Alexander: I just want to thank you and the Community Redevelopment Agency, and I want to congratulate you. St. John CDC has -- our board of directors has tried to honor you as our Commissioner. The reason is that -- and I'm particularly proud to say this. This is the first time that we've seen the CRA put its money where the mouth is. And we want to congratulate you on the wonderful job that you and the Commissioners and the staff has done on 3rd Avenue. Third Avenue -- the 3rd Avenue improvement project is a beautiful thing and it's a dream come true for the community, and we thank you for putting your money into the ground where it belongs. Thank you very much. Chair Spence -Jones: Thank you, David, and there's more to come. Mr. Alexander: Appreciate that. City of Miami Page 32 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 13. 08-00942 CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY RESCINDING RESOLUTION NO. CRA-R-06-0031; AUTHORIZING THE EXPENDITURE OF FUNDS, IN AN AMOUNT NOT TO EXCEED, $6,500,000, WITH PROJECT VENDORS SELECTED BY THE CITY OF MIAMI FOR THE DESIGN AND INSTALLATION OF UPGRADES TO THE WATER AND SEWER FACILITIES IN THE OMNI REDEVELOPMENT AREA; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE SAID FUNDS, AT HIS DISCRETION, DIRECTLY TO PROJECT VENDORS SELECTED BY THE CITY OF MIAMI, OR ON A REIMBURSEMENT BASIS, UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION; ALTERNATIVELY, IF NECESSARY TO EXPEDITE THE PROJECT, AUTHORIZING THE EXECUTIVE DIRECTOR TO ISSUE A REQUEST FOR QUALIFICATIONS FOR THE PROJECT; ALLOCATING FUNDS FROM OMNI TAX INCREMENT FUND, ENTITLED "CONSTRUCTION IN PROGRESS," ACCOUNT CODE NO. 10040.920101.670000.0000.00000. Cover Memo.pdf Financial Form.pdf Back-up.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-08-0049 Chair Spence -Jones: All right. Item number 13. James H. Villacorta (Interim Executive Director, Community Redevelopment Agency): Item number 13 is a resolution of the Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency rescinding Resolution CRA-R-06-0031; authorizing the expenditure of funds, in an amount not to exceed $6,500,000, with project vendors selected by the City of Miami for the design and installation of upgrades to the water and sewer facilities in the Omni redevelopment area; alternatively, if necessary to expedite the project, authorizing the executive director to issue a request for qualifications for the project. Chair Spence -Jones: Commissioner Sarnoff, you have -- Vice Chair Sarnoff So move. Chair Spence -Jones: Okay. Vice Chair Sarnoff There's -- all he's doing is he's just -- Chair Spence -Jones: Yeah. Vice Chair Sarnoff -- dereg -- you're just de -- you're taking away a resolution we passed before because you can no longer use the County to do what the County's supposed to do. City of Miami Page 33 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Mr. Villacorta: Right. Chair Spence -Jones: And -- Commissioner Sanchez: Well, you need to elaborate a little -- Chair Spence -Jones: I know you need -- Commissioner Sanchez: -- bit more on that. Chair Spence -Jones: Right. Mr. Villacorta: We -- Commissioner Sanchez: Okay, because the City and the County got into a situation which wasn't amicable to either side. In other words -- and this -- the solution here is to break away and come up with a solution where, one, you know, we either -- the City, CIP (Capital Improvements Program), does the work, or we hire a private vendor to do the work for us. That's a decision that we're going to have to make, but the County -- the deal with the County did not work. Mr. Villacorta: Right. We originally -- we worked with WASA (Water and Sewer Authority) to identifir what waterlines in the Omni CRA (Community Redevelopment Agency) needed upgrading to facilitate development. We had proposed that WASA perform this work with their own forces. That required County Commission approval. This agreement never made it out of the subcommittee. To expedite the project, we're rescinding that resolution, reallocating funds, and requesting that CIP do it, or if they are unable to do it, we'll issue a request for qualifications for design -build and move this project along. The upgrading of these waterlines will allow development -- it will improve the fire flow in the area; allow developers to come in and know that the line they need is right there. We will recover these funds as the developers connect to the line, and they are required to reimburse the cost of that line based on the square - - the linear footage of the frontage they have. Commissioner Regalado: Correction. The history of WASA is that they demand the money in advance, so we need to be on top because WASA takes the money first and then does the upgrade. So if we do the upgrade, they have to pay us. But the problem is that they -- that's included in the impact fee that they have to pay for the County. Mr. Villacorta: I -- we have an agreement with WASA for reimbursement. We'll have to revisit that agreement now that the County isn't going to be doing this. But in principle, WASA has done this in the past for developers. When they bring a line to their property and they have to run three blocks, they agree with the developer that the developer will recover the cost as people connect. We lose something because we don't recover for intersections, but in the main, we will receive a good portion of this back and we will have allowed the developer to speed the development of the area. Commissioner Sanchez: Jim, without interrupting, most of the time, developers come here asking for us to pay the WASA connection, so that's -- Mr. Villacorta: Yes. Commissioner Sanchez: -- where we have to be very careful because you don't want to end up losing on both ends. Mr. Villacorta: Yes. City of Miami Page 34 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Commissioner Sanchez: Now the issue in front of us today is a policy issue. What you're asking us is to make a decision whether, one, we want CIP to do the work, or two, allow you to go out and seek a private vendor to do the work; correct? Chair Spence -Jones: Basically. Mr. Villacorta: Yes. If C -- we will go to CIP. If they are -- Commissioner Sanchez: Okay. Mr. Villacorta: -- too busy at this time, we will -- Chair Spence -Jones: CIP is here, so CIP, do you want to say something, Mr. CIP? Ola O. Aluko: Ola Aluko, director of CIP, City of Miami. Madam Chair and board members. The executive director and I have spoken about this particular project, and we do have the forces and design capacity to do the work for the CRA. The only minor thing I'll have to do is I'll come to the Board of City Commission probably in October to request for an increase of capacity of the design engineer who does this specialty work. I was going to come to -- before the Board of City Commissioners anyway for an increase of capacity for other jobs that I'm doing, and this couldn't have come at a better time. So, yes, we can do this work for the CRA, as discussed with Jim. Chair Spence -Jones: Okay. Commissioner Sanchez: Just -- Chair Spence -Jones: I guess Jim just wants to have the flexibility -- Mr. Aluko: To use somebody else. Chair Spence -Jones: Yeah. If -- Mr. Villacorta: Well -- Chair Spence -Jones: -- it got to the point that -- I know that we keep you very busy in all other parts of the City, Ola, so I think that Jim just wanted to have some security put in place -- Mr. Aluko: That's -- Chair Spence -Jones: -- just in case -- Mr. Aluko: We discussed that. Chair Spence -Jones: -- you got a little overloaded. Mr. Aluko: IfI were in Jim's position, I would do the same thing. Chair Spence -Jones: Okay. You're recognized. Vice Chair Sarnoff.- Jim, just so the record's clear, this money had been allocated for the better part of one or two years, correct? Mr. Villacorta: Yes, since '06. City of Miami Page 35 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Vice Chair Sarnoff All right. So it's been allocated for about two years. After two years, you anticipated the County would actually do the improvements, correct? You asked them to do it. Mr. Villacorta: Yes. We -- after this -- was allocated in July of '06,- we presented an agreement to the County; it went back and forth. We finally got it to where their attorneys and our attorneys were okay with it. It then went to a subcommittee and it didn't make it out of the subcommittee. Vice Chair Sarnoff. Right, so it's July '08. So it took two years for the County to finally say we're not going to -- we're not interested, we're not going to do it, the subcommittee to allow it to fail. Mr. Villacorta: Correct, yes. Vice Chair Sarnoff All right. Mr. Villacorta: It didn't pass out of subcommittee, yes. Vice Chair Sarnoff So all we're doing here today is finding a private vendor, whether it's CIP or -- Mr. Villacorta: Yes. Vice Chair Sarnoff -- CIP acting as a construction overseer of a private vendor to make sure that we get this improvement done. Mr. Villacorta: Correct. Vice Chair Sarnoff So we are reallocating the money for that type of project. Mr. Villacorta: Yes. Vice Chair Sarnoff That's all, right? Mr. Villacorta: Yes. Vice Chair Sarnoff Okay. Chair Spence -Jones: Commissioner -- Commissioner Sanchez: What is your recommendation? Mr. Villacorta: I recommend that you pass this resolution. The issue with CIP was they have engineers on board, but there's only a small amount left in their contract. They have to come back to the City Commission and ask -- Chair Spence -Jones: And you just wanted to have flexibility, right? Mr. Villacorta: Right, and if the Commission decided not to extend that and we were going back out anyway, let's just put this out as a design -build and get it done. Commissioner Sanchez: All right. Listen, I'm going to make it easy for you. I'm going to make a motion -- Chair Spence -Jones: You already have a motion. We need a second, though. He made it. City of Miami Page 36 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Commissioner Sanchez: Well, the motion was to approve this -- Mr. Villacorta: Yeah. This is -- Commissioner Sanchez: -- but I want to amend it to where -- Chair Spence -Jones: Okay, so you want to amend the motion. Commissioner Sanchez: -- so basically giving you the authority to hire a private vendor to do the job. Mr. Villacorta: Well -- Commissioner Regalado: But the motion says that. Mr. Villacorta: -- that's in there. Chair Spence -Jones: Yeah. Mr. Villacorta: It's in there. Chair Spence -Jones: It's in there already. Commissioner Sanchez: Okay. Chair Spence -Jones: Okay, so -- Commissioner Regalado: It's in there. Chair Spence -Jones: -- you have a motion. So do I get a second from you? Commissioner Sanchez: I withdraw my motion. The motion's on the floor -- Chair Spence -Jones: Okay. Commissioner Sanchez: -- the original motion. Chair Spence -Jones: So we have a motion. Commissioner Sanchez: And a second. Vice Chair Sarnoff.- And second. Chair Spence -Jones: Okay. We have a motion and a second. All in favor? The Commissioners (Collectively): Aye. Chair Spence -Jones: All right. This item passes. Pamela E. Burns (Assistant Clerk of the Board): Excuse me. For the record, the second is by Commissioner Sanchez? Chair Spence -Jones: Yes. City of Miami Page 37 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Ms. Burns: Okay, thank you. 14. 08-00945 CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE PURCHASE OF THE PROPERTY AT 1201-1221 N.W. 3RD AVENUE, MIAMI, FLORIDA, FOR AN AMOUNT NOT TO EXCEED $550,000, PLUS CUSTOMARY CLOSING COSTS, ADJUSTMENTS, AND PRORATIONS; AUTHORIZING SUCH INSPECTIONS AND DUE DILIGENCE DEEMED NECESSARY BY THE EXECUTIVE DIRECTOR; AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO SPECIAL COUNSEL; FUNDS TO BE ALLOCATED FROM SEOPW TAX INCREMENT FUND, ENTITLED "CONSTRUCTION IN PROGRESS," ACCOUNT CODE NO. 10050.920101.670000.0000.00000 AS PREVIOUSLY APPROPRIATED BY RESOLUTION NO. CRA-R-08-0014. Financial Form.pdf Back-up.pdf Legislation.pdf Motion by Commissioner Regalado, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Chair Spence -Jones, Commissioner Regalado and Commissioner Sanchez Noes: 1 - Vice Chair Sarnoff Absent: 1 - Commissioner Gonzalez CRA-R-08-0050 Chair Spence -Jones: Okay. We're moving on to item number 14. James H. Villacorta (Interim Executive Director, Community Redevelopment Agency): Item number 14 is a resolution of the Board of Commissioners of the Southeast Overtown/Park West Community Redevelopment Agency authorizing the purchase of the property at 1201 to 1221 Northwest 3rd Avenue, for an amount not to exceed $550,000, plus customary closing costs, adjustment, and proration; and further authorizing such inspections and due diligence deemed necessary by the director; finally authorizing the executive director to execute all documents necessary for said purpose. This building is on the corner of 12th and 3rd Avenue. It's been the subject of numerous complaints. The NET (Neighborhood Enhancement Team) director provided us with a letter chronicling some of the -- those issues. We had the building appraised. It appraised at almost a hundred thousand dollars below its assessed for taxes value. The owner has agreed to sell the building at that price. And assuming that the Board passes this resolution and the environmental studies and other title issues pass muster -- Commissioner Sanchez: Madam Chair -- Mr. Villacorta: -- we'd like to -- Commissioner Sanchez: -- I have a question on this. Mr. Villacorta: -- purchase this building. Chair Spence -Jones: You're recognized. Commissioner Sanchez: Executive Director, this -- not to exceed $550,000, but it says here plus City of Miami Page 38 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 customary closing costs, adjustments, and proporations [sicJ. Mr. Villacorta: Prorations, yes. Commissioner Sanchez: Now what's the real cost here when you add all those things? Chair Spence -Jones: You won't know, right? Mr. Villacorta: What we're talking about is the taxes for the year. Those would be allocated back and forth between the parties. It wouldn't be a significant amount of money. Commissioner Sanchez: Okay, so it wouldn't be a significant amount of