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HomeMy WebLinkAboutCC 1994-07-05 Minutesl � r ® Now .. _. ap OF MEETING HELD ON JULY 5, 1994 SPECIAL PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL MATTY HIRAI City Clerk INDEX MINUTES OF SPECIAL MEETING July 5, 1994 ITEM SUBJECT LEGISLATION PAGE NO. NO. 1. DISCUSSION CONCERNING APPEAL OF R 94-467 1-69 ZONING BOARD'S GRANTING OF 7/5/94 SPECIAL EXCEPTION TO PERMIT A ! TEMPORARY CARE FACILITY FOR THE HOMELESS (RESCUE MISSION) AT 1500 N. MIAMI AVENUE --- APPEAL DENIED, ZONING BOARD'S GRANTING OF SPECIAL EXCEPTION UPHELD, THEREBY PERMITTING ERECTION OF SAID TEMPORARY CARE FACILITY FOR THE HOMELESS. (Applicants: (a) Dade County School Board, and (b) Community Partnership for the Homeless, Inc. Appellants: Frank Martel, Hal Kluger, Richard Sprague, Leif Griffin, Dave Exter, Rick Shiffman, the Omni, Edgewater, Overtown, Wynwood Community Improvement Association, Inc.) 0 ►_1 MINUTES OF SPECIAL MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 5th day of July, 1994, the City Commission of Miami, Florida, met at the Knight Center, 400 Southeast 2nd Avenue Miami, Florida for continued discussion of item PZ-7 of the June 30, 1994 Commission Meeting, concerning appeal of the Zoning Board's decision granting a special exception to permit a temporary care facility for the homeless (rescue mission) for property at 1500 North Miami Avenue, Miami, Florida. The meeting was called to order at 6:00 p.m. by Mayor Stephen P. Clark with the following members of the Commission found to he present: Mayor Steplien P. Clark Vice Mayor Miller J. Dawkins Commissioner Victor De Yurre Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. ALSO PRESENT: Cesar Odio, City Manager A. Quinn Jones, III, City Attorney Walter J. Foeman, Assistant City Clerk An invocation was delivered by Mayor Clark who then led those present in a pledge of allegiance to the flag. ---------------------------------------------------------------------------------------------------------------- 1. DISCUSSION CONCERNING APPEAL OF "ZONING BOARD'S GRANTING OF SPECIAL EXCEPTION TO PERMIT A TEMPORARY CARE FACILITY FOR THE HOMELESS (RESCUE MISSION) AT 1500 N. MIAMI AVENUE -- APPEAL DENIED, ZONING BOARD'S GRANTING OF SPECIAL EXCEPTION UPHELD, THEREBY PERMITTING ERECTION OF SAID TEMPORARY CARE FACILITY FOR THE HOMELESS. (Applicants: (a) Dade County School Board, and (b) Community Partnership for the Homeless, Inc. Appellants: Frank Martel, Hal Kluger, Richard Sprague, Leif Griffin, Dave Exter, Rick Shiffman, the Omni, Edgewater, Overtown, Wynwood Community Improvement Association, Inc.) Mayor Clark: Now, before you sit down, just to make sure we get them all, Mr. Clerk, would you swear in the witnesses. Would you all raise your right hand, whether you're going to testify or not. It's not going to hurt you. Please raise your right hand. AT THIS POINT THE ASSISTANT CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. - 1 July..5, 1994 - Mayor Clark: Please be seated. Ladies and gentlemen, let's have as much quiet... I know it's a big room here, it's air conditioned. Nobody is going to he overheated, I know that. But I'm going to lay out the ground rules right now, so you will all understand exactly what's going to transpire here tonight. Each side, those against the homeless issue will he given one hour and thirty minutes. That means all the people to speak on that side, in an hour and thirty minutes, if you don't get them all up, I'm sorry. Ali hour and thirty minutes is plenty time to explain your position. The persons in favor of homeless will he given one hour and thirty minutes. The appellant goes first. Those are the persons who arc against the resolution tonight. Any other rules you have to note, Mr. Shuhin or Mr. Price? Well explained? Everyone understands. I've got the clock set right now. It's four minutes after six. Mr. Shubin, you have one hour and thirty minutes. Mr. Cesar Odio (City Manager): Mr. Mayor. Vice Mayor Dawkins: Mr. Mayor, the Manager is trying to say something to you. Mayor Clark: Yes, sir. Mr. Odio: Would you prefer that we take four minutes, maybe? Ms. Lourdes Slazyk: About five minutes Mayor Clark: I'm sorry, yeah. We're going to have a few minutes for the Department, Building and Zoning Department to explain this issue. Yes, ma'am, please. I'm sorry. Mr. Odio: OK. Ms. Slazyk: OK. Good evening. For the record, my name is Lourdes Slazyk, from the Planning, Building and Zoning Department. The case before you is an appeal of a special exception which was granted by the Zoning Board on May 16, 1994, by a vote of five to two, in order to permit a temporary care facility for the homeless or rescue mission, as defined in the ordinance, at 1500 North Miami Avenue. The facility for the homeless will he beneficial to the City of Miami as a whole by providing a much needed service in assisting the homeless. The facility does not represent an overbuilding of the subject property, and is providing sufficient parking and open space to meet the needs of its users. The facility's design does not require, nor are the applicants requesting any variances. The landscape plan proposed is well designed and adequate for the size and location of the facility. Based on preliminary staff comments, additional landscape was added to the outdoor play area for the children, and the proposed chain link fence was vinyl -coated to reduce the institutional look of the building. The only additional modification that needs to he made is at the corners of the project, where the landscaping is intruding into the required visibility triangles. Other factors, such as ingress, egress, lighting, off-street parking, and loading, and service, and refuse areas have all been adequately provided for and well integrated into the facility's design. The signage plan, however, has not been submitted, and will have to he provided as a condition prior to the issuance of building permits. In addition to the special exception, the facility will require a class two permit for locating the parking across the street. According to the ordinance, the special exception, because it is a higher -ranking permit, is sufficient. After considering all of the appropriate factors in Articles IV, XIII, XVI and XXV of the ordinance, the Planning, Building and Zoning Department finds that the proposed facility will provide a much needed service to file City of Miami, and that it is in the best interest of the health and welfare of the City as a whole, and in particular, to homeless individuals which will he served by the facility, that the Administration recommends approval. Concerns affecting the immediately surrounding area will he mitigated and/or eliminated with the following conditions, which have already been approved, as modified by the Zoning Board. 2 July 5, 19.94 3 There are thirteen conditions, which I'd like to read into the record. Number one, the facility will operate with a maximum of three hundred and fifty beds, upon its opening. A petition for additional heals must come hack to the Zoning Berard for approval and shall not he considered until at least twelve months after a certificate of occupancy has been obtained. At the. time the request comes hack to the Zoning Board, it must be accompanied by a report and recommendation from a neighborhood advisory committee. This committee is to he composed of Community Partnership Advisory members, plus representatives front the OEOW (Omni Edgewater Overtown Wynwood) Group, and Mr. Crespo of the Zoning Board has also volunteered to serve on the conullittee. Condition three: A curfew must be incorporated into the facility's rules. Condition number four is that twenty-four hour security must he provided, both inside and outside the facility. C:'ollditron 1111111her" five is that priority placement into the facility be given to homeless individuals within a otic point five mile radius of' the facility. This covers the Civic Center, up to 36th Street, and down to the Mianli River. On -site feeding shall be limited to the facility and prograin residents only. There shall he no general feedings or provision of meals to the public. Condition number seven: The facility must provide a van or tram service for referrals and appointments of the facility residents or walk-ins. Condition number eight: The facility must provide postings of "no loitering" signs, and an enforcement policy or plan to accompany that. Condition number dine: Tilc facility's operational rules, as amended from time to time by the Community Partnership, must be available for review by the general public at any given time, upon request, and it must have an enforcerent policy. Condition number ten: The stay at the facility is meant to be temporary, and we are saying it must be. Stay is limited to thirty to sixty days. Condition eleven: A complete signage plan that I mentioned earlier must he submitted for review and approval by the Department prior to issuance of building permits. Condition twelve: Tile landscape plan must be amended so that the required visibility triangles are maintained. And condition number thirteen is that the facility shall provide a sufficient number of trash containers to ensure maintenance of the facility in the area. Thank you. Mayor Clark: Thank you very much. Mr. Shubin, it is now nine minutes after the hour of six. Proceed. Your name and address, for the record, please. Mr. John Shubin: Members of the Commission, my name is John Shubin, and I'm an attorney with offices at 46 Southwest 1st Street, in the City of Miami. I'm here today representing the interest of the appellants in this proceeding, Frank Martel, Hal Kruger, Richard Sprague, Leif Griffin, Dave Exter, Rick Shiff man , and the Omni/Edgewater/Overtown/Wynwood Community Improvement Association. The appellants have taken an appeal of the Zoning Board's decision to grant a special exception to the Community Partnership for Homeless Inc., for the purpose of constructing a... and operating a homeless assistance center at 1500 North Miami Avenue. I don't really think that you need to hear at great length today from the lawyers today, or either, for that matter, from the numerous civic leaders who are in attendance, so I'm going to keep my comments brief so that you can hear from the people that live in the affected area, those people that have a direct stake in its future. Nevertheless, I do need to provide you with some brief background on this matter, which should he helpful in you all making your decision today. First of all, I need to provide you with a very brief summary of how this plan was conceived by the Community Partnership. From the very beginning, the Community Partnership site selection process has been conducted entirely in secret. By their own admission in open court, their ability to function in this community with taxpayers' dollars was deemed to he incompatible with the State's Sunshine Law. You've probably read that a group of individuals brought lawsuits seeking to set aside the site selection process on the grounds that it violated the Sunshine Law. And you've probably also read that a Circuit Court Judge held on a very narrow legal point that the partnership was not a governmental agency, and was, therefore, not subject to the Sunshine Law. However, nowhere did this Court, Judge Kahn, speak to the issue of whether or not this was the proper way to select a site for a homeless assistance center. The Court only found that the Community Partnership was not subject to the Sunshine Law; no more, no less. The case is 3 July 5, 19.94 presently on appeal, and the plaintiffs in the case are confident that the trial court's decision will be reversed. Why is this important? It's important because from the very beginning, the Community Partnership site selection process, the. fruits Of which are going to be before you today, did not involve the active participation of those that live in the affected neighborhood, particularly those in the City of Mianli, its northeast section. In fact, it was extremely important to Mr. Chapman and the. Community Partnership that the partnership site selection process he conducted in secret, beC71ll5e he was specifically concerned that any public deliberations might alert neighbors to the prospect that a homeless assistance center would be placed in their neighborhood. But let's forget about Illy words, and very briefly, let me direct you to Mr. Chapman's own words, which are hest contained in a tactical action plan that he distributed to other members of the Community Partnership. ']'his is particularly helpful to you today, because you're going to hear front a lot of community leaders who will claim to support this center. You need to know the choreography that went into this event. Let rile read to you briefly from the memorandum. Once again, this is a Inc►noralld►1111 dated January 17, 1994, front Alvah Chapman to Lee Hanna. And I note on Page 1, a copy of this has been presented to you by the Clerk. "Within two to three weeks, the site selection committee will be making its recommendations for the site of HAC-I. Shortly after this recommendation to the CPHI (Co111munity Partnership for Homeless, Inc.) Board and Trust, this becomes a public matter." The memo goes on and notes: "No one has attempted to organize community support in this way, and the attempted Carnilus House move Of 1991/92 was without any conlnlunity support planning and action, and failed miserably." The memo goes on to note, "Identify key neighborhood leaders," in the, quote, "target neighborhood, and identify them as potentially pro or con." The memo also sets forth a media plan for contacting Commissioners, and also for contacting members of the City of Miami Zoning Board. This is on Page 2. The plan, of course - and you can see the fruits of it today - notes, "Let's obtain statements from community leaders to use as needed in the campaign." But this is what's most important, the summary: "I hope that we have the hest conceived and organized tactical plan, and we, never have to use it. We win biggest if we achieve our goal quietly with the knowledge and confidence that we were prepared for opposition that never developed." Mr. Chapman has made reference, I think, in the press, that this is the Community Partnership's "D-Day." I think when you read the memo, it seems a little more appropriate to call this process a "Pearl Harbor." But there's a lot more than a motion that should require you to affirm the appeal and deny the application. Tile most important reason is that this center will drive a stake through the economic development of the Omni area. With a property tax base that has been in market decline for the last couple of years, it simply not in the hest interest of the City of Miami to approve a project in the Omni area where there is an economic renaissance that is about to occur. Not only has the Peoplemover extension just become operational, but the Performing Arts Center can possibly bring with it an increase, a tremendous increase in economic development that will have the ability to create jobs and economic opportunity in an area where it's sorely needed. I'm going to introduce to you shortly Mr. Bulant Kasterlak, who is one of the architects of the Omni redevelopment plan, but let me just remind you of the objectives that are set forth in the plan. I'm reading you the executive summary from the Omni redevelopment plan. And it notes: "The group of investment projects selected to spearhead the development and growth of the Omni area have the following objectives: To improve access, environment security, and attractiveness of the Omni area, to draw more shoppers, visitors, residents, and workers; to create new business opportunities which will support and complement existing economic activities in the Omni area and downtown Miami; establish the physical infrastructure necessary to initiate incubator businesses which will grow into major industrial and commercial complexes, particularly in manufacturing, movie, TV, video and tourism industries, with high added value potentials; four, create facilities to initiate skill improvement and training programs for the disadvantaged, and prepare them for new job opportunities in the Ornni area and elsewhere." 