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HomeMy WebLinkAboutSEOPW OMNI CRA 2009-04-27 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com CPI • IN Q9P 139i1i? ▪ I1JYD Meeting Minutes Monday, April 27, 2009 5:00 PM DOUBLE TREE GRAND HOTEL 1717 N. BAYSHORE DRIVE MIAMI, FL. 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 April 27, 2009 Present: Commissioner Sanchez, Chair Spence -Jones and Vice Chair Sarnoff Absent: Commissioner Gonzalez and Commissioner Regalado On the 27th day of April 2009, 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 Double Tree Grand Hotel, 1717 North Bayshore Drive, Miami, Florida. The meeting was called to order by Chair Michelle Spence -Jones at 5:11 p. m. and was adjourned at 6:17 p.m. Note for the Record: Commissioner Sanchez entered the meeting at 5:18 p.m. ALSO PRESENT: James H. Villacorta, Interim Executive Director, CRA Gail A. Dotson, Assistant General Counsel, CRA William R. Bloom, Special Counsel, CRA Pamela E. Burns, Assistant Clerk of the Board ORDER OF THE DAY Chair Spence -Jones: Okay. We're going to go 'head [sic] and get started. And I do have a prior engagement at 6:30, so I know we're going to lose a quorum, so I don't want to waste a lot of time. And as soon as Commissioner Sanchez comes in, we'll pick up the rest. But at this time, we're going to go 'head [sic] and start the meeting. Welcome to the CRA (Community Redevelopment Agency) meeting for Monday, April 27. We'd like to officially, once again, welcome everyone. Madam City Clerk, is there anything you'd like to put on the record before we begin? Pamela E. Burns (Assistant Clerk of the Boarc): No, Madam Chair. Chair Spence -Jones: Okay. I'd like to reflect that joining me today is Commissioner Marc Sarnoff, the District 2 Commissioner. I think we're going to have two absent Commissioners today. Is that correct, Mr. Jim Villacorta? James Villacorta (Interim Executive Director, Community Redevelopment Agency): Yes. Commissioners [sic] Regalado and Commissioners [sic] Gonzalez could not make it today. Chair Spence -Jones: Okay, so we will only have three, so that's why I think it's extremely important, whatever we can get taken care of while the both of them -- and all three of us here, I want to try to get that done before I leave. FINANCIALS 1. 09-00375 CRA DISCUSSION FINANCIAL SUMMARY THROUGH MONTH ENDING MARCH 31, 2009 Financial Summary .pdf DISCUSSED Chair Spence -Jones: So with that being said, I'm going to take the financials first. Let's get that out of the way, and then we'll move straight into the discussion items. Miguel Valentin (Financial Officer, Community Redevelopment Agency): Good afternoon, Chairman [sic] and Commissioner Sarnoff. On page 1, we're having the combined statement of City of Miami Page 2 Printed on 5/21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 financial position as of March 31, 2009. Just for the record, as cash unrestricted for Southeast Overtown/Park West, we are disclosing the amount of 100, 000. And for Omni, we are disclosing the amount of 100, 000 as cash unrestricted. For the affordable workforce housing project as of to date, we have budgeted 8, 549, 823, and of this amount, 7,612,683 has been encumbered and 2,638,440 has been expended, leaving an available balance of 937,140. Just for the record, there is no reportable condition to disclose to the Board for the month of March. If you have any question -- Chair Spence -Jones: Thank you. Commissioner Sarnoff, you have any questions? Vice Chair Sarnoff.. No. Pamela E. Burns (Assistant Clerk of the Board): And could we have your name for the record, please? Mr. Valentin: Miguel Valentin, CRA financial officer. Chair Spence -Jones: Thank you, Miguel. RESOLUTIONS 2. 09-00154 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 $1,950,000, FOR A TOTAL AMOUNT NOT TO EXCEED $3,750,000, TO THE MIAMI WOMAN'S CLUB FOR REPAIRS AND 40-YEAR RECERTIFICATION OF THE BUILDING AT 1737 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA; 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 OMNI TAX INCREMENT FUND, "OTHER GRANTS AND AIDS," ACCOUNT CODE NO. 10040.920101.883000.0000.00000. Cover Memo.pdf Financial Form.pdf Legislation.pdf Cover Memo.pdf Financial Form.pdf Cover Memo.pdf Financial Form.pdf Motion by Commissioner Sanchez, seconded by Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 2 - Chair Spence -Jones and Commissioner Sanchez Noes: 1 - Vice Chair Sarnoff Absent: 2 - Commissioner Gonzalez and Commissioner Regalado CRA-R-09-0020 City of Miami Page 3 Printed on 5,21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 the announcement, Commissioner Sanchez, I have a 6:30 that I need to be headed out for. I know we're going to lose a quorum, so I'm just trying to get through them as quickly as possible. So we're going to move on to the first item, or second item, which is the Miami Women [sic] Club, and I can ask for -- James Villacorta (Interim Executive Director, Community Redevelopment Agency): Yeah. This is an item that -- Chair Spence -Jones: -- give us a briefing on that. Mr. Villacorta: -- was deferred from the last meeting. And it's a resolution of the Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency authorizing additional funds, in an amount not to exceed 1, 950, 000, for a total amount not to exceed 3, 750, 000, to the Miami Women's Club for repairs and 40-year recertification of the building at 1737 North Bayshore Drive; 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; further authorizing the executive director to execute all documents necessary for said purpose. This was -- that the second half of this grant be brought back was directed by the Board last year. We gave the Women's Club a $1, 800, 000 towards the 40-year recertification, and the Board directed that this amount be budgeted in this year's budget and be brought back before the Board. At the last meeting, some of the Commissioners had questions about certain finances of the Women's Club, and those documents were provided to the Board. Chair Spence -Jones: I just want to make sure all of the Board members have received the documents that I'm understanding, as stated by Jim, that they have. I just want to hear it from them that they have. Vice Chair Sarnoff I have. Chair Spence -Jones: Okay. Have you, Commissioner? Okay. Commissioner Sanchez: Yes, ma'am. Chair Spence -Jones: So I'm going to pass it over to Commissioner Sarnoff for his comments, and then Joe Sanchez -- Commissioner Sanchez. Commissioner Sanchez: I'm just -- Chair Spence -Jones: You're recognized. Commissioner Sanchez: -- going to proffer a motion. Chair Spence -Jones: Do you want to hear his comments? Commissioner Sanchez: We need a motion and a second before we open it up for discussion. Chair Spence -Jones: All right. Commissioner Sanchez: Second. Chair Spence -Jones: I can't second it because I'm -- Commissioner Sanchez: You could pass the gavel. City of Miami Page 4 Printed on 5/21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 Pamela E. Burns (Assistant Clerk of the BoarcI: So the mo -- Chair Spence -Jones: I'd like to second that. Ms. Burns: -- motion by Commissioner -- Vice Chair Sarnoff Let the record reflect -- Ms. Burns: -- Sanchez. Thank you. Vice Chair Sarnoff All right. Chair Spence -Jones: You're recognized. Vice Chair Sarnoff Is Ms. Timoney here? The total amount that this project is anticipated to cost is $12 million, correct? Noreen Timoney: That's the total amount for the restoration. The recertification amount is 3.75. Vice Chair Sarnoff Right. So rounding it -- Ms. Timoney: Should I give my name for the record, first? Chair Spence -Jones: Yes. State your -- Ms. Timoney: Okay. Chair Spence -Jones: -- name for -- Ms. Timoney: Thank you. Chair Spence -Jones: -- the record. Ms. Timoney: Good evening, Madam Chair, Commissioners, CRA (Community Redevelopment Agency) staff, City Clerk, and assembled guests. Thank you. My name is Noreen Timoney. I'm the president of the Miami Women's Club, located at 1737 North Bayshore Drive. Thank you. Vice Chair Sarnoff So if we round it up, of the approximate -- you've already received a half a million dollars, correct? Ms. Timoney: We've received 1.8 million. Vice Chair Sarnoff No, no, no. Before that, you had already received a half a million dollars, correct? Ms. Timoney: Two hundred and fifty thousand dollars for elevator repair and a hundred thousand dollar drawdown for the surveys and associated drawings that the City had requested Vice Chair Sarnoff Okay, so 250,000 -- Ms. Timoney: Plus 100. Vice Chair Sarnoff -- plus 100 -- it's 300 -- I'm sorry. I misspoke. You didn't receive a half a million; you received 350, 000. City of Miami Page 5 Printed on 5/21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 Ms. Timoney: Three hundred and fifty thousand dollars. Vice Chair Sarnoff Okay. Now of this 1.8 million or 1.75 million, how much of that is going toward the bay walk? Ms. Timoney: Of the one -- of the recertification dollars? Vice Chair Sarnoff Yes. Ms. Timoney: We are not putting any of the recertification directly towards the bay walk. The bay walk is -- access to our property for the continuation of the bay walk for the City of Miami is being granted to the City. We are not taking any costs out of the recertification dollars for the bay walk. We're just giving the City the bay walk. Vice Chair Sarnoff So none of the money the CRA has contributed to you, in excess of $4 million, will put one dollar towards the public purpose of the bay walk. Is that correct? Ms. Timoney: The bay walk -- well -- Vice Chair Sarnoff Is that correct? Ms. Timoney: Well, the land is worth a sizeable amount of money, so I -- Vice Chair Sarnoff That's not my question. Ms. Timoney: No. I'm -- Vice Chair Sarnoff My question is none of the money -- Ms. Timoney: I understand what you're saying. Vice Chair Sarnoff -- that the CRA has contributed to you will go towards one brick in that bay walk. Ms. Timoney: Correct. Vice Chair Sarnoff Okay. So none of our public dollars will be spent on any public purpose with regard to the bay walk? Ms. Timoney: We've donated the land so we're -- in a profit and loss, P&L statement, we would be providing the land as revenue in this equation. Vice Chair Sarnoff I'm -- you're granting an easement, correct? Ms. Timoney: We're granting an easement on -- Vice Chair Sarnoff You're not -- Ms. Timoney: -- our property. Vice Chair Sarnoff -- granting a fee simple. You're not giving the land to the City. Ms. Timoney: We're also going to be responsible for some maintenance. We're going to be responsible for codesign and other things of that nature. City of Miami Page 6 Printed on 5/21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 Vice Chair Sarnoff So you're -- you are requiring the City of Miami to actually build the bay walk. You're requiring the City of Miami to actually provide you the monies to put in the bay walk, and you're granting an easement for the bay walk, correct? Ms. Timoney: Said another way, we're honoring the request of the City of Miami. Vice Chair Sarnoff Well, you're creating a public purpose. Ms. Timoney: Correct. Vice Chair