money. Mr. Villacorta: No. Commissioner Sanchez: And the other issue that I have is that property has a lot of Code enforcement. How much do they owe the City? Mr. Villacorta: A hundred and sixty-eight thousand dollars that I'm aware of. There's also some open Code enforcement cases against the property, but there's an existing one for a hundred and sixty-eight thousand. Our intention is to use this for affordable housing, to redevelop this property into retail and affordable housing. Under those conditions, the City is in a position to waive the fines, which is probably why the owner is willing to talk to us at such a low number because he can't sell it to anyone else and have them -- Commissioner Sanchez: Is -- Mr. Villacorta: -- clear those fines. Commissioner Sanchez: All right. My other question, is the property on foreclosure right now? Mr. Villacorta: The Law Department was requested to look into foreclosing on the property. The -- my understanding -- and I spoke with them today -- is that they are issuing a memo outlining the possible courses of action the City could take. In the event the City foreclosed on the property, there is still a first mortgage, which I was told today is a $475, 000. Commissioner Sanchez: So the bank would get the property. Mr. Villacorta: The bank would have the property. In the meantime, the bank would be, you know, assuming the owner stopped payment, they would be assessing their fees and attorneys' fees and costs, and by the time it went to the courthouse steps, this -- they would have a bid where they could, you know, be $550, 000, you know, 575, 000. I mean, they would have accrued that much in additional costs without putting -- Chair Spence -Jones: And by that time, my child will be going to college, and he's four years old now. Mr. Villacorta: There -- Vice Chair Sarnoff Well, with all due respect, I'm the one that requested the City Attorney to foreclose upon that building. And this brings up a very large issue, especially in a very good time when each one of us are facing budget cuts. Now the number I was told on the first mortgage, and I've been able to very , is $430, 000. Mr. Villacorta: Okay. City of Miami Page 39 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Vice Chair Sarnoff So if I just do my arithmetic correctly -- and forgive me for putting on my legal hat for a moment -- this City stood second only to a first mortgage holder. This City, had it acted promptly, responsibly, and with any kind of due diligence, could have acquired this property for less than $440,000. That's just my opinion, Jim. That would have net -- that results in a savings of $110, 000 to the taxpayers of this city. May have taken three months; it may have taken five months, but had we acted promptly, you'd be sitting in the position you're in today when there's going to be somebody defunded this October in the City of Miami, and there would have been a hundred and ten thousand more dollars had this City just done -- from the day I walked in City Hall, the first thing I said was get your foreclosure act together. And to this day, we still do not have our foreclosure act together. This City, all it needs to do is take out a first mortgage holder, and it puts itself in the position of controlling its own destiny, but we didn't do that. We didn't do it despite a series of memorandum and a series of commitments, all the way from the City Attorney, all the way to the Manager's office to start that process. Now you could say no big deal. It will be a big deal to somebody this October when they're defunded. It will be a big deal when we make ten decisions like this and a million dollars is missing. So unless this City starts sharpening its pencil and starts looking deep and hard as to just to run a better city, you should Code enforce. And just to Code enforce correctly, you've got to foreclose upon your liens. You know what, folks? If it looks like a broken window, it'll act like a broken window, and it'll promote crime and it'll promote every kind of product that this CRA is designed to prevent. So I think we really lost the ball here. I have to tell you, Jim. I was the one asking to have this foreclosed upon. I'm extremely disappointed with the City on this. Chair Spence -Jones: Okay. Let me just add -- and I'm not disagreeing with anything that you have stated tonight. As a matter of fact, I think -- Loren, if you want to step up to the mike, from the Overtown NET office. This is a -- this particular building has been an issue for us for at least about three years, I know at least since I've been in office, trying to figure out what we're going to do, trying to get Code Enforcement -- everything that we could possibly think of to do to this building, I think that -- I know -- at least I know from your -- under your watch, Loren -- and I want you to put it on the record -- you have done; is that not correct? Loren Daniel (Overtown Neighborhood Enhancement Team Administrator): That's correct, Commissioner. Thank you for giving me the time to speak about this. Chair Spence -Jones: Just state your name for the record. Mr. Daniel: Loren Daniel, Overtown NET Administrator. Just wanted to say for the record, in two years I've been with the City, that's one of the first projects that I worked on because it's just been a constant pain. We've had every City department, from Code Enforcement to -- Chair Spence -Jones: The Police Department. Mr. Daniel: -- the Fire -- the Police Department -- Chair Spence -Jones: Fire Department. Mr. Daniel: -- the Fire Department, everyone coming and do reports on this particular property. The liens on the property, as Jim stated, are over $168,000. You know, it's just been a constant eyesore for the community, and there's just nothing left to be done there. We finally got the last bit of homeless folks out of there about a month and a half ago, two months ago, and we had the owner seal up the building, so we finally had some closure there. None of the things that were going on prior to that are happening now. And with the removal of the old WMBMstation right across the street from that, the area has a chance to really develop into something monumental for Overtown. Thank you. City of Miami Page 40 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Chair Spence -Jones: Okay. And I just want to also state -- and I'll -- I'm not -- so I'm not disagreeing with you because this is really a Code Enforcement issue, so I totally agree with you. I mean, this same problem you see on 3rd Avenue, I see it in several parts of my district, and I've talked 'til I'm blue in my face between Code Enforcement regarding a lot of these abandoned buildings in my district to the Law Department that handles all the foreclosures. And I can tell you, out of the list of probably about 20 or 30 properties that I -- we have been pushing in Little Haiti, Liberty City, Overtown, we might have had one project in the three years or one piece of property in the three years that the Law Department and through Code Enforcement that we were able to address. There's a house right now in the heart of Overtown next to some buildings that we're rehabbing now that's been burnt out for at least almost a year now. I was promised almost a year now that that house would at least be knocked down because I'm have -- I got crackheads. I got kids having to walk by that. You just -- after a while, you just say -- so I wasn't trying to be funny when I told you my kid was going to be going to college. Vice Chair Sarnoff No. I didn't take it that way. Chair Spence -Jones: What I was simply telling you is, in the meantime, Overtown needs to move. And behind this particular building is St. John's building that we just talked about. You know, I'm doing the rehabs for the roofs. We just gave away the P-2 lot that is right also behind here, where we're getting ready to put 40 new units. We can't have 40 new units happening and, you know, 35 units that we're getting ready to rehab, and then a horrible -looking building on the front street, you know, that, quite frankly, Loren's told you, I've told you, and if you want to ask ten people in Overtown that live in Overtown to tell you that that building has become a problem, you know, then I'll take you through Overtown right now and they'll tell you. But the issue for me right now is I'm really -- that particular section is right across the street from Gibson Park. And through the help of Ola and that department, we're now getting ready to hopefully get a nice, new park or upgrades in that park, and we want to have a library. Overtown needs a state-of-the-art library. They need a nice library. And this particular property can be used not only for retail and commercial space, but also for the housing that's necessary in the area. So I'm not disagreeing with you, so you -- if you hear me sound a little -- just, you know -- Vice Chair Sarnoff No, I understand. Chair Spence -Jones: -- pessimistic -- I just -- at this point, I don't want to wait anymore. I would rather have something happening, you know, with that building. I -- personally, I don't feel too comfortable or never really felt too comfortable about giving him anything. But I don't want progress to stop because of one person that, quite frankly, just has not done what they needed to do, you know, in Overtown. I mean, I have about ten of those, so I don't want you to feel like I'm jumping on you. Vice Chair Sarnoff No, no, no, no, no. Chair Spence -Jones: I'm just simply saying I believe -- Vice Chair Sarnoff I understand. Chair Spence -Jones: -- I agree with you and I hear you, but I'm -- at the same time, I still have to move the community to the next level, so -- William Bloom: Commissioners, if the information that Mr. Villacorta got from the City Attorney's Office as to the outstanding balance of the first mortgage is correct, the owner of the property basically would walk away with approximately $75, 000, you know, less his closing costs. And so that's really the amount that you'd be asked to pay to get a deed now as opposed to waiting, and that was the basis that it was negotiated. You can always, you know, direct the City of Miami Page 41 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 executive director to try to come back with something less than that. Typically, a property owner is going to want something other than to just give you the deed to the property and not get any consideration for himself, just to pay off the mortgage 'cause he can sit and wait for you to foreclose a year or two and get all the revenues and the interest. Chair Spence -Jones: And I can just -- not to interrupt you, and I'm going to turn it over to Commissioner Regalado -- tell you, this property, you know, went from $1.1 million when the real estate market was booming to -- Mr. Villacorta: One -- Chair Spence -Jones: -- 700,000 to now -- so to me, I think this is a prime time for us to move in order for us to really get some things done on that little corner. And also, I want to just make sure that we clear up, you know, the comment that was made regarding the issue of monies being taken from one pot to the other. In my briefing with Jim, it was stated that as a part of Commissioner Sanchez recommendation as a part of the whole 25 percent being used for affordable housing, land acquisition was a part of that. We never used all those dollars for the Jazz Village project for land acquisition. We had monies that was left over in that. So that was the only reason why we had the resources to even purchase this lot -- Is that correct? -- or this building. Mr. Villacorta: Yes. In February of '08, the Board authorized $2 million for land acquisition. So far we used 950, 000. So there -- we're not taking any money from any new projects. This is - - was already allocated. The -- I have to tell you Loren Daniels and the NET office have been really great. We've been hitting this building with Code enforcement citations every time there's an issue. There's a real problem with drug addicts and homeless people getting into that building. The owner can't seem to control it. Chair Spence -Jones: Every business that we try to support in there -- I mean, this has been shameful, you know, going into that building. You know, people put their time, their money and energies into putting their small businesses in there, and then all of a sudden, you have crackheads and crack addicts busting down the back door and taking all of their merchandise out. Mr. Villacorta: Yeah. Chair Spence -Jones: So the building has just become -- is really a problem. So you know, while I -- and I definitely understand -- I think that we have a larger issue to address, which is the Code enforcement and City Attorney issue. I'm asking for your real support on this because that whole little area over there, it's some great development things that we want to do and we've already approved two projects already, and this will only help us further our mission in doing what we need to do in that section. Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you. I -- without getting into the money matters, I just want to say that the mission of the CRA is to eliminate blight, and this is what we're doing. But I think that on cases like this, we're going about the wrong way. Code enforcement is a protocol, is a process. It may take as long as the owner of the property wants. The City is not using the Nuisance Abatement Board. And the reason that the City is not using the Nuisance Abatement Board is because we lost a case many years ago with the motel in Biscayne Boulevard that was exactly precisely the same -- and I know because I remember it was my first meeting as a City Commissioner that we voted to support closing down the motel. And it's very simple. You get so many calls from the police, you declare that a nuisance and you close that down. And then, you know, you go to court. You go to foreclosure. You go to -- but going with the Code enforcement process, you got ten days to comply, and you got until next month to comply. And if you don't comply, we will take you in the next available Code Enforcement meeting, which could be -- we City of Miami Page 42 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 don't know. We are running away from using a tool to attack this kind of nuisance. If we are not proactive in attacking this today or last month, we will delay development. We will delay the business interest. We will even delay the people feeling safe. So I still don't understand, Jim -- and you are an attorney, and you work in the City Attorney for many years -- why are we not using the Nuisance Abatement Board on these cases; not an illegal unit, you know, not that this old lady built a fence three inches in. This is a Nuisance Abatement Board case. This is not a Code Enforcement case. Chair Spence -Jones: Okay. So Commissioner Regalado, anything else? Commissioner Regalado: Yes -- no. Chair Spence -Jones: Okay. Do you want to respond to his question? 