Miami-Dade Legislative Item
File Number: 110229
   

File Number: 110229 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1147-10 Control: Board of County Commissioners
File Name: MILITARY MUSEUM BUILDING BETTER COMMUNITIES GOB PROJECT #293 Introduced: 2/1/2011
Requester: NONE Cost: Final Action: 12/7/2010
Agenda Date: 12/7/2010 Agenda Item Number: 5E
Notes: THIS IS THE FINAL VERSION AS ADOPTED. Title: RESOLUTION APPROVING SIGNIFICANT MODIFICATION TO BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM PROJECT NO. 293 - “HISTORIC PRESERVATION FUND”, AS IDENTIFIED IN APPENDIX A TO RESOLUTION NO. R-919-04 TO ALLOCATE $1,000,000 TO FRIENDS OF THE MILITARY MUSEUM OF SOUTH FLORIDA AT NAS RICHMOND, INC. TO FUND WORK TO RICHMOND NAVAL AIR STATION AFTER PUBLIC HEARING; WAIVING ADMINISTRATIVE RULES CONTEMPLATING COMPETITIVE PROCESS; AND AUTHORIZING COUNTY MAYOR OR MAYOR’S DESIGNEE TO EXECUTE INTERLOCAL COOPERATION AGREEMENT AND TO DISBURSE FUNDS AFTER SATISFACTION OF CONDITIONS PRECEDENT [SEE ORIGINAL ITEM UNDER FILE NOS. 102297 AND 102447]
Indexes: BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND
Sponsors: Dennis C. Moss, Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Joe A. Martinez, Co-Sponsor
  Rebeca Sosa, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