Sarnoff 'Cause there's no other public purpose that I can find with the Women's Club. Ms. Timoney: Well, I think historic preservation is a public purpose, and also, a community gathering place is a public purpose. And -- Vice Chair Sarnoff You're a private club, are you not? Ms. Timoney: Well, we're a private club that's open to all members. Open -- Vice Chair Sarnoff You're a private club that has -- you're a fee paying private club, correct? Ms. Timoney: We are -- we charge membership dues, correct. Vice Chair Sarnoff Right. So you are a private facility, and you are asking the citizens of Miami to contribute in excess of $4 million for a 40-year certification, correct? Ms. Timoney: We're asking the citizens of the Omni district, which have paid tax dollars into the TIF (Tax Increment Fund) account to be used specifically for historic restoration and preservation and repairs and to avoid blight in this -- in the Omni area. So we're asking the Omni residents who have supported that and who -- we do have letters of support from the Omni Advisory Board and other community members. Vice Chair Sarnoff So if get this right, you're saying that your building is in blighted condition, right? Ms. Timoney: Well, it has -- it needs to be recertified, correct. Vice Chair Sarnoff Well, no. Recertification is different than blight. Ms. Timoney: Well, if we don't get the recertification, it will fall to blight because we will not be able to do what's necessary to meet standards. Vice Chair Sarnoff Well, over the 30 or 40 years that you have not been doing anything -- you've not been putting money back into this building, correct? Ms. Timoney: We have put almost $400,000 of Miami Women's Club money into this building. Vice Chair Sarnoff But not an adequate amount to take care of the necessary repairs for the 40-year certification. Ms. Timoney: Well, because the school was the owners, operator at the time, their tenancy agreement required them to be the landlord, so to speak, and the owner's rep. The recertification fell during their tenure there. And we will be going to seek some restoration from the school as well. But they were responsible for the condition of the building and for the City of Miami Page 7 Printed on 5/21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 recertification. Vice Chair Sarnoff Well, I'm lost. Then you're telling me that a tenant of yours who was obligated to actually do capital or maintenance improvements on your property? Ms. Timoney: Who is no longer a tenant, has not been for almost three years. Vice Chair Sarnoff So tell me how after -- and I take it, you're in litigation with them? Ms. Timoney: Yes, we are. And you have been provided the update on that -- the status of that lawsuit. Vice Chair Sarnoff How is your litigation going? Ms. Timoney: Well, they're in damage control right now. Vice Chair Sarnoff They're in damage con --? Ms. Timoney: Damage control review of the damage done to the building. We've provided them with documents, with videos of the building before and after their tenancy there. Vice Chair Sarnoff Have you noticed for trial? Ms. Timoney: Not at this point, no. Vice Chair Sarnoff Are you at issue? Ms. Timoney: Well, I'm not sure. Larry Kellogg, from Tew Cardenas, is our lawyer, and if you'd like a further explanation beyond what was provided, I can certainly get that to you. Vice Chair Sarnoff How old is your lawsuit? Ms. Timoney: Our lawsuit -- the beginning of the lawsuit was established two years ago. Vice Chair Sarnoff Two years, and you don't know if you're at issue and you're not noticed for trial. Ms. Timoney: No. We have not been noticed for trial. They were in document review, both by other school and by us, and that's where we are now. They're providing further analysis of the dollars. And our architect, Richard Heisenbottle, has also provided that material to the lawyers and has been working with them on what that represents. Vice Chair Sarnoff Okay. Chair Spence -Jones: Anything else, Commissioner? Vice Chair Sarnoff No. Chair Spence -Jones: All right. Commissioner Sanchez, you're recognized. Commissioner Sanchez: Most -- Thank you, Madam Chair, Board members, and all those that are present. I'm going to keep my statements very brief 'cause this has been in front of us for quite some time, and I just want to put some things on the record as to this is within the scope of the CRA. I just want to state something. If we were putting $4 million into something and getting absolutely nothing out, I could understand and would argue and support the cause as us City of Miami Page 8 Printed on 5/21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 putting money and you not paying into the TIF. That I could see. But when you have a historical building that is a part of this City, which provides a community service, which is a landmark, I consider, in this area here, and basically, through the opportunity that we're getting the easement, which is something that we have worked very hard with the City and the CRA to be able to have connectability [sic] through the entire bay walk, there is ample opportunity for us to work together not only to help the Women's Club, but also to get that connectivity in the bay walk to be able to have an accessible bay walk in downtown Miami all the way to the mouth of the river. So once again, I think it's important to say that, yes, it is within the scope of the CRA. The Florida Statute dictates that we can put money towards historical preservation, which I think is something that we need to do. And we need to focus on making sure that you accomplish what you want to accomplish. I received those documents. I'm satisfied with those documents. So as I stated, I'm going to keep it brief because we have debated this in the past. I respect everybody's opinion. I don't agree with my colleague on it because I think we benefit from this as much as you benefit from being able to restore and have a vibrant club that's going to provide services to the Omni CRA. Chair Spence -Jones: Thank you, Commissioner Sanchez. Just real fast, I have just two main points, and then I just have a closing comment on this issue. Jim, I just want to be very clear on the issue regarding the redevelopment plan. We have redevelopment plans for both the Overtown/Park West area, and of course, we have it for the Omni area. In your opinion or basically based upon what we have in writing, is this a part of the redevelopment plan already? Mr. Villacorta: Yes. The Miami Women's Club at 1737 North Bayshore Drive has received designation as a historic site by the Miami City Commission and the State of Florida and is listed in the National Register of Historic Places. The Omni redevelopment plan, at page 21, Section 4(e), entitled "Historic Preservation Plan," identifies the Miami Women's Club as a structure of historic and/or architectural significance, which should appropriately receive our support in preserving the building. Chair Spence -Jones: And when was that plan created? Mr. Villacorta: In 1992. Chair Spence -Jones: In 1992, so that predates all of us basically. Mr. Villacorta: Yes. Chair Spence -Jones: Okay. And then my other question is -- 'cause I do understand the issue around public purpose and us having access to the building -- or the public having access. Part of this agreement will allow for us, right -- either Madam City Attorney or Jim -- to have usage of the building, correct? Mr. Villacorta: Yes. We are allowed to use the building for a certain number of nights each year. We are allowed to use the parking lot for parking when we meet in the area, which we are doing tonight. We obtain an easement along the back of the property for construction of a bay walk. And the Community Redevelopment Act of 1969 provides that anything a CRA does in furtherance of carrying out its redevelopment plan is considered to be for a public purpose. Chair Spence -Jones: Okay. Bill, you have a comment? William R. Bloom (Special Counsel, Community Redevelopment Agency): Yes. One of the items that is being considered is a traffic circle. I'm not sure where that stands right now, but that would envision taking a portion of the property from the Women's Club for that use. I'm not sure if that has been addressed but I wanted to call that to your attention. City of Miami Page 9 Printed on 5/21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 Chair Spence -Jones: All right. Thank you. And just from a show of support, Ms. Timoney, how many people are here in support of -- I'd just like to see 'em [sic]. Can you please stand? That's the whole place. Okay. All right. I just -- thank you very much. I mean, I think that that speaks volume. And I mean, I don't really have a lot to say about this issue. I've been supporting it 100 percent from day one, and I think it's absolutely necessary to preserve whatever historical buildings we have in our district, not only in my district, but throughout the whole City of Miami. We have lost too many buildings already in the City of Miami because, for whatever reason, people feel as though it's not important. And we all know, whether or not anyone wants to admit this, that women, we are the backbone -- or we were the backbone to help building this city. So by all means, I support this 100 percent. So we already had a motion. I have a smile on this side. I'm sure I have one on that side. Ms. Timoney: You do. Commissioner Sanchez: I'm just smiling at Jim Morales who's back there. Jimmy, how are you? Good to see you. Chair Spence -Jones: So with that being said, I know we had a motion and a second, but I think that the District 2 Commissioner is actually chairing the meeting. So I don't -- I think it would be proper -- Vice Chair Sarnoff Yeah. Let me -- Chair Spence -Jones: -- for him to do it properly. Vice Chair Sarnoff -- before we -- let me just close with a comment. Chair Spence -Jones: Sure. Vice Chair Sarnoff Certainly, this is not a popular thing to do in my own district. Obviously, if I wanted to procure votes and I wanted to gain favor and curry favor with my electorate, I could very simply have just kept my mouth shut and voted for this. But you know, I made everyone in my office go to CRA school. And that was -- that school was conducted in the middle part of the state of Florida. And the first thing they taught us in CRA school is you do not give TIF money to a non-TIF-generating source. And we're violating CRA 101. And when we asked them about it and we asked them about doing it for various people we've done it -- churches, where we have gone in there and done their 40-year certification, the Women's Club -- they laughed and they said only in the City of Miami would you do that. Chair Spence -Jones: Okay. I don't want to interrupt you. I want to make sure -- 'cause we had staffers that were actually here and went to that same -- so I don't know what workshop or meeting your staff went to, but I do have some members that attended that workshop. Who are they? Who attended that workshop? Okay. I'm going to ask my -- Madam City Attorney -- 'cause I want to make sure we stop putting stuff on the record that's not all -the -way true. Jessica, if you could please come to the mike, please, 'cause you're the attorney representing the CRA. I just want to be very clear because we can't keep making these statements, you know, 'cause it sends the wrong message to the public. And then I'm going to ask -- after Jessica makes her statement -- 'cause I understand Commissioner Sarnoff. He has the right to have his viewpoint or his opinion. But once we've taken the vote and dealt with it, I ask that we move on because I do want to be here for the rest of the agenda and I do have to leave at 6:30. If not, the whole meeting is over. So I'm just going to ask that whatever it is that you do have, make it was brief as possible so that we can move it on. But if you don't mind Jessica -- I just would like for her -- Did you attend the meeting, Jessica? Jessica Pacheco (Senior Staff Counsel, Community Redevelopment Agency): Yes, I did. City of Miami Page 10 Printed on 5/21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 Chair Spence -Jones: Okay. Ms. Pacheco: At that seminar, it was held in Pompano Beach -- Chair Spence -Jones: You might need to put your name on the record. Ms. Pacheco: I'm sorry. Jessica Pacheco, the staff counsel to the CRA. I was there in attendance with the assistant director at the request of our executive director. And the statement that "You shouldn't give money to non-TIF-generating properties" was based on one CRA's redevelopment plan that said "We would not give money to non-TIF-generating properties." Our redevelopment plan doesn't make that distinction between TIF and non -generate -- TIF-generating and non -generating properties. So I'm not sure if maybe it was misheard or, you know, misstated. Chair Spence -Jones: Misunderstood. Ms. Pacheco: But we were both in attendance at that, and I've never heard that blanket statement said at that meeting, so -- Chair Spence -Jones: Thank you, Jessica. I really -- Ms. Pacheco: Okay. Chair Spence -Jones: -- appreciate it. Vice Chair Sarnoff I'll make sure that that particular syllabus is provided Ms. Pacheco: Absolutely. Thank you. Vice Chair Sarnoff I will -- let me close with you're about to fund a $12 million project with $4 million, yet there is no plan in front of this Board how the next $8 million will be funded, and there is no definitive plan before this Board how the next $8 million will be funded. We've heard Noreen Timoney come before us before and say, "This is it. There'll never be more." Let's see 'cause today you'll see whether there ever will be more. With that, I'll call for the vote. All in favor, please say "aye." Chair Spence -Jones: Aye. Vice Chair Sarnoff And all opposed, please say "no." No. Chair Spence -Jones: Okay. Commissioner Sanchez: Next item. Chair Spence -Jones: Next item. Thank you -- Ms. Timoney: Thank you. Chair Spence -Jones: -- Commissioner Sarnoff. Unidentified Speaker: Thank you. Ms. Timoney: Thank you. City of Miami Page 11 Printed on 5/21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 3. 09-00420 CRA RESOLUTION A JOINT RESOLUTION OF THE BOARDS OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCIES ("CRAS") AUTHORIZING THE EXECUTIVE DIRECTOR TO EXERCISE THE CRAS' OPTION TO RENEW ITS LEASE WITH CITADEL ARENA CORPORATION FOR THE CRAS' OFFICE SPACE AT 49 N.W. 5TH STREET, MIAMI, FLORIDA, FORA PERIOD OF ONE YEAR, COMMENCING SEPTEMBER 1, 2009, AT THE RATE OF $14,819.20 PER MONTH, OR AN ANNUAL AMOUNT OF $177,830.40 ($17.78 PER SQUARE FOOT), INCLUDING TAXES, UTILITIES, AND 16 PARKING SPACES; FUNDS TO BE ALLOCATED FROM GENERAL OPERATING FUND, "RENTAL AND LEASES," ACCOUNT CODE NO. 10030.920101.544000.0000.00000. Cover Memo.pdf Financial Form.pdf Legislation.pdf Motion by Commissioner Sanchez, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Vice Chair Sarnoff, Chair Spence -Jones and Commissioner Sanchez Absent: 2 - Commissioner Gonzalez and Commissioner Regalado CRA-R-09-0021 Chair Spence -Jones: All right. Item number 3. James 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 executive director to exercise the CRA's (Community Redevelopment Agency's) option to renew its lease with the Citadel Arena Corporation for the CRA's office space at 49 Northwest 5th Street, Miami, Florida, for a period of one year, commencing September 1, 2009, at the rate of $14 -- $14, 819 per month, or an annual amount of $177,830, $17.78 per square foot, including taxes, utilities, and 16 parking spaces. Chair Spence -Jones: Any questions or comments on this? Do we have a motion? Commissioner Sanchez: So move. Chair Spence -Jones: We have a motion. Do we --? Vice Chair Sarnoff Second. Chair Spence -Jones: All in favor? The Commissioners (Collectively): Aye. Chair Spence -Jones: This item passes. 4. 09-00422 CRA RESOLUTION A JOINT RESOLUTION OF THE BOARDS OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI REVEDELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCIES AUTHORIZING A City of Miami Page 12 Printed on 5/21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 GRANT, IN AN AMOUNT NOT TO EXCEED $344,000, TO THE CITY OF MIAMI TO UNDERWRITE THE COST OF A POLICE VISIBILITY PROGRAM FOR THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT AREAS; 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; ALLOCATING FUNDS AS FOLLOWS: $284,000 FROM SEOPW TAX INCREMENT FUND, "OTHER GRANTS AND AIDS," ACCOUNT CODE NO. 10050.920101.883000.0000.00000 AND $60,000 FROM OMNI TAX INCREMENT FUND, "OTHER GRANTS AND AIDS," ACCOUNT CODE NO. 10040.920101.883000.0000.00000. Cover Memo.pdf Financial Form.pdf Backup.pdf Legislation.pdf Motion by Commissioner Sanchez, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Vice Chair Sarnoff, Chair Spence -Jones and Commissioner Sanchez Absent: 2 - Commissioner Gonzalez and Commissioner Regalado CRA-R-09-0022 Chair Spence -Jones: We move on to item number 3 [sic]. I believe we have Major Gomez here, and -- Pamela E. Burns (Assistant Clerk of the Board): This would be -- James Villacorta (Interim Executive Director, Community Redevelopment Agency): Item number 3 [sic] is a joint resolution of the Boards of Commissioners of the Southeast Overtown/Park West and Omni Redevelopment District Community Redevelopment Agencies authorizing a grant, in an amount not to exceed 344,000 to the City of Miami to underwrite the cost of the Police Visibility Program for the Southeast Overtown/Park West and Omni Redevelopment areas; 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; further authorizing the executive director to execute all documents necessary for said purpose in a form acceptable to general counsel. Ms. Burns: And for the record, this is item 4. Mr. Villacorta: I'm sorry. Item 4. Chair Spence -Jones: Do we have any questions or comments? Do we have --? Commissioner Sanchez: So move on item 4. Chair Spence -Jones: We have a motion. Vice Chair Sarnoff. Second. Chair Spence -Jones: We have a second. I have just a brief comment, if you don't mind. City of Miami Page 13 Printed on 5,21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 Mr. Villacorta: Yeah. This is a continuation of the police visibility pilot program that we've had in place over the last year. And I believe the City of Miami Police Department can provide data that it's resulted in a reduction in crime in the Overtown and Omni areas where the patrols have taken place. Chair Spence -Jones: Major, I don't know if you have any comments you want to put on the record, but I do have some statements. And I'm sure you probably know what I'm going to mention after last week Thursday, but you can go 'head [sic] -- and I'll let you go 'head [sic] and put your comments on the record. Major Jorge Gomez (Police): Good afternoon. Basically, since we got the funds last time from the CRA (Community Redevelopment Agency), we have shown a great reduction, especially in the Overtown/Park West area in our crime. Our crime is down by 6 percent. The area arrests have gone up big time. And one thing that we added due to this project was we added more staffing to the CRA area. We were able to ident that we have certain problems there, and we actually have added two extra policemen to the area when it comes to the afternoon shifts. When it comes to the club district, we were able to put some patrols in place. We were able to show especially reductions when it came into the break-in to motor vehicles when we have those patrols. And we were able to make arrests to those break-ins where we were having the patrols in place. When it came to the violent crimes -- in the club district, usually when a violent crime occurred, somebody battered somebody, we were able to make those apprehensions. As a matter of fact, there was a gentleman that stabbed three club goers, and we were able to arrest this gentleman. And another example, we had a shooting that occurred at Club Space, and at that time, we did not have the CRA patrols in place. Another thing -- success story was the homeless population underneath the 836 in the Overtown area, that's almost nonexistent. That's something that we tackled with the CRA funds. And in the Omni area, we increased patrols and it shows in the reduction of crime. Ms. Burns: Excuse me, sir. Could we have your name for the record, please? Major Gomez: I am Major Jorge Gomez. You spell it J-O-R-G-E; Gomez, G-O-M-E-Z. I'm the commander of the central district. Chair Spence -Jones: Okay. Major Gomez, you know we love you to death, and -- at least in -- I know we love you in Overtown, and the people of Overtown love you. You've done an outstanding job serving that community and the area. Major Gomez: Thank you, ma'am. Chair Spence -Jones: I do want to say -- and I do see Loren here from the Overtown NET (Neighborhood Enhancement Team) office. For the Overtown portion of it, I really want us to sit down and come up with a strategy that makes sense. The number of people -- I mean, just in my district alone, you know -- everyday I feel as though somebody's getting shot or hurt somehow in either part of my district. And I know you're not responsible for any other area, you know. We just had five shootings last night, four last week, all in my district, you know, and it doesn't stop. I called you -- I had someone call on last Thursday for an incident that took place right on 3rd Avenue. I do believe that there needs to be something put in place regarding some sensitivity issues, and I'm sure you know what I'm speaking of. We sent over a representative from the Community Relations Board to kind of calm the situation down. I end up getting a call back from her stating that she, you know, was also treated, you know, pretty unfairly, and I'm sure you know who I'm talking about, correct? Major Gomez: Correct, ma'am. As a matter of fact, I did respond to the location, and we're currently handling that situation, but I did speak to the representative and several witnesses that City of Miami Page 14 Printed on 5/21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 were there, and we're dealing with that issue, ma'am. Chair Spence -Jones: Right. We definitely all -- you know, with us having all these type of issues taking place in areas that are already, you