'Cause Commissioner Sarnoff has one more statement. Mr. Villacorta: Well, I mean, we've been noting the City departments. If it's their judgment that they feel that -- you had mentioned that they have lost a Nuisance Abatement case, and if they don't feel that's the appropriate way to go -- I know on the Code Enforcement cases, the first thing they want to do is review the file and were there any elements of the notice requirements that weren't complied with. Then they look to see is there a first mortgage; are we willing to buy out that first mortgage? There's a case, Blue Mountain -- that's up on 59th Street and 17th Avenue. That's been going on for two years. Vice Chair Sarnoff Jim, with all due respect -- Mr. Villacorta: Yeah. Vice Chair Sarnoff -- I just -- Mr. Villacorta: And I'm all -- Vice Chair Sarnoff -- I understand what you're saying, but I don't want the record to be incorrect. Mr. Villacorta: Yes. Vice Chair Sarnoff These Code enforcements notice of violations are now liens. That means that somebody did their due diligence and they're liens. Now that means it then goes to foreclosure in front of a Dade County circuit judge, somebody who's elected by us, somebody who, if they're not going to close a place based upon hundreds of thousands of dollars in Code enforcement liens, then we should know that and we should know that come election time. And it's very easy, it's very productive to sit here and say that $75,000, according to Mr. Bloom -- according to that dumb Commissioner, it could be as much as $100,000, but what the heck? We got millions to spend. If you make decisions like this continuously and persistently, if you just lined them all up in one year, the City may not be facing a $35 million shortfall; it may only be facing a 32 million shortfall. That's still a lot of money, but you know what? When you finally get to that 32 million and you're the next $3 million and it's your department or your job or your you know what on the line, you'd like to find that $3 million. So all I'm saying is I think our Code Enforcement is broken. I think our Law Department and Code Enforcement purposefully don't interphase. And from a memo that I received back in March of 2007 when I got here, we were all asked to pick 20 buildings to foreclose upon as Commissioners in our district. I picked my 20; none of them have been foreclosed on. Chair Spence -Jones: That was last year, right? I thought you said last year, right? City of Miami Page 43 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Vice Chair Sarnoff That was 2007, yeah. Chair Spence -Jones: Well, I did it when I got in office, and I had more than 20, and I'm letting you know, out of all of the amount of properties that I turned in, I might have gotten one done. You know, and so after a while, you just -- you know, you wonder why things don't happen in the district. You know, it's -- but anyway, I don't want to -- I'm not here to beat up a department right now. I think that we, as Commissioners, need to use this as an example, this particular -- Mr. Villacorta: Yeah. Chair Spence -Jones: -- situation as an example for us to address the greater problem. Mr. Villacorta: I'd be happy to come to the City Commission meeting and provide you pictures of this building and other ones so you can ask the appropriate staff -- to us after -- I mean, this owner's had this building since 2004. After so much complaint to us, it's better just to get it and improve the neighborhood. This is right -- Commissioner Sanchez: It was -- Mr. Villacorta: -- across from Gibson Park, and -- Commissioner Sanchez: -- in the market for 600-plus, right? Mr. Villacorta: It was -- Chair Spence -Jones: No. It was a million at one time. Mr. Villacorta: -- there was a contract for 750 about a year ago. At one point they were asking 1.3 million a year and a half -- two years ago. Chair Spence -Jones: Okay. So we've had a lot of discussion on this item, and your point is very well taken, Commissioner Sarnoff Do we have a motion on this item at all? Pamela E. Burns (Assistant Clerk of the Boarc0: No, we do not. Chair Spence -Jones: Do we have a motion on this item? Commissioner Regalado: I move it. Chair Spence -Jones: I have a motion. Do I have a second? Commissioner Sanchez: I would -- I'll second it. Chair Spence -Jones: I have a motion and a second. All in favor? Commissioner Regalado: Aye. Commissioner Sanchez: Aye. Chair Spence -Jones: Aye. Vice Chair Sarnoff Just say opposed. I'll say no. Chair Spence -Jones: Okay. All opposed? City of Miami Page 44 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Vice Chair Sarnoff. Just out of principle. Chair Spence -Jones: Okay. Vice Chair Sarnoff. I respect every decision that's made up here. I respect every Commissioner. This is merely a protest vote to get the City Manager's attention and to get the City Attorney's attention and to get the director of Code Enforcement's attention, and to some degree, Cedric (UNINTELLIGIBLE), to some degree, Building, and if they don't sit down and start reconciling their differences, then we need to start thinking about a whole different action plan at the City of Miami 'cause every time we allow money to slip through our hands, we just go back to the taxpayers and say, "Hey, got a couple extra bucks?" Chair Spence -Jones: Okay, so we -- Let the record reflect that we did have a no. 15. 08-00999 CRA RESOLUTION A JOINT RESOLUTION OF THE BOARDS OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCIES WAIVING THE 25% MATCH REQUIREMENT UNDER DOWNTOWN MIAMI PARTNERSHIP'S "WRAP -AROUND BUILDING REHAB PROGRAM FOR RESIDENTIAL BUILDINGS AND BUILDINGS OCCUPIED BY SMALL BUSINESSES, AS DEFINED BY THE UNITED STATES SMALL BUSINESS ADMINISTRATION;" AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURPOSE. Cover Memo.pdf Legislation.pdf Motion by Commissioner Sanchez, 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-08-0051 Chair Spence -Jones: All right. So we're going to move on to item number 5 -- 15, I'm sorry. James H. Villacorta (Interim Executive Director, Community Redevelopment Agency): 15. Chair Spence -Jones: 15. Mr. Villacorta: This is a joint resolution of the Boards of Commissioners of the Southeast Overtown/Park West and Omni Redevelopment District Community Redevelopment Agencies waiving the 25 percent match requirement under Downtown Miami Partnership's Wrap -Around Building Rehab Program for residential buildings and buildings occupied by small businesses, as defined by the United States Small Business Administration. The CRA (Community Redevelopment Agency) has previously instituted a Wrap -Around Building Program, which provided upgrading for facades and landscaping and some minor interior tenant improvements. This would waive the 25 percent match requirement for residential buildings and small businesses. We've had an issue where some of these funds haven't been drawn down because the small businesses and residential -- owners of residential buildings have been unable to provide the match. Commissioner Sanchez: What's the total funding on this? City of Miami Page 45 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Mr. Villacorta: Right now we have three hundred thou -- roughly 300,000 in each CRA balance available. And this would allow us to go down 2nd Avenue, paint all the facades of the apartment buildings, some of the small, little stores. We could go down that -- we had a 3rd Avenue Facade Program -- Commissioner Sanchez: So -- Mr. Villacorta: -- and then we had this program. Chair Spence -Jones: So now we're just moving it down. We're going from 3rd Avenue to 2nd Avenue, improving each one of the -- not only the building, but all -- the buildings on the street, but also now we're doing the roads. Commissioner Sanchez: So impact window, paint, awnings, et cetera, et cetera. Chair Spence -Jones: Signage. Mr. Villacorta: Yes. Commissioner Sanchez: So move. Commissioner Regalado: Second. Chair Spence -Jones: I have a motion. I have a second. All in favor? The Commissioners (Collectively): Aye. Chair Spence -Jones: All right. This item passes. 16. 08-00944 CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA"), AUTHORIZING THE CONVEYANCE OF THE PROPERTY AT 831 N.W. 2ND AVENUE, MIAMI, FLORIDA TO THE BLACK ARCHIVES HISTORY & RESEARCH FOUNDATION OF SOUTH FLORIDA, INC., SUBJECT TO A COVENANT RUNNING WITH THE LAND PROHIBITING CONSTRUCTION OF ANY STRUCTURE ON THE SOUTHERNMOST 15 FEET OF THE PROPERTY; AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO SPECIAL COUNSEL. Cover Memo.pdf Back-up.pdf Legislation.pdf Motion by Commissioner Sanchez, seconded by Vice Chair Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Vice Chair Sarnoff, Chair Spence -Jones, Commissioner Regalado and Commissioner Sanchez Absent: 1 - Commissioner Gonzalez A motion was made by Vice Chair Sarnoff, seconded by Commissioner Sanchez, and was passed unanimously, with Commissioner Gonzalez absent, to support the conveyance of 50 feet of property immediately to the east of the theater to the Black Archives History & Research City of Miami Page 46 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Foundation of South Florida, Inc. and the Lyric Theater in Overtown for a critically important phase of the expansion of the Lyric Theater. Direction by Chair Spence -Jones to the Interim Executive Director to schedule meetings with the Black Archives and CRA staff, to include Attorney Marlon Hill, Special Counsel William R. Bloom, and Assistant General Counsel Gail A. Dotson, to include Chair Spence -Jones in at least one of said meetings, to clam the issues surrounding the conveyance of the property at 831 NW 2nd Avenue, Miami, Florida to the Black Archives History & Research Foundation of South Florida, Inc. Chair Spence -Jones: Item number 16, Black Archives. James H. Villacorta (Interim Executive Director, Community Redevelopment Agency): Item number 16 is a resolution of the Southeast Overtown/Park West Community Redevelopment Agency authorizing the conveyance of the property at 831 Northwest 2nd Avenue, Miami, Florida, to the Black Archives History & Research Foundation, subject to a covenant running with the land prohibiting construction of any structure on the southernmost 15 feet of the property; and authorizing the executive director to execute all documents necessary for said purpose. This item appeared at the last meeting, and a motion was passed authorizing the conveyance, subject to the restriction of preventing any construction on the southernmost 15 feet of the property. This resolution is in accordance with that, and to the extent that's the Board's will, I recommend it. However, the plan for this area, which is immediately north of the Lyric Theater, was that it be a plaza. We have studies from the 1982 redevelopment plan designating it as a plaza. The CRA (Community Redevelopment Agency) applied to the State's Department of Environmental Protection in 1996 in support of a redevelopment grant and construction to the Lyric Theater plaza. The master plan for the Historic Overtown Folklife Village, dated May 19, 1997 and prepared by the Black Archives, desig -- had this area as a plaza. The redevelopment area design charrette report for Overtown, May 31, 2000, also designated this area as a plaza. The Overtown Greenprint Plan, dated October 2002, prepared by the Trust for Public Lands, listing the area as a plaza and community gathering place. The Overtown Lyric Theater site plan, dated December 2002 by Judson & Partners and R. J. Heisenbottle, architects for the Lyric at the time, designated this area as a plaza. The 2004 Overtown proposed amended redevelopment plan designates this area as a plaza. I want to make clear that the CRA strongly supports the efforts of the Lyric Theater. We have obtained a letter from the County where they are willing to deed the 50 feet behind the Lyric Theater to the Theater. I believe this Board would not have any opposition to that, and we could remove that 50 feet from the lawsuit currently pending on the reverter blocks and allow the -- Chair Spence -Jones: Do you have that in writing from the County? Mr. Villacorta: Yes. Chair Spence -Jones: Okay. And I just also want to let the record reflect -- I know the Black Archives has been waiting for this item at least for the last -- well, longer than -- but since the last meeting that we had, and then we didn't have two meetings after that, so I know that they were -- actually, it was put on the agenda as a discussion item, but we corrected that because it should have come on as a resolution, which is what it is now. So I'm assuming that the executive director, along with the Black Archives staff has met and has come up with something that everyone can agree with. Mr. Villacorta: The Archives was concerned about the restriction about building on the 15 feet southernmost -- closest to the Lyric Theater. Our concern is that it essentially turns the plaza into a building, and we would prefer that, in accordance with the previous plans and studies, that area be a gathering place and a plaza that opens onto the 9th Street Mall. The County has indicated their willingness to convey the property outside of the reverter lawsuit, which is -- we City of Miami Page 47 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 were in the process of replatting it to transfer the land to the Black Archives for construction of the enhancements