4 July, 5, 1994 And that is from the Omni redevelopment plan that was commissioned and approved by this City. Leadership, as you all know, requires courage, and this Commission needs the courage to stand up to the media, and to stand up to the civic elites, who, although they are extremely well- intentioned, are looking for a short -team solution to what is, in essence, a long-term problem. There can he no dispute that this problem needs to he addressed on a relatively immediate basis, but there can also be no dispute that this Commission would he making a grave mistake if it were to approve the project at its present location. The City of Miami, particularly its northeast section, cannot continue to serve as the dumping ground for every institutional facility that is designed to benefit the community and the other municipalities in the. County. (APPLAUSE) Mr. Shubin: Finally, let me read into the record something that I have also submitted to you, and that is correspondence dated June 30, 1994, to the Honorable Mayor Clark from Arthur Teele, Jr., the Commissioner from District 3. Let me publish this for... Mayor Clark: We have a copy of that letter in front of us. Mr. Shubin: OK. Mayor Clark: But you can read it if you'd like to. Mr. Shubin: I will read it briefly: "Dear Mayor Clark: Six months ago, when the Community Partnership for Homeless announced the proposed site of the Homeless Assistance Center at 1550 North Miami Avenue, I personally supported the concept and location of this facility. At that time, I believed that after careful consideration of the magnitude of the homeless issue, the community residents would look beyond the parochial stance of 'not in my neighborhood.' As the County Commissioner for District 3, I have been barraged with telephone calls, petitions and letters of opposition to any action by the City Commission today that precludes additional public discourse on the proposed site of the Homeless Assistance Center. The concerns raised by many residents of District 3 include the following: The disproportionate number of homeless facilities located in Northeast Miami - sixteen other facilities are currently located in the area; the national trend to abandon the construction of large shelters, and to match the scale of the homeless community to the surrounding neighborhood; and the need for more public discourse on this issue. I strongly urge the City Commission to defer without prejudice a final decision until additional analysis is completed to determine whether this is the appropriate structure, site, and proper timing for such a project. Warmest personal regards, Arthur E. Teele, Jr." Mayor Clark: Mr. Shubin, Mr. Teele did not sign that letter. Mr. Shubin: Yes, I will read that into the record. It was signed by one of his assistants, for Commissioner Teele. Mayor Clark: OK, for the record. Mr. Shubin: Yes, for the record. There has been talk the last few weeks of a compromise, and this compromise plan would limit the size of proposed residences for the homeless to thirty-five homeless individuals per residence, with each neighborhood in each municipality contributing to this effort throughout Dade County. The appellants have no objection to welcoming the first home in their neighborhood, and they would invite such lu ninaries as are here today - for 5 July 5, 1994 example, Commissioner Penelas - to accept a similar home in the Hialeah area. We would invite... (APPLAUSE) Mr. Shubin: We would in... Mayor Clark: The applause is great, folks. It's just taking; time from that side, so realize that. Go ahead. Mr. Shubin: We would invite Commissioner Perlson (sic) from Miami Beach to also accept a home, like the neighbors in this neighborhood are gladly going; to do. However, the idea is to put the "community" back into the Community Partnership, and that's something that needs to be explored. And I would suggest to this Commission, before they make a decision, unless they're absolutely convinced that this is the best site, that this is the best plan, not only for the City, but also for the. homeless residents of all of Dade County, they should take a deep pause, and if they do not feel comfortable, they should reject the application without prejudice, as it is before you today. I will now introduce Mr. Bulant Kasterlak, who is the author of the. Omni redevelopment plan. Mr. Bulant Kasterlak: Mr. Mayor, members of the Council, my name is Bulant Kasterlak. I live at 11 Villa Aurelia, Palm Beach Gardens, Florida. I am an Independent urban planning and economic development consultant since 1978. What brought me to Florida professionally was an invitation from the representatives of your Government in 1988 to seek a solution which was long festering in the Omni area of your beautiful City. And I was shown some of the previous work which was completed up to that time, was asked would my team, and also with the assistance of the various City departments, which I, again, take this opportunity to thank them for their cooperation and support. We prepared... We were to prepare a feasibility study demonstrating the feasibility of very important investment and development projects in this area as spearheads for the overall resurrection of this area and its inclusion into the community at large. First, we studied the Omni area development plan. In 1986, it was professionally prepared, and well received, and acted upon. This was our foundation. I would like to point out the fact that as an individual, I have witnessed, step-by-step, as I walk through the neighborhood, some of the dehumanizing aspects of the community, due to no fault of any particular person, but over the decade, obviously a cumulative effect of neglect has caused a decay, which needed action. And I've seen enough of that type of dehumanizing conditions elsewhere, from Boston, to Los Angeles, even in Washington, D.C., not to mention places like New Delhi, India. The homeless is an issue which transcends one particular group. It's an issue which has come to light under many forms and shapes in the past. Certainly, when we were given the assignment to prepare an economic feasibility study and an action plan on the redevelopment area, we were told about the conditions of the homeless, in one form or another. We realized that, that we had to do something to make that problem at least begin to disappear. And one way to do that was to consider what this community can offer, in order to pull itself' by its bootstraps and back into the economic mainstream of the County and Florida. So with the help of organizations which are well known to you, I'm sure, in the Miami area, such as Beacon Council, we have collected all the economic data from various sources and analyzed them very carefully, and we have identified the type of economic activities which will break the cycle of urban decay, poverty, dehumanizing homeless, and on, and on. We had to break the cycle. How to do this? Well, the simple way to describe it is simply to reverse the process. If the decay has started by first people leaving the area, then the capital, the investment escaping from the area, we have to bring those back first. In order to bring them back, the urban decay that is the third aspect of the physical decay became the tertiary or third in importance to us. So for that reason, in order to attract back the capital which will create the businesses, the environment for investment, that, in turn, will create the job opportunities and business opportunities, we had to come up with businesses 6 July 5, 19.94 - El which showed the best and most premising future for this area, and we have identified several. One was mentioned already, the movie, video and TV industry. As you know, I don't have to get into the history of it, but certainly, Florida is now catching on very closely to California and New York as the third movie, TV and video center of this country, if not the world. And secondly, we have also looked into what we called high value added industries. Now, these are the type of industries which collect the raw material from outside, bring it into one place, then add value to it, to the point where the difference between what is imported and what is exported from this area has the largest margin for reinvestment, for job opportunities, for taxes, and the like. So in ether words, this area was not going to be developed by building more, and more, and more restaurants, although they play a role. I don't want to he misunderstood. So we selected certain high tech industries, the movie industry and the tol.lrisrll industry as most relevant to this area. 'Then front these sectorial analyses, it' you will, we have identified the so- called incubator businesses, which will point at the direction this area should grow. And we have, again, identified certain standard industrial classification businesses, and then we went on to say, all right, now that we have these industries identified, where do we put them? What will be the most compatible use of the land, in terms of maximizing the community impact, community input, and also giving the nlaxinlunl opportunities for business growth, as well as job creation opportunities for this area. 1 a111 including in this job creation thee issues which pertain us today. That is, the homeless issue, the people who need training, skills to get into the job market. All the associated actions taken in this connection was implicit in our considerations. We did not single them out, like a holneIesS issue, which is in front of us today. They are very implicit in our considerations, in terms of econonic development feasibility study. Now, in terms of location, I would like to point out, sir, that we mentioned urhan decay. What causes it? Well, one of the foremost causes is incompatible uses. Incompatible uses come to an area because of the importance of that one particular use for that one particular place, in disregard of what it might do to the rest of the area. But you multiply this once, twice, ten, a hundred times, you have a hundred individuals, it' you like, or businesses acting on their own. And can you imagine if an Orchestra is playing that way, they will he hooting everybody out of the hallway. It means that we have to find compatible uses which will work together in unison to form a harmonious whole, like an orchestra. And for this, we have many references. I am a professional planner by training. i am also a practicing architect, among other things, in the State of Florida. So the location criteria for our activities took into consideration the compatibility of land uses. And finally, we selected about seven projects, and we presented these seven projects to the community, and with the participation of the relevant departments of the City Government, they were reduced to four, and those four were selected as the recommended projects for implementation as the first round of activities. Because once they're on their way, they will have multiplied effect. They will have a rippling effect, if you will, creating other economic opportunities in this area. And for your attention, sir, if I may point out in the diagram in front of you, where is these activities have gone. Among the seven projects, you have numbers which are random here, because only selected four; number one, number two, we skipped number three, five, and six, and we have number seven. Of first priority, of first priority was the biggest economic generator for this area. What would that be? Which we delineated an area which was inclusive of the project, incidentally, about twenty-one acres, to house the video home, movie, motion pictures, video and TV industry. This is going to be a business park which will start the process. But since at that time, this particular building was occupied by the City Government, at that time, we left it outside the scope of the area, but in the future, when this particular building became available, it was to he included into the overall business park. So that was the first project. And this project was, in terms of the various investment opportunities, created in the vicinity of twenty, twenty-five million dollars worth of investment alone. Then this project. This is the retail, residential, and the commercial complex. We have a facility which we will bring not only the businesses, but also the ancillary services which will serve these businesses. You have to have a place to go to. Office complex with a nine hundred parking space garage underneath, a commercial facility for general shopping purposes, and then on the top, for those who are going to be attracted to this area, an option, 7 . July 5, 1.9.94 residential option, a four hundred unit affordable housing in two blocks to be superimposed on this building. This represents an eighty-five million dollar investment. That was 1988 dollars I am talking about. Then we have also proposed a trademark, a showroom, because some of the implications, if not the most important, is exporting the goods and services out of this area. So you have to show your warts. Where.? We propose building a complex. At that time, Jefferson Building, Jefferson Department Store was available, and we designs+ted this as the showroom, as well as trademark, trade exhibit center for that purpose. Since then, Jefferson, that particular function has been switched over to Ormii area, beCauSe it was more central, and other reasons that I cannot enter at this point. 'Then finally, the last one is the training center. This training center is for the training of the individual, hoth in this area, but also all the industries, production companies coming from Hollywood and elsewhere, instead of bringing their own technicians, they should he able to use the local talent, the local technicians. Now, ail this, as you can see, is now beginning to show this mosaic of activities. i cannot speak for the other activities which are proposed after we've completed the study in 1988, but I can say that with the office, residential and retail complex, going ahead with the movie video park in this area, and plus the training facility right to the south of it, I think these are the beginning of the turning around process for i the local economy, if not for the. Miami economy. This is what we propose. i would like to conclude my statement by simply saying that I don't believe anyone in this room, including i myself, is lacking compassion, understanding, and a need to do something for the homeless. I don't think anyone should doubt that But the way to do it, this is where we have a difference. And if you gentlemen can resolve this, I, as a person who has helped this process, would be more than happy to contribute my talents into your process as well. Thank you very much. (APPLAUSE) Mayor Clark: Just a moment, sir. Wait just a moment. Mr. Stanley Price: If I may, Mr. Mayor. Mayor Clark: Yes, sir. Mr. Price: For the record, my name is Stanley Price. I have a few questions for you, sir. Mayor Clark: He's allowed cross-examination. The attorney said that. Mr. Price: Sir... Vice Mayor Dawkins: But that was not the rule when we started out, Mr. Mayor, you said each side would have an hour and a half. Mayor Clark: I'm taking the time off right now. Please, now. Vice Mayor Dawkins: No, no, no, that's not fair. That's unfair, Mr. Mayor. (APPLAUSE) Mayor Clark: Listen. Sir, this time is not being deducted from them, but the attorney advised me they're entitled to cross-examination. Is that correct now? Vice Mayor Dawkins: The attorney should hold his questions until this gentleman finishes with his presentation, and then go into them. That's my opinion. Mayor Clark: He's finished with his presentation. Proceed. 8 July 5, 1994 Mr. Price: Thank you, sir. Commissioner Plummer: May I ask a question? Because I'll tell you where I'm concerned. This gentleman made a very nice presentation, and I figure he spoke about thirty minutes. Am I correct? Mayor Clark: I've got the time. I'm keeping the time. Commissioner Plummer: All right. Mr. Mayor, what happens for many people who are not a part of Mr. Shubin's group or are not a part of Mr. Price's group who are only going to speak as members of the public, if people are taking a half an hour eaclz time a speaker comes up? Mayor Clark: Mr. Shubin is a very direct attorney. He knows that. 'That's a chance he takes. Commissioner Plummer: That's not my problem, Mr. Mayor. If he brings up two more speakers, then there is nothing for the public to have to speak on this side, or on this side. (APPLAUSE) Commissioner Plummer: I think Mr. Shubin should he given "X" number of minutes for his presentation. Then, we should hear from the general public, who want to speak on the same issue. The way we're going, Mr. Shubin is going to have the whole show, and those other people that want to speak, we're going to cut them off at an hour and a half. I think something has got to be said now, so we have an understanding from both sides. Mayor Clark: Mr. Shubin, you've used... (APPLAUSE) Mayor Clark: Please. Now, wait a minute. Wait a minute. You want to cancel this meeting, too? Just pay attention. You've taken about... Mr. Shubin: Let me address this. I have advised all... Mayor Clark: Sir, just a moment. You've taken... I think if you do away with the cross- examination, you won't have any problem, Stan. Mr. Shubin: I've advised everyone to keep their comments to under two minutes. Mayor Clark: Well, this man went for about twenty minutes, twenty-five minutes. All right. Answer the question. I'm keeping the time off. Vice Mayor Dawkins: One more question, Mr. Mayor, please, sir. Mayor Clark: Yes. Vice Mayor Dawkins: The time that this side uses to question him, will it come off their hour and a half? Mayor Clark: No, sir. It will not. Vice Mayor Dawkins: OK. I just needed to know. I just needed to know. Mayor Clark: It will not. I stated that earlier. Yes, sir. Go ahead, ask your questions. 