County Attorney 2/1/2011 Assigned Geri Bonzon-Keenan

Board of County Commissioners 12/7/2010 5E Amended Adopted as amended P
REPORT: Assistant County Attorney Gerri Bonzon-Keenan advised the County Commission members that the foregoing proposed resolution must be amended to update the Project Descriptions for the Historic Preservation Fund to include all approved allocations made by the Commission. First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record. Chairman Moss opened the public hearing on the foregoing proposed resolution and the following individuals appeared in support of this resolution. Mr. Richard Heisenbottle, Architect, 2199 Ponce-de-Leon Boulevard, expressed appreciation to the County Commission for its support of historic preservation, particularly the Curtiss Mansion and the Military Museum project. He requested the Commission’s assistance in resolving issues involving the General Obligation Bond (GOB) grants for these projects. Mr. Heisenbottle noted due to the wording of the original GOB grant agreements, County staff would not allow either of these two projects to draw down their final retainage amounts on their original GOB grants. He said this resulted in negative financial consequences for two contractors and several subcontractors, although they had successfully completed their respective scopes of work. Mr. Heisenbottle noted the problem appeared that two projects were not “finished”, and as a result, the County Attorney had interpreted that work must be “finished” in order for contractors and subcontractors to receive the outstanding retainage. He noted from the outset of these projects, everyone understood that the available GOB funding would be inadequate to complete the entire project. Mr. Heisenbottle said additional funding to complete these projects was expected to come from second GOB grant allocations, and from State, federal and private sources. He noted federal tax credits would most likely be the final funding source. Mr. Heisenbottle said the pending legislation for additional GOB monies contained a requirement that would make this County source the “last funding to complete the projects.” He noted this constraint served no logical purpose as the money could never be applied to the Federal Tax Credit Program and would further delay construction, leaving these half completed historic structures vulnerable to vandals and the elements. Mr. Heisenbottle asked that the Commission intercede with County staff and arrange for some resolution to the retainage on the initial grant and the removal of the “last money in” language from the pending grant legislation. Mr. Anthony D. Atwood, 9337 SW 37 Street, reservist, asked that issues involving “the last money” in be changed. Mr. Joe Martory, 3521 SW 88 Court, U.S. Navy Vietnam War Veteran Mr. Jim Ness, Vietnam Veteran Hearing no one else wishing to speak, Chairman Moss closed the public hearing. In response to Chairman Moss’ inquiry on how issues involving the “last money in” clause and the retainage could be addressed, Assistant County Attorney Bonzon-Keenan noted language relating to the first and last money in was only incorporated in this proposed resolution; therefore, it was within the Commission’s prerogative to remove that language. She further noted the Curtiss Mansion had similar requirements and the Commission could also amend that item to remove the restriction. Chairman Moss noted his intent to remove the restrictions. Assistant County Attorney Bonzon-Keenan noted the retainage policy issue was contained within the Commission’s approved Administrative Rules governing the GOB program which currently provided that 5-percent of project allocations be retained by the County until project completion. She advised that project completion according to Administration was the receipt of a final Certificate of Occupancy or Certificate of Completion. Assistant County Attorney Bonzon-Keenan said this requirement was currently being applied to all projects; however, it was within the Commission’s prerogative to waive those requirements for any given project. Responding to Chairman Moss’ inquiry whether retainage could be based upon the project construction phase, Assistant County Attorney Bonzon-Keenan said three types of projects existed under the GOB program. She noted one subset related to County projects and the construction contracts for these projects normally included retainage language which was discretionary pursuant to State law. Assistant County Attorney Bonzon-Keenan said the other two types of projects involved municipal contracts, such as the City of Opa-locka project; and projects for which funding was granted to individual grantees, such as the Military Museum. She noted statutory provisions were not applicable to these projects. Assistant County Attorney Bonzon noted the County Commission delegated authority to the Mayor or his designee to enter into standard Interlocal Agreements, and once funding allocations were approved, these Agreements would not come back to the Commission for approval. She advised the Commission that it could amend the Administrative Rules to establish a clear policy that would allow the County Manager to continue executing the Interlocal Agreements under his delegated, administrative authority; or Administration could bring individual projects to the Commission for approval of an Interlocal Agreement with a different retainage policy. Assistant County Attorney Bonzon noted the Commission could waive the Administrative Rules for the projects on today’s (12/7) agenda. County Manager Burgess noted he was not aware of the Commission ever waiving the retainage for any of the other allocations being provided to municipalities or not-for-profit organizations. He said this proposal was being treated similar to other agreements and the 5-percent retainage ($50,000) was a form of protection for the County and he did not foresee it as jeopardizing the project's outcome or the ability to secure additional funding. Chairman Moss asked that the foregoing proposed resolution be amended to remove the “last money in” clause. He noted he would review the retainage policy. In response to Chairman Diaz, County Manager Burgess said the County would provide funding to the grant recipient but would withhold 5-percent. He noted the Military Museum was a $5 million project and the County was contributing $1 million towards the total project cost. Mr. Burgess said $950,000 of the funds would go towards the project and $50,000 would be withheld until the project’s substantial completion. Commissioner Jordan noted she was opposed to removing the retainage policy as this was used to ensure subcontractors were paid. In response to Commissioner Martinez’ inquiry regarding the language that would be removed, Assistant County Attorney Bonzon-Keenan noted the deletion of the last sentence in Section 4 requiring that the $1 million allocation from the Historic Preservation Fund be used to fund the last $1 million of construction costs necessary to complete the project. She also noted similar language appeared in the resolution relating to the Curtiss Mansion project and the motion was to remove the language from the Military Museum and Curtiss Mansion projects. Commissioner Martinez noted his support for this proposal as presented inasmuch as the proposed language would provide immediate access to project funding and he believed the retainer should remain. He pointed out that there would not be any available funds for GOB Program Project No. 293 once this $10 million was allocated. Commissioner Martinez further pointed out these allocations did not undergo a selection process. County Manager Burgess explained the reason for the money going in last was to ensure that various contributing revenues were assembled and sufficient funding was available to fully fund the project. It was moved by Commissioner Sosa that the County Commission adopt an appropriate resolution amending resolution (R-707-10), adopted on July 8, 2010, to delete the language requiring that the $1 million allocation from the Historic Preservation Fund be used to fund the last $1 million of construction costs necessary to complete the project, as contained within the last sentence in Section 4. This motion was seconded by Commissioner Heyman and upon being put to a vote, passed by a vote of 12-0, (Commissioner Edmonson was absent). [See Agenda Item 18B1, Legislative File No. 110240. Also the July 8, 2010 Meeting Minutes, Agenda Item 5D, Legislative File No. 101084]. The County Commission by motion duly made, seconded and carried, adopted the foregoing proposed resolution as amended to update the project description for the Historic Preservation Fund to include all approved allocations made by the Commission. Upon conclusion of the foregoing item, Commissioner Seijas requested the County Commission consider the funding of future projects identified by those commissioners who had not participated in this funding request.

Legislative Text


TITLE
RESOLUTION APPROVING SIGNIFICANT MODIFICATION TO BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM PROJECT NO. 293 - “HISTORIC PRESERVATION FUND”, AS IDENTIFIED IN APPENDIX A TO RESOLUTION NO. R-919-04 TO ALLOCATE $1,000,000 TO FRIENDS OF THE MILITARY MUSEUM OF SOUTH FLORIDA AT NAS RICHMOND, INC. TO FUND WORK TO RICHMOND NAVAL AIR STATION AFTER PUBLIC HEARING; WAIVING ADMINISTRATIVE RULES CONTEMPLATING COMPETITIVE PROCESS; AND AUTHORIZING COUNTY MAYOR OR MAYOR’S DESIGNEE TO EXECUTE INTERLOCAL COOPERATION AGREEMENT AND TO DISBURSE FUNDS AFTER SATISFACTION OF CONDITIONS PRECEDENT