to the theater and their offices behind the theater to the east. And, you know, if it's the will of the Board in accordance with their earlier motion, I have no problem with that, but I think the best use of that area would be to maintain it as a plaza. Chair Spence -Jones: I'm going to pass it over to -- I just want to just make this one comment, and I'll definitely pass it over to you. I know one of the biggest issues in the very beginning was the lawsuit and the issue that was going on between the County, so we couldn't really look at behind the Lyric Theater as an option because, quite frankly, we were going back and forthwith the County. But I do know that we asked for that as an option, and as for both -- I know at least the staff -- from the staffing standpoint and also from the Black Archives standpoint, to get with the County to see whether or not we could make some sort of adjustments. I do understand Black Archives need to have this plot of land in front of their door. I mean, literally, this is them walking out -- I mean, walking out in front of their door and it belonging to someone else. You know, so it -- I think we all agree as a board here that it only makes sense for -- if there's anybody going to have the land or lot, it should be the Black Archives. So I don't think that we're having a discussion about whether or not the Black Archives should get the land. I think that it's understood that they should have the land. Mr. Villacorta: Correct. Chair Spence -Jones: I think what we're trying to figure out -- and I just want to be clear and I know other Commissioners have points on this -- is that we want to make sure that whatever's being put there or at least what staff is telling us, based upon all these other discussions you've had, that whatever is put there makes sense and it actually falls in accordance to what we want to see happen from a redevelopment standpoint in that particular area, and that's where the concern is. On one end we can address the issue by giving the land and being done with it, with, hopefully, some covenants on it. On the other end, the issue, however, is what they're -- what are they going to do with it. I mean, that's really what the issue is, right? Mr. Villacorta: Right. I think there's no question that this land should be transferred to the Black Archives, but we -- under the redevelopment plans and the previous charrettes and studies, this area was always to be a gathering place and plaza. And it -- we've used it when we had the jazz event at the Lyric Theater. We were able to have people come out of the theater and we had antique cars on the pavers. The Lyric Theater has used it when they had the MTV (Music Television) after party for a reception area. The Florida Redevelopment Association was able to put a tent out there and have a dinner out on that plaza, and it just seems like a logical gathering place. The architect of the addition to the Lyric Theater said that he felt it would be detrimental to his design with the glass wall feature, and it's trying to squeeze a building too close to the existing theater. At one point, it's only ten feet away, and there's two doors that swing out that are each three feet wide, meaning when those doors are opened, there's only four feet -- Chair Spence -Jones: But Jim, we're -- Mr. Villacorta: -- between there. Chair Spence -Jones: -- going to be addressing that issue. Mr. Villacorta: Yeah. Chair Spence -Jones: If they have the 50 feet behind the building -- Mr. Villacorta: Yes. I mean -- Chair Spence -Jones: -- so that would allow for them to have this space. And if that would allow City of Miami Page 48 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 for them to have this space, then there should be no reason why we just can't give them the land. But anyway, I don't want to hog up -- I want to give the other Commissioners the opportunity. Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you, Madam Chair. You know, to a person that will visit or pass by Overtown, the only thing that we can show that is big, spectacular and a signature building is the Lyric Theater. There is no other project that we have been able to do, so for me to help in any way the Lyric Theater to be economically viable and to be a place for gathering, it is important. The master plan, the redevelopment plan calls for a plaza, but if the people that deal with the Lyric and that have been sweating for years to bring money from many sources so we can have a first-class theater in downtown Miami, feel that this is necessary, feel that this is to be economic (UNINTELLIGIBLE), to be -- to have the possibility of having this venue as a professional venue because, you know, we all have been in the stage of the Lyric Theater, and there's no way you can do a Broadway show in that stage. So I'll say let's help them because, you know, development plans, master planning can say whatever they want, but they -- most likely, they never get done. And by the way, I'm not trying to come back on this issue, but when the Performing Arts Center was being built by the County, the CRA was never consulted about any plaza or any shape or form of the buildings, and yet, we're paying the debt. We're giving the Performing Art [sic] more than we will ever give to the Lyric. So I think it will be unfair to just start -- say, well, you know, you can't do this because we, in our mind, think that this should be a plaza and they might be a plaza some day. I guess this is a little simple, but to me, it's the only way to get things done, as they have done with the Lyric. So thank you, Madam Chair. Chair Spence -Jones: Thank you, Commissioner Regalado. Any other Commissioners? Commissioner Sarnoff. Vice Chair Sarnoff My understanding is that the property is now available -- we used to call it in New Orleans a camelback, where you would actually build on top of somebody's shotgun house to put their second floor. My understanding is that that property is now available from the County, correct, based on this letter agreement? Mr. Villacorta: Yes. Chair Spence -Jones: Have you guys seen this letter? Marlon Hill: Just saw it tonight. Vice Chair Sarnoff So that is part of the Lyric Theater, correct? That is your necessity to have a first-class theater, correct? In other words, do your stage productions that you're limited to now with a very pretty, but archaic theater, correct? Mr. Hill: Correct. Vice Chair Sarnoff So this is going to build you the necessary backstage facilities and larger stage facility to put on bigger productions? Mr. Hill: Correct. Vice Chair Sarnoff All right. That -- the building you want to put in front is your offices, correct? Mr. Hill: No. Correction, Commissioner. Marlon Hill, for the record, with the law firm of delancyhill P.A., general counsel to the Black Archives. That building is otherwise known as an archive center. It's very important that you recognize that because it's a very important ancillary facility to the building. That's going to be the storage of very important artifacts and other City of Miami Page 49 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 materials for the building right next to the theater. So you have the theater, but the archive center -- Vice Chair Sarnoff Well, if that's -- Mr. Hill: -- it keeps in line with other centers around the country. Vice Chair Sarnoff -- the case, counsel, why would you put an ancillary building to what Commissioner Regalado calls "the signature building of Overtown " -- why would you put an ancillary storage facility that is within four feet with both doors open on the very east side of the property? Why would you --? Let me just be honest with you. Wasn't it really your concern that you had the $10 million GOB (General Obligation Bonc) bond, you were -- the money was not becoming available to you; you were just looking for a project to do. You did not think that Blocks 36 and 38 would be released, the 50 -- Chair Spence -Jones: 35. Vice Chair Sarnoff -- feet. I'm sorry, 35 -- would be released, so you went to alternate part of a construction phase, but a phase that won't really apply to your theater facility, to your theater component -- Mr. Hill: No, Commissioner. Vice Chair Sarnoff -- correct? Mr. Hill: Commissioner, you really have to look at the project in totality in terms of what the Lyric Theater is attempting to do. It's not just the theater component. You also have the archival component, which is a very important part of the museum, galleries. It's not just an office that the executive director or president/CEO (Chief Executive Officer) is going to walk into. This is going to be like a museum and gallery, a very important -- and if you're familiar with other similar centers across the country, like the Schomberg Center, you would realize that they have a similar setup and design component. If you give us an opportunity, we can walk you through the actual design. The project manager is here. Tim Barber is here. He's the chair of the board, the Historic and Environmental Preservation Board. He can give you a chance -- This is not just a concrete building. It's -- the utility of this building goes far beyond just concrete. Vice Chair Sarnoff Do you happen to have a site plan that this Commission could see --? Or I guess we're a board. Mr. Hill: Absolutely. We have a design plan. In fact, the reason why we're asking you to address this resolution of the conveyance of this parcel while waiving the covenant that runs with the land is because the impact of redesigning with the architects that have been waiting two years now for payment, the financial impact on that would be extraordinary. So we're asking you, Commissioner -- as the Chair -- Vice Chair Sarnoff Well, is there -- Mr. Hill: -- said -- Commissioner -- Vice Chair Sarnoff -- any reason --? Mr. Hill: -- if you may permit me, just one quick comment. Vice Chair Sarnoff For instance, I have the resolution that I made last time, and it's pretty clear exactly where the 15 feet was to go, and it's pretty clear you didn't design it in accordance with City of Miami Page 50 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 this Board's past resolution. Why wouldn't you do that? Ted Bachan: Commissioner Sarnoff, Ted Bachan, project manager for the Lyric Theater. May I correct you on a couple items? When you made that resolution that board was presented to you. That was -- been drawn since April of this year, so that's item number one. Vice Chair Sarnoff Well, I don't know that that board was or wasn't presented. I do know this - - actually, I do remember it being presented. Mr. Bachan: Yes. Chair Spence -Jones: It was presented. Vice Chair Sarnoff And I remember Commissioner Sanchez and myself both concerned that these two buildings -- and I'm not trying to speak for you -- but these two buildings were too close together, and that's why I required that the parcel be set back 15 feet from the property line of the Lyric. Mr. Bachan: At that meeting, Commissioner, when you mentioned the 15 feet -- you see this point right here? That's the -- this is the -- for everyone involved this is the back wall of the Lyric Theater, the east (UNINTELLIGIBLE) -- Chair Spence -Jones: Tim [sic], did you --? Please put your name on the record. Mr. Bachan: I did. Ted Bachan, project manager for the Black Archives. Chair Spence -Jones: Okay. I didn't know if you did. Mr. Bachan: It's at least -- my understanding of the last meeting was we had to leave 15 feet from the nearest wall of the existing building. Vice Chair Sarnoff No. I'll read it -- Mr. Bachan: I was incorrect. That's my -- Vice Chair Sarnoff -- to you, if you like. Mr. Bachan: May I speak, Commissioner? That's my understanding. I read -- I actually read that yesterday when I went to the City Hall and got the minutes of the meeting. Vice Chair Sarnoff But if you're the project manager, wouldn't you take the exact words of a motion and ensure that you follow exactly the wording of what certainly two board members and Commissioners decided would be the minimum that they would accept? Mr. Bachan: Commissioner, these plans were already drawn when we presented them to you at the -- when you made the recommendation, it was my understanding at the time that you meant 15 feet from the north wall, which would be here. When we met -- Vice Chair Sarnoff Well, here's my words. It says to disallow building on the southernmost part of the parcel within 15 feet closest to Tract 5. That's Tract 5. Mr. Bachan: I -- again, what is Tract 5, this? Vice Chair Sarnoff Correct. It isn't -- your building is not the tract, and you know that. Your building is your property line. City of Miami Page 51 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Mr. Bachan: No. Commissioner, there are four lots over here. Lot 4, which belongs to the Black Archives; Lot 5, which belongs to the Black Archives; Lot 13, which you own 9.8 feet; and Lot 12. We're asking you to deed to us your 9.8 feet of Lot 11 and Lot 12. Vice Chair Sarnoff I don't think anybody here has a problem with the deeding. I think the problem may come -- at least from District 2, with putting a building in what has been described as the signature building within, as I guess it's best described by the director, four feet of a swinging door. Timothy Barber: With all due respect, Commissioner Sarnoff -- Vice Chair Sarnoff It's always assumed. Chair Spence -Jones: Name. Mr. Barber: -- and the Board -- Timothy Barber, Black Archives. There are several issues in terms -- hopefully, that I can answer to you in regards to what we're doing here with the building. The building -- the plans for the building, as he said, was already done as of April of this year, so when the -- when your -- the information came from the Board as to movement, we was [sic] sort of undecided as to what you were asking, but the problem is the need for this building and the size of the building is very important. It's not an administrative building. It is a archive center and museum. We don't -- we do not lose the plaza, which is still in place. The reason why we set the building in this direction, one, is to be sensitive to the 9th Street Pedestrian Mall because, like I said, we