9 July 5, 1994 Mr. Price: Just a few questions, sir. Sir, who commissioned you to do the feasibility study? Mr. Kasterlak: Department of Economic Development, Mr. Schwartz' office at that time. Mr. Matthew Schwartz department at that tune. Mr. Price: All right. During your deliberations, sir, did you have an opportunity to consult with the Planning Department of the City of Miami? Mr. Kasterlak: Yes, sir, we did. Mr. Price: Who is the Planning Director of the City of Miami? Mr. Kasterlak: I cannot remember at that time. Mr. Price: Do you remember ever meeting with the Planning Director of the City? Mr. Kasterlak: Yes. They participated in our meetings up in the department. Mr. Price: With the Planning Director, sir? Mr. Kasterlak: Yes. I'll he happy to show you the business cards that I have. Mr. Price: Sir, as part of your presentation, have you visited any similar homeless facilities than that which is proposed here this evening? Mr. Kasterlak: Homeless facilities wasn't our subject. Mr. Price: Thank you. 1 move to strike his testimony as not being germane to this hearing. Mayor Clark: All right. Go ahead. (APPLAUSE) Mayor Clark: Please. Please, folks. Mr. Shubin, Mr. Shubin, he took up about for minutes that's added to your time. Where are you, Mr. Shubin? Come up forward, now. Unidentified Speaker: This is not court. Mayor Clark: You'll find out if it's a court when we get finished. Please. If you'd like to be removed, we can remove you, also. You know that. (APPLAUSE) Mayor Clark: Sir, give us your name. Mr. Wayne Cochran: My name is Wayne Cochran. Mayor Clark: Yes, sir. Mr. Cochran: I'm a housing analyst for Policy Research Associates, which operates the National Resource Center on Homelessness and Mental Illness under a contract with the Federal Center for Mental Health Services. Although I am an employee of the National Resource Center, my views are my own, and are not a statement by my employer or the Federal Government. I 10 July S, 1994 believe a community has the responsibility to shelter and to house homeless people, all of whom have economic problems of long or of short-term duration; many of whom have substance abuse or mental health problems that have. placed their lives on a downward spiral. The fact that Dade County has created a lomeless trust fund shows the commitment of the citizens here to start resolving the problems of homeless people. IZcsolvirng the problems of homeless people is different from crinninahzing homelessness and clearing homeless people from the streets by building a walled structure to hide them behind. A shelter for three hundred and fifty to five hundred people is oversize(] and unn,;, geahle. "Phis is warehousing people. I1 is the creation of a refugee camp within walls. in New York City, arnnories have been converted into huge shelters. A small criminal element preys on the more vulrnerable. Drug and alcohol use is not well controlled. The most important figures in these shelters are guards, not social workers. As a result, many people choose to he homeless or wait to get into small church -sponsored shelters. There are alternatives. I cannot nanne an ideal shelter size, but 1 suggest less than fifty. The one I work part-time in is a twcnty-one-bed shelter ire ;r brownstone building identical to the other buildings on the street. There irc three lounges with television sets, people eat at two tables in a kitchen, they often make breakfast for each other, hods and not cots line the walls of five bedrooms. This snnall shelter is looked on as a conum►nity asset. People take pride in the shelter, march in fund-raising parades, bring food and Christmas presents. There ,ire no needs for guards. Hospitality workers, can (observe nnost of what happens. and take charge as needed. Each guest is assigned a personal advocate, who evaluates and helps take care of guests problems, whether it is a need for psychiatric treatment or for completing an educational program. The community is happy. The gcrests get the help they need. As the elected Commissioners of, the City of Miami, you leave a choice. You can accept a three hundred and fifty to five, hundred -bed shelter, which i think would be unwise, and would he a monument you would have to live: with far into tine future, or you can insist on a better plan, which would he a series of small scale shelters with case management, leading to appropriate permanent housing. Much of it would have to he created to free up the log jam in the existing shelter system. You will need many more single -room occupancy units in the City, and will have to devote more resources to rehabilitating the segment of the homeless population with substance abuse and mental health problems. You will even need specialized teams of patient outreach workers to convince gravely ill people that life has more to offer therm than a park hench. The needs of the forty percent of homeless people who are families with children also cannot be overlooked. If any of the Commissioners present have thoughts they would like to discuss with me, I try to be an objective observer. Let me give you my 800 number. That number is 800-444-7415. While there is no one solution, there are many strategies that are effective and that are based on valuing the homeless person. Thank you. Mayor Clark: Thank you, sir. All right. (APPLAUSE) Commissioner Plummer: Mr. Mayor, could I ask our normal procedure he followed? When a person identifies himself, for the record, also, I'd like to know their mailing or home address, really. I'd like to know where they're... Are they City residents? Are they residents of this particular area? I think that's very, very important. Mayor Clark: I asked that to start with. (APPLAUSE) Mayor Clark: Yes. Coo right ahead. Name and address, Mr. Yaffa. Mr. Phillip Yaffa: Thank you. Phillip Yaffa, 1717 North Bayshore Drive, Miami. The last five months of my life have probably been the most emotional wreck that I've ever had in my life. 11 July 5, 1994 I've thought about why this issue has been ripping me apart so much, and I've come up with two reasons. One, myself and a lot of other people have spent the last ten years of their life working so hard and so long to better our City and improve the Omni area, and we thought we had arrived. We had the tax increment district, the Peoplemover, the Performing Arts Center, the International Trade Mart. We thought ous- jol) watt just about done, and Omni was about to grow up into the bridesmaid, instead of being tilt. stepchild of downtown. And in one fell swoop, all that work we see being dismissed. i want you to know from the, bottom of my heart that i feel like the Omni area is my daughter, and her life is in jeopardy. And the decision you make today will be whether she grows up into that beautiful w0man that I envision for the area. The other reason I've, been so torn apart is I find myself on the other side Of an issue of so many people that I respect and admire. i am clearly awed by Alvah Chapman. Ile's so bright, and he has given this community so much. He has been my model on how i can five hack to the community that's liven me so much opporhmity, joy and satisfaction. And I want you to know that in my heart, I know that Mr. Chapman and the Site Selection Committee, had they considered the downtown master plan, had they considered the Omni area redevelopment plan, had they considered the economic feasibility study, had they considered the eight hundred million dollars worth of public funds that are currently being expended in the Omni area, we would not be in this battle today. (APPLAUSE) Mr. Yaffa: But because their strategy was to work in secret, they lost the benefit of public input, discussion and education. We thought we were involved in a community problem to solve - a community discussion to solve a community problem. But we found that our community has been left out of that discussion. They made their secret decision, and, by golly, they were going to see it through to the end, to this, tonight, this destructive and decisive battle that benefits no one, and puts you gentlemen in such a difficult political position. Well, my purpose here tonight is to help you make that decision, hecauSe if you want to make a right decision, you need to know the true facts. For months, we have been hearing about how wonderful Orlando is, over, and over, and over again. We have heard that crime in the vicinity of the Orlando shelter is down forty-one percent. I have passed out some documents, and if you look at the first one labelled number one, it's an early fact sheet produced by the partnership entitled "Advantages of Homeless Assistance Centers." I direct your attention to point numher fifteen, and I quote: "A homeless center brings increased police presence, and in case of Orlando, a forty-one percent reduction in neighborhood crime incidences." Number two is entitled "Questions and Answers." It was mailed by the partnership in a partnership envelope with fifty-two cents postage to every one of the eight hundred and ten units of condominiums at the Grand. And I direct your attention to point number four: "Question: What about an increase in crime? Answer: The experience of the Orlando Homeless Assistance Center reflects that there was a forty-one percent drop in reported crime in the immediate vicinity of the facility." I direct your attention to page number three, which is an excerpt from the transcript of the Zoning Board. Ms. Pat Pepper, the ninety -thousand -dollar -a -year paid executive director of the facility is speaking, and I quote from their transcript: "Ladies and gentlemen, they had a forty percent reduction in crime in Orlando, which the Mayor, Glenda Hood, will tell you they attribute directly to the Homeless Assistance Center." Forty-one percent reduction in crime, that's a pretty significant statistic, except it's just not true. The next item you have in your package... (APPLAUSE) Mr. Yaffa: The next item you have in your package is a statement prepared by the Orlando Police Department. It took all the reported incidences of crime for the twelve months prior to the 12 July 5, 1994 facility open, and compared it to the twelve months after the facility opened. And as you will see, crime didn't go down forty-one percent. Crime didn't go down four percent. In fact, crime did not go down at all. There were one thousand, eight hundred and fifty cases of crime in the vicinity of the shelter the year before it opened, and there was one thousand, five hundred and fifty-eight cases of crime the year after it opened. But if you look at not the overall crimes, but if you look at what went up and what went down, the amazing thing is what went up were the most violent crimes against people. Child molestation, up; robbery, up; assault, up; narcotic and drug offenses, up; sex offenses, up; prostitution, up. Well, then what went down forty-one. percent? Well, if you look at the - at the document entitled mrrllber five, it is a copy of an editorial from the Orlando Sentinel. And I cluotc: "Police have reported a forty-one percent decrease in calls for service involving the homeless in downtown Orlando." Forty-one percent decrease in people calling and saying, Someone's urinating in my back ,yard, or bothering the. patrons in my shop." That's not crime. And I'm off -ended that they might, either negligently, or intentionally mislead this community of the facts, because those are the facts. (APPLAUSE) Mr. Yaffa: Now, these statistics end one year after the facility was open, which is about eighteen months ago. So I called the Orlando Police Department, and I said, "Tell me, what happened in year two after the facility was opened?" Remember, the Orlando Police Department really geared up and did a tremendous job, and coincidentally, crime went down forty-one percent. But you know what that department told nne? They said, "I'm sorry, we don't have any statistics after 1992." So I said to there, "Well, listen, how many officers do you have assigned to the district in the grid with the homeless shelters available?" They said, "Sir, we're not allowed to speak to you, because a representative of the Orlando Police Department will be in Miami and he'll tell you all the facts," and they stonewalled me. What is the Orlando Police Department stonewalling the citizens of the City of Miami for? (APPLAUSE) Mr. Yaffa: If they massage this fact, and giving them all of their due, if they distorted, negligently or intelligently this fact, what else are they going to tell you today that might have been negligently distorted or wrong? They went around to individual groups, one-sided, with no benefit of deviate, to get endorsements. I'd like to know if the School Board, had they known, would have donated this parcel of property, within close proximity to two elementary schools, and one religious school, would they have been so ready to donate this property, had they known that in Orlando, on an annualized basis, a child is molested around the facility every other month of the year? Would the Performing Arts trust have been so ready to say, We will not oppose this site," if they knew that in Orlando, assaults are up sixty-five percent, two hundred and eighty-four cases, almost six assaults every single week of the year? And all that... You're going to hear a long list of wonderful community leaders today. And Commissioner Plummer, I commend you for saying, "Let's give our home addresses, not our office addresses when we speak, because I would like you to ask in the hack of your mind, when you listen to every one of those speakers, "Would my good friend, Armando Codina, he here today to tell you he supports this plan, if the site was near Deering Bay? Would Alex Penelas he such a ferocious supporter of this plan if this site was on the County -owned PGA golf course, or maybe on Alex Penelas Drive? (APPLAUSE) Mr. Yaffa: We are going to hear in the second half of this presentation from the Community Partnership a long and compassionate speech for the homeless. I just want you to ask yourselves 13 July 5, 1994 this question: Where was this august body of community leaders one year ago when we wanted to build a small, one hundred -bed assistance center, residential center, for families only, at the Naval Reserve site. in Coconut Grove? Where were these people who could have put a hundred people off the street a year alto? Why weren't they out here then saying, "No, we need this small one hundred -bed facility in the Grave"? The response was the residents of Coconut Grove filed a lawsuit to prevent it. To pour salt in our already opened wounds, the City of Miami joined in that litigation! Now, what do you think that says to the people from the northeast who are sitting here, or from Overtown that are sitting lierc? Do you have to nsk us why we feel like our Government is ignoring us a11(1 treating us like inli'astructure? Let tile show you this next map, and you'll find that item number six. that's item rlunlhCr six in your package, it's a reduced copy of this map, and this leap should outrage you, because this map, the green borders... It's a map of Dade County, and thee green herder is the City of' Miami boundaries. The red dots are the homeless facilities with beds, overnight homeless facilities located within the. City's boundaries. The blue dots, if you can find them, are the facilities with beds located outside of the City of Miami. I've given you a list of names and addresses of each one of those red dots. There are thirty-three residential homeless facilities in the City of Miami, and the overwhelming... them are located in Overtown and the northeast sector of this City. (APPLAUSE) Mr. Yaffa: How many more? How many more red dots do we have to suffer? How many more, how much more blood do we have to donate? 'These are the statistics. There are six thousand homeless in Dade County. There are eighteen hundred homeless in the City of Miami. There are only four hundred homeless in downtown Miami. And of the four hundred homeless in downtown Miami, eighty percent have been identified as having severe substance abuse problems, or severe mental illness. Those four hundred people that are located in downtown Miami don't need shelter. They deed treatment. (APPLAUSE) Mr. Yaffa: Once again, once again, once again, just like the. Dade County Jail that deposits the criminals from the County into downtown Miami, if you site this facility here, we're going to take the County's homeless and deposit them in downtown Miami. Do you know, they'll tell you that no one is sleeping in the streets in Orlando tonight. And I'll tell you this: No one would be sleeping in the streets here, either, but those streets will he in Coral Gables, and Miami Beach, and in Hialeah, and not in downtown Miami. (APPLAUSE) Mr. Yaffa: So what do we do? We, as a community, got a problem. So what do we do? I, in addition to the suggestion of Mr. Shubin, I would humbly put forth this alternative for your consideration. Number one, site this first facility in South Dade. There are fifteen hundred homeless people in the Homestead area. By siting this in South Dade, you will clearly address the need for the homeless. It's a homeless population almost as large as the City of Miami's. So we immediately address the homeless, and it gives us Miamians a chance to watch this experiment in operation. Point number two, since October of 1993, the Dade County Trust on Homelessness has been collecting six hundred thousand dollars a month in food and tax revenue, food and 'beverage tax revenues. Let that trust immediately disburse some of those millions to our existing treatment facilities that we already have here in downtown Miami and the northeast. And let's take our four hundred homeless and give them treatment, not give thetas shelter. (APPLAUSE) Mr. Yaffa: Finally, if a facility ultimately is determined to have to be built in Miami, tell the Community Partnership for the Homeless that in this community, we operate in the sunshine. 14 July 5, 1994 We don't want any secret -behind -the -stores site selections. We want to have an open public hearing on the site, and let's select the site that the City will share with the input from the citizens of this City. Miami has done enough. Overtown and the northeast area of this City has done more than enough; much, much more than our fair share. If this facility is so wonderful, then let's let another community be its beneficiary. (APPLAUSE) Mr. Yaffa: It's time for others to do their part to support those in need. We want to help, but we don't want to destroy ourselves in the process. Don't let them destroy our City, and don't let them take away my daughter. (APPLAUSE) Mayor Clark: Yes, ma'am. Give us your name and address for the record. Ms. Monna Lighte: Mr. Mayor and Commissioners, my name is Monna Lighte. I live at 801 North Venetian Drive, Apartment 906, a neighborhood I have lived in for over thirty years. Many people do not know that the first two islands on the Venetian Causeway are part of the City of Miami. I speak today from my heart. I love my City. I am appearing before you as the vice president of the condominium in which I live, which houses eighty families. And we commend Mr. Plummer, because my first question was, how many people who are going to speak live within the City of Miami? We would like... Mayor Clark: I stated that to start the meeting, give your name and address before you speak. Ms. Lighte: Thank you. Mayor Clark: Thank you. Thank you, J.L. Ms. Lighte: We would like to know if they are aware of the other facilities of the homeless within the City of Miami. We would like to know what precise tax burden this will place on us, what it will cost to maintain this facility, which cannot, under any circumstances, police these people so that they do not continue to wander around about the town. After all, the City has never even had a police presence at any time around the entrance or exit of 395, no matter how often we have written to the Chief of Police or to our elected Commissioners. We wonder about the muggings, the window -washing, the window -smashing at that particular spot. Our safety is at stake. And now we hear in the presentations tonight that there is going to to be a police presence for this particular facility. We also wonder whether people will come downtown to the Performing Arts Center. It's hard enough to get them down to Gusman. We who are actively involved in this City, and have been for so many years, we pay the highest taxes and we most happily to return you to office year after year, begging you to vote against this. Thank you. (APPLAUSE) Mayor Clark: Thank you. Mr. Joe Wilkins: Good evening. Hello. My name is Joe Wilkins. I live at 228 Southwest 23rd Road in the City of Miami since 1950. First off, I would like to thank you, Mayor Clark, for moving this meeting. I was at the door the other day at City Hall, and I was firsthand witness to the unfairness that occurred there. I'm here today as chairperson of the Crime Prevention Council of the City of Miami. As most of you know, our council is composed of neighborhood level activists from throughout the City of Miami. We discussed this issue extensively at our May meeting, and again at our June meeting. At our June meeting, the chairpersons from the 15 July 5, 1994 following sub -councils, Oakland Grove - I'm going roughly north to south here - Oakland Grove, Model City, Little Haiti, Wynwood, Northeast, Overtown, Edgewater, Coral Way and Coconut Grave - voted unanimously that this project is not fair to our City. And the issue was unanimously fairness. It is simply not flair to ask any resident in the City of Miami, anywhere in the City, to accept any more social services until the rest of our County begins, just begins to provide a fraction of the humanitarian services provided by our City now. (APPLAUSE) Mr. Wilkins: It is simply not fair for the media to portray our City as doing nothing about the problem for the homeless, when, in tact, the City of Miami, as the map shows clearly, provides almost all the. services in this area. "That's just not fair. It is not fair for anyone who lives in a community which has no homeless facilities in it to come here into my City and tell me to accept another such facility. This is an issue of fairness. I will agree with the proposal set forth before. I think this map shows that the City of Miami has, indeed, taken the first step towards helping the homeless problem. 