know, feeling left behind or whatever the case may be, to have to then deal with, you know, law enforcement treating them in any kind of way that's not proper, I'm hoping that we're going to begin to address that issue. I'm going to ask Loren if you could standup where you are now. And I know you know Loren already, Major. You guys work well together. We need -- Major Gomez: Yes, ma'am. Chair Spence -Jones: -- to really sit down -- I support this 100 percent. I'm not going to go against the issue or -- in front of us. But I am going to ask that we sit down and come up with something that makes sense 'cause whatever we're doing is not working. I mean, yes, we have -- the number of arrests taking place, but the same people getting arrested over and over again. So we need to figure out a way to address it so that they're not a part of this revolving system. And what I -- Major Gomez: One thing that we -- Chair Spence -Jones: -- and you know what I mean by resolving -- revolving system. I think that Commissioner Sarnoff has had the same thing happen in the West Grove, and the number of people that are arrested -- there's a program that you created or that was created that addresses the same individuals that keep -- we keep doing the same thing over and over again. Major Gomez: Commissioner -- Chair Spence -Jones: So -- Major Gomez: -- one thing that we have started, which became a pilot program in Overtown, is the Menace to Society program. We're working hand -in -hand with the State Attorneys Office. These persons that we're arresting, basically what we're trying to do -- we know that he's a drug dealer. We know that he's a nuisance to society, and what we're trying to do, identify him as a menace. And through the State Attorneys Office, we'll be getting higher bonds for this nuisance not to come out. And we have identified, I believe, ten since we started this program in December. Chair Spence -Jones: Okay. I would like for us -- and I know Karen -- I see Karen over in the corner talking. But Karen Cartwright has been working on this issue or trying to get this issue done for a while in Overtown and has not moved. I would like to at least make sure that we -- before we expend anything out of -- from our perspective for the Overtown portion of it, that we sit down and come up with a plan that really makes sense, Jim, regarding this issue. It's not just about arresting them, but also finding alternatives to make sure people aren't getting arrested period. And it also boils down to people knowing how to speak to the residents that live there. And I get a lot of complaints about how people are treated that aren't even doing anything wrong. So I really want to sit down and really come up with something that makes sense and from there, before we expend one more dime, we figure out what makes the most sense for the residents that live there. But I support it 100 percent. I just want to make sure that it makes sense for what we're trying to do. Commissioner Sanchez: Madam Chair, on this item -- I'm all in favor of this item. But just out of curiosity, I think that not -- about a year ago, we talked about the cameras being installed, and we have not had the cameras installed. And once again, it was a commitment and a promise we made to work with you to install those cameras. And 'til this day, I think that, as we sit here and we discuss this, I think that people could look upon us and say, well, you've not come City of Miami Page 15 Printed on 5/21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 through with what you have promised. It's not your fault, but I want to know where we're at in the process as to the establishing of the cameras. Am I off base here with the cameras or --? Chair Spence -Jones: I think, Commissioner Sanchez, what happened with the cameras -- unfortunately, we were put like maybe four or five -- fifth on the list of when the cameras will be put up. But I believe, from a past CRA meeting, we've requested that -- I believe that was Commissioner Regalado or one of you guys sitting up here -- said we don't want to be bottom on the list; we need to be top on the list. And there was supposed to be a report that came back regarding the issue of the cameras. The staff have -- I don't think Major Gomez can answer to that 'cause that doesn't actually come through his division. But Jim, do we have an update as to where we are with it? Mr. Villacorta: They were put out for bid. The bid was withdrawn, and they've been put back out for bid as part of the package with the red-light cameras as well. So it was a procurement issue. I mean, it went through the whole process. Bids were received. The City rejected the bids and reissued the procurement, and we're waiting for the second round of bidding to come back. Chair Spence -Jones: But Jim, does ours have to go with the City's? Why? I'm seeing Jessica say yes. I mean, if we voted on our thing prior to the City even doing theirs, why can't we do ours separately? Mr. Villacorta: After we voted, the City decided to put cameras out. And then to get an integrated system that would handle the whole city, the two procurements were put together; the CRA's and the City's. And then for some -- due to some error, they were withdrawn -- the bids were received. They were all rejected, and it was put out again. It's a little difficult to get the information because the City has a cone of silence, and the staff isn't supposed to be discussing the procurement while the procurement's going on. But we have been told that we will be moved to a priority area as soon as the bids come back. We'll be among the first that are installed. Chair Spence -Jones: Okay. Any other -- Major Gomez: Commissioner -- Chair Spence -Jones: -- questions or comments on this? Yes, Major. Major Gomez: Jim is right. We made this program a priority, but it's out of the police hands right now. Chair Spence -Jones: All right, Major. Any other questions for Major? Vice Chair Sarnoff This was the UASI (Urban Areas Security Initiative) grant, right? The camera program came from the UASI grant, right? Major Gomez: The one we're discussing, no. It came through the CRA. Vice Chair Sarnoff No, but the City's overall camera program, is the U -- is that not the UASI grant? Major Gomez: Yes, sir. Vice Chair Sarnoff So it does make sense for us to integrate and have the same system. Major Gomez: It does. Vice Chair Sarnoff Okay. City of Miami Page 16 Printed on 5/21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 Chair Spence -Jones: All right. We had a motion and we have a second on this item. All in favor? The Commissioners (Collectively): Aye. Chair Spence -Jones: This item passes. 5. 09-00430 CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, WITH ATTACHMENT(S), AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BDB MIAMI, LLC FOR DEVELOPMENT OF THE BAYVIEW MARKET PROJECT. Cover Memo.pdf Backup.pdf Legislation.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Vice Chair Sarnoff, Chair Spence -Jones and Commissioner Sanchez Absent: 2 - Commissioner Gonzalez and Commissioner Regalado CRA-R-09-0023 Direction by Chair Spence -Jones to the Interim Executive Director to utilize the Miami Works apprenticeship training program along with the unions to staff the Bayview development project. Chair Spence -Jones: We move on to item number -- Major Jorge Gomez (Police): Thank you. Chair Spence -Jones: -- 5. Jim. James Villacorta (Interim Executive Director, Community Redevelopment Agency): Item number 5 is a resolution of the Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency, with attachments, authorizing the execution of a development agreement, in substantially the attached form, with BDB Miami, LLC (Limited Liability Company) for development of the Bayview Market project. BDB owns the property at Northeast 17th Street and Northeast 2nd Avenue and intends to develop Bayview Market, a commercial project which includes a minimum 400,000 square feet of retail and office space and a parking facility with at least 1,800 parking spaces. They've requested funding assistance in an amount not to exceed $24 million from the CRA (Community Redevelopment Agency) for the development of the project. What would happen here is as they -- after they are CO'd (Certificate of Occupancy) and they increase the TIF (Tax Increment Fund) that's being generated, we would give 50 percent of the TIF they generate back to them to offset some of the costs of the project. Vice Chair Sarnoff. Move it. Commissioner Sanchez: Second. Chair Spence -Jones: I had a motion and a second for -- City of Miami Page 17 Printed on 5,21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 Commissioner Sanchez: Second for the purpose of discussion. Chair Spence -Jones: -- the purpose of discussion. Commissioner Sanchez: Just want -- Chair Spence -Jones: You're recognized. Commissioner Sanchez: Just for the point of clarification, this is good for the CRA. I just want to clarify the part about the 50 percent of the TIF generated by the project coming back. Elaborate a little bit on that. Mr. Villacorta: The CRA -- Commissioner Sanchez: Because, you know, what people are going to hear out there is we're putting $24 million into this project, but that needs to be clearly explained. Mr. Villacorta: The amount can never exceed $24 million. It's unlikely. Actually, they -- since the agenda was passed out, they reduced that to a $20 million cap, but it's unlikely that they would even hit that amount. Depends on what the taxable value of the property is when it's -- after it's completed. They'll be expending -- they're required to expend $110 million in hard and soft costs. And we reduced the TIF that they're paid proportionately with the -- Commissioner Sanchez: Right. Mr. Villacorta: -- with any reduction in that amount. Commissioner Sanchez: Any their -- this agreement is dependent on the development [sic] doing what was promised, correct? Mr. Villacorta: Yeah. If -- until the building is CO'd, they receive nothing. So if the project isn't built, they receive nothing. And every year that they delay in getting that CO is another year of the window they have to get the TIF reduced. The -- they have until 2017 to receive these payments. If they don't finish the project 'til 2014, they only get three years of payment. Commissioner Sanchez: So if it pumps $110 million into the district and it creates hundreds of jobs -- Mr. Villacorta: They're required to create 380 new jobs. Commissioner Sanchez: Okay, 300, but you create "X" amount of jobs -- it gets to keep half of the tax base it gives to the site for improvement, correct? Mr. Villacorta: Of the increment they generated just by construct -- whatever they're paying in taxes now continues to go to the CRA. Commissioner Sanchez: Okay. Chair Spence -Jones: The only thing I -- Do you have --? Commissioner Sarnoff, you have any comments? Vice Chair Sarnoff No. I went on the record. I mean, it's a big job generator. It's exactly how a CRA should and could act with -- in concert with private development. They're not actually taking money. They're just taking future projections. And it's just