own this property as well, but we didn't want to impede the 9th Street Mall because there -- for future events and also future development, we wanted to kind of be sensitive so that we can complement the mall, first of all, by having this green space here for festivals. Now when we're talking about the historic aspects of the Lyric Theater, the historic part of the Lyric Theater is the original building, which was built in 1913 by Jeter Walker. That's the building that you see on the south side. The north side of the building is a welcome center, which was added in 2002; opened in 2003, if I'm correct, latter part, or early 2004, which is the welcome center. You talk about the 50 feet behind -- which, initially, this was before we acquired this land that we were looking at with Block 36. That is fine, but personally, as a preservationist, the impact that the archive center would have on the back, you would directly influence the actual historic part of the Lyric Theater, and I really don't want to mess with the integrity of the theater by building largely in the back to accommodate the archives administrate -- Vice Chair Sarnoff So you're no longer building --? Mr. Barber: Well -- Vice Chair Sarnoff- Let me ask the -- Mr. Barber: Okay. Vice Chair Sarnoff -- question and you can answer it -- Mr. Barber: Okay. Vice Chair Sarnoff -- however you'd like. Let me just get the question out. You are no longer asking for and you are no longer building on the east and south section of your historic theater? Mr. Barber: Well, right now the plans are still to increase the size of the stage so that it can be - City of Miami Page 52 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Vice Chair Sarnoff And -- Mr. Barber: -- a functional -- Vice Chair Sarnoff -- so then -- Mr. Barber: -- theater. Vice Chair Sarnoff -- and how high will you build that building? Mr. Barber: Well, the -- it will be two stories. The only part that exceeds -- now we were approved by the HEP (Historic and Environmental Protection) Board. The only part that would exceed that would be the -- what would that be called, Ted? -- the cupola, the back hang of the backstage would exceed that for -- that can accommodate the high rigging and lights that is needed for the theater. The archives museum building -- Vice Chair Sarnoff What -- and what's the stage of that -- of the plans for that? Where do you set -- where do you stand stagewise for that? Mr. Bachan: Commissioner, we have -- Vice Chair Sarnoff I don't mean the stage. I mean staging of the plans. Mr. Bachan: The staging of the plans. Vice Chair Sarnoff Ten percent complete, fifty percent complete, a hundred percent complete? Mr. Bachan: No. The plans for the stage -- the expansion to the back of the theater -- Vice Chair Sarnoff Right. Mr. Bachan: -- were complete two years ago. They are -- they were four stories, so we can amend those plans to back to two stories for stage expansion. What we have done completed right now is we also had in the original plans where we're going to expand the stage 20 feet to the south to provide wing space. Vice Chair Sarnoff All right. Stop at the four feet -- the four stories. Has four stories been agreed to by any historic board or --? Mr. Bachan: No. Vice Chair Sarnoff Because that would not be historically correct. Mr. Bachan: Correct. Vice Chair Sarnoff How much have you spent on those plans? Mr. Bachan: Eight hundred thousand dollars. Chair Spence -Jones: And that was from the County, right? Mr. Bachan: Yes, ma'am. Chair Spence -Jones: From the bond, right? City of Miami Page 53 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Mr. Bachan: Yes, ma'am. Vice Chair Sarnoff Eight hundred thousand of your ten million dollars? Mr. Bachan: Yes, sir. Vice Chair Sarnoff How much is it going to cost you to build -- should you build your two-story building, how much will that cost? Mr. Bachan: This building here, Commissioner? Vice Chair Sarnoff No, no, the other one. Let's stick with the stage. Mr. Bachan: Probably $4.5 million. Vice Chair Sarnoff How much will it cost you to build the archive building? Mr. Bachan: Right now probably $4.5 million. Vice Chair Sarnoff And how much is it going to cost you to -- the soft cost, the architecturals, the --? Mr. Bachan: Maybe another $2 million. Vice Chair Sarnoff Another $2 million? Mr. Bachan: To redesign the plans -- the original design was 450, 000. We have the redevelopment for this building over here and -- this design you see right here is another 500, 000, so we -- Vice Chair Sarnoff So you have $10 million, of which you've just described -- and correct me if I'm wrong -- a little over 11 or $12 million of needed funding. Mr. Bachan: If you were to add the rear of the building, correct? Vice Chair Sarnoff Right. Mr. Bachan: Yes. Vice Chair Sarnoff Okay. And how much have you fundraised privately? Mr. Bachan: None. Vice Chair Sarnoff Thank you. Dorothy Jenkins Fields: Fundraising -- Chair Spence -Jones: Dr. Fields, you're recognized. Ms. Jenkins Fields: Thank you. Dorothy Jenkins Fields, 5400 Northwest 22nd Avenue. Commissioner, when you asked -- Vice Chair Sarnoff I'm sorry. City of Miami Page 54 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Ms. Jenkins Fields: -- about fundraising, the Black Archives is, in fact, preparing now to fundraise. In fact, we have been working on that for more than two years. We've had to stop putting together a capital campaign in order to deal with land issues. Vice Chair Sarnoff Well, how much did -- Ms. Jenkins Fields: But two years ago -- Vice Chair Sarnoff -- you fundraise at that time? Ms. Jenkins Fields: I need to say this to you. Two years ago, we were able to hire a certified fundraiser, Elizabeth Williams, who is now the executive director of the Black Archives. She comes with credentials that will allow us to develop the capital campaign and do what we need to do. But again, because of our limited staff, she has not been in a position to do very little fundraising because we are -- have had to deal with land issues, like this one. We're on a deadline with the general obligation bond, and because of their timelines, we had to stop almost everything in order to make this happen. And so we're here tonight to ask -- first of all, to thank you for the resolution that would convey the land that the CRA owns that is landlocked by the Black Archives property. We did submit an RFP (Request for Proposals) and I understand we were the only ones to submit. And on that recommendation from the executive director of the CRA, the resolution is that we -- that the land be conveyed to us. What we're here tonight to ask for is that the -- that we get a waiver from the 15 feet that would cause a financial hardship. And we looked at it again today, and the 15 feet really does not make that much of a difference to the plaza, but -- and the integrity of the theater remains the way it is drawn. Now we would have loved to have had beautiful pictures for you, but we can't afford them. I mean -- Vice Chair Sarnoff.- Well -- Ms. Jenkins Fields: -- as it stands -- Vice Chair Sarnoff -- let me -- Ms. Jenkins Fields: -- now, we have to pay the people who have drawn the -- given the drawings for both the east and the north. We've got to give them -- draw down on the money and we can't until we have site control. Vice Chair Sarnoff Dr. Fields, let me just have the person back who made the representation that this has not been approved by any historic board. What's your name again, sir? Mr. Bachan: Ted Bachan. Vice Chair Sarnoff Are you aware that, on June 3, 2008, the City of Miami Historic and Environmental Preservation Board approved the four-story application from you all? Mr. Bachan: No. It was not approved. Vice Chair Sarnoff It says 6-0. Mr. Bachan: No. It was not approved. Vice Chair Sarnoff No. Ms. Jenkins Fields: (INAUDIBLE) chairman of the board. Chair Spence -Jones: Let -- I'm going to turn it over to Commissioner Sanchez and then City of Miami Page 55 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Regalado. Commissioner Sanchez: No, no. I want to listen to everybody before I decide. Chair Spence -Jones: Okay. Let me just say this -- Commissioner Sanchez: Including the public. Chair Spence -Jones: Okay. Let me -- first of all, let me turn it over to Commissioner Regalado. I just don't -- I don't -- we've been talking about this for the last, at least a hundred and twenty days, for staff and Black Archives to sit down and come up with something that everyone could be happy with and that makes sense for what needs to happen in the area. I mean, I think you know that we're committed to giving you the land. I mean, we'll vote on that and give you the land tonight. That's not even a issue. I think the question becomes -- or the concern is -- and I hear Commissioner Regalado, you know, 100 percent. You know, no one was telling the Performing Arts Center what to do. They just did what they wanted to do, you know, so why are we trying to tell the Theater what to do. But I think that because we know already in that area -- and Dr. Fields, you're, I think, the chairperson of the Overtown Folklife District, especially in that little core, people are very concerned about what happens in that area. Trying to keep the essence of what the Overtown Folklife Village and district represents is very important to all of -- everybody that's sitting here that's a part of that same association that you're a part of. So I think what you're hearing is just, you know, inconsistent stories. You know, we hear something different from staff. We see something different in writing. We hear something different from you at different hearings. So I just -- I -- for me, from my perspective, I just want us to get a straight story, you know. And just a few seconds ago, it was stated about Miami -Dade County and if you did not have the $10 million -- if we did not approve the plans, that you could not draw down the monies. I got a briefing today -- and Jim, I need you guys to pay attention -- to say that someone spoke to Michael Springs, and it's also in this paperwork that you guys gave me a copy with that that was not -- and Michael Springs says we have the flexibility. I mean -- so it just seems like the County is saying one thing, the CRA Board is saying one thing, you guys are saying another thing. So you have to understand that we -- we're just confused sitting up here, trying to make the right decision. I can just tell you, off the 9th Street plaza, my question would be -- and I understand that now that you don't have plans, when I look at that wall that faces 9th -- the 9th Street Mall -- not that I want to tell you how to design your building -- my question would be, is that an open space? Is that glass? Is that a glass -- is that a wall that's going to abut the 9th Street Mall, which is --? I know that when Commissioner Teele was here, you know, he spent a lot of money making sure that 9th Street Pedestrian Mall was, you know, a great mall, you know, and hopefully, we want to be able to enjoy it. So is that -- 'cause that's the first time I've seen that. Mr. Bachan: Commissioner, may I answer some of your questions for you? First of all, today was the first day we saw that letter that was provided by Jim Villacorta. We have never seen it until today. From the County or from anyone, we have never seen it until today. Chair Spence -Jones: But why? 'Cause this says June -- Commissioner Sanchez: Madam Chair. Chair Spence -Jones: -- this is June 9. Mr. Bachan: We have never seen it. We never -- Commissioner Sanchez: Madam Chair. Chair Spence -Jones: Today is September. City of Miami Page 56 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Mr. Bachan: Was it addressed to us, Commissioner? Commissioner Sanchez: Madam Chair, I'm going to make a motion to defer this item. Unidentified Speaker: Oh, no. Commissioner Regalado: No, no, no, no, no. This -- it -- it's unfair. We've been deferring this for month and month and month. Commissioner Sanchez: Well, could I get -- Commissioner Regalado: We got to take it. Commissioner Sanchez: -- the floor? Madam Chair -- Chair Spence -Jones: Okay. Commissioner Sanchez: -- couldl get the floor? Chair Spence -Jones: We're not going to fight about -- Commissioner Regalado: No. You don't have -- Chair Spence -Jones: -- who got -- Commissioner Regalado: -- the floor. Chair Spence -Jones: Okay. Commissioner Regalado: You don't have the floor. I asked for the floor. Chair Spence -Jones: Okay. All right. Let -- Commissioner Regalado did ask for the floor, so let me turn it over to Commissioner Regalado. And Commissioner Sanchez, you said you wanted to hear everybody else speak, and then you wanted to speak. So Commissioner Regalado, the floor is yours. Commissioner Regalado: No. I just want to understand what is the issue here because some of the board members have different issues. And I don't have a problem. I think that if we want a plaza because we want people to gather, then we need to have a Lyric Theater where people can gather inside, outside, on the Black Archives. If we can have a center where the culture of the area is presented, that would be the best thing that could happen because even we could organize tourist stops in the Lyric, the Black Archives, and you sell a two -for -one ticket for a specialized tourism, which, by the way, we don't do, and it's our fault. So I don't know if that is the whole issue that we won't have a plaza. I guess that that's what Jim was referring to in the different master planning. Chair Spence -Jones: Okay. Commissioner Regalado: As of the fundraiser, let me tell you. Don't worry about it because I was rather young and I was doing a live program from Miami -Dade County Auditorium in 1984, and at that time on that program, the plans for the Performing Arts Center were unveiled, and the patrons and the board sat there with Commissioner Bruce Kaplan -- Ms. Jenkins Fields: Yes. City of Miami Page 57 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Commissioner Regalado: -- I think it was, who was pushing for the item, and the board promised, 1984, we will fundraise to the tune of $57 million to pay for the then-$87 million Performing