'These. shelters are the first step. Let the second step occur in other parts of our County which contribute a lot to the problem, and right now, not much to the solution. I would also just mention briefly, while I've got a minute, our neighborhood association in the Roads neighborhood has also voted against this. We are being impacted by this. This is not just a problem of the Ornni/Edgewater area. This is an entire City of Miami problem. Thank you. (APPLAUSE) Mr. Patrick Prudhomme: My name is Patrick Prudhomme. I live at 8276 East Dixie Highway. I'm an active member of the Shorecrest Homeowners' Association, twelve hundred homes, five thousand residents. I am the vice president of the Upper East Side... Federation of Upper East Side Homeowners, 36th Street to Miami Shores, the railroad tracks to the bay. I'm here to tell you that my neighbors and I are very upset that we have to be before you here today. In no other of the elitist communities surrounding us would this even he allowed to be an issue before their Commission. I want to let you know that we are undisputabiy a dumping ground of the entire County. I'm also here to tell you gentlemen that we are so fed up with the lack of leadership over the last four decades in the north section of the City of Miami that we are considering, the Federation is considering leaving the City of Miami. We are talking to Miami Shores about it. We were talking to them when we were having the meeting last week, at this meeting. We want to let you know that we do want to stay with the City, but not if the City is going to continue to see us as a dumping ground. If we have to leave, we will. And I have a promise for you gentlemen. If we cannot get you to see the importance of our community, and we have to become one of the elitist communities, we will use you as a dumping ground, too. Thank you. Mayor Clark: Thank you. (APPLAUSE) Mr. Armando Rodriguez: My name is Armando Rodriguez. I am the president of the Concerned Citizens of Edgewater, 3981 Northwest 2nd Terrace. I have been a resident of the City of Miami since 1965. All my family lives in Edgewater, my parents, my brothers, my sisters-in-law, nephews and niece. I have been in Catholic education for twenty-two years, and I have been committed to teach my students leadership and community involvement. This past year, my students presented a project at the State convention of the Student Council, in which each public and private high school in the State of Florida was supposed to sponsor a homeless project. We are not opposed to the homeless. Who could he? Mayor Clark: Nobody is. 16 July 5, 1994 Mr. Rodriguez: We think the City of Miami has enough. I heard a lot, "Not in our back yard." We have it in the hack yard, and we have it in the front yard. We don't need more. Out of thirteen hundred beds for the homeless in Dade County, the City of Miami has nine hundred and fifty-one already. I went to Orlando, on my own time, with my own money, with three other people from the neighborhood. I arrived at the center at three p.m. in the afternoon. Very nice, very nice for file center. But it surprised tire. I only saw forty-seven homeless in the center, and I wondered where I could find the other four hundred. I walked out, and I asked the businesspeople, and 1 asked the neighbors, "Where are they now?" 'I'hcy say they hang around in hotels in downtown, or they hang around the neighborlrooc.i during the day until dinner time. There are two points about this project that everyhody agrees with. One„ its an experimental project. We might end up with the only project in the City of Miami, and i want all of you to remember this. The second, it doesn't work for the hares core homeless. That's what we have all heard about. Most of the homeless in downtown Miami are hard core. people.. We are going to bring the hard core homeless 1'rom Coral Gahles, from Hialeah, from Miami Beach to the center. Once they don't bet in, they are going to walk through the streets of Overtown, Wynwood, Edgewater, and Allapattah. People, we already have enough. We have Camillus House, we have the Rescue Mission, we have the City Mission. No other- City have done more for the homeless than you people in tile City of Miami. We have our fair share already. The people you are going to se.e on this side of the podium are the residents and leaders of the City of Miami, the real partnership; the partnership that you go to support the NET (Neighborhood Enhancement Team); the partnership that you call when you want the garbage to he collected in the front door, and we come here to support you. (APPLAUSE) Mr. Rodriguez: We are working together to make the City of Miami a better City. We, you and I, you and us work together in the City of Miami. When this project was presented, a priest was present with me, and he said something that I have to repeat today. He said, "The message of Jesus is a message of love, it's a message of peace, and it's a message of justice." And I want to know, where is the justice for the neighborhood of Miami on this project"? We have more than the rest of the City and the County. Please, in the name of justice, in the name of fairness, remember, we are a team. We are the. City of Miami. Vote against the project, and support the neighborhood of Miami tonight. Thank you. (APPLAUSE) Mayor Clark: All right, sir. Your name and address. Mr. Irby McKnight: Mr. Mayor, honorable Commissioners, good afternoon. My name is Irby McKnight. I live at 224 Northwest 12th Street. i am next door to a shelter at 1217 Northwest 2nd Avenue. If you received lists of shelters from HRS (Housing and Rehabilitative Services), Dade County or the City of Miami, I can assure you that 1217 Northwest 2nd Avenue, a sixty - bed shelter, is not on those lists. I can also assure you that numerous commercial apartments in Overtown for the last five years have secretly been used to place mentally dependent people who were taken off the street. Not only is the Overtown community home to seven shelters that practice racial discrimination, but we are within walking distance of twenty-two shelters. Ladies and gentlemen who sit here today to support the 1550 shelter location, allow me to appeal to your souls in behalf of the residents of Overtown. Believe me, we do not want, nor do we need another homeless shelter in or around the Overtown Community. We are not naive to the point of no return. I'm here to remind you that no matter how many instances you get of rehabilitative facilities, halfway houses, congregate living facilities, half of them will he ornitted, because they're located in Overtown, and you don't know about them. They don't have license. The 1217 south location is a three-story apartment building that was borne for forty-eight families in Overtown for a period of twenty-nine years. One day, the landlord gave notice that he would be 17 July 5, 1994 renovating; the building, and would move the tenants to other properties that he owned in Overtown community. All of the tenants moved, reluctantly, but they moved. After the renovation, a fence went up, a guard grate was put in, a community kitchen was open, and sixty homeless men was brought from Homestead, slap dab in the middle of my block. We who live in Overtown know something; you don't know, and that is, if you walk or drive by any of the shelters, twenty-three of them are listed on this roster, and half of them are in Overtown or around Overtown. It' you do that tonight when you leave here, in every doorway, in every street corner, you will see black men and black women lying; on cardboard mats and blankets. And then if you go inside the shelter, bang, they're a different color altogether. Well, 1 don't think we, the taxpayers, are interested in financial bigotry and racism, as is practiced in the shelter. Mother Teresa, the saint, or is she? Ask any homeless black woman who's spent a night there, and they'll tell you, they know what slavery was ahout. Why"? Because they must scrub the floors, and clean the walls before they go to bed at night, and they can only do that after the other people have been put to sleep. And then at six the next morning, they are at the Culmer Neighborhood Service Center, because they must leave as soon as the sun rise, while other people are served breakfast. "There are people in this room tonight from Overtown who stayed in the shelter. Ms. Eartha Walker, who will speak to you later, not homeless, but could not believe when she heard the stories. So she went to the shelter, posing as a homeless person, and spent the night. She'll tell you her story when she gets to the mike. But I want to remind this Commission of Ralph Sanchez' Grand Prix. The number of homeless people who once lived in Bicentennial Park and under I-395, the mud flats, I think you call them. A judge's decision stated that you could not harass nor move these people. But Government can do anything they want to do. So can the Homeless Trust Task Force. Because Governments, as well as the Homeless Trust Task Force, we hope, we know in the case of the Homeless Trust Task Force, and we do hope in the case of Government. They are two groups of people who are well educated, extremely connected, and understand what's going on. That's not necessarily the case for us who live, in Overtown. But how big a person are you, if you run over me, who can't read, me, who can't defend myself, when you just stuff homeless people and homeless shelters down my throat until I'm choking on my own vomit? Does that make you a big person, Mr. Chapman? Do you feel good about yourself? Because we don't feel good about you. Mayor Clark: Thank you. (APPLAUSE) Mr. McKnight: This is the City that provided vouchers for homeless people who came to the trailers under I-395, because they were homeless, living in the mud flats, living in Bicentennial Park. A large number of these people were placed in single -room occupancy in our neighborhood Overtown. This was how you got around moving them, after a Judge told you not to. You paid their rent at 211 Northwest 12th Street, twenty-five feet from my front gate. You did that with two hundred and twenty dollars a month, through Dade County. 1600 3rd Avenue, Overtown Neighborhood Service Center, dispenses the payments, and did the intake on these people. After six months, you didn't pay it anymore, and the landlord evicted them. They now live on 14th Street, Linder the bridge. If you travelled through Overtown before eighteen months ago, you did not see anyone living under that bridge. 1 have three of them here tonight, who signed up earlier at City Hall this afternoon, because they are here to verify the fact that they did sign up at the trailer, that they were placed at 211 Northwest 12th Street, after the court order came out, and then six months into the process, you stopped paying their rents. You did not provide social services, so they didn't get a job. They could not make the payments themselves, and now they built them a shack during the day while your inspectors worked, and did nothing about it. Now, they have a popular shanty town near the suburbs. The more homeless shelters that we've received in Overtown, the more people.., good-hearted Christians, who came to my neighborhood to feed the hungry the more homeless people and hungry people we got coming there. So if you build this, yes, they will come, I know, because one time, Camillus House fed 18 July 5, 1994 people in Overtown. We never saw people in the street begging for food when it was only Camillus House. But then, a whole lot of other people started doing it. And now, we have hundreds of homeless people all in our streets. And the last thing I'd like to leave you with, particularly you, the supporters at the. 1550 site, i will stay until the end of the meeting. I am happy to know that so many of you support this. I will go under the bridge at 14th Street in the morning, with your name and address, and I will tell a homeless person how you cared for them down here tonight, and I'll give them the bus pass to visit with you tomorrow. Thank you. (APPLAUSE) Mayor Clark: Mr. Shubin, Mr. Shubin, you have thirty minutes left in your presentation. Mr. Shubin: Mr. Mayor, this proceeding has some aspects of an appellate legal proceeding, and some aspects of a puhlic hearing. I would have no objection if you were to impose a two minute time limit on the remaining speakers. Mayor Clark: You told me you were going to do it, yourself. Mr. Shubin: I'm trying to, sir. Mayor Clark: All right, please, two minutes, folks, and we'll have another fifteen people come up here. Ms. Dorothy Quintana: May I have one minute? Commissioner Plummer: Mr. Mayor, if I may, in the interest, I would ask both sides not to get personal. This is not for personal vindictiveness. It's not a vendetta. I would hope the remaining speakers would speak to the issue, and not be personal. Thank you. (APPLAUSE) Mayor Clark: All right. Please, let's get your speech in as little time as possible. Many people want to speak, and you've got thirty minutes left. Ms. Quintana: My name is Dorothy Quintana. I live in Wynwood thirty-nine years, and I think I'm sick and tired of having Wynwood as a dumping ground. Not only Wynwood, there's Edgewater, Allapattah, and Overtown. We are together. On everything that is dumped, bring it to these places here. Why? Why are they picking on us poor people? Let them bring it up, way up, in Homestead, any place away from here. Put them to work. That's what they need, work. Mayor Clark: OK. Thank you, ma'am. (APPLAUSE) Mayor Clark: Yes, sir. Mr. Randy Golden: Mr. Mayor, Commissioners, my name is Randy Golden. I'm a native Dade Countian. I reside at 625 Melaleuca Lane, in the City of Miami, which happens to be the Baypoint neighborhood. I'm an attorney. I practice law at 100 South Biscayne Boulevard. As an individual, I'm a member of the Federation of Miami's Upper East Side Homeowners' Association, and I have been asked by its president, Ernestine Stevens, in her absence from the City today, to appear and address the Commission as to the position of this Federation. The Federation heard presentations by both the partnership, and by the group from the Omni/Edgewater area. The Federation's position is that it opposes this homeless facility shelter 19 July 5, 1994 as it's presented to you. Essentially, the reasons were laid out in Ms. Stevens' letter, which I believe was delivered to each of you. Essentially, there's a concern that the size of the facility has not been demonstrated to he an effective way of addressing the homeless problem. It would be a magnet for homeless people from other municipalities. ['here's no guarantee that future beds would he placed in other communities around Dade County. 'There's a probable burden on the police resources that would result from this large type of facility that would have a negative impact on the economic development of the area. And essentially, the secrecy that was involved in the original site selection process, we consider that very inappropriate. Thank you. Mayor Clark: Thank you. (APPLAUSE) Mr. Ted Lyons: Mr. Mayor, Commissioners, my name is Ted Lyons. I live at 915 Northwest 1st Avenue, and I find myself tonight on the other side of a lot of friends of mine, but I think it's important to step forward, because not only do I live in Overtown, I work there also. I work on the streets of Overtown from nine in the morning till five at night, and I watch and play and work with the kids in Overtown. They have to literally step over the homeless to get to school. And if you'd see the faces, I think its our audience saw the face that those kids, that they have to live with, I think that we would reconsider putting it there.. I think by putting that homeless center there... I think it's a good concept, i think it's the wrong location. The other thing, the businesses in the area, we try to support the business, but there is no business district in Overtown, because no one wants to move in there. You have to step over the homeless, who sit there, smoke dope, drink liquor, wallow in the dirt. At our building, at the Culmer Overtown Center, we have literally seventy-five to a hundred homeless sitting around in the park there all day long. So think about that. When you come to Overtown in the middle of the day, you find more people walking the street homeless in Overtown than you do at Bayside during the weekend, almost. Mayor Clark: Thank you, sir. Mr. Lyons: And the last thing I just want to say is even if you take the homeless and put them in that location, we cannot lock them up. In the daytime, they have to walk around. They're not in jail, and they're coming straight to Overtown, because they don't have bus passes or anything else to get around anywhere else. Thank you very much. Mayor Clark: Thank you, sir. (APPLAUSE) Mayor Clark: Oh, my goodness! Ms. Mary Hill: Good evening. You mind if I put my tape recorder out? I'm putting it right up here before you. Mayor Clark: Make sure it's full. Ms. Hill: OK. My name is Mary Hill. I'm the founder of the Economic Opportunity Action Amendment. Mayor Clark: Your address? Ms. Hill: 146 Northwest 67th Street. 