good business. It makes a lot City of Miami Page 18 Printed on 5/21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 of sense. It brings an incredible TIF generator to the CRA. This Commissioner is going to see at least, I'd say, 300 jobs for her neighborhood. It's going to do other things as well. It's going to provide parking for the Performing Arts Center. It's going to create a pretty good -- a nice place on Northwest [sic] 2nd. And it's a good place to have a large-scale retail facility. Chair Spence -Jones: Okay. We had comments from both -- Vice Chair Sarnoff Did I say northeast? Oh, I'm sorry. Northeast. I apologize. Chair Spence -Jones: No problem. Just -- I see Mr. Morales is here. Just -- what is the expected start date of the project? Jimmy Morales: Jimmy Morales, with offices at 150 West Flagler. And I'm accompanied by Michael Bisciotti, Jeff Weil, Ignacio Garcia. Michael, do you want to come up and address that question? Michael Bisciotti: Thank you for your time this evening. We are in con -- Chair Spence -Jones: Your name for the record. Mr. Bisciotti: My name is Mike Bisciotti, and it's B-I-S-C-I-O-T-T-I. And we are hopeful that we could commence construction within 12 to 14 months. The construction period itself would probably be 15 to 18 months. And thank you for the time and the consideration. We're excited to bring the jobs, the goods and services to the neighborhood, and stand willing to ask any -- answer any questions that you might have. Chair Spence -Jones: Okay. No problem. Thank you for -- and then the -- my other question. You mentioned the 300 -- and this is for the people at home that may not know about the project. I think it's extremely important for people to hear it from us. And you talked about 350 jobs or so from the standpoint of new jobs. So do you have an idea of what we're talking about from a construction standpoint? Mr. Bisciotti: That's a good question. And I would say we're probably looking at 225 additional jobs during the -- Chair Spence -Jones: For construction -- Mr. Bisciotti: -- construction phase. Chair Spence -Jones: -- based jobs? Mr. Bisciotti: Yes, ma'am. Chair Spence -Jones: Okay. And then my last question as we close out -- and then I just have a statement -- have we secured all the dollars, at all? Has all the funding been secured for the project? Mr. Bisciotti: Yes, it has, ma'am. Chair Spence -Jones: So -- Mr. Bisciotti: We are internally financed, and the balance of all the funds to complete the project are -- have been procured. Chair Spence -Jones: Okay. I just wanted to make sure because -- And you're in agreement with City of Miami Page 19 Printed on 5/21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 all these things that have been put on the record, Jim Villacorta? Mr. -- Mr. Villacorta: If we can just -- yes -- amend the resolution to reflect $20 million instead of 24. And the actual agreement attached, we've also put in a provision for auditing of the certificates that they provide to us as to how many jobs are created. Chair Spence -Jones: Okay. So you're comfortable with the fact that they have -- Mr. Villacorta: Yes. Chair Spence -Jones: -- the funding for the project, Jim? Mr. Villacorta: They have represented to me that they do. Chair Spence -Jones: Okay, no problem. Okay, so with that being said, of course, you know I support -- I'm sorry, Mr. Morales. Mr. Morales: There was a statement made earlier that we were able to collect TIF money until 2017. It's actually 'til 2027. Just want to make that clear. William R. Bloom (Special Counsel, Community Redevelopment Agency): Yeah. That's correct. Mr. Morales: Okay. That's ten years. That's a big difference. Mr. Bloom: Right. The 2017 date was if the developer has not finished the project by that date, they lose the ability to get the TIF. Vice Chair Sarnoff The 2017 is their last time to obtain their TIF regeneration revenue, okay. And the mover accepts the amended -- Commissioner Sanchez: Yes, sir. Vice Chair Sarnoff -- motion. I guess the seconder should. Mr. Villacorta: Yeah. I misspoke. 2017 is the base year, and the base year is the year that they've completed the project and have obtained a CO. They then receive the TIF for the balance of the life of the CRA. However, if they haven't completed the project by 2017, they don't get anything. Chair Spence -Jones: Okay. All right. Mr. Morales, you have another comment real fast? Mr. Morales: No. I think that evidences that we have a strong incentive to get this done sooner rather than later, and we will continue to work closely with the City on a variety of issues, including off -site improvements and what -not that I know the City's looking to do in that area. Thank you. Chair Spence -Jones: Okay. Thank you. Once again, we definitely -- all of us support jobs, jobs, jobs, and I think this is going to be great for the area. I just want to put on the record for you guys that we do -- we have created an initiative -- and I'd like for this to be a part of it -- called Miami Works that is a partnership -- an apprenticeship training program in the City of Miami. I would like to -- the record to also reflect that you'll also tap into that pool of apprenticeship -- of the apprenticeship -type program along with the unions to make sure that this is a part of this -- I guess the staffing individual -- individuals that we want to be staffed for the location. And also, the job fair. We are going to be doing a huge job fair with all the mega projects happening in the City of Miami, Mr. Morales, a big job fair with all of the -- construction fair with all of the City of Miami Page 20 Printed on 5/21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 major mega projects happening throughout the City of Miami in the next 30 days. We would definitely like to have Bayview -- the Bayview development participate in that major event that we're doing -- Mr. Morales: Yeah. We are -- Chair Spence -Jones: -- to make sure that the smaller contractors have the opportunity to participate as well. Mr. Morales: I saw them shake their heads. They're -- we are committed to working with any organization you all put us in touch with in terms of identing applicants for jobs. Obviously, we haven't hired -- you know, we haven't put our construction documents yet and we don't have a contractor yet -- Chair Spence -Jones: Yes. Mr. Morales: -- so, you know, those individuals who will actually be doing the construction work haven't been retained, but certainly, we'll participate in whatever job fair at as early stage as we can. We know what the goal is here, and we want to be a good neighbor, as I think we've been over the last five years with the City on this. Chair Spence -Jones: Thank you, Mr. Morales. Yes, Jim. Mr. Villacorta: There's a first -source hiring agreement that's part of the contract, and they're required to work with community groups to obtain employees for the development and the construction. Chair Spence -Jones: Okay. All right. Let's move on to the next item. Thank you. We had a -- Vice Chair Sarnoff Let's vote. Commissioner Sanchez: Got to vote. Pamela E. Burns (Assistant Clerk of the Board): Madam Chair. Chair Spence -Jones: I thought we had a motion and a second. Ms. Burns: We have a motion, a second, but no vote. Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Commissioner Sanchez: As amended. Vice Chair Sarnoff Amended. Chair Spence -Jones: Amended. Commissioner Sarnoff Right. Thank you. Mr. Morales: Thank you -- Chair Spence -Jones: Thank you. City of Miami Page 21 Printed on 5/21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 Mr. Morales: -- very much. 6. 09-00423 CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, WITH ATTACHMENT(S), AUTHORIZING DISMISSAL OF THE CASE STYLED SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY V. J.E.J. PROPERTIES, INC. AND SHIRLENE INGRAHAM, CASE NO. 05-09022 CA 11, IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, IN EXCHANGE FOR PAYMENT OF $80,000 FROM CLEAR CHANNEL OUTDOOR, INC. Cover Memo.pdf Backup.pdf Legislation.pdf Motion by Commissioner Sanchez, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Vice Chair Sarnoff, Chair Spence -Jones and Commissioner Sanchez Absent: 2 - Commissioner Gonzalez and Commissioner Regalado CRA-R-09-0024 Chair Spence -Jones: We're going to move on to item number 6. Commissioner Sanchez: So move. James Villacorta (Interim Executive Director, Community Redevelopment Agency): Item -- Vice Chair Sarnoff. Second. Chair Spence -Jones: We have a motion and a second. All in favor? The Commissioners (Collectively): Aye. Chair Spence -Jones: This item passes. 7. 09-00038 CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ACCEPTING THE REQUEST TO TERMINATE THE GRANT AGREEMENT FOR BUILD -OUT OF THE COMMERCIAL SPACE AT 1035 N.W. 3RD AVENUE, MIAMI, FLORIDA. Cover Memo.pdf Backup.pdf Legislation.pdf Motion by Commissioner Sanchez, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Vice Chair Sarnoff, Chair Spence -Jones and Commissioner Sanchez Absent: 2 - Commissioner Gonzalez and Commissioner Regalado CRA-R-09-0025 City of Miami Page22 Printed on 5,21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 Chair Spence -Jones: Item number 7. James 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 accepting the request to terminate the grant agreement for the build -out of the commercial space at 1035 Northwest 3rd Avenue. This is in New Arena Square. We gave the small business a grant to build out the retail space. The business, in light of the current economic situation, has asked to -- does not think that they can operate the business in the space. We've built out the tenant space. We will be putting it out for -- advertising for future retailers to come and take that space. Commissioner Sanchez: Motion for the purpose of discussion. Chair Spence -Jones: Motion -- Vice Chair Sarnoff Second -- Chair Spence -Jones: -- second. Vice Chair Sarnoff -- for purpose of discussion. Commissioner Sanchez: Discussion on the item. Executive Director, it is my understanding from reading the background on this that $35, 000 grant was issued to that company -- we won't mention its name -- for the Arena Square Apartments. Now they used 28,000, which was spent, but was that spent for the construction of the space or --? In other words, we didn't give that business $28,000 and they kept it? Mr. Villacorta: No, we did not. The owner of the building required that his contractor be used since there's apartments above and they needed to keep operating. So all the retail spaces on the north end of the building were built out under one contract. Where he would normally have required a tenant to pay him for those improvements, we came in and gave a grant. No money went to this company. Everything that we spent, which is approximately $28, 000 -- Commissioner Sanchez: Twenty-eight thousand. Mr. Villacorta: -- is there. It's drywall. It's the new drop ceiling. It's the flooring. It's the plumbing. Chair Spence -Jones: The space. Mr. Villacorta: It's the -- the space is -- Commissioner Sanchez: Right. Mr. Villacorta: -- a white box -- Commissioner Sanchez: All