Art [sic] Center. Actually, I still keep a recording of that program. And -- well, the rest is history; 1984, 2006, the Art [sic] was open, and the fundraiser from the private sector only reached $17 million of the $57 million, and yet, we, the taxpayer, because we wanted it and because we needed it, have paid almost $500 million to finish the Performing Arts. So when you don't fundraise what you need, you just call the people that were on that board and ask them how they convinced the County to come up with that money so they cannot have to fundraise. But I think that the fundraising issue, to me, is a nonissue because none of the project here in this county have ever fulfilled their goal, at least their public goal, when they have announced the project. Ms. Jenkins Fields: Well, Commissioner, we expect to do that. And Chairman [sicJ Spence -Jones, we ask earnestly that this project not be delayed any longer and that, one, you vote tonight to convey the land, and we will then go back to the drawing board with staff and work out whatever plans need to be worked out. Chair Spence -Jones: And then bring it back to us for final approval? Ms. Jenkins Fields: Yes. But please convey the land tonight. We will not do anything else, just convey -- Chair Spence -Jones: And we -- okay -- Ms. Jenkins Fields: -- give us the documents conveying the land, and of course, we will work out everything else. Chair Spence -Jones: Okay. Thank you, Dr. Fields. Madam City Attorney -- Commissioner Sanchez: Can I get --? Chair Spence -Jones: I'm going to turn it -- I just want to ask Madam City Attorney about this from a legal perspective. Did you hear what Dr. Fields just mentioned or at least proffered regarding this issue of the agreement? Is that something that you would feel comfortable with? And Jim, I want to have you expound on -- I think that -- is that -- basically, what they're saying is they want to have the ability to at least say that they have the land, but in the midst of all of this, they still have to come back to us for the final approval from -- on the overall plans before the land is actually given to them. Madam City Attorney -- Gail A. Dotson (Assistant General Counsel): I can answer this, but I think special counsel is working on this matter. Chair Spence -Jones: Are you working on this matter? William R. Bloom (Special Counsel, Community Redevelopment Agency): I have not been, but we -- you know, it's easy to do a conveyance, subject to a deed restriction that would require any development on the property -- Chair Spence -Jones: Okay. Mr. Bloom: -- to be subject to CRA Board approval, and that way they would have -- be vested in title, but they couldn't develop it, couldn't get a building permit until you had approved -- Chair Spence -Jones: Bill, I don't know, for some reason when you talk on the mike -- City of Miami Page 58 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Mr. Bloom: -- what was being developed on the property. Vice Chair Sarnoff Bill, are you saying that you can -- Chair Spence -Jones: Okay. Vice Chair Sarnoff -- convey -- I apologize, Commissioner -- are you saying you can convey a fee simple absolute title warrantee deed with the provision subject to approval of this Board for the building? Mr. Bloom: You'd do a covenant running with the land, so it's a deed restriction. Vice Chair Sarnoff Right. Mr. Bloom: All right, just like you could do a deed restriction saying you can't develop on the south -- Vice Chair Sarnoff Right. Mr. Bloom: -- 15 feet -- Vice Chair Sarnoff I think there are reasons you can't do this, but as long as you're willing to put Holland & Knight's full faith and credit behind that, I got no problem with that. Chair Spence -Jones: From one attorney to another, but let me just say this. My only thought on that -- and I know we had a discussion, but I just want to be very clear. Now the land that they're asking for, you know -- and the land that's attached to it, which you already have, how are we going to put a deed restriction on land that is not -- I mean, some of it -- some of the building's on our land, some of it's -- Mr. Hill: Madam Chair, the resolution as is is a conveyance with a deed restriction of a covenant running with the land, the 15 feet on the southernmost portion of the parcel. We're okay with that. We're just saying to you that that deed restriction is a financial hardship to the Black Archives because we'll have to redo the plans, an additional couple hundred thousand dollars to do that. So we're asking you to -- what we're asking you perfectly -- in a perfect world is for you to approve the resolution with a waiver of the deed restriction. If the Board is -- Chair Spence -Jones: And -- Mr. Hill: -- not comfortable with that -- Chair Spence -Jones: -- Mr. Hill, and what you're saying is, you haven't -- you -- well, Commissioner Sanchez is saying what plans. We haven't seen the plans. But what you're saying, Attorney Hill, is that if we approve it and support it tonight, then this would allow for you to go to the County to draw down additional dollars -- Mr. Hill: Correct. Chair Spence -Jones: -- to then come back to us to -- with the changes on the plans or if there -- if, by chance, when staff sits down with the Black Archives team, then there -- if there needs to be adjustments because now you're able to pull down the resources -- Mr. Hill: Correct. City of Miami Page 59 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Chair Spence -Jones: -- you're able to make those adjustments. Right now, there's no money to do that. Is that what you're --? Mr. Hill: Site control is critical for the Building Better Community GOB Bond to be -- for us to draw on those funds, correct. Chair Spence -Jones: Okay. I just think that it's important for you to say that because you have people up here stating, well, how are you going to do any -- how are you going to show us any plans later if you can't show us now? And I think the biggest part of that is you need to show the County that you have site control so that you can at least draw some of it -- down some of those dollars to make the adjustments on the plans. Is that a true statement? Mr. Bachan: Yes. Yes, Commissioner. Chair Spence -Jones: Okay. Mr. Bloom, you're recognized. Mr. Bloom: Commissioner, first -- Chair Spence -Jones: And then after that, Commissioner Sanchez. Mr. Bloom: -- of all, and to the extent that the Commission, as a condition of conveying the property, wants to impose restrictions -- Chair Spence -Jones: Bill -- Mr. Bloom: -- not only -- Chair Spence -Jones: -- your -- I have to say, your wife must love you. Mr. Bloom: -- on this property -- Chair Spence -Jones: In the mike. It's hard for us to -- Mr. Bloom: -- but on the property owned by the Black Archives, that can be part of your resolution; number one. Number two, my understanding of the resolution that you're talking about is one where they would have to come back to the Board for approval of any site plan on that property, and the approval of the resolution today to convey the property subject to a deed restriction would not be deemed or construed to be approval by this Board of the plans that they're presenting today that they say are -- is a hardship, right. And so they shouldn't take any comfort that you're doing the conveyance to give them site control that by the fact that they gave you a site plan today, which you haven't approved, that they can come back at a later date and say, well, I presented it to you at this board meeting. That was what we intended to do. Chair Spence -Jones: All right. Mr. Bloom: Because I think the Board is not recognizing their hardship and agreeing that that site plan works from the CRA's perspective and you want input from the County as well. Chair Spence -Jones: Right. I just got to say this and pass it over to Commissioner Sanchez. You know, I don't have a problem with -- from my perspective, as the district Commissioner, supporting the project. I want to be very clear. I do have concerns with, however -- with what I'm seeing and the confusion centered around -- any time you got confusion, you got mess, you know, so that is the concern that I have when I'm hearing, you know, the presentations today regarding, you know, what's going to happen. I do feel a little better knowing that if -- you're saying to me if you convey the land -- if we conveyed the land today -- or tonight, that regardless City of Miami Page 60 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 -- you know, you're still going to sit down with the CRA staff to work out some sort of -- make sure that everybody's on the same page -- Unidentified Speaker: Correct. Chair Spence -Jones: -- before it comes back to us for final approval -- Mr. Hill: Correct. Chair Spence -Jones: -- and it still has to come back to us. I wouldn't have an issue with it. Now, if you're saying something else, then I don't know if you're going to have the votes up here. I'm just going to tell you, I don't think you're going to have the support. And I would hate to not be here in support, so I'm going to turn it over to Commissioner Sanchez and let him have his say. And he's scratching his head over there. Commissioner Sanchez: Well, look, I want to make it very clear, Mrs. Fields, I've always supported you; I support the Lyric Theater. I want to state that, but I'm confused here on this issue, okay? I don't think there's a problem here with us conveying the property to you, but I think that we, as a Board, need to have a conveyance, somehow assurance -- there's a lot of pending issues here that are set forth. I know that the 15 feet -- that the design of the building -- I don't want to get into that because that's not even an issue right now. Now, ifI could recall correctly, and I'm trying to think back when we had this meeting, the points that the Commissioners made. I remember the -- Commissioner Sarnoff making the 15 feet. It was always my understanding it was from the baseline of the building, 15 feet extending so the buildings couldn't be so close together. The other one was that we wanted to make sure that you put together a community benefit package, which I believe you did, okay, and also a complete design of the building that was going on the land. I have yet to see that. I have -- Mr. Bachan: Commissioner -- Commissioner Sanchez: -- not seen that, sir. Mr. Bachan: -- we presented that in the RFP when we responded to the RFP. Commissioner Sanchez: Okay. Now it is also my understanding that you have some concern about losing the money in the County, but there's been some assurance from Michael Springs that the money is safe; that the money is in no way in jeopardy of being lost. Mr. Bachan: Commissioner, may I clam that for you? We cannot draw down any funds until you have site control. Commissioner Sanchez: Okay. All right. Well, listen, based on this, you have to go back to the County and negotiate with the County for that 50 feet. You're going to end up doing that, correct? You got to do it. Mr. Bachan: Yes. We're going to request the 50 feet, but that doesn't impact what we're doing right now. Commissioner Sanchez: Well, I think that, from what I've gathered here, there may be support to convey the land, as long as there are conditions that you're going to have to meet, okay? All right. Because your biggest concern is you've got to get possession of that land. Mr. Bachan: Correct. Commissioner Sanchez: But I cannot stand here and just turn over the land to you without City of Miami Page 61 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 conveyance or assurance, both legal assurance and a covenant, guaranteeing that some of the things that are going to get done for assurance that we protect our assets, which is the CRA's property, okay. So I think the Board has no objections of deeding the land to you, but there has to be several things put on the record as covenants to assure that that does happen. Maybe you have the votes, maybe you don't have the votes -- Mr. Bachan: Can we have --? Commissioner Sanchez: -- butl think those are the things we need to clear out here. Mr. Bachan: Sure. Can we have what those covenants will be so we're all clear what it is? Commissioner Sanchez: Well, we could put some covenants on the floor. I mean -- first of all, there'll be no construction as it is right now on the property. So therefore, there -- just would turn the property over, but there's no construction, no plans presented to us in any way as it is right now, correct? Mr. Bachan: No. We've -- so you're saying that you'll convey the land, but we will not build the building as designed. Commissioner Sanchez: You will not construct -- you will have to come back to us -- Mr. Bachan: On the design. Commissioner Sanchez: -- with a plan that this Board will approve. Mr. Bachan: With a design this Board will approve. Commissioner Sanchez: Okay, so therefore, that what you've shown me there, it's -- which is -- I don't want to even get into that 'cause you're not going to like what I have to say, okay. You're not even going to like what I have to say about that. But I think those are the things we need to air out and put on the table. The 15 feet setback from the property line -- Mr. Bachan: Okay. Commissioner Sanchez: -- okay, 'cause that building is way too close. Mr. Bachan: Okay, so you want no construction south of the 15 feet. Commissioner Sanchez: That's one -- Mr. Bachan: Fine. Commissioner Sanchez: -- of the things that I've put as a covenant. The other one is that the County's going to have to give you those 50 feet. You got to come back to us -- and the County's going to give you that -- the 50 feet. That's not going to be a problem. Mr. Bachan: Commissioner, respectfully, we've been -- I have been dealing with the replat of this 50 feet for five years. The replat, so you know, expired June 30. That's another -- the replat of the land, you're looking at at least a minimum of two years, minimum. The replat that was approved has expired June 30. Mr. Villacorta: However, in the CRA, you can begin construction on a tentative plat. If I could also let you know that this plaza is an approved Dade County project number with a -- project