BODY
WHEREAS, Appendix A to Resolution No. 919-04 (the “Cultural Facility Resolution”), lists projects eligible for funding from the Building Better Communities General Obligation Bond Program (the “BBC Program”) by project number, municipal project location, BCC district, project name, project description, street address, and project funding allocation; and
WHEREAS, one of the projects listed in Appendix A to the Cultural Facilities Resolution and approved by the voters for funding is Project No. 283 - “Richmond Naval Air Station – Building 25” with an allocation of $2 million and a project description that states: “Relocate this historic structure to a location near Miami MetroZoo and complete its rehabilitation as a military museum and memorial. Building 25 is the last remaining wood frame building of the Richmond Naval Air Station, which served as control base for blimps that protected the South Florida coastline during World War II and as a CIA base during the Cuban Missile Crisis. Through the Office of Historic Preservation” (the “Military Museum”); and
WHEREAS, also listed in Appendix A to the Cultural Facility Resolution and approved by the voters for funding is Project No. 293 – “Historic Preservation Fund” (“Project No. 293”), a Countywide fund with an allocation equal to $10,000,000 and a project description that states: “[e]stablish a facilities preservation fund to provide emergency funding to property owners for the rehabilitation of residential and commercial historic sites. The program is geared to make an impact in the revitalization of historic buildings at the neighborhood level, particularly designated historic districts and other areas having a high concentration of older buildings. The Preservation Fund intends to make available up to $1 million annually in grants and loans between $25,000 and $250,000, $3 million to fund the Miami Marine Stadium, $1.8 million to fund the rehabilitation and restoration of the Historic Hampton House, and $1 million to fund the restoration of Curtiss Mansion”; and
WHEREAS, all additions, deletions and significant modifications to individual projects or to Appendix A to the Cultural Facility Resolution require a majority vote of the Board after a public hearing; and
WHEREAS, this Board wishes to approve a significant modification to Project No. 293 to change the Project Description to add a $1 million allocation to complete the restoration of the Military Museum such that the new Project Description would read as follows: “[e]stablish a facilities preservation fund to provide emergency funding to property owners for the rehabilitation of residential and commercial historic sites. The program is geared to make an impact in the revitalization of historic buildings at the neighborhood level, particularly designated historic districts and other areas having a high concentration of older buildings. The Preservation Fund intends to make available up to $1 million annually in grants and loans between $25,000 and $250,000, $3 million to fund the Miami Marine Stadium, $1 million to fund the restoration of Curtiss Mansion, $1.8 million to fund the rehabilitation and restoration of the Historic Hampton House, and $1 million to fund the restoration of the Military Museum”; and
WHEREAS, this significant modification to Project No. 293 would add the Military Museum, a facility designated by the Miami-Dade County Board of Historic Preservation as a historic site, as eligible for funding and would allocate $1 million of Project No. 293 BBC Program funds to its historical preservation; and
WHEREAS, these funds would complement additional funding for the restoration of Military Museum provided by BBC GOB Project No. 283- “Richmond Naval Air Station – Building 25”; and
WHEREAS, the Administrative Rules governing the BBC GOB Program contemplate that the award of Project No. 293 funds to an eligible project be made pursuant to a competitive process even though such a process is not legally required; and
WHEREAS, because a competitive process is not currently contemplated, this Board wishes to award $1 million from Project No. 293 BBC GOB Program funds to the Military Museum without a competitive process; and
WHEREAS, this Board wishes to authorize the execution of an Grant Agreement with the Friends of the Military Museum of South Florida at NAS Richmond, Inc. (the “Grantee”) and the disbursement of BBC GOB Program funds for this purpose only after the satisfaction of certain conditions precedent,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. The foregoing recitals are incorporated in this resolution and are approved.
Section 2. This Board hereby approves the significant modification to Project No. 293, identified in Appendix A to Resolution No. R-919-04, after a public hearing to change the Project Description to read as follows: “Establish a facilities preservation fund to provide emergency funding to property owners for the rehabilitation of residential and commercial historic sites. The program is geared to make an impact in the revitalization of historic buildings at the neighborhood level, particularly designated historic districts and other areas having a high concentration of older buildings. The Preservation Fund intends to make available up to $1 million annually in grants and loans between $25,000 and $250,000, $3 million to fund the Miami Marine Stadium, $1 million to fund the restoration of Curtiss Mansion, $1.8 million to fund the rehabilitation and restoration of the Historic Hampton House, and $1 million to fund the restoration of the Military Museum.”
Section 3. This Board waives the Administrative Rules governing the BBC GOB Program that contemplate the award of Project No. 293 funds to an eligible project pursuant to a competitive process and awards $1 million from Project No. 293 BBC GOB Program funds to the restoration of the Military Museum without a competitive process.
Section 4. Notwithstanding the authority delegated to the County Manager pursuant to Resolution No. R-595-05, this Board hereby authorizes the County Mayor or the Mayor’s designee to execute an Grant Agreement(s) and to disburse BBC GOB Program funds to fund the restoration of the Military Museum only after the satisfaction of all of the following conditions precedent: (a) the Grantee shall submit a plan for the funding of all design and construction costs associated with the complete restoration of the Military Museum (the “Project”), including identification of all funding sources and written commitments from third parties, if any, and the Grantee covenants and warrants that it has, in combination with the Project No. 293 $1 million allocation, the amount of funding necessary to complete the Project; (b) the Grantee shall submit a plan for the funding of future operating costs of the Project; and (c) Project No. 293 must be listed as a project eligible for funding in one or more BBC GOB Program bond series resolutions.



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