right. Mr. Villacorta: -- ready for a tenant now. Commissioner Sanchez: Okay, but would your staff say that the build -out is generic enough to meet another business that could use that space? Mr. Villacorta: Yes. And we have a number of businesses that have called us that are interested in moving into these spaces. So what we want to do is advertise and let the public have the City of Miami Page 23 Printed on 5/21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 opportunity to move in. Commissioner Sanchez: All right. And getting back at that -- or do we -- are we going to have safeguards to make sure now that when companies come in and they say what they're going to do, that we could either look at their financings or see if they have the capital or the resources to do what they want to do so this doesn't happen again? In this situation I'm comfortable because the money did not go to that company. That gentleman did not walk out of here with $28, 000. That money was -- went into a build -out of a space that now someone else could come in and capitalize on that. So the money was kept -- spent at the CRA and it stayed at the CRA, and it served a purpose. Do we -- are we going to have safeguards in place to ensure that that doesn't happen again? Mr. Villacorta: Yes. I think, you know, just in light of the -- you know, this grant was given a year ago, and I think in light of the economic turmoil that's come along, particularly for a small businessman who has operated on a shoestring -- he came to us and we sat down with him. And he actually proffered a letter saying, please, I'd like to terminate this grant agreement because I don't think I can maintain the cash flow necessary to operate. We've secured reduced rent from the landlord, and the next tenant will come in, have a space build out and be able to assume that lease at the reduced rent. Commissioner Sanchez: All right. Chair Spence -Jones: Thank you, Commissioner Sanchez. Commissioner Sarnoff, you're recognized. Vice Chair Sarnoff I have no comment. I mean, I -- Chair Spence -Jones: Oh, okay. Vice Chair Sarnoff -- it's fine. Chair Spence -Jones: Okay. All right, so we had -- do we have a motion and a second on this item? Commissioner Sanchez: Yes. Chair Spence -Jones: Motion from Sanchez, second from -- Vice Chair Sarnoff Sarnoff. Chair Spence -Jones: -- Commissioner Sarnoff. All in favor? The Commissioners (Collectively): Aye. Chair Spence -Jones: This item passes. 8. 09-00424 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 $100,000, TO CAMILLUS HOUSE, INC. FOR OPERATION OF ITS COURTYARD PROGRAM, AT 726 NORTHEAST 1ST AVENUE, MIAMI, FLORIDA; AUTHORIZING THE EXECUTIVE DIRECTOR, AT HIS DISCRETION, TO DISBURSE THE GRANT ON A REIMBURSEMENT BASIS City of Miami Page 24 Printed on 5/21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 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, "OTHER GRANTS AND AIDS," ACCOUNT CODE NO. 10050.920101.883000.0000.00000. Cover Memo.pdf Financial Form.pdf Legislation.pdf Motion by Commissioner Sanchez, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Vice Chair Sarnoff, Chair Spence -Jones and Commissioner Sanchez Absent: 2 - Commissioner Gonzalez and Commissioner Regalado CRA-R-09-0026 A motion was made by Vice Chair Sarnoff, seconded by Commissioner Sanchez, and was passed unanimously, with Commissioners Gonzalez and Regalado absent, to direct the Interim Executive Director to obtain an opinion from the attorney general regarding the usage of CRA (Community Redevelopment Agency) funds to relocate Camillus House. Chair Spence -Jones: Let's move on to item number 8. James Villacorta (Interim Executive Director, Community Redevelopment Agency): Item -- Commissioner Sanchez: So move on item number 8. Vice Chair Sarnoff. Second. Chair Spence -Jones: We had a motion and a second. All in favor? The Commissioners (Collectively): Aye. Chair Spence -Jones: Okay. I just -- real fast before we get off that item. Dr. Ahr, I know that there was a question around the Omni CRA (Community Redevelopment Agency). Was that ever resolved for the additional dollars that --? I mean, did -- I know they were thinking -- Mr. Villacorta: We -- Chair Spence -Jones: -- about corning to you for additional -- Vice Chair Sarnoff. Yeah. We -- no, no. We asked for an LSR (Legal Services Request). Mr. Villacorta: Yeah. We -- Vice Chair Sarnoff. And I don't think we've gotten a response. Have we gotten a response? Mr. Villacorta: -- asked for an LSR to inquire of the -- Vice Chair Sarnoff. You went to the Attorney General. Mr. Villacorta: -- Attorney General for an opinion as to whether we can use CRA funds to assist in relocating the Camillus House services outside the CRA. The Law Department has advised City of Miami Page 25 Printed on 5,21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 that we should have a motion of the Board asking for an opinion of the Attorney General. So -- Vice Chair Sarnoff So move. Chair Spence -Jones: Okay. I have -- I want to be respectful. I have Madam City Attorney. Would you like to at least, please, put something on the record? Gail A. Dotson (Assistant General Counsel): Yes. We did get the LSR. I contacted the Attorney General's Office to ask them specifically about the process. The Attorney General's Office advised that the Board of the CRA would have to issue a majority vote to request -- you can request the CRA to get the opinion. And then the other thing I wanted to mention is that in speaking to the City Attorney, the City Attorney wanted me to let the Board know that we are more than capable of advising you in terms of that opinion as well. So you -- Vice Chair Sarnoff Yeah, but you might -- I would take his opinion first before I would issue mine. You just would hate to come to a different conclusion. It wouldn't look good. Ms. Dotson: I'm sorry? Vice Chair Sarnoff I hear what you're saying. I'm just saying you may be better suited to first get the Attorney General's opinion. Ms. Dotson: Right. So you can direct the CRA to get -- Vice Chair Sarnoff Right, so -- Ms. Dotson: -- the Attorney General's opinion. Vice Chair Sarnoff So moved. Ms. Dotson: You don't have to come to -- Vice Chair Sarnoff Right. Ms. Dotson: -- the City Attorneys Office to get the opinion because we have a -- we've opined on the situation before, and we're more than capable of opining on it. So it's probably better that you have the CRA seek the opinion from the Attorney General 'cause they can. Vice Chair Sarnoff I'll move that we do it. Chair Spence -Jones: Okay. I have a motion on it. Commissioner Sanchez: What are we voting on? Vice Chair Sarnoff Attorney General to issue an opinion as to whether you can move the folks at the Camillus House with CRA funds. In other words, can we contribute to --? William R. Bloom (Special Counsel, Community Redevelopment Agency): Whether it's a legally permitted expenditure of CRA -- Vice Chair Sarnoff Right. Mr. Bloom: -- dollars to spend dollars for the CRA to move them outside of the district. Commissioner Sanchez: Second. City of Miami Page 26 Printed on 5/21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 Chair Spence -Jones: All in favor? The Commissioners (Collectively): Aye. Chair Spence -Jones: So that item passes. Yes, Jim Villacorta. Mr. Villacorta: And one further thing is the Attorney General requires a memorandum of law, an opinion. So we would seek general counsel to attach that opinion to the request that we're sending over. Chair Spence -Jones: Madam City Attorney has a comment. This is great. This is a tennis match here, huh? Go, Madam City Attorney. You're recognized. Ms. Dotson: Actually -- and the -- if the CRA gets the opinion, the CRA can send its own memo because we have our -- the City Attorneys Office has already opined on that, but the CRA has the ability to request the opinion on its own and it could submit a memorandum of law basically stating what their position is with respect to that. Chair Spence -Jones: See the trouble you're causing, Commissioner Sarnoff? Vice Chair Sarnoff You know, I'm so -- Chair Spence -Jones: Three attorneys. Vice Chair Sarnoff -- cur -- you're right. You'll get three different answers, too. I'm just curious. Can -- instead of -- we have a motion right now. Can I just see the City -- can you send me the City Attorneys opinion on this? Ms. Dotson: Sure. Vice Chair Sarnoff And then, if you gave me -- well, I just hate to -- I hate for us to go to an expenditure if they've already opined. Mr. Bloom: If they've opined, the cases should be cited in the opinion, so that should be sufficient for the submittal. Vice Chair Sarnoff Right. Ms. Dotson: We retained outside counsel back in 2008 -- Vice Chair Sarnoff Right. Ms. Dotson: -- to deal with this very issue -- Vice Chair Sarnoff Okay. Ms. Dotson: -- in terms of using the TIF (Tax Increment Funcl money outside of the district. Vice Chair Sarnoff Right. Ms. Dotson: The only caveat, the only difference is that in this particular case you're talking about an entity that's within the district and you want to use the TIF money to basically relocate them outside of the district. That is the only issue that we did not look at. But we have opined with respect to using the TIF for an entity or a project outside of the district. City of Miami Page 27 Printed on 5/21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 Vice Chair Sarnoff What -- and to refine it further, I think I told Commissioner Spence -Jones that I would also look into whether the Omni District -- Chair Spence -Jones: Can help. Vice Chair Sarnoff -- could help facilitate -- Mr. Villacorta: That was one of the two questions -- Ms. Dotson: Exactly. It was one of -- Mr. Villacorta: -- we submitted. And -- Vice Chair Sarnoff So why don't we do --? Mr. Villacorta: -- the opinion that was issued a year ago was not specific to these facts. Vice Chair Sarnoff I got you. So why don't we do this, since we have Bill here. Why don't you take their memo, refine their memo for those two issues and submit that to the Attorney General? Is that fair? Mr. Bloom: Right. Ms. Dotson: Well, Bill didn't draft that memo from the outside counsel. Vice Chair Sarnoff No, you did. Mr. Villacorta: No. Vice Chair Sarnoff No, I -- Ms. Dotson: Yes. Vice Chair Sarnoff But he's going to use another lawyer's research. I'm just trying to save us a little money. Ms. Dotson: Okay. Vice Chair Sarnoff That's all. Ms. Dotson: Whatever you want to do. We'll send it to you. Chair Spence -Jones: Okay, so three attorneys. You guys got it worked out now? Pamela E. Burns (Assistant Clerk of the Board): Madam -- Vice Chair Sarnoff Four attorneys here. Ms. Burns: -- Chair, does that motion still stand? Because we have a motion and a vote. Does that still stand? Commissioner Sanchez: I don't even know what we're voting on. Vice Chair Sarnoff Yeah. We're going to send the -- City of Miami Page 28 Printed on 5/21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 Ms. Burns: Okay. Vice Chair Sarnoff. -- Attorney General a request, and we're going to attach our counsel's opinion letter based on two additional opinions. One is, can Omni facilitate Southeast Overtown/Park West, and can either CRA provide TIF revenues to help take Camillus House from a CRA to a place outside of the CRA. Fair enough? Ms. Dotson: And just so you know, the Attorney General did say that they can answer both of those questions. I posed both of the questions -- Vice Chair Sarnoff. Okay. Ms. Dotson: -- to the Attorney General. Vice Chair Sarnoff. Okay. Chair Spence -Jones: Thank you, Madam City Attorney. 