with a project number. It called for a bus comfort station because there was supposed to be City of Miami Page 62 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 historic tours and the people could get off on the plaza. Any development along the 9th Street Mall was supposed to have retail and pedestrian friendly facades facing onto the 9th Street Mall. Mr. Bachan: And it will. Mr. Villacorta: That is not -- Mr. Bachan: We have that. Mr. Villacorta: No. That is not what the -- Commissioner Sanchez: That -- Mr. Villacorta: -- yellow shoebox is. I mean, this was supposed to be -- Chair Spence -Jones: Okay. All right. Commissioner Sanchez: That's as far as (UNINTELLIGIBLE). Chair Spence -Jones: Whatever we're going to do, we're going to be respectful. Mr. Villacorta: Yeah. Well, I mean the yellow box was not -- Chair Spence -Jones: I know, but it's not a shoebox, so we're going to be respectful -- Mr. Villacorta: Okay. Chair Spence -Jones: -- whatever we're talking about, okay? Mr. Villacorta: And we -- Chair Spence -Jones: So -- Mr. Villacorta: -- also have the minutes from the HEP Board, where the four-story building was approved with conditions. Mr. Bachan: Commissioner, that is not true. We should not say things -- Chair Spence -Jones: Well -- Mr. Villacorta: We have the minutes -- Mr. Bachan: It's not been approved. Mr. Villacorta: -- right here. Mr. Bachan: The Commiss -- the chairperson is standing right here. It was not approved. Chair Spence -Jones: But Ted -- Commissioner Sanchez: The document's right here. Chair Spence -Jones: -- it's hard -- the document -- well, can you look at this doc -- ? Mr. Bachan: Sure. City of Miami Page 63 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Chair Spence -Jones: Have you seen this document -- Mr. Bachan: May I approach? Chair Spence -Jones: -- Mr. Barber? The chair -- the chairman, have you seen this? Commissioner Sanchez: Public hearing item, application for a certificate of appreciation [sic] dah, dah, dah, dah, and it says resolution dah, dah, dah, dah. Chair Spence -Jones: Was Tim -- was Ted -- was Mr. Barber there? Maybe he was not there. Mr. Barber: I was recused from the item. What's the -- Vice Chair Sarnoff He recused himself. Mr. Barber: -- date on that? Mr. Villacorta: June 3. Mr. Barber: What's the date, please? Commissioner Sanchez: It's right here, sir. I mean, unless this is a document that's been forged. Mr. Barber: May I step forward, please? Chair Spence -Jones: Yes, of course. Commissioner Sanchez: Yes. It's right here. It's 6-0 it passed. The west elevation of the additional shell should be -- (UNINTELLIGIBLE) see if you could read it there. Mr. Villacorta: And this is Ms. Ellen (UNINTELLIGIBLE) understanding too is that -- Vice Chair Sarnoff.- Uguccioni. Mr. Villacorta: -- it was approved. Vice Chair Sarnoff Uguccioni? Mr. Villacorta: Guccioni [sic], I'm sorry. Guccioni. Vice Chair Sarnoff Are you Italian? Mr. Villacorta: No. Mr. Barber: No. This is not correct. Commissioner Sanchez: It is not correct? Mr. Barber: This is not correct. What was approved was the two-story addition to the building. The only thing that appeased four-story is the Heisenbottle original part, which is the stage. Chair Spence -Jones: Well, where did this come from? We got this offline [sic]. Mr. Villacorta: We got it from the HEP Board staff City of Miami Page 64 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Mr. Barber: I believe that is not correct. Chair Spence -Jones: Okay. Mr. Barber: It's not -- Chair Spence -Jones: All right. We're going to go back -- Do you understand why it seems messy? And do you understand why it's hard to vote on something, you know, blindly? It's like you -- Tim -- Mr. Barber, you know I trust anything that you tell me, okay. So if you're telling me that it's not true, I'm going to believe you. But I got to also look at this is a City document. How do I make a decision, as a chairperson, as a person that's responsible for the district, when I got a City document saying something totally different. That's asking -- I can't speak for anybody else, but that's asking me to be irresponsible. Yeah. Do you understand what I'm saying? Ms. Jenkins Fields: Not only -- I was at the meeting, and prior to that, we received a letter from the State because the HEP Board had contacted the -- Dave Farrell (phonetic) at the State to get their recommendation because the Lyric Theater is on the national register, and to find out whether or not the integrity of the theater would be compromised if, in fact, a four-story building -- the massiveness of a four-story building was there. Chair Spence -Jones: Is there anybody from the HEP staff here? Okay. Ms. Jenkins Fields: Commissioner, we go back -- Chair Spence -Jones: We're going -- you know, we're going -- Ms. Jenkins Fields: -- to the -- Chair Spence -Jones: -- to be going back -- no matter what, we're going to be going backwards and forwards, and I know that you understand my view -- Attorney Hill, you understand my viewpoint. It's very hard for me to make a decision and be irresponsible, even though I trust what -- exactly what you're saying, I have it in writing. Commissioner Sanchez: But in good judgment, don't put anyone up here to make that decision where -- Mr. Hill: Certainly, sir. Commissioner Sanchez: -- overall it might jeopardize -- Mr. Hill: Certainly, Commissioner. We were comfortable with you approving the conveyance with the restrictions as, you know, you started to state. And if you wish, alternatively for us to defer and clean this up and come back, you know -- Commissioner Sanchez: I think the best thing to do is -- Mr. Villacorta: Maybe -- Commissioner Sanchez: -- to defer the item -- Mr. Villacorta: -- the best thing -- Commissioner Sanchez: -- and allow you an opportunity to sit down with the Administration, iron out a lot of these issues, and then come back at the next Commission [sic] meeting. City of Miami Page 65 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Mr. Villacorta: And maybe we could -- and I spoke with the County -- Commissioner Sanchez: I mean, next CRA meeting. Mr. Villacorta: -- today and they were amenable to meeting to discuss this 50 feet. If the Board wanted to pass a motion saying that they support conveying the 50 feet in accordance with this letter -- Vice Chair Sarnoff I'll make -- Mr. Villacorta: -- we'll meet -- Vice Chair Sarnoff -- an ore tenus motion that we support the -- Commissioner Sanchez: Second. Vice Chair Sarnoff -- conveyance of the 50 -- Chair Spence -Jones: We have a motion and -- Vice Chair Sarnoff -- feet. Chair Spence -Jones: -- a second on the 50 feet, so we'll have that as your supporting document that you need. All in favor? The Commissioners (Collectively): Aye. Chair Spence -Jones: That item passes, so that's -- Commissioner Sanchez: Okay. Chair Spence -Jones: -- one thing -- Commissioner Sanchez: Move to defer the item. Vice Chair Sarnoff Second. Chair Spence -Jones: Okay. We have a motion and -- Mr. Hill: That's not the item. Chair Spence -Jones: -- a second on this item to defer it with the -- Okay, all in favor, first of all. The Commissioners (Collectively): Aye. Chair Spence -Jones: All right. This item passes, so this item will be deferred. I think that Mr. -- Commissioner Sanchez -- it's late -- has made a statement that it's important that CRA staff once again, sit down with Black Archives -- and Attorney Hill, I think you should be -- Madam City Attorney, be at that meeting; Bloom, be at that meeting so that we can get the whole thing resolved. I would like to attend one of those meetings, 'cause I'm sure that you guys are going to be involved in many of them, so that I can have a clear understanding so there's no confusion when it comes back in front of us and that we're not making a decision blindly. Mr. Hill: Sure. City of Miami Page 66 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Chair Spence -Jones: So this item is deferred until the next CRA meeting. Okay. Unidentified Speaker: Need a motion. DISCUSSION ITEMS 17. 08-01016 CRA DISCUSSION DISCUSSION REGARDING CHANGE ORDER FOR THE NORTHWEST 3RD AVENUE STREETSCAPE PROJECT. Cover Memo.pdf DISCUSSED Chair Spence -Jones: We are going to move on to discussion item number 17, which means -- I think that this is the item that Commissioner Regalado was looking for. Commissioner Regalado: No. I -- Chair Spence -Jones: And that means Mr. -- Commissioner Regalado: -- just ask you if this was the mistake. Chair Spence -Jones: -- Mistake, please step up to the podium. Oh, that's not you, okay. Well, can our CIP (Capital Improvements Program) director step up to the plate? Ola Aluko: Thank you, Madam Commissioner. Ola Aluko, director of CIP. I'll yield to the chairperson to introduce the item. I'm sorry. I'll yield to the executive director to introduce the item. Chair Spence -Jones: Okay. James H. Villacorta (Interim Executive Director, Community Redevelopment Agency): Yeah. This is a discussion item regarding the change order on the Northwest 3rd Avenue streetscape beautification project. The -- Mr. Aluko: I believe in the June or May meeting, this item came before the Board and there was a misunderstanding that there was a mistake made on the Northwest 3rd Avenue project and a change order was forthcoming for a million dollars plus. It was convoluted, and I had come before the Board and asked the Board to give us time to look into this change order, it was still premature, and we believe that we can iron this thing out to where the CRA does not pay more than what they needed to pay. And just as we thought at the time, the change order was something within reason. The change order was an item which was expected. A brief history of the project. We were to let the project out early this spring. However, due to some changes or revisions by Miami -Dade WASA (Water and Sewer Authority), we had to extend and upgrade the waterline from six inches to twelve inches, and also extend it another five blocks. However, we could not wait for WASA to give us that directive without impacting the overall project schedule, so we went ahead and let the project out with the understanding that a change order will be forthcoming with these upgrades. The CRA executive director was aware of it, so was his staff, and of course, so was the CIP staff. At the appropriate time, once the contractor -- I mean, once we did get the directive from the WASA department, our contractor priced the additional work and we did receive a price, which we've combed through, we vetted it through, and we believe the price is equitable. Now what caused confusion, though, at that same time, there was an error made by our contractor. He, I believe, excavated, which he excavated without having a survey and he hit some existing FP&L (Florida Power & Light) duct bank. That error was, unfortunately, relayed over to you guys. The contractor went ahead and he ate the cost to City of Miami Page 67 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 redirect the waterline at no cost to the City -- at no cost to the CRA. He's admitted his error. As a matter of fact, he's already corrected the error. The waterline has been installed in accordance to the drawings in which he did permits. So that issue is a nonissue as far as the CRA. However, we did have the final change order on the waterline. We've reviewed it, we've evaluated it, and we believe the price in which the contractor has submitted is fair and equitable. There were some additional owner -requested changes, which the CRA executive director can expound upon, which our contractor did submit a price upon. We have reviewed the prices, and we feel that those prices are also equitable. So, basically, we will be submitting roughly -- I'll round it off to a million dollar change order for this owner -driven change -- owner -driven request and also additional work as directed by Miami -Dade Water & Sewer. So, again, there was no error that will affect the CRA. The error that did occur was eaten by the contractor. Commissioner Sanchez: Is the money there? Mr. Villacorta: Yes. You don't even need to appropriate any more money for this project. We had a contingency in this project, and we also have a sidewalk project for this area, which is where we're paying for the additional drainage, which was a -- Commissioner Sanchez: All right. Mr. Villacorta: -- I don't know if that was owner -requested or if that was -- Mr. Aluko: Owner -requested Mr. Villacorta: -- something that was -- Vice Chair Sarnoff Well, let me be a good steward -- Mr. Villacorta: -- deemed necessary. Vice Chair Sarnoff -- here. Who's the owner that demanded the change? Bring that person before me now. Mr. Aluko: It's a need. Vice Chair Sarnoff Okay, Jim. Mr. Villacorta: The change that we requested was to upgrade the waterline because the Board had stated we're doing this in Omni; what are we doing in Overtown? When CIP said this waterline is substandard and we're just going to be tearing up this road, we have the money in the contingency for this project. The waterline is roughly 300, 000. We also added uplighting at all the trees down the street so that we could have the holiday decorations, and that was an item that the Board requested. There was additional drainage which was -- which came about as a result of starting the construction before the plans were completely finalized, and that's a design -- or engineering -driven change. Again, those funds, you've already allocated them between the resolution funding this project and the sidewalk project that we have ongoing. And that change of the continuous drain along the sidewalks was, perhaps, the bulk of the change order. Mr. Aluko: That's correct. That was the bulk of the change order. Mr. Villacorta: And I can tell you I was out there during tropical storm Fay, and your feet are not in a puddle anywhere along those sidewalks. Vice Chair Sarnoff Can I -- I have some sections ofBrickell. Can I hire you, if that's the case? City of Miami Page 68 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Mr. Aluko: You've already hired us. Vice Chair Sarnoff If you work that magic over there, maybe -- Mr. Villacorta: Well, I have to do Bayshore