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HomeMy WebLinkAboutCC 1999-03-02 MinutesCITY OF MTAMI COMMISSION MINUTES OF MEETING HELD ON MARCH 2, 1999 (Special Commission Meeting) PREPARED BY THE OFFICE'OF=THE CITY CLERK/CITY HALL Walter J. Foeman/Chy Clerk INDEX MINUTES OF SPECIAL MEETING MARCH 2,1999 ITEM NO. SUBJECT LEGISLATION COMMENTS FROM COMMISSIONER REGALADO REGARDING 3/2/99 PROPOSED MORATORIUM FOR ADULT LIVING FACILITIES IN CITY. DISCUSSION 4 2. RESCHEDULE MARCH .9, 1999, CITY COMMISSION MEETING TO 3/2/99 MARCH 23, 1999, AT 10:00 A.M. M 99-165 5-6 3. RECONFIRM CRA (COMMUNITY REDEVELOPMENT AGENCY) 3/2/99 MEETING SCHEDULED FOR MARCH 8, 1999 AT 5:00 P.M. AT LE GRAND DISCUSSION HOTEL. 6-7 MINUTES OF SPECIAL MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 2"d day of March, 1999, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in special session. The meeting was called to order at 4:15 p.m. by Presiding Officer/Commissioner J. L. Plummer, Jr. (hereinafter referred to as Vice Chairman Plummer), with the following members of the Commission found to be present. Commissioner Wifredo Gort (District 1) Commissioner J. L. Plummer, Jr. (District 2) Commissioner Tomas Regalado (District 4) ALSO PRESENT: Donald H. Warshaw, City Manager Alejandro Vilarello, City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk ABSENT: Commissioner Arthur E. Teele, Jr. (District 5) Commissioner Joe Sanchez (District 3) Commissioner Plummer: Is the Mayor coming? Do we know if he's going to be here? Tell your mother I called her three times... Commissioner Gort: Why? Commissioner Plummer: returned her call. Commissioner Gort: Oh, OK. Commissioner Plummer: Playing telephone tag. Commissioner Gort: OK. March 2, 1999 Commissioner Plummer: Mr. Clerk, my, understanding is, the sole purpose of being here is to cancel Tuesday's meeting. Mr. Walter J. Foeman (City Clerk): Reschedule the meeting. Commissioner Plummer: Has a date been proffered for the reschedule date? Mr. Foeman: I haven't been in touch with the Mayor's Office. Commissioner Plummer: Because we know we have a meeting on the 23`d. Mr. Foeman: The 23rd Commissioner Plummer: It would sure help if we knew in advance so we could check our calendars. Commissioner Regalado: Who is going to be out of town? Commissioner Plummer: I don't... That's what I am saying. Commissioner Regalado: I mean, because I am reading here March 8 h, a Monday, the CRA (Community Redevelopment Agency) meeting. Commissioner Plummer: Yeah, and I got jury duty. Commissioner Regalado: Huh? Commissioner Plummer: I got jury duty. I think I have jury duty, Mr. City Attorney. Mr. Alejandro Vilarello (City Attorney): I have, you know, that's in the process of what the Charter... you are a very, very important gentleman, you need to... [off microphone] Commissioner Plummer: That's 3-A. [phonetic] Commissioner Regalado: What was the case, "The Circle", we are going to be...? Commissioner Plummer: Would that be something, huh? You know damn well they are not going to let me on that jury. No way, Jose. Let me look here. So, it would be after the 4`h. Commissioner Regalado: ... J.L., I was saying that the CRA meeting is on Monday at 5:00 p.m. Commissioner Plummer: Yeah. I can't do it on Tuesday the 16`h. From where? He's on his way, but from where? Is, are you still doing the agendas? What does the agenda look like on the 23`d, is it a heavy agenda? Mr. Donald H. Warshaw (City Manager): I was going to ask that. That's exactly what I was going to ask.. tell you, I know the answer. Commissioner Plummer: What's the answer? 2 March 2, 1999 Mr. Warshaw: You want it on the record? Commissioner Plummer: Well, I... we are not on the record, so tell me. Mr. Warshaw: For the 9`h, there are 21 appointments. if you take the appointments off the 9`h agenda.... Commissioner Plummer: Yeah.. Mr. Warshaw: ... and divide the two, you are OK. But, if you leave the 21 appointments on the 9`h... on the 23`d, you are going to go over the 60 items. So, it's the appointments that are going to create... Commissioner Plummer: Are you looking for the Upper East Side? Ma'am, go down this corridor over there and in the C.O.W. (Committee of the Whole) Room. Mr. Warshaw: If you hold one meeting... Commissioner Plummer:: Well... Mr. Warshaw: ... one meeting and you pull some of the