20 July 5, 1994 Ms. Hill: I'm here tonight because I'm too concerned, not only in Overtown, not only for the homeless, but for all poor, regardless to race, creed or color. I'm here tonight because I want to address the, facts, what need to straighten this City up, not only in Dade County, but throughout the nation. The regional office headed by rile and the poor, by law, is supposed to lie in this City, which some of you are aware of. I'm the founder of the appropriations that coming down through here. I'm the founder of most all of the programs, and I notice t1lat the rigid approach that we're making here in Dade County, we're making another rigid approach toward just the homeless. We have other segments to address under these I'unds that we are supposed to get down here, under a regional office headed by Director Mary Hill, wliich has never been done. We are ignored. It's time for the public to know the truth, and go under the right umbrella, and bring the funds in according to law so it will benefit the poor people that these funds are addressed to reach. Now, the homeless are poor people. This is why I'm addressing it like this. Mayor Clark: Thank you. Ms. Hill: They, too, are one segment. OK. Now, we have... We have centers that right across the railroad track that is servicing. It's been there many, many years ago. And right across the track where you are putting this center is saying and circumventing the same laws, the same intent that we need to address and set up these programs according to the law, because you are going to go to Washington, and I know from the previous and lobby for funds from Title Twenty, which I founded to implement the Townsend Act. Let's get these homeless people under the right umbrella. They want to he productive citizens, like we are. Mayor Clark: Thank you. Ms. Hill: They don't want just educated and put out with nothing else. We want all poor people addressed, according to the laws. Thank you. (APPLAUSE) Mr. Marta Rodriguez: Good evening. My name is Marta Rodriguez, and I live at 411 Northeast 25th Street, Edgewater area. I'm not here to bring you another set of statistical figures, which I assume you should know by now. I'm not here defending a subject matter which is of upmost importance to the residents of Edgewater, Overtown, Wynwood, Allapattah and downtown area, while my home is located in Coral Gables, Coconut Grove, Kendall, Fisher Island, and other wealthy areas of Dade County. I am here representing the mothers and grandmothers of the Edgewater area, because I live there. I have lived there for the last twenty-one years. I have had two children born and raised in ti.is area, and I a►n tired. I am tired of being in front of this Commission over and over again, to protect my children and those of the people in Edgewater from the long arm of big interest groups in Dade County and other areas. I'm tired of the powerful people disguised as the good shepherd, trying to destroy my neighborhood even more. I am here to remind this Commission... (APPLAUSE) Ms. Rodriguez: I am here to remind this Commission that we are not against a good cause, such as helping the poor. We could not, because we are the poor area of Dade County. We are the underdog, the forgotten and abused neighborhood by the big interest groups. I am here to appeal to the good conscience of this Commission, as fathers and mothers, themselves, to think of our children. We have given more than our fair share in helping others. Enough is enough. The time has come for other areas to share this problem. That first building to be constructed should be elsewhere, not in our neighborhood. I challenge them to prove themselves, if they are so 21 July 5, 1994 well -intended as they pretend to he, to show us and the rest of Dade County that they really care, by taking this building and the occupants -to -be to their own neighborhoods. Thank you. Mayor Clark: Thank you. (APPLAUSE) Mr. Paul Braxton: My name is Paul Braxton. My address is 601 Northeast 39th Street, Miami. Ladies and gentlemen, Commission, I find it disturbing that a Commission with so many people, with so many degrees, and so much intelligence cannot look at a problem that exists, and that has been preexisting. We had a problem with rcvitalizitior► in Overtown for the last ten years, we're talking about it. We got ht)meieSS people who are under bridges, who are sleeping in buildings that they made themselves. These people are not stupid people, they're ❑ot uneducated people, they're not skill -less people. It doesn't take very much for the City, with the help of the County and the Federal Government to take those same skilled, homeless people, use their efforts and their talents to revitalize. Overtown and all the County or the City has to do is pay for the materials and supervisors. Why put another, why put another center down, that if any of us went out there and spoke to those people, took some time out and stop looking at them, get out of your car and talk to them, you would know they're not going to live there anyway. They're not going in there. (APPLAUSE) Mr. Braxton: What you're doing is you're not helping. What ultimately comes to play is institutionalizing these people. You're taking their manhood away from them. You're taking their productivity away from them. You're taking their humanism away from them, when they have the same skills that many of our County, many of our City carpenters, electricians, masons have, and they can solve Overtown's problem, they can solve their problem, ultimately, they can solve the City's problem. Have a good day. Mayor Clark: Thank you. (APPLAUSE) Mr. Alan Savitz: Honorable Mayor, Vice Mayor and Commissioners, my name is Alan Savitz, president of Universal Home Products, at the same location for almost thirty years. If you'll refer to Exhibit A, which I put on your counter there, is a letter dated June 16th, from Alvah Chapman and the Community Partnership for the Homeless, it says that, number 4, and I quote: "Crime rate in the downtown area in the vicinity of the Orlando Homeless Assistance Center was reduced forty-one percent in the two years after the center opened." This proves that Alvah Chapman has been ill advised, misled and misrepresented to... Mayor Clark: Sir, give us some new information. We've heard that three times already now. Give us some new information. Mr. Savitz: OK. Exhibit B, which is a letter from a learned attorney who was taught to check his facts, on number 4, he says the same exact thing, crime dropped forty-one percent. And also number 21, and they have virtually no homeless on the street. Now, if you see Exhibit Number C, the photos that we took during our recent trip to Orlando, the small photos show us inside the shelter. And I must say that I've never been inside a shelter that l didn't like. I've been in them in San Francisco, I've been in them in Portland Oregon, I've been in them in Orlando, Florida. Inside, they're nice, but outside is where the problem is, and that's why we're here today, because the homeless are not prisoners. They are free to walk the streets during the day. That 22 July 5, 1994 was something else that Mr. Chapman was told, that they're going; to he inside the shelter in workshops and in educational programs, leading us all to believe that they would not be on the streets during the day. But as we found out in Orlando, in San Francisco and in Portland, they are, during the day, out on the streets panhandling, and many oi' them are among the criminal element, and to and froin, walking in and by homes and businesses, they take the opportunity to break in and to rob. Also, what about the satellite facilities that will follow a shelter of this size? There will be many little other shelters that they'll need to put up. Being the time is short, I'm going to go right to the end, in which my final thing is this. Today is our "D-Day". We are fighting to save our homeland from another invasion of homeless facilities, and you, our Commissioners, will he our liberators. Thank you. Mayor Clark: Thank you. (APPLAUSE) Mayor Clark: You got 15 minutes left. Go ahead. Proceed, sir. Mr. Fred Joseph: Fred Joseph, 1717 North Bayshore Drive, Unit 3856. I'm on the Grand Condominium Board, and I've been elected as secretary, and I've handed the Clerk a packet of petitions. Honorable Mayor, Vice Mayor, Commissioners, please, listen to these people that are speaking. These petitions have been signed by your voters. They're right here behind me, and they want to he heard today. I know what you're talking about. We're not opposed to the concept. We're opposed to the location and the size. All the people in this audience right now, I would like one thing to he asked. Anybody in a two-mile radius there, raise your hands, please. If you'll look to the left of you, ladies and gentlemen, you've only got about five hands on that side up. Look at the hands on this side. You're talking to the people that live near there. Also, the only thing I can ask you... (APPLAUSE) Mr. Joseph: Everybody says, "Oh, you don't want it in your back yard." Ladies and gentlemen, our back yard's full. Look around. Now, it's going into our front yards. We'd be happy to talk to you about your hack yards, Coconut Grove, Hialeah, Coral Gables, Miami Beach. (APPLAUSE) Mr. Joseph: Allapattah's area is full of people, Wynwood's full of people, Omni area is full of people. Let me ask you one thing, please, who does the Commission listen to, the people with the power, or do they listen to the power of the people? Thank you. (APPLAUSE) Mr. Lee Shur: My name is Lee Shur. I live at 1717 North Bay Shore Drive, in The Grand. I'm a resident, but I'm also representing The Grand and Associates. We have spent over thirty million dollars developing that area. I'm speaking to you as not the average person on the street now. I'r*'•. speaking to you as a developer, one who can make the Omni area the beautiful area that's going to expand downtown into being one of the hest developed downtowns in the country. And the only way we can do it is by developing from that area on that will connect all the way down Biscayne Boulevard, and we'll have a City to be proud of. We've spent over thirty-five million, Since this site has been chosen or has been talked about, our sales have gone absolutely flat. My investors have called us, and we were negotiating on another building, to spend another thirty to fifty million dollars, and they said, "Stop negotiating until we see the results." I'm only one representative, one developer. There's a lot of them out here feeling the same way. They're waiting. I have got contracts on our desks, probably ten or fifteen, worth 23 July 5, 1994 over a million dollars in sales by way of deposits, and signed contracts, and the people won't close until they see what happens. Listen to the people. We'll work with you. We want to help the poor, we want to help the homeless. We will get in and... If you want to put sixty people... a sixty -lied operation in there, we're with you. A hundred beds, we're with you. But don't load it. Don't dump on us. We're with you. We want to see this be the hest area in Miami. Thank you. Mayor Clark: OK. Thank you. (APPLAUSE) Mayor Clark: Ten minutes, Shubin. Ten minutes, yes, ma'am. Ms. Eartha Walker: OK. My name is Eartha Walker. I live at 499 Northwest 5th Street. I'm the grandmother of twenty-five kids, and three. great -Brands. I would like to make Miami safe. And I have lived here. in Miami since 1958. I've seen Miami go down the drain like water go down. When I came to Miami, it was a very few homeless people. As the years go by, more homeless people came to Miami. "They call themself the snowhirds. Then came some more other snowbirds. Well, they got... They got... stayed up here in Miami, because they didn't want to go back where they came from, because everything was real sympathetic. Now, what makes these... I went out and lived with the homeless people for one year, and I wanted to know what make these people tick. I found out that there's a lot of talents out there. There's doctors out there, there's lawyers out there, there's nurses out there, there's teachers out there. I know everybody gets down on their luck sometime. These people that have these skills, what happened to them? They need help. What happened to the other people that does not want help? Take these people and send them hack where they came from. Now, I spent almost every day talking to them under 14th Street bridge, under Ist Street bridge. These people are not going to move, because they're there. You cannot take them from under 14th Street bridge, you cannot take them from under 1st Street bridge, because it's going to he some kind of problem. Now, these people that you cannot motivate, what you going to do with them? That's a double question. These centers that is in Overtown, they have nothing to do with the HRS. You need to bring in HRS to control these centers, because I am the one that went to Sister Teresa as a homeless, and I know what happened in there. Please, do something. I appreciate it. Mayor Clark: Thank you. (APPLAUSE) Mr. Victor Alba: Good evening. My name is Victor Alba, 3401 Northwest 17th Avenue, Allapattah. I am vice president, Associacion Comunal Dominicana Allapattah. When the City tried to put the homeless in Allapattah, we working hard. We say no homeless in Allapattah. I want to say just something. We love Miami, not Allapattah, all Miami. We don't like the homeless in Miami. Thank you. Mayor Clark: Thank you. (APPLAUSE) Mr. Anthony Scremin: Good evening. My name is Anthony Scremin. I live at 12651 Southwest 20th Terrace. However, I spend more of my time in the Edgewood (sic) area, because I own two buildings there. My law practice is there. One of the things that you all I think are missing is you haven't been in the area. I've been there with my law practice for fifteen years now. Before that, my dad owned Ace Terrazzo Company on Northeast 26th Street since 1950. We've seen the area deteriorate. You all need to do something about it. The statistics are here. I've seen it, because I do criminal work there. 'There's so many halfway houses in this area, so 24 July 5, 1994 many drug houses, and when you get this, you don't get a situation that's free of crime. You get more drug users, you get crack cocaine being sold on the corners. My street has deteriorated to the extent that someone canle to my office the other day to help me. I'm running for Judge at the present time. What happened was that person's radio was stolen in my lot gate, across the street from my office. This is what we're faced with, clay in and day out. 11' you allow this to keep developing, it's not something that's going to cure, itself by adding more shelters, by adding more homes is not going to cure the problem. All of us, our hearts go out to the helpless people in the community. We want to do so►llcthing to help. We've. done ►core than enough. Your job, as any surgeon's jab, is when you see cancer, you've got to cut it out, you've got to stop the growth, and that's what I propose to you. You all are the surgeons. It' you go down there, you see what's happening in our neighborhood, stop it. Cut the cancer out. (APPLAUSE) Mayor Clark: You got about three minutes left, Mr. Shubin. Mr. John Singleton: Mayor Clark, Commissioners, I'm John Singleton, 2121 Biscayne. 