9. 09-00425 CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY RATIFYING ISSUANCE OF A GRANT, IN AN AMOUNT NOT TO EXCEED $10,000, TO URGENT, INC. TO UNDERWRITE A PORTION OF THE COSTS ASSOCIATED WITH THE "YOUTH UNITE FOR PEACE WEEK & FESTIVAL;" ALLOCATING FUNDS FROM SEOPW TAX INCREMENT FUND, "OTHER GRANTS AND AIDS," ACCOUNT CODE NO. 10050.920101.883000.0000.00000. Cover Memo.pdf Financial Form.pdf Backup.pdf Legislation.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Vice Chair Sarnoff, Chair Spence -Jones and Commissioner Sanchez Absent: 2 - Commissioner Gonzalez and Commissioner Regalado CRA-R-09-0027 Chair Spence -Jones: We're going to move on to item number 9. James 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 ratifying issuance of a grant, in an amount not to exceed $10, 000, to Urgent, Inc. to underwrite a portion of the costs associated with the Youth Unite for Peace Week & Festival; allocating funds from the SEOPW (Southeast Overtown/Park West) tax increment fund, "Other Grants and Aids." This was a direction of the Board to issue a grant and bring -- for this festival in the amount of $10, 000 and bring it back at this meeting -- Vice Chair Sarnoff. So move. Mr. Villacorta: -- for -- City of Miami Page 29 Printed on 5,21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 Chair Spence -Jones: We have a motion. Mr. Villacorta: -- ratification. Chair Spence -Jones: Do we have a second? Commissioner Sanchez: Second. Chair Spence -Jones: All in favor? The Commissioners (Collectively): Aye. Chair Spence -Jones: This item passes. Do we have a comment? Commissioner Sanchez: No. It's just for the point of clarification. It's rating it. Chair Spence -Jones: It's ratifying it, yes. And I understand that everything went well, Ms. Nelson. Saliha Nelson: Yes. Saliha Nelson, 1600 Northwest 3rd Avenue, Building D, 33136. We did have our kick-off event on Saturday, April 25, at the hope -to -be new Overtown Peace Park on 1025 Northwest 2nd Avenue. And we had about 30 folks show up to clean the lot, dig holes in very hard dirt. And we planted successfully 10 trees and 25 fire bush and did some mulching. It went very well. The only thing -- and I would like to say is that in order for the trees to live, the request has already been in that the trees need to be watered five days a week for the next thirty days, or else it'll be all for naught. So if the City -- I know we're requested to be on the watering route already, so hopefully, they will -- Vice Chair Sarnoff Good luck on that one. I mean, if you -- the hardest thing in the City of Miami is to get the water truck. You could get the cops out there. You could get the firemen out there, but you can't get the watering truck. Ms. Nelson: We hope that the water truck will not pass us by because I just want to put on the record that it was girls helping to plant this. And I just want to give a special "thank you" because we could not have done it without the Overtown NET (Neighborhood Enhancement Team). Thank you, Mr. Daniels [sic]. He was out hustling with the shovel. And also Clarence came out there looking too nice, but he got in the dirt and got dirty. Thank you very much for your shovel work. The girls appreciate it. Vice Chair Sarnoff Before the acting City Manager walks away -- 'cause you have the acting City Manager right there. You need to make sure that for the next two weeks you have the watering truck. Ms. Nelson: Please. Chair Spence -Jones: Larry. Vice Chair Sarnoff You're the acting City Manager, correct, sir? Larry Spring (Chief Financial Officer): Not right now, no. Vice Chair Sarnoff In a day or two? Mr. Spring: On Wednesday, yes. City of Miami Page 30 Printed on 5/21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 Chair Spence -Jones: On Wednesday. Vice Chair Sarnoff She needs -- Chair Spence -Jones: So she needs water, agua. Ms. Nelson: The special request is -- Vice Chair Sarnoff -- the watering truck everyday that you're the acting City Manager. Ms. Nelson: Yes, 1025 Northwest 2nd Avenue. Vice Chair Sarnoff Can you make that commitment to her? Unidentified Speaker: On the record. Chair Spence -Jones: We'll -- Vice Chair Sarnoff On the record. Chair Spence -Jones: -- ask for Jim to reach out to Larry. But we also have -- we could also request that, through Roots in the City, if Jim could also work along with them to see if we could utilize their watering truck for at least the first week. Is it a week --? Ms. Nelson: It's 30 days. Chair Spence -Jones: Thirty days. Ms. Nelson: Thirty days, five days a week, or else the trees will die. Chair Spence -Jones: Okay. Commissioner Sanchez: But see, that isn't good enough, Larry. The fire truck isn't good enough. You're going to go out there and water those plants, since you want to act City Manager -- like a city manager. Chair Spence -Jones: Well, we officially put it on the record. Mr. Spring: Okay. Commissioner Sanchez: All right. Chair Spence -Jones: Did you say yes? Mr. Spring: I will address the request (INAUDIBLE). Commissioner Sanchez: Spoken like a true city manager. Chair Spence -Jones: Right. Thank you so much. Mr. Villacorta: He'll seek an opinion of it. Commissioner Sanchez: All right. City of Miami Page 31 Printed on 5/21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 Chair Spence -Jones: And I just want to add with Saliha -- and we're going to move on to the next item. I heard that it went really well. Unfortunately, I was not able to be there because my son's first baseball tournament was on that particular -- yes -- and I had to be there. Commissioner Sanchez: Oh, I thought it was Noah. Chair Spence -Jones: No, not Noah's. Noah's not -- Commissioner Sanchez: Noah's playing ball already? Chair Spence -Jones: I had to be there, and I didn't realize the times conflicted, but I will be there on Saturday. And I invite all of you out on Saturday for the big peace event that we're having at -- starting at Gibson Park. Ms. Nelson: Starting at Gibson Park, 10 o'clock, and heading over to the 9th Street Mall at 11. So it's going to be great fitn. Please come out. Chair Spence -Jones: Thank you -- Commissioner Sanchez: All right. Chair Spence -Jones: -- Ms. Nelson. Commissioner Sanchez: Good job. 10. 09-00426 CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING EXPENDITURE OF FUNDS, IN AN AMOUNT NOT TO EXCEED $18,000, WITH FLORIDA POWER AND LIGHT FOR THE INSTALLATION AND ONE YEAR OF OPERATION OF LIGHTING ALONG THE FLORIDA EAST COAST RAILWAY RIGHT OF WAY, FROM BISCAYNE BOULEVARD TO N.W. 14TH STREET, MIAMI, FLORIDA; 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, "OTHER CONTRACTUAL SERVICES," ACCOUNT CODE NO. 10050.920101.534000.0000.00000. Cover Memo.pdf Financial Form.pdf Backup.pdf Legislation.pdf Motion by Commissioner Sanchez, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Vice Chair Sarnoff, Chair Spence -Jones and Commissioner Sanchez Absent: 2 - Commissioner Gonzalez and Commissioner Regalado CRA-R-09-0028 Commissioner Sanchez: Move item number 10. Chair Spence -Jones: We already -- we had a motion. Okay. City of Miami Page 32 Printed on 5'21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 Commissioner Sanchez: Item number 10, so move. Chair Spence -Jones: All right. We have a motion on 10. Do we have a second? Vice Chair Sarnoff. Second. Chair Spence -Jones: Second. All in favor? The Commissioners (Collectively): Aye. Chair Spence -Jones: Do you need to put something, Jim? 'Cause you keep -- James Villacorta (Interim Executive Director, Community Redevelopment Agency): No. Chair Spence -Jones: -- looking at us. Okay. Mr. Villacorta: No. Chair Spence -Jones: All right. 11. 09-00427 CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING ISSUANCE OF A REQUEST FOR QUALIFICATIONS FOR THE DESIGN -BUILD RENOVATION OF THE BUILDING AT THE CORNER OF N.W. 3RD AVENUE AND N.W. 14TH STREET, MIAMI, FLORIDA FOR USE AS A RESTAURANT BY TWO GUYS RESTAURANT, INC. Cover Memo.pdf Backup.pdf Legislation.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Vice Chair Sarnoff, Chair Spence -Jones and Commissioner Sanchez Absent: 2 - Commissioner Gonzalez and Commissioner Regalado CRA-R-09-0029 Chair Spence -Jones: Let's move on to item number 11. James Villacorta (Interim Executive Director, Community Redevelopment Agency): Item number 11 is a resolution of the Board of Commissioners of the Southeast Overtown/Park West Community Redevelopment Agency authorizing issuance of a request for qualifications for the design -build renovation of the building at the corner of Northwest 3rd Avenue and Northwest 14th Street for a use as a restaurant by Two Guys Restaurant, Inc. Chair Spence -Jones: Any questions or comments on this item? City of Miami Page 33 Printed on 5,21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 Vice Chair Sarnoff So move. Chair Spence -Jones: I have a motion from Commissioner Sarnoff. Commissioner Sanchez: Second. Chair Spence -Jones: Second from Commissioner Sanchez. All in favor? The Commissioners (Collectively): Aye. Chair Spence -Jones: And this item passes. DISCUSSION ITEMS 12. 09-00428 CRA DISCUSSION DISCUSSION REGARDING UPDATE ON DEV-CON URBAN PARTNERS & AFFORDABLE, LLC. Cover Memo.pdf Backup.pdf DISCUSSED Chair Spence -Jones: We're going to move on to the discussion items, and I'm going to ask Mr. Jim Villacorta to at least give us a briefing on the two items. James Villacorta (Interim Executive Director, Community Redevelopment Agency): Item number 12 is the first discussion item, and it regards the development of CRA (Community Redevelopment Agency) parking lot P-2, at the corner of 12th Street and 3rd Avenue. As you recall, we -- the Board had made an award to Dev-Con Urban Partners and Affordable LLC (Limited Liability Company) for development of a 40-unit apartment building. The corporation has not been able to sign the agreement. We've given them a deadline of May 1 to sign the agreement. There's some issue among the partnership about whether they're -- both partners are willing to go forward. If they do not sign by May 1, we intend to terminate any rights they have, and we'd like permission to put the parcel back out for bid. Chair Spence -Jones: Okay. Commissioner Sarnoff, you have any comments on this issue? I know this was a pretty big presentation that was made to the Board a while ago regarding this overall project. So I guess you want to wait until after May 1 to -- Mr. Villacorta: Yeah. We've given them -- Chair Spence -Jones: -- give them to May 1. Mr. Villacorta: -- a formal letter telling them they have to come in and sign the agreement, put down the deposits by May 1. I think we're all aware of the economic difficulties that have surrounded development in the last few months. And if they fail to come in on May 1, we intend to put the property back out for bid -- Chair Spence -Jones: Okay. Mr. Villacorta: -- within the week. Chair Spence -Jones: Are you also, Jim -- I'm sorry. I have a couple questions, but I'm going to let you go first. City of Miami Page 34 Printed on 5/21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 Vice Chair Sarnoff All right. Chair Spence -Jones: No, no. You go. Vice Chair Sarnoff I don't have a question. Chair Spence -Jones: Oh, you don't? Okay. Just -- the next time you put it out, Jim, are you going to be putting both parcels out at the same time or just that one? Mr. Villacorta: We already have a request from the Board to put out the building adjacent to it that we purchased over the summer, and we would hope for a combined project on -- it's actually four lots; the three that were in the Dev-Con and the one in the -- that fronts on 3rd Avenue. So we would put that all out as one parcel -- Chair Spence -Jones: One major project. Mr. Villacorta: Yes. Chair Spence -Jones: Okay. Mr. Villacorta: -- seeking a mixed -use development of residential units and retail. Chair Spence -Jones: Okay. Mr. Villacorta: And that's where we planned to move the library out of Gibson Park and relocate it into this new building. Chair Spence -Jones: Okay. So Commissioner Sarnoff doesn't have any more comments on that, so we'll -- no other discussion on this at all. 13. 