appointments'out... Commissioner Plummer: ... why don't you put the appointments on the agenda, if we get to them fine, if we don't fine. Mr. Warshaw: If you combine, if we combine the two agendas, you have got 63 items. Eight Commissioners' items, 23 on the Consent that only counts as one. So, you are just a few over. So, if you pullout some of the appointments... Commissioner Plummer.: Yeah, but why not just leave the appointments on there and if we get finished early we can go ahead and take them, and if we don't, we just continue them over to the next meeting. That's fine with me. Mr. Warshaw: You don't get... Commissioner Plummer: It's a short meeting. Commissioner Regalado: So, what do we do now? Commissioner Plummer: We wait for a third party, I guess. Yeah, my schedule only goes -to, doesn't go all the way over on... Hold on. The schedule I have only goes to... Oh, no, it is to the end of the month. Yeah. OK, bye. - [PRIOR TO CONVENING] 3 March 2, 1999 1. COMMENTS FROM COMMISSIONER REGALADO REGARDING PROPOSED MORATORIUM FOR ADULT LIVING FACILITIES IN CITY. Commissioner Regalado: Since we don't need a Commission vote, I would like to direct the administration to give the City Attorney information on the adult facilities, living facilities. I have discussed with the City Attorney, Mr. Manager, my idea of having some kind of moratorium or some new regulations as Hialeah has in adult living facilities in the City of Miami, and he says that we can proceed, but he needs the information from the administration. I know that there is a lady from the Fire Department that visits all these adult living facilities. My information is that zoning violations are in effect in those, in several areas. I would tell you, especially in Shenendoah. Commissioner Plummer: You know, we had a thing, and I asked, I think I asked you. There was a policy that this Commission established, now maybe we didn't do it by ordinance, and that's what we should have done, but we would not allow any more of these facilities in the City of Miami limits until other municipalities in Dade County picked up their fair ,share. And, every time they would let one, we would let one. And, that's the way that policy was established. Now, why we are not adhering to that, maybe it's because... That's why I asked him at the last meeting to establish and go ahead and get the ordinance. Get the ordinance into effect. Mr. Alejandro Vilarello (City Attorney): And, my discussions with Commissioner Regalado earlier, obviously there is certain ALF (Adult Living Facilities) which the City has pre-empted from additional. regulation by State Statute. And, there is other provisions depending on the number of individuals within the AlF where there is, where the City can impose additional regulations. But that has to happen by way of evidence presented and I am not sure what, if any enforcement action the City has taken and that's what I really need the Manager's Office to provide me, in.addition to the fire inspections which I understand are current and ongoing on life safety issues. The enforcements that is prevented by State Statutes whether or not we have been actively enforcing ALF's. But, as far as that policy that you just mentioned, Commissioner, I am not sure that just as a matter of course we could, we could impose such a policy by ordinance. Commissioner Regalado: Well, we can do what Hialeah did. Mr. Vilarello: There is regulatory schemes under the appropriate circumstances and the appropriate presentation of evidence before this City Commission. Commissioner Regalado: And, we can, you know what? We can forbid that people use houses to support ALF. And, what I am saying is that if you go with me to Shenendoah in one block you will have, in one corner, one ALF, in the other corner another AIF, and in the middle, you will have a house that supports where they keep all this... kitchens and refrigerators and stuff that they use, mattresses that they use in the AIF. And, you may not have people living there, but you do, are establishing several in the same block. Commissioner Plummer: Yeah, that was the last thing Alex did before,he got fired in Hialeah. Commissioner Regalado: Well, you know what he did, he sent them all here to Miami. You know, new buyers, go to Miami. March 2, 1999 2 . RESCHEDULE MARCH 9, 1999, CITY COMMISSION MEETING