21 Residents Association. They represent a hundred and ninety-two units there, families, and once we get through the war zone into our complex, we're pretty secure. I don't want to be redundant, but everybody here, I support them. Everybody wants the good for the community. It's time, Mayor, you were a great Mayor of the County. I remember when you selected the site for the zoo, that was a hard thing. I renlemher when you selected the site plan for the new jail, that people came to you and said, "We don't want them here," you found another place for it that was considered by everybody a goad place. Do the same, please, Mayor. Nice seeing you. Mayor Clark: Thank you. For the Outboard Club. (APPLAUSE) Mr. Chuck Taylor: Mr. Mayor, my name is Chuck Taylor. I live at 14352 Ardoch Place, in Miami Lakes. Although I don't live in the City of Miami, I work for the Brandon Company. We're a real estate developer. We do a tremendous amount of business in the downtown area, such as projects like Columbus Bar, one Bayfront Plaza. Now, one thing we look for in real estate... There's an adage that we're for three things, location, location, and location. Mayor Clark: That's right. Mr. Taylor: Because of the dollars involved that have been put in, public money in the area, we have had direct talks with the motion picture industry, and we entertain the possibility of putting together a development of a motion picture industry park that's for TV as well as video in the area. This area is just on the brink of being able to break out of where it's been. It's about as stable today as a glass top table on tap of an earthquake fault line. The reality of it is, in order to get investors and business entrepreneurs to invest their money, they've got to have a reasonable opportunity to... a chance for success. Please vote no, against this. We need your help. Thank you. (APPLAUSE) Mayor Clark: Mr. Shubin, your time has expired. Mr. Shubin: I would simply ask for one minute so that four people could read their names into the record, if that would be possible. Mayor Clark: Do that, read it into the record. Give us your name. 25 July 5, 1994 Mr. Phil De Tournillon: Phil De Tournillon, 915 Northwest 1st Avenue, representing John Cruz, recently just built a tour hundred and sixty-three unit apartment building. Mayor Clark: OK. Thank you. Ms. Rosa Green: Rosa Green, 415 Northwest 6th Street. Mayor Clark: Thank you, ma'am. Ms. Gwen Morris: My name is Gwen Morris. I live at 1278 South Venetian Way, Venetian Causeway, and I am opposed to this project in our neighborhood. Mayor Clark: Thank you. Mr. Bill Stapleton: Bill Stapleton, 525 Northwest 29th Street. I don't see the numbers. I can't see seven and a half million dollars a year for three hundred and fifty people, and that's what was written in the paper last Sunday. Mayor Clark: Thank you very much, sir. Mr. Stapleton: I encourage basketball, and cooking and... Mayor Clark: Thank you. Mr. Shubin, your time has expired. Thank you. You'll have some time in rebuttal. All right, sir, your name for the record. Mr. Stanley Price: Mr. Mayor and members of the Commission, my name is Stanley Price, along with my partner, Vicky Leiva. We are proud, on a pro Bono basis, to represent the Community Partnership for the Homeless. (BOOS) Mayor Clark: He is an attorney. He lives in Miami Lakes. He stated that. Mr. Shubin, what's your address? Mr. Shubin: My address, home address is 1699 Tigertail Avenue, City of... Mayor Clark: Coconut Grove. It doesn't make any difference where these people are, as long as they identify themselves. That's what Mr. Plummer is so interested in. Mr. Price: My address is 701 Brickell Avenue. And Vicky Leiva. Ms. Vicky Leiva: My office address is 701 Brickell Avenue. My home address... Mayor Clark: Ladies and gentlemen, please he quiet. Nobody interrupted you. Now, please be quiet. Ms. Leiva: My home address is 1690 Noc-A-Tee Drive, in Coconut Grove. Mayor Clark: Thank you. (BOOS) Mayor Clark: Come on, let's go. 26 July 5, 1994 Mr. Price: Mr. Mayor and members of the Commission, we've heard an hour and a half of testimony. Mayor Clark: it's now a quarter till eight. Your testimony can go for an hour and a half. Mr. Price: What we have failed to hear during that one hour and a half' presentation is the reason we are here today, and that is the zoning hearing. The zoning hearing predicated upon the City of Miami Zoning; Code, wherein, in your Code, in the C-2 district, which is where this property is located, the use that we are seeking as a special exception is a permitted use within that district. Following a public hearing, and following the imposition oi� reasonable conditions upon that use, we are here today with the positive recommendations of your professional staff, a well respected professional staff, who grudgingly gives approvals in regards to land use matters. This is not a matter of filing an application and sitting hack. We had several meetings with your staff, and each and every occasion, they imposed additional conditions, which we have agreed to meet. This is a land use matter, and you are sitting as ;r quasi-judicial body, As a quasi-judicial body, YOU must weigh the facts predicated upon what your Code provides. This is not a matter as to whether this is the hest site in the City of Miami, or whether this is the hest site in Dade County for this facility. That is not the issue before you. The issue before you is, under your Code of ordinances, whether we have complied with the conditions imposed under special exceptions, which were enunciated in your Zoning Code. What is the standard of review? The standard of review was indicated by the Chief Judge of the Third District Court of Appeals, in the case of Metropolitan Dade County versus Duller. And in that opinion, Judge Schwartz weighed out the test, which is now the cardinal rule of the State of Dlorida. It's that an applicant is entitled to a special exception unless, "unless" those who oppose that special exception can demonstrate an adverse public interest predicated upon thee terms and conditions of your Code. Your Code does not require a distance requirement in regard to facilities such as this type. Your Code does not require that these type of facilities must be chosen by a plebiscite of the citizens of your community. The applicant is free to choose the location, and predicated upon the goals and objectives of your Code, that is what you must judge this application. We are here before you today with no variances being requested. When I took this position as legal counsel to the Community Partnership, I imposed two conditions upon its leadership. Number one, I wanted an application that was free of variances, because the test on one who challenges the variance makes it a rebuttable presumption against that position by an applicant. And number two, recognizing the quasi-judicial nature of this body, 1 instructed my clients that no ex parte communication would he permitted, if I have to serve as their attorney. Now, we've heard the opposition, and there's no question that the opposition was sincere in their feelings. But sincerity is not the basis to reject a zoning application. Your Code contains the standards which you must judge this application; your Code, coupled with what your comprehensive plan provides. And in your comprehensive plan, in the housing element, under H01.4, you list several criteria, where you indicate as part of the goals and objectives of.' this City is to site these facilities, and recognize that you have. a homeless problem in this City. Likewise, it will take the position in Federal Court, and you have advocated through the City Attorney that a homeless shelter is needed in this community. We will present to you a list of witnesses who will talk to you about facts, talk to you about land use, talk to you about the fact that this property is properly zoned for the use, talk to you about that this is near the problem area. We'll talk to you about this is near the public facilities and transportation necessary to achieve the objectives of this shelter. And four, it is near other facilities in this community, which will help us in the short-term and the long-term, rid ourselves of this problem in our Community. We believe that we will demonstrate to you widespread community support for this project, and we believe that we can show you facts - not emotion, but facts. We will provide to you evidence of similar facilities in this State, and what that has meant to communities in this State; not perceptions, but facts. And we will demonstrate to you through the officials of Orlando that a similar type of facility has acted to the betterment of that community. Mr. Mayor, we have allotted a time, we have a speakers' list, and my first witness will he the Archbishop. 27 July S, 1994 1 r 04 k Mayor Clark: All right. (BOOS AND APPLAUSE) Mayor Clark: Ladies and gentlemen, please. That shows absolute disrespect, I tell you. I tell you, absolute disrespect. Would you let the Archbishop speak, and your name and your address, Archbishop. Archbishop Edward McCarthy: Yes. Good evening... Vice Mayor Dawkins: Mr. Mayor, may I say something, please? Mayor Clark: Yes, sir. Vice Mayor Dawkins: You know, I am against this, from the bottom of my heart, but I would be in favor of voting that if those individuals who were heard and these people remained quiet do not remain quiet while this side is heard, that they be put out the building. (APPLAUSE) Mayor Clark: Please, please, folks. Please. All right, Archbishop. Archbishop McCarthy: Good evening. I'm Archbishop Edward A. McCarthy, and I live at 5268 Northeast 7th Avenue. I'm grateful for the opportunity to present briefly my observations. We're dealing with a highly sensitive subject this evening. I can understand and sympathize with those who have concerns for themselves and for their communities. As we discuss them, may we mutually respect each other. I may venture to suggest, however, that this is a subject which challenges the greatness of which Miami can be proud; the greatness of our nation, which was celebrated yesterday. The Lord, himself', allows crises to raise the level of humanity. We're told in sacred scripture that at the last judgment, the Lord will welcome those who showed compassion toward him, and condemn those who, when lie was hungry, gave him no food, when he was thirsty, gave him no drink, and when he was away from home, gave him no welcome. To the question, "When did we see you hungry, thirsty or away from home?" The Lord himself said he will answer, "As often as you neglected to do it to one of these least ones, you neglected to do it to me." We have a glorious tradition of great-heartedness, human compassion, our magic city. We deserve to have the Statue of Liberty in our Biscayne Bay. The majority of Miamians have experienced homelessness as they fled to our shores. They carry scars of pain, and suffering, and rejection, but they also carry marvelous, enriching, grateful memories as having been met here by people who embraced them in their troubles. We can he proud that we area community that, in its blood, does not reject those in desperate need. I assume all have been serving the homeless as best they can. Surely, among our top priorities must be not to be indifferent now to those comparative few of us who are suffering the ultimate devastation of homelessness, and not to ignore the conditions, the causes that brought them to this crisis, but to provide a long-range, comprehensive, workable solution that is people -oriented, and that will not fail them when they are in distress. My association with members of the Homeless Trust and the Community Partnership for the Homeless has led me to admire their dedication, their earnestness, their good judgment, their intelligence, their wisdom, their deep concern, their commitment, their sense of responsibility for the overall good of this community. They seem to be asking some sacrifice in the interest of some of us. I would recommend that we trust that they are conscious and that we be cooperative, as we have been assured, in protecting the needs and concerns of all of us. I recommend that we trust them, and affirm the Zoning Board's acceptance of the thoroughly studied, opportune proposal for the site of the Homeless Assistance Center. Among the broadly consulted have been those who have ministered, that are ministering now to our homeless. All 28 July 5, 1994 74 these things considered, it appears to he the hest available site to answer our urgent community need. As Tom Feedler reminded us in the Herald recently, our City needs to be, as it always has been, a City with a "can do" attitude. Please spare us the disgrace of turning our hacks on our men, our women and our children, our citizens of the streets, the cardboard jungles, victims at time of our own disgraceful neglect. i recommend approval, without further delay of the site for this gem of compassion and of rehabilitation, this first step in converting a nightmare to a dream come true. i say, let's inspire our people, demonstrate to the nation once. again that ours is truly a beautiful City, beautiful with the spirit of compassion, a City that can sit tall, a City with a heart. Thank you and God bless ,you. Mayor Clark: Thank you, Archbishop. (APPLAUSE) Mayor Clark: I think if we hold the applause now, we'll get a little farther along a little more expeditiously. I appreciate your enthusiasm. Applause is good for your blood pressure, so if you have high blood pressure, just keep clapping. Commissioner. County Commissioner Alex Penelas: Mr. Mayor, members of the Commission, my name is Alex Penelas, and my home address... (APPLAUSE) Mayor Clark: Please. Folks, no applause. Let's cut it out. And no hissing. No booing. Mr. Penelas: And my home address, sir, is 1785 West 76th Street, in the City of Hialeah, where I've been proud to live all of my life. Mayor Clark: Yes, sir. Mr. Penelas: I'm here before you today as a member of the Board of County Commissioners, and as Chairman of the newly created Dade County Homeless Trust. And I'm here to speak in favor of your decision this evening. As all of you know, approximately one year ago, at the call of many of the leaders of this great City, of many other cities, of citizens throughout the great County of Dade, the Board of County Commissioners enacted an ordinance implementing the Dade County Homeless Community plan, a truly innovative, long; -term solution to the very complex issue of homelessness that, unfortunately, had been neglected for many, many years in this community. By taking that vote, gentlemen of this Commission, in July of 1993, We became the only community in the nation to have a dedicated funding source for homelessness. By a thirteen to zero vote of the Board of County Commissioners, we decided to tax those people Who frequent our restaurants, our luxury restaurants in this community one percent, one penny, to help fund homeless programs. We created the Dade County Homeless Trust, Which is a representative group of twenty-seven individuals, not just Government, but people who are in the service -providing industry, formerly homeless and currently homeless individuals, as well as business leaders. And we put forward to this community a comprehensive program to deal with this situation. All of these efforts... And I think each and every one of you should be very proud of the news I'm about to give you. But every one of these efforts have allowed Dade County and the City of Miami to today, to he a finalist in Washington to receive one of five national model initiatives grants on homelessness; something that would bring to this community over twenty million dollars in Federal grants. (APPLAUSE) Commissioner Penelas: Those are not words, gentlemen of this Commission. Those are actions, actions that are being recognized in this nation's capital as being innovative and worthy of more 29 July 5, 1994 funds. Let me highlight for you some of the most important aspects of this Dade County homeless community plan. It is important to note as we listen to the opponents today, all of which I dearly respect, and have had the pleasure of working with on many, many issues in this community, in(] look forward to doing; so in the future, have given you a list of horror stories associated with big city shelters. The very first decision that was made by the Dade County Homeless Task Force., which was the predecessor to the Dade County Homeless Trust, was to reject the notion of a big city shelter, and that is set forth in black and white in our plan. Let me talk to you a little hit ahout what a hit; city shcitcr is. Typically, they are Government run, yes. You and I, Government, getting into an areri where we have traditionally showed that we simply don't have the expertise. This is not Government run. We have called upon community lay leaders, upon service providers to provide their input into doings what they do hest. We, as Government, don't know how to run homeless facilities, and we won't Under this plan. Big city shelters traditionally are operated in old, run down facilities, usually armories, as the one speaker from New York said. Does this look like an armory to you? This is not an armory. This is a three million dollar state-of-the-art facility that will treat homeless people in a humane way; not like armories or big City shelters do. Your own restrictions... (APPLAUSE) ! Commissioner Penelas: These big; City shelters that our opponents talk about typically house I from a thousand to fifteen hundred people. i was there. I walked the streets of New York. I saw the same shelters that this gentleman spoke about. I listened to homeless people who said they'd rather live on the streets than live in those shelters. This is not a fifteen hundred shelter facility. This is for three hundred and fifty people who want to enter a system of care that will eventually put them right hack on... Into our community, being contributing members of our society. These big city shelters typically offer no system of social services or rehabilitative services. As I will elaborate in a moment, this is simply the entry point into a continuum of care, a system of care j that will see homeless people come in its doors, perhaps, as someone who's lived in the l community on the streets for ► any years, but through a system of care that hopefully will rehabilitate them. That's what I'm talking about. This is not a big City shelter. And I would hope that when you consider that testimony, you realize that we have brought together experts throughout the United States who, will, in fact, confirm exactly what you have heard here today. I want to talk also a little hit about the continuum of care, that we are cornmitted to. The plan works as follows, gentlemen of the Commission, and ladies and gentlemen of the audience. It is a three -stage plan. It takes homeless people for thirty days in a facility like this, and then transfers them to the first available primary health care bed, so whatever their primary or secondary health care problem, whether it be AIDS (Acquired Immune Deficiency Syndrome), whether it he drug; or alcohol addiction, whether it he mental illness, so that those issues could be attended to. That's where the real money is going to be spent. That's where the real battles are going to be fought, gentlemen of this Commission. When we try to site the over dozen facilities we're going to need to site to treat people in smaller rehabilitative environments, that's where the bulk of the money is going to go as well; not into this center. And the third phase of the plan is a very ambitious twenty-five hundred housing; Unit facility that will help not only people who have gone through the system of care, but will help families, families with children, who today live on Watson Island, who don't need to go to the Homeless Assistance Center, who don't need to go to a rehabilitative center, but simply need a place to stay while the main wage earner is looking for a job, and we're going; to treat those people. And don't forget, as you all deliberate and make your decision, that over forty percent of the people who are on our streets today are families, families with children, eighteen hundred children, eighteen hundred people eighteen years of age or younger today call the streets of Dade County their home. Since the Trust... (APPLAUSE) Commissioner Penelas: Since the Trust was created a year ago, we have lived up to our commitment to the expansion of primary advanced care beds, the continuum of care, and we 30 July 5, 1994 have already expanded that network by two