09-00429 CRA DISCUSSION DISCUSSION REGARDING PARK AT FDOT PROPERTY ON N.W. 3RD AVENUE. Cover Memo.pdf Backup.pdf DISCUSSED Chair Spence -Jones: So we'll move on to item number 2 [sic]. James Villacorta (Interim Executive Director, Community Redevelopment Agency): Or item 13 is the second discussion item, and that's a discussion regarding creating a park at the FDOT (Florida Department of Transportation) property on Northwest 3rd Avenue, immediately south of Mount Zion Church. And there was a presentation made by Mount Zion CDC (Community Development Corporation) and Mr. Patterson. I don't know if he's here. Chair Spence -Jones: Is Don Patterson here? Mr. Villacorta: Tonight. He's attempting to obtain some funding from the County, and the City has indicated that it can make some funding available for landscaping. And I guess we just need some direction from the Board to work with him and -- Chair Spence -Jones: Okay. We're just doing discussions just to keep things moving. I don't know if anyone has any questions. I have some comments on this. But do you have any questions on this at all? Okay. This is regarding the parcel that is really the gateway into the City of Miami Page 35 Printed on 5/21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 Overtown area. Currently, there's a sign that's there on that lot, that plot of land, which is, I guess, adjoining or attached to the FDOT parcel. And this is to kind of create some sort of greenway entrance into the heart of Overtown. So I believe that they've already started working on some concepts. And are they looking at bringing something back or what? Mr. Villacorta: They're trying -- Mount Zion CDC is trying to secure funding from the County for a portion of the park. Some of the City staff has indicated that they may be able to provide funding, but it would have to be a City project. They wouldn't be able to give a grant to an outside CDC. Chair Spence -Jones: Okay. Mr. Villacorta: So we intend to work with the City and the CDC to see what financing formula can be patched together to make this project work -- Chair Spence -Jones: Okay. Mr. Villacorta: -- and try and move it forward. Chair Spence -Jones: So you'll bring it for -- both discussion 1 [sic] and 2 [sic] back to the next agenda. Mr. Villacorta: Yes. Chair Spence -Jones: Okay. Mr. Villacorta: Yes. Chair Spence -Jones: All right. So any other questions or comments on number 2 [sic]? We're going to go 'head [sic] and go to the overall agenda. NON -AGENDA ITEMS NA.1 09-00475 CRA DISCUSSION BRIEF DISCUSSION REGARDING FUTURE GRANT AWARDS AND THE BONDING CAPACITY OF THE COMMUNITY REDEVELOPMENT AGENCY. DISCUSSED Direction by Vice Chair Spence -Jones to the Administration to provide the Board with a timeline for CRA (Community Redevelopment Agency) bonding. Chair Spence -Jones: I see Mr. CFO (Chief Financial Officer), Larry Spring. Villacorta -- Mr. Villacorta said you wanted to put something officially on the record regarding the bonds and the things that we're preparing for over the summer and fall. And -- 'cause I know that was one of Dr. Ahr's requests, and I believe that has been resolved, but I know you wanted to officially put something on the record. So you are recognized, Mr. Larry Spring, CFO. Larry Spring: Thank you. Larry Spring, chief financial officer, City of Miami. I just wanted to put on the record my discussions with the executive director and the Chair regarding future grant awards by the CRA (Community Redevelopment Agency) until we complete our process. As you give additional grant awards between now and the time we actually go to market, those grant awards will become a priority funding prior to us calculating what our bonding capacity is. So it was just kind of a general -- if we could hold off on some of the larger ones until we get City of Miami Page 36 Printed on 5/21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 to that process, include those in our bond -- in our program plan, it probably allow us to leverage our position better. So that was just a general comment that I wanted to put on the record, and hopefully, the CRA Board is in agreement with my suggestion. Chair Spence -Jones: Any questions or comments? Vice Chair Sarnoff No. Chair Spence -Jones: Why are you laughing, Commissioner Sarnoff? Vice Chair Sarnoff Oh, I just always like to use Larry's numbers. Chair Spence -Jones: Oh, okay. Let's not start that one. James Villacorta (Interim Executive Director, Community Redevelopment Agency): But in particular, you were talking about the Southeast Overtown/Park West CRA? Mr. Spring: Yes, in particular, but it will affect both -- Chair Spence -Jones: Yes. Mr. Spring: -- at the end of the day. Chair Spence -Jones: And you are working -- I'm assuming, on the Omni, you guys are preparing for the FON (phonetic) and all -- Mr. Spring: Yeah. We're -- Chair Spence -Jones: -- of that as well? Mr. Spring: -- going -- we'll be going through the same process at Southeast Overtown/Park West for Omni. Vice Chair Sarnoff Omni's in for a penny and in for a pound. Mr. Spring: There you go. Chair Spence -Jones: Only thing, Mr. CFO, that I would like and I have asked for is to get the timeline. I've been asking for the timeline for the summer and the -- so as soon as you can get that to me, it'd be greatly appreciated. Mr. Spring: Okay. Chair Spence -Jones: All right. Mr. Spring: We'll give you -- Chair Spence -Jones: Thank you -- Mr. Spring: -- something formal. Chair Spence -Jones: -- so much for coming. Vice Chair Sarnoff Can I ask --? City of Miami Page 37 Printed on 5/21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 Chair Spence -Jones: Sure. Vice Chair Sarnoff Larry, are we having any trouble issuing bonds 'cause it seems like you've been intending to issue? Mr. Spring: No. Actually, yes. We have the authorization for the HD (Homeless Defense) bond that we -- Vice Chair Sarnoff. Right. Mr. Spring: -- brought before the Commission. We pulled back on timing because actually today, tomorrow, Wednesday and Thursday, we're meeting with the bond rating agencies. Vice Chair Sarnoff Oh, okay. Mr. Spring: Actually, we met with Fitch today, about a six -hour meeting. We did a full presentation, took them around did the city tour. So, you know, in the next -- I think May 8 they'll issue their rating on the HD issue specifically. And you know, we're kind of getting ready for the others. Vice Chair Sarnoff And the street bonds are also going to be issued? Mr. Spring: Street bonds will be July 9 is the expected date for that, and we informed the rating agency that we met with today that we're moving up CRA to about September. So we're planning on expediting these, so we'll be meeting with the executive director, going through creating the bonding plan for both CRAs, and then we'll be coming back before the CRA, City Commission, and the County Commission as well -- Vice Chair Sarnoff Right. Mr. Spring: -- for those approvals. Chair Spence -Jones: Okay, thank -- Any other questions? All right. Thank you so much, Mr. CFO. Mr. Spring: Thank you. Chair Spence -Jones: All right. NA.2 09-00476 CRA DISCUSSION BRIEF DISCUSSION REGARDING RESCHEDULING OF THE MAY 2009 COMMUNITY REDEVELOPMENT AGENCY MEETING. DISCUSSED Chair Spence -Jones: The only -- we've already dealt with the discussion. The only thing I want to make -- comment before you guys go, I want to ask for you to come back for the next CRA meeting in May -- wait one second. You know our meeting -- we're not meeting in late June, right? Or we're meeting May -- James Villacorta (Interim Executive Director, Community Redevelopment Agency): We're meeting May 18. Chair Spence -Jones: Right, so we won't have the -- we won't have our meeting at the end of May. City of Miami Page 38 Printed on 5/21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 Commissioner Sanchez: Whoa, whoa, whoa. Mr. Villacorta: Right, because -- Chair Spence -Jones: May 18. That's what I want to make -- Commissioner Sanchez: Well, May 18's a bad day for me. Chair Spence -Jones: Okay. I just -- Mr. Villacorta: We moved it because of Labor [sic] Day. Commissioner Sanchez: I want to put it on the record -- Chair Spence -Jones: Memorial Day. Commissioner Sanchez: -- May 18 is a bad day for me. Chair Spence -Jones: Okay, so do we need to --? One second. I know you got to go. Can't go -- have to go any faster than I do. Do we need to move it off May 18 to accommodate him? Mr. Villacorta: I'll submit some dates and -- Chair Spence -Jones: Yeah. Please submit some dates. Mr. Villacorta: Okay. Chair Spence -Jones: And I want to make sure that we also -- you come back with also a summer jobs program for the kids -- Mr. Villacorta: Okay. Chair Spence -Jones: -- 'cause that's going to be a big issue. That needs to be on May's agenda, okay? Mr. Villacorta: Okay. NA.3 09-00477 CRA DISCUSSION BRIEF DISCUSSION REGARDING GRANT TO NMA INVESTMENTS, INC. FOR CLEAN-UP OF FEC ROW. DISCUSSED Chair Spence -Jones: With that being said, I'd like to officially adjourn this CRA (Community Redevelopment Agency) meeting. Any other comments before we leave? Vice Chair Sarnoff. Jim, are you going to bring up Brad Knoefler's building, the linear park? Chair Spence -Jones: Yes. James Villacorta (Interim Executive Director, Community Redevelopment Agency): At the last meeting, you directed us to take 60 days -- Vice Chair Sarnoff Okay. City of Miami Page 39 Printed on 5/21/2009 SEOPW and OMNI Community Redevelopment Agencies Meeting Minutes April 27, 2009 Mr. Villacorta: -- and work on that, so we're investigating the funding sources, and we'll bring it back. Vice Chair Sarnoff Okay. Chair Spence -Jones: This meeting is officially adjourned. Thank you. City of Miami Page 40 Printed on 5/21/2009