TO MARCH 23, 1999, AT 10:00 A.M. Mayor Carollo: Commissioner Gort will be here in about ten minutes. Commissioner Plummer: This is a special meeting. Is it on? This is a special meeting called by the Mayor for 4 o'clock, today. And, the reason for the call is the discussion relating to the March 91h meeting. We'll ask for a prayer from Mr. Regalado, and a pledge from Mr. Gort. Mr. Regalado. Everyone, please stand. An invocation was delivered by Commissioner Regalado, after which Vice Chairman Gort led those present in a pledge of allegiance to the flag. Commissioner Plummer: Is he still tied up? Mr. Manager, for the record, you have indicated that if Monday's... if Tuesday's meeting, March the 9`h is to be canceled that there is a potential of making, as we have done many times in the past, there are two meetings on the 23`d, one in the morning to handle the general items of the agenda, and one in the afternoon to handle zoning. And, you feel that the agenda will handle that for the 23`d? Mr. Donald H. Warshaw (City Manager): Yes, sir. It probably will go over by a few items, but it certainly is durable. Commissioner Plummer: Does he want to talk or not? Because if not, I am going to call a vote... . Commissioner Gort: [inaudible — off microphone] Commissioner Plummer: Sixty-three instead of sixty. Mr. Warshaw: And, that includes a considerable number.of board and committee appointments. Commissioner Plummer: That... Does he want to vote or does he want to talk? If not, we can have a motion and let's close it. Commissioner Gort: Move it. Commissioner Plummer: No, he can get an opportunity to speak if he wants. Commissioner Gort: I second the motion. Commissioner Plummer: Well, the Mayor indicated to me and 1 am sure he will be making the same comments on the record, is that fact that he has been called to a special meeting in Tallahassee on Tuesday and he feels that that is extremely -important and as such has asked that we defer that meeting. So a motion is in order... in order at this particular time by... Moved by Regalado, seconded by Gort that the March 9`h meeting be continued until the 23`d, making a combined meeting in compliance with the Charter. Is there...? Commissioner Regalado: And all the... I move that. All the Commission, or Commissioners' items will be there, Mr. Manager? 5 March 2, 1999 Mr. Warshaw: Yes, sir. Commissioner Regalado: We would be able to include new ones or you would rather...? Mr. Warshaw: Well, the answer is... the answer is yes, and what I would do is, if you would like, I will work with the Chairman in the event we needed to pull certain items to come closer to sixty, we would look towards the board and committee appointments to get the number down. Commissioner Plummer: Ours come first. Commissioner Regalado: But, you will, in case you need to pull something you will consult with the Commissioners? Mr. Warshaw: Absolutely. Commissioner Regalado: OK, I move that. Commissioner Plummer: Mr. Clerk, call the roll. The following motion was introduced by Commissioner Regalado, who moved.its adoption:. MOTION NO.99-165 A MOTION RESCHEDULING THE FIRST CITY COMMISSION MEETING IN MARCH (PREVIOUSLY SCHEDULED FOR MARCH 9, 1999) TO NOW TAKE PLACE ON MARCH 23, 1999 BEGINNING 10 A.M. Upon being seconded by Vice Chairman Gort, the motion .was passed and adopted b the following vote: - AYES: Commissioner Tomas Regalado Vice Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. 3. RECONFIRM CRA (COMMUNITY REDEVELOPMENT AGENCY) MEETING SCHEDULED FOR MARCH 8, 1999 AT 5:00 P.M. AT LE GRAND HOTEL. Commissioner Plummer: Is there any further matters to come before this Commission before I move for adjournment? This meeting is adjourned and we will reconvene, remembering that there is a CRA (Community Redevelopment Agency) meeting on March the 8d', at 5 o'clock, and the next City Commission meeting will be on March the 23`d... Why don't we start that meeting 6 March 2, 1999 i • with my colleagues Commission at 9 o'clock? You can't make it, -that's right. Still. it's. 10 o'clock: 9:30 ceremonial, 10 o'clock for a regular meeting. Thank you, and we are adjourned. THERE BEING NO FURTHER .BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 4:18 P.M. JOE CAROLLO MA YOR ATTEST: Walter J. Foeman CITY CLERK Maria J. Argudin ASSISTANT CITY CLERK (SEAL) 7 March 2, 1999