hundred and ninety-six units, many, many more to come in the next few years. Finally, members of the Commission, let me address the issue of fair share, because we've also heard from many, many of the opponents today that the City of Miami has become the dumping ground for homeless people. Let's talk a little bit about the fair share issue, and I hope... i would wish that Commissioner Plummer were here to hear this. I'm not sure where: the Commissioner Ilan gone. if ConlnliSSiOner PI11111111Cr would hear me, by ordinance, by law of this County, only one i Ionieless Assistance Center can be sited in the City of Miami, and I think that deserve repetition, Commissioner Plummer. Only one Homeless Assistance Center will he located in the. City of Miami. Those are not words, that's the law. When the Board of County ConhrniSSi011Cr"5 passed the Dade County Homeless Com►nunity Plan, we agreed to a notion of fair share, and we decided that only one facility should be in the City of Miami. Plans are already underway to start locating other facilities in the northwestern portions of Dade County, as well as the southern part. And, in fact, you know this well, Mayor, because after Hurricane Andrew, we applied under the McKinney Act for land at the Homestead Air Force Base, and today, I can proudly tell you that the. Dade County Homeless Trust and the Board of County Commissioners will he awarded over seventy-eight acres of land in Homestead, at the Homestead Air Force Base, to deal with homelessness or to deal with hopelessness south of Kendall Drive, where another two thousand people currently live on the streets of that community. Of the two hundred... (APPLAUSE) Commissioner Penelas: Of the two hundred and ninety-six beds that the Trust has expanded in the last year - listen to these statistics - two hundred and ninety-six beds. And though the opponents will have you believe that all of them were sited in the City of Miami, it simply isn't the case. A hundred and thirty-four of them, members of the Commission, were sited in the northern part of the County; forty-four were sited in the southern part of the County; twenty in the City of Miami Beach; and only one third or ninety-eight were actually sited in the City of Miami. So I think the trend has changed. While before it may have been true; that over seventy- five percent of our homeless individuals were being sited in facilities in the City of Miami, that clearly is not the case today, where the Trust is committed to fair share, and has proven it by siting over two-thirds of these beds in areas outside the City of Miami. Much has been said about the investment in this area, about the tax increment district, about the Performing Arts Center, five million of which was set aside to help the homeless, don't forget that; the Peoplemover, Burle-Marx. All those projects, ladies and gentlemen, are being funded with taxpayers' money, taxpayers from throughout Dade County, not just from the City of Miami, and the people of Dade County want a solution to the issue of homelessness. Before you make your decision, think about the encampment on 14 and 3rd and the encampment on 14 and 1, only two blocks away from the proposed site. Think about the hundreds of children, who, every day walk right in front of those encampments to go to school at Phyllis Wheatley Elementary. Think about them. Think about forty percent of the homeless people in this community who are families. Think about the eighteen hundred who are children. We can't continue to stick our heads in the sand. Be courageous. Leave your marks as a Commission that was part of the solution, not part of the problem. Thank you very much. (APPLAUSE) Mayor Clark: All right., please, you're taking their time. Yes, sir. Mr. Jack Peoples: Mr. Mayor and members of the Commission, my name is Jack Peoples. I grew up on the streets of Miami in the City of Little River, and I went to public school here at Miami Edison Elementary. Junior High and High School, for twelve years. I currently live in Key Biscayne and work in downtown Miami. I have two points I want to make very quickly. May it please the Commission. One, I want to remind you that on May 6th of 1991, this 31 July 5, 1994 Commission and the Metro -Dade Commission adopted resolutions declaring a state of emergency existed both in the City of Miami and in Metro -Dade County. That resolution remains in full force and effect today, as does the crisis that underlies that resolution. Now, over the last three years since your resolution of emergency, a great deal has been done in this community, as you know. When Governor Chiles appeared before the President of the United States, and asked hiin and Urged hini to site the. Summit of the Americas Conference here in the City of Miatlli, the primary argument that lie made. ill overcoming the recommendations of staff and others about the problems that existed iil 1hiS C01111111.1nity was that this community should be viewed not from its problems, but t'roni its solutions. The case was made primarily by the coming together of this community in the solution of the homeless issue. The adoption of a plan, the enactment of' a permanent funding source, and the bringing together of this richly diverse community in unity behind the problem. That argument was the argument that carried the day in causing that summit to be sited in this community. I want to ask you today, please, to follow your Code, follow your resolution of emergency, and follow the law, and cite this facility as it is proposed. Mayor Clark: Thank you, sir. (APPLAUSE) Ms. Janet Me Aliley: Mayor Clark and colleagues in the public decision -making process, I'm Janet Me Aliley. I live at 2025 Secoffee Street, in the City of Miami. I am a member of the Dade County School Board, and I am here to speak on behalf of the School Board, which has offered the property that the School System owns on Miami Avenue, between 15th and 16th Street for use as a Homeless Assistance Center. We have the Miami Skill Center, which is one block south of the proposed site, and that is a facility that will be co -located with the Homeless Assistance Center, to provide a new facility for skills training for the people at the center and in the community. Presently, at the existing Miami Skills Center, there are fifty students who are homeless, and who are getting the skills that we. hope will help them become employed and privately housed individuals. They do take courses in building maintenance, food service, nursing assistance, landscaping, child care, and most importantly, probably, for this group of people are classes in life skills; how do you manage your life, your money, and so forth, to help them get a hold on being independent people who are living; in reasonable housing. Dade County School Board is committed to the economic development and welfare of the neighborhood. In fact, just this past week, we closed on the old Jefferson Department Store Building, where we have spent more than twenty million dollars to renovate that building, including sky bridges that connects the School Board Building and the old Jefferson Building together, and we will he housing hundreds and hundreds of our employees that we are bringing back from locations scattered all over the City to be housed in that location. So we go in and out of this neighborhood every day. I do personally, into the School Board Building, back and forth, over to the hospital area, and I know that this is an area that already is a home for many people who do not have homes. We will not be bringing new people into the neighborhood, they're already there. On behalf of my colleagues on the. School Board, I urge you to vote in favor of the Homeless Assistance Center at this area. Mayor Clark: Thank you very much. (APPLAUSE) Ms. Leiva: Mayor and Commissioners, for the purpose of the record, I would like to introduce at this time this notebook that has letters of support from over seventy different community organizations, as well as general information regarding the partnership. Mayor Clark: Al right. Please bring it up, will you. Thank you. 32 July 5, 1994 64 Al Mr. Price: And just for the record, we are substituting, in lieu of the model, a series of photographs of the model with the site plan. We've shown it to Mr. Shubin, and he has no objection to us doing; that. Mr. Carlos Migoya: Thank you. Mr. Mayor, my name is Carlos Migoya. I live at 1600 South Miami Avenue, in Miami. As one of my community activities, I'm the treasurer of the Community Partnership, but here, I'm right now trying to speak on my behalf. As a professional career, as a banker, I'm the president of the Miami Bank of First Union. I've been a banker in Miami for the last twenty-five ,years, the first five years of which was within three blocks of the subject site that you're talking about, at a time when I remember Jordan Marsh and Jefferson thriving during that period of time. It's been said that this area would not be commercially feasible or financeahle from the standpoint of having the homeless site in the area. I will tell you that this area has not been very pleasant to finance over the last number of years, because from a financing standpoint, the only thing that counts is the cash flow and the ability to generate sales in those areas. What's happened in these areas, it's been very difficult for the retail outlets to continue to survive., and as you can see, Jefferson has now become part of' the Dade County School System, and that's really hurt the area. By heing able to provide a place for the homeless and get them out of the area, what you'll he able to do is provide suitable places where the Miami City residents will be able to shop and bring hack some economic feasibilities that are necessary for the commercial sites making it financeable. Thank you. Mayor Clark: Thank you, Mr. Migoya. Yes, ma'am. (APPLAUSE) Ms. Pat Pepper: Mr. Mayor and members of the City Commission, of the City of Miami, I'm Pat Pepper. I live and reside in the City of Miami. My office is in the City of Miami at 701 Brickell Avenue. I have the pleasure of being the executive director of Community Partnership for Homeless, and tonight, I speak to you on behalf of our fifty -four -member board of directors, in addition, one hundred and fifty volunteers who have contributed over six thousand volunteer hours, and hundreds of people that you see here tonight. We have had one purpose, and one purpose only, and that is to begin to solve the problem of people living on the streets in our community, without service, and without housing. What you see before you is a model, prepared pro Sono, as most of our work has been done, by students at the University of Miami School of Architecture. This is representative of what will he replacing the one hundred and ten thousand square foot building that is currently uninhabitable, located at 1500 Miami Avenue. This is approximately fifty thousand square feet on two point six acres. It has one point of ingress and egress, at the corner of Northwest 15th and North Miami Avenue. One will enter the center through one entryway, and this is where the administrative building; is, the intake center is, as well as the medical center. This Homeless Assistance Center is a center that is a medical center, it is an educational center, in that it is the Miami Skills Center, as you have heard, and it is an intake center, on an emergency basis, temporary care for homeless individuals. Additionally, it is a counselling and case management center, where people who come through our doors receive immediate, hurnane attention, where they can begin to restore and rebuild their lives. This campus can hold men, women and children. The women and children will be located in this corridor, in this barracks along here, in small apartment configurations on the top floor. Underneath are classrooms for the Miami Skills Center. In this area, there is a child care center on the first floor, apartments for families and children, to house some of the eighteen hundred children we've heard about here tonight. it'll he here on this floor. Single women barracks are located here, the single men are located in this area, with courtyards separating in between. By the way, each and every courtyard will have a separate barrier. We are prepared to honor, and will adhere to every single recommendation made to you by your staff. In this area here, in these buildings, we have a cafeteria that is also a teaching center for the Miami Skills Center, as is the 33 July 5, 1994 childcare center, as is the front desk operation, as are all of the classrooms. Security will be twenty-four hours a day. Gentlemen of the Commission, I would suggest to you that every single major city in the United States of America today, including our wonderful City of Miami, has an overwhelming and frustrating problem, that of homelessness. But there is not one city in the United States of America I know of today that has the enormous community commitment, combined with enormous public conunitrrrent that will have you be at the forefront of every major city in America, toward bringing humane and decent housing; and services. And consider the possibility that after tonight, you have put your city into the position where there will be no homeless people living; in the downtown streets of Miami. Thank you. (APPLAUSE) Mayor Clark: Thank you. Let's have your attention, please. Yes, sir. Mr. Bill Walker: My name is Bill Walker. I am appearing; here in my capacity as chairman of the board of directors of the Coalition for the Homeless of Central Florida, Inc., which operates a facility similar to that which is before you, in the City of Orlando. My residence address is 2171 Glencoe Road, Winterpark, Florida. Mayor Clark: All right, sir. Mr. Walker: With me is Jean Flauel (phoenetic), who is our executive vice president for operations, and following me as speaker will be Pete Gauntlet, from the Orlando Police Department. It would appear relevant, since each person's experience with homeless is unique to their own encounters, to their own reading;, and to that which they have been told. For us to appear and share some of the experiences which we have had as a fellow of a Florida City. I would state to you that our facility, which is located approximately ten blocks west of the heart of downtown Orlando is located in a mixed area of light industrial, intensive commercial. It's about six blocks south of our arena, and is located near one of our major exposition centers and a hotel, which - well, this may seern confusing; - is one of the Ornni-managed hotels. We are also in an area which is a mixed residential area. This residence has a variety of population, although the majority of that population is our black population that resides in our downtown area. About nine... Our facility has space to provide for up to seven hundred persons. Our typical occupancy in an open pavilion space, facility, is ,shout three -fifty at this time, in bad weather, and in severe cold, it rises to five hundred. Our enclosed facility for women and children primarily occupy - will host two hundred. About nine years ago, Orlando experienced the kind of traumas that Miami has experienced with numbers of homeless persons occupying the downtown area, at levels which were simply unacceptable to civic leadership. It was concluded after examining several models that the goal would be to induce community -related behavior by our homeless population through a combination of providing necessary services to this group with discipline., personal management, through case management services, to help support it, and to do so in a framework which enabled law enforcement to communicate effectively that there were expectations in our community concerning occupancy of personal spaces; specifically, that sleeping in parks, that urinating; on properties, that panhandling and other socially unattractive behavior would simply not be accepted, and there was an alternative, to wit, the coalition campus. I can only state that our program has worked. Not only has it worked for the community at large, but it has worked within the immediate neighborhood; one reason for which is that what is communicated to the residents through this program is that those residents are making as their home, for this time, this irnrnediate facility. There is no evidence in Orlando that by operating this facility, and congregating the horeless through the use of our campus that this has impacted us in a negative way, or impacted our neighborhood in a negative way. In fact, I would site that over recent months, starting about six months ago, we ceased the use in this facility of uniformed security personnel. This has... We first went to a weekend only approach, and then we went to no uniform security at all. A second instance. The outside of our facility, 34 July 5, 1994 which is on central boulevard, and as the name implies, one of the main streets in our City was painted by local artists in a mural, about a hundred and fifty feet long. Three months later, there is not the first mark on that mural. it is not guarded, and it is not protected. What is the message? The message is that persons are treated with respect and dignity, and the same is expected from them. Our program has met thee key issues of homeless persons. We provide for showers. That helps with cleanliness and public health. We provide storage facilities. That avoids the shopping cart syndrome, which was plaguing our downtown wren. We provide sound rest and security, and we prcwide a health clinic, which is being well received by the total community. I will close by simply noting that it has proven successful in other urban areas that when a facility provides a positive and respectful treatment for persons, and places reasonable expectations on those persons in response, that the problems of homelessness decline. They do not disappear. They decline, and they become manageable. It is our thought in Orlando that the issue is not whether a community will face homelessness, it's how the community will manage it. I thank you for your time, and welcome Pete Gauntlet. Mayor Clark: Thank you, sir. (APPLAUSE) Mr. Pete Gauntlet: Mr. Mayor and members of the Commission, my name is Lieutenant Pete Gauntlet, and