Drive for you first. Vice Chair Sarnoff There you go. Commissioner Regalado: Remember, that's the second change order. The first was the one that trigger the discussion on when we were -- Chair Spence -Jones: Commissioner Regalado, you're recognized. I'm sorry. Go ahead. Commissioner Regalado: I'm just saying, look, I just want to thank you and thank you because you brought down the cost because the -- and I did research -- remember that the Chair said nobody brief me? Nobody brief me now, but I did some research on that project because someone said to me you should look into this and I started asking people. The first change order that we never approve because it was going to be before us, and I don't even know if you signed on it, but it had like a million more than what you now are requesting. And it had things that you cannot imagine, like 24-hour police, you know, for the tune of $150, 000 a week or something like that. And I just want to say, you know, I'm glad that you got in. I'm glad that Jim got in 'cause we would have approved it because we don't know. And like Board Member Sarnoff says, always -- I mean, it's the taxpayers' money. So I just got lucky that someone said you should look into this and that and I started asking and asking. But this should be a lesson because that first change order that never came public was unfair to the CRA. So I just want to thank you guys 'cause you were able to -- I mean, we have to do it, we have to do it. Mr. Aluko: Commissioner, typically what happens is -- and I'm not saying this to all contractors, but usually a contractor will submit a request for change, and then we, staff, will have to review it. Some -- certain items we agree on and certain items we reject. And at the time it was brought to your attention, staff had not done -- Commissioner Regalado: No. Mr. Aluko: -- the due diligence -- Commissioner Regalado: Correction. Do not make me talk anymore. Mr. Aluko: Okay. I rest my case. Commissioner Regalado: I just -- I guess -- correction, it was approved by a supervisor, but anyway -- Mr. Villacorta: We'll be bringing back a resolution when we have the final number probably at the next meeting, but again, we'll fund that change order from the existing contingency on this project and sidewalk. Chair Spence -Jones: So we're not tapping into any new money. Mr. Villacorta: Right. Mr. Aluko: That's correct. Chair Spence -Jones: Okay. When are we going to be completed? Like I know I saw some blacktop -- I know -- and everything is looking great, but when are we going to be finished? City of Miami Page 69 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Mr. Aluko: We will be done by the end of the month. Chair Spence -Jones: End of the month. Mr. Aluko: Yes. That's on our project schedule. We have listened to the community's concerns. We made some adjustments for the school start. By the end of the month, we should be done, and you'll -- the community will still see some equipment around the beginning of October, but the bulk of the work will be done by the end of the month. Chair Spence -Jones: Okay. Thank you, Ola. Mr. Aluko: You're welcome. Chair Spence -Jones: Really appreciate it. NON -AGENDA ITEMS NA.1 08-01059 CRA DISCUSSION PERSONAL APPEARANCE BY FORMER COMMISSIONER ROSARIO KENNEDY INTRODUCING THE NEW OWNER OF KARU & Y RESTAURANT, CLIVE SEECOMAR. DISCUSSED Direction by Chair Spence -Jones to the Interim Executive Director to meet with the new owner of Karu & YRestaurant, Clive Seecomar, to schedule an item on the agenda of the next CRA meeting currently scheduled for September 29, 2008. Chair Spence -Jones: All right. I know that we have the Midtown CRA (Community Redevelopment Agency) -- James H. Villacorta (Interim Executive Director, Community Redevelopment Agency): Yes. Chair Spence -Jones: -- but before we take that up, I think Commissioner Regalado has asked -- Commissioner Regalado: No. I just want to call Rosario Kennedy, former City Commissioner Rosario Kennedy because she introduced me -- and I'm sure that all the members of the Board -- to the new owners of Karu Y[sic] and -- Commissioner Rosario Kennedy: Thank you, Commissioner. Good evening. Commissioner Regalado: -- you know, I think that the first -- I know that most of us attend the first grand opening, and we were dazzled by the place, but then we forgot about it, and the place cave in. And now there are some people who are my idols in courage because they have taken up the time and the resources to bring back Karu Y[sicJ, and I think it's a spectacular -- I think that this area could offer a five-star club/restaurant, or six stars, I don't know. But I just want to Commissioner Kennedy: Well, thank you, Commissioner. And with me tonight is indeed Clive -- Mr. Clive Seecomar, the new owner of Karu & Y. He purchased this restaurant to resurrect this part -- a very important part of the redevelopment project, that is the Media & Entertainment District. You all -- like you said, Commissioner, you all have been there. You know what a gem it is, but we need the City's and the CRA's support to make sure that this, you know, will succeed this time, and with me is Clive. City of Miami Page 70 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Clive Seecomar. Good evening, everyone. I'm Clive Seecomar, the new owner of Karu & Y. For anyone that doesn't know where Karu & Y is, it's the building adjacent to this one on the west side of where we are. Karu & Y closed because of several reasons, some of them being the location, and basically, that's the one I'm more focused upon and asking the support of everyone involved or anyone that can help in improving all the -- several things that are -- I see that has caused the facility to go down. I, myself, have invested millions of dollars into the area. I'm still investing. I am doing a lot of advertising to bring people to this area. However, the area itself as we all know, needs some cleanup, development, and for people to leave, you know, another area, or better areas in the City to come here, we all need to do a lot of work. I'm doing my part, and I think if everyone involved helps me, we can all make this whole area not a five-star area, but at least an area that is developing, which I am compared to the Meat Packing District of New York, where no one wanted to go at one time, and then one brave person went and invested a lot of money and was able to make that whole area developed to where it is today, where a whole bunch of investors were able to put restaurants, nightclubs, hotels. And I think if they can do it in New York, we can do it here. I cannot do it alone, but with everyone's help, I think we can all make a big change in this area and make it another Meat Packing District of New York or small New York of Miami. Basically, you know, I'm not asking for a lot of help in many things; simple things, like more police presence. I think police presence is important because clients coming from Brickell or South Beach or any other area in the whole City of Miami would feel a lot safer seeing a lot more police presence. The second thing is cleaning up 14th Street area, which near to the railroad tracks, it's, you know, not -- the appearance is not very beautiful. It's not a lot of money to clean it up, and you know, so -- also, I think a little more lighting in the streets on 14th Street because, you know, you go from Biscayne Boulevard, which is such a beautiful street today because it has been developed with hundreds of millions of dollars, and then you turn onto 14th Street and then the whole picture or the whole image changes. I don't think a lot is needed to make people feel safe coming into this area. With some more lighting at night because it's -- basically, what I am offering is more of entertainment -- night entertainment and restoration, which happens mostly in the evening and at night. People needs to see more lighting. More lighting in the area will also prevent crime, will prevent, you know, the less fortunate people from, you know, being -- loitering all over the place. Also, I would like to build a sound and security wall in certain areas next to the train track for a mutual benefits of the residents of the area and also for myself to prevent the sound from traveling at night into those areas. It will serve as a dual purpose of sound and security barrier. This wall would be built on the side of the railroad track and then in the back on 14th Street -- I'm sorry, 15th Street. Also, the 15th Street area, I think, needs to be cleaned up and developed a little bit so -- because there's another entrance that we can make in that -- on that street itself. On top of that, there's only one other -- Chair Spence -Jones: Yeah. Let -- first of all, thank you for coming to introduce yourself. Mr. Seecomar: Thank you. Chair Spence -Jones: And -- Commissioner Sanchez: We got some good news for you. Mr. Seecomar: I'm sorry? Commissioner Sanchez: We got some good news for you. Mr. Seecomar: Oh, excellent. Chair Spence -Jones: And what I really wanted to -- at least by acknowledging, of course, our former City Commissioner, giving her the opportunity to at least bring you forth. But it is City of Miami Page 71 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 suggested that it's actually being placed on the agenda for the next go -around because we don't take requests, you know, from the floor. Normally, we don't do that, so there's a process that you should go through with Jim regarding it, but I thought the introduction -- I think the introduction was great, and we understand what the issues are that you have now encountered. We've been dealing with them for God knows how long, so just know that we're committed to the redevelopment of the area. That -- I'm glad that Commissioner Regalado thought that it was important for you to come. It provides jobs. It provides revitalization for the area, which is very important, and we need it. We just want to make sure that we -- whatever we do for you, we want to be able to do for others that come, so we do have a process. And I would like to at least direct that you get with Jim to work on doing that, but I do know Commissioner Sanchez wanted -- I don't know what the good news he has to tell you, but maybe, perhaps he wants to -- Commissioner Sanchez: It's my understanding, doesn't -- 14th Street, doesn't it have a lighting? Mr. Villacorta: Yeah. This will be part of the 14th Street improvements that we'll be starting construction on in April. We've, of course, got the increased policing grant that we provided 60 days ago, and I believe those police -- Commissioner Sanchez: See how fast we work? Mr. Villacorta: -- are out. I've had one meeting with Mr. Seecomar, and I welcome meeting with him again and seeing what we can do to make him at ease with his investment in this area, which we appreciate very much. Commissioner Sanchez: Jim, let me tell you something -- Commissioner Kennedy: Commissioner -- Commissioner Sanchez: IfI may, Commissioner. You want to take the opportunity -- Commissioner Kennedy: No, no, no. Commissioner Sanchez: -- Rosario Kennedy, who is here with us -- Commissioner Kennedy: Never interrupt a Commissioner. Commissioner Sanchez: No, no, no. You're always a Commissioner. You know, the first restaurant, which I'm not going to name names, for whatever reason, did not succeed. We have to do our very best -- if we want to promote economic vitality and improve the quality of life in that area, there is no way -- and we need to work with him and all the resources to make sure that his restaurant does not fail. Because if it does, you're going to be sending out a clear message from here to New York to San Francisco and across the world that two incredible restaurants have failed. And I guarantee you, I wouldn't see an investor from anywhere in the world coming in to open up a restaurant in that area. However, if he succeeds, I guarantee you there will be other investors coming in to open up same level -- I don't know if they could compare to that restaurant -- but same level of restaurant, same service of restaurant, so we want to make sure that it's a win -win situation for all of us here at the CRA. Commissioner Kennedy: Madam Chair -- Mr. Villacorta: Definitely. Commissioner Kennedy: -- to address your -- Chair Spence -Jones: Sure. You're addressed [sic]. City of Miami Page 72 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Commissioner Kennedy: -- remarks about being on the agenda, I did ask Mr. Villacorta, and he said that the agenda was too full; perhaps, we could get -- he could get some direction from you to work with us -- Chair Spence -Jones: Yes. As I stated earlier, I would like to direct the CRA director to work along with you guys to come up with something and bring it back for the next agenda. Commissioner Kennedy: And the opening is on the 25th -- Chair Spence -Jones: Okay, yeah. Commissioner Kennedy: -- of September. Chair Spence -Jones: But thank you so much for coming in. Commissioner Kennedy: Yes. Look for your invite. Commissioner Regalado: Thank you. Chair Spence -Jones: Thank you. Mr. Seecomar: Thank you very much. Chair Spence -Jones: No problem. Mr. Seecomar: Thank you. Chair Spence -Jones: And I want to thank Eugene Rodriguez for allowing us to be -- Vice Chair Sarnoff Wait, wait, Midtown. Chair Spence -Jones: -- here, the owner. Vice Chair Sarnoff Midtown, Midtown. So moved. Mr. Villacorta: Yeah. Chair Spence -Jones: Okay. Yeah. Mr. Villacorta: You want to adjourn? Chair Spence -Jones: I'd like to officially adjourn the meeting. Pamela E. Burns (Assistant Clerk of the Board : You adjourn this meeting and then -- Mr. Villacorta: Call to order. Ms. Burns: -- Chair Sarnarff [sic] -- I'm sorry. Sarnoff is the Chair of Midtown, so you need to open the Midtown meeting. Mr. Villacorta: Call -- Vice Chair Sarnoff You had trouble with that name, why is that? Well, I'm -- what's about that name? City of Miami Page 73 Printed on 9/15/2008 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes September 3, 2008 Chair Spence -Jones: Okay. We have the Midtown meeting, which should be a short meeting. Go 'head [sic]. City of Miami Page 74 Printed on 9/15/2008