I'm patrol commander with the Orlando Police Department. My business address is 100 South Hewey Avenue, in Orlando, Florida. I appear this evening before you, not as an advocate of any direction, but an advocate simply to set the facts straight, as what the success has been in Orlando. I was horn and raised in Orlando, and I've been a police officer there for fourteen years, and I can honestly say that the number one factor in Orlando's turning the tide on the homeless problem is the creation of the shelter in which we have in Orlando. There have been a number of people discussing; arrest statistics, crime reduction, and things that have gone on. And many of you on this Commission, as well as management and planners within the City of Orlando have come to Orlando and have seen our facility for yourself. Most of you have spoken with me, and some of you have even spoked with the Chief of Police, the Mayor, and some of the other very avid supporters of the program. The crime statistic issue [flat has come before this Commission on this issue, the information that Mr. Yaffa and some of the other people who have opposed this particular- plan have called the Police Department., they have asked for information, they have provided you some statistics. Those statistics that were brought forward this; evening, unfortunately, are a misrepresentation as to exactly what's happened there. The statistics that were provided to you this evening are not specifically for the residents at the coalition. This particular area that was reported is for nearly one half of our entire downtown area, in which you cannot point a finger, simply saying that the homeless shelter is the cause of one half of the crime within in an entire downtown area. If you look at the statistics, you will note at the bottom that the total number of statistical change is one half of one percent. That is the year after the coalition was constructed. From a law enforcement perspective, I can tell you, and the numbers that were brought forward, we saw a forty-one percent decrease in police calls for service involving; homeless complaints. Those complaints primarily came from residents, merchants, community people, who were complaining of the exact same things that you are hearing tonight, homeless people camping, sleeping, urinating, defecating, in City parks, panhandling on the streets, washing cars at intersections, those various things that generally cause a tremendous amount of frustration for public officials, based on the complaints. Prior to our coalition coming on line, our Orange County Public Library called the. Orlando Police Department no less than ten to twelve times a day, regarding complaints on homeless people. Since that time, we might respond there two times a week. That public library, prior to the center coming on line, was the sanctuary for homelessness. Now, we have a facility in which our community has come together in a partnership; the residential community, the Government community, the providers, as well as the police. Our Police Department has taken a very proactive stance in this, because we have seen a dramatic turnaround in our downtown area, in a 35 July 5, 1994 place that we can truly be very proud of. And one of the main functions and reasons because we're so proud of that is we have a facility now in which police officers, in lieu of having to make a custodial arrest, based on a City ordinance violation, in Orlando, we have that ability to enforce our ordinances, and I understand here that you do not, based on the court mandates currently over you. We can take those homeless people, if they are cooperative, and drop them off at the homeless center, in lieu of having to clog up our Orange. County Jails. Mr. Tom Allison, who is the director of our Orange County .fail System in Orlando and in Orange. County, was quoted several months ago as attributing the, fact that he. has vacancies in his jail because we have a center for hoallCICSS, and we no longer use our jail system as a homeless center, which it has been in the past, in many communities around the United States. And I will close to say that there are a slumber of factors which will turn the tide in homelessness. Enforcement is only one; services is one; and certainly, having some place to send people is the key element. They have to have a place over their heads. They have to have a place to shower, to use restroom facilities, and all those various filings come into play, reduce the number of complaints that come in, not only to the Police Department, but to the cities, in general. And the statistics in Orlando have Shown that our center has been the number one factor of us being able to turn the tide on the homelessness. Thank you. Mayor Clark: Thank you, sir. (APPLAUSE) Commissioner Plummer: Mr. Mayor, may I inquire? Mayor Clark: Surely. Commissioner Plummer: Lieutenant, are you going to be around? Mayor Clark: Lieutenant? Commissioner Plummer: Are you going to be around till the end of the hearing? Mayor Clark: That's Commissioner Plummer. Commissioner Plummer: Are you going to be around till the end of the hearing? Lt. Gauntlet: As quickly as we can. We do have a plane to catch at ten o'clock. Commissioner Plummer: Because I have a lot of questions to ask of you, please. Mayor Clark: OK. Go ahead. Dr. Pedro Jose Greer, Jr.: My name is Pedro Jose Greer, Jr. They call me "Joe." My home address is 1223 Capris, in Coral Gables. I've worked my entire professional life in the City of Miami. My business address is 1150 Northwest 14th Street, and also, two other... That's my private office, and two other clinics within the City of Miami; one on 708 Northeast 1st Avenue; and the other one on Flagler and l 3th. Mayor Clark: Yes, doctor. Go ahead. Dr. Greer: Thank you. Thank you, Mayor and Commissioners. Since we started working with the homeless since 1984, the numbers of patients we've seen have gone from five hundred patients in 1984 to, in the City of Miami where we have our main clinic, to twenty-nine thousand last year, and thirty thousand patients so far this year, which would probably double the 36 July 5, 1994 numbers. As I drive to my office down 14th Street to do that kind of work, you see the increasing numbers in Overtown of homeless people under bridges, and residential areas. With the Homeless Trust that was created a year ago... And on the primary care and planning committee of which i sit, and I co-chair with Sister Jean, we have now approved two point one million dollars to the expansion of the primary care center, so these individuals that go through the Homeless Assistance: Venter will have a place to stay. 'That's a hundred and eighty-two beds in nine programs, two thirds of which set outside the City of Miami, and the expansion of programs that already exist. Apart from that, very few times in any society are we confronted with such an immense social problem and concomitantly, a plan that can help deal with the problem in a compassionate way, and also being a Miamian think, competitive, having the hest program that exists in this country. Rarely do we have. the opportunity to turn around and help those in need, as we can with this plan. The importance of creating this shelter is the first step in a long plan that goes through three steps to get people hack to work. And as opposed to what was said earlier, the monies that have been collected by the taxes have already been allocated, as well as in the. short-term dollars, the two point one million dollars I spoke about, and the expansion of the existing shelters, so that people have a place to go. I know that from a medical perspective, unless we do something to create shelters and house people, that the amount of disease that exists out there, just by exposure to the elements, and from poverty itself will be overwhelming, and something that no City or no County can manage. I hope you all vote yes on this issue, for the importance of what it is for our community and our citizens. Thank you. Mayor Clark: Thank you, thank you, Doctor. Thank you very much. (APPLAUSE) Mr. Robert Zoeller: Mayor Clark, Commissioners of the City of Miami, my name is Robert Zoeller, and I am the property manager for the Omni International Complex located at 1601 Biscayne Boulevard, in Miami, Florida. I am also Bob Zoeller, twenty-five years resident of Dade County. I live at 544 Northeast 108th Street. I am speaking for the development of the Homeless Assistance Center to be located at 1500 Miami Avenue, because I cannot he against it. I've had the opportunity to read all of the materials that you have before you, and quite frankly, we think this is the hest idea that's come down the pipe in a very, very long time. It is time that we made a decision. And oftentimes, these decisions are tough to make and they are not popular. Believe me, I'm right in the middle of it, but I cannot be against this. Decisions oftentimes are made by us, and we have to make these tough decisions, and I ask you tonight to really dig down deep and make this right decision. One of the last points that I do want to leave with you is that Fin ready to volunteer for any capacity, whatsoever, that this Homeless Assistance. Center will have me do. For example, the Neighborhood Advisory Group, I've 1 already volunteered, and I will he accepted. OK, it's together. It's the public and the private t working together, and we got to make this thing work. Mr. Mayor, this thing will work. Let's give it a chance. You've got a lot of people behind you, I know we have the public, and this is going to be the hest thing that ever happened for the Omni/Venetia area. Thank you. Mayor Clark: Thank you very much. Thank you. Mr. Alfredo Hidalgo-Gato: Mayor Clark and Commissioners, my name is Alfredo Hidalgo- Gato, and I reside at 1717 North Bayshore Drive, the Grand Condominiums. I am a member of the Treasury of the Metro -Dade Community Relations Board, and I am here before you tonight to ask you to do the right thing and permit the Homeless Assistance Center to open its doors as soon as possible. Our City needs cleaning, our area needs cleaning, and this center will do just that. But more important, there are people out there that need our help to get their lives together. It does not make any sense to begin with this concept outside the immediate problem area when the homeless traditionally congregate in the downtown section of all major American cities. I feel so strongly that this is the hest solution that I volunteer the services of my business, which is 37 . July 5, 1994 World International Security, also in the City of Miami, to conduct a security survey of the proposed site. That survey is being prepared at this time. 1 cannot understand the opposition, an opposition that lives in the precinct, that only cast one hundred and eleven votes in the last City election. Based on these numbers, very few residents of this area are even in the least bit concerned with thee future of our City, with the exception of Mr. Yaffa, that's always been there, and has always been involved. Please do not delay this any further, and approve the site tonight. Thank you for your attention. Mayor Clark: Thank you, sir. (APPLAUSE) Rabbi Solomon Schiff: Good evening, Mayor Clark, and Honorable members of the City of Miami Commission. My name is Rabbi Solomon Schiff. I reside at 2443 Meridian Avenue, Miami Beach. The entire thirty-six years I have lived in this area, I have worked in the City of Miami; eleven years at 500 Southwest 17th Avenue, and since then, at 4200 Biscayne Boulevard. Because of my involvement with the Governor's Commission on the Homeless, and as a member of the Dade County Homeless Trust, I come before you tonight to urge you to consider favorably the Community Partnership for the Homeless, as they attempt to address the homeless problem in our community, and in our City, by voting to create the first Homeless Assistance Center, at 15.50 North Miami Avenue. I'm also here to speak for Temple Israel, which is located on Northeast 19th Street, just nearby the Homeless Center. Temple Israel voted unanimously to approve this center. Rabbi Rex Perimeter, the spiritual leader, would have been here tonight, but was unable to attend. This has been considered a difficult decision. Unfortunately, there are no easy answers. But one thing is certain, and that is, tonight, when we return to our homes and climb into our beds, hundreds of children, their mothers, and fathers will board houses. There is not a more important issue that you wi sleep under bridges and in cardll vote for, that you will vote on, than this one. For if you vote against this center and say, thereby, to these unfortunate people, "You cannot live among us," and other groups likewise say to them, "You cannot live among us," you will be saying, in effect, "You cannot live. You cannot live in dignity, you cannot live in hope, and you cannot live in pride." You will condemn them to a life of misery and agony. I don't think that this represents the spirit of Miami. The spirit of Miami, in its, close to one hundred years, is a very proud one, based on a commitment to social justice and human compassion. The question that each generation has to answer, the question first asked in the early pages of the Bible is, "Am I my brother's keeper?" i appeal to you to give a resounding affirmative answer, "We are our brother's keeper. We care for our brothers and our sisters." I urge you to show compassion to the homeless, and allow them the opportunity to live i in dignity, give them a reason to hope, and enable them to realize their dream for a brighter future. I urge you to approve the Homeless Assistance Center. Thank you. Mayor Clark: Thank you, Rabbi. (APPLAUSE) Rev. Clara Awamy: Good evening, Mr. Mayor, Commissioners. I'm Reverend Clara Awamy with Our House, A Time for Change. It's a program in restoration. I live at 17241 Northwest 52 Avenue in Miami. I'm here to represent the South Florida Homeless Interfaith Coalition. Our coalition is comprised of various religious organizations united in our efforts to end homelessness. The South Florida Homeless Interfaith Coalition feels that the Homeless Assistance Center is a temporary means to a permanent solution, and it is the moral thing to do. We strongly support the Homeless Assistance Center, because we feel it is the right step, in the right direction, at the right place, at the right time, to deal with the issue of homelessness in Miami. Thank you. 38 July 5, 1994 i Mayor Clark: Thank you, ma'am. (APPLAUSE) Rev. Michael Awarny: Commissioners, I am Reverend Michael Awamy. I am the husband of Mrs. Clara Awamy. And I stand before you as a former homeless drug; addict in the '70s in the City of Miarni. I knew, firsthand, that your self-esteem and self' -worth is at a minimum, if you have any at all, when you're homeless, and someone who was a stranger to me, like most of us are a stranger to these homeless people, offered me help. And I stand here as a living; testimony that that help brought me back to myself, to my family, to my community. The key is to be where the problem is, to he where the homeless are, to restore. hope, to take the pressure off so they can deal with the immediate problem. We are in the right place, and it is the right time. Thank you. Mayor Clark: Thank you, Reverend. Thank you. (APPLAUSE) Mr. William Delgado: Good evening, Mayor Clark and the City Commissioners. My name is William Delgado. I represent the Latin Builders' Association. My address is 782 Northwest LeJeune Road. My home address is 10719 Southwest. 148th Court. The Latin Builders' Association urges the Miami City Commission to approve the proposed siting of the Homeless Assistance Center at 1550 North Miami Avenue. Decent housing is at the heart of the American drearn. What the Community Partnership for the Homeless propose to do at this site is the beginning of way home for those in our community who need help the most. As provider of housing to hundreds of families throughout Miarni and the entire County, the Latin Builders wholeheartedly support this proposed center. This is only the first phase of the Dade County Community Homeless Plan, which hopes to provide long; term help that has been long needed. The aim of this plan contemplates decent, affordable housing; for these unfortunate individuals and families. Getting the homeless off the street will be a benefit for the development of Miami and Dade County. We as an industry, need to see the problem of the homeless addressed. Please support the siting; of the Community Partnership for Homeless, Homeless Assistance Center, at 1550 North Miami Avenue. Thank you very much. Mayor Clark: Thank you, sir. (APPLAUSE) Mr. Robert McKinney: Good evening, Mr. Mayor and Mr. Vice Mayor. My name is Robert McKinney. I reside at 901 Northwest 49th Street in the City of Miami. I'm here this evening before you as the president of the Overtown Advisory Board. Overtown Advisory Board, having its scope and purpose most recently expanded to all areas affecting; and impacting the Overtown area. Surely, the Homeless Assistance Center proposed at 1550 North Miami Avenue will impact the Overtown area. But I'm really here to report what the Overtown Advisory Board did, and why they did it. At the fast monthly meeting - I think, on the 16th of June - a representative of the Community Partnership for the Homeless made a presentation. At that presentation... After that presentation, the Overtown Advisory Board voted eight to zero in favor of the location at 1550 North Miami Avenue. That is unanimous, a unanimous vote by the Overtown Advisory Board. (APPLAUSE) Mr. McKinney: I want to say to you, as briefly as I can - because I understand that time here is running out - why we did it. The main reason why we did it, because of the shanty town at Northwest 14th Street and 3rd Avenue. 39 July 5, 1994 Mayor Clark: That's right. Mr. McKinney: Most of the meetings that I've chaired over the last couple of years involving the Overtown Advisory Board, we always said we didn't have a homeless problem. No, we did not have a homeless problem until such time as persons were moved from what has been romanticized as the "mud flats" and also Bicentennial Park into the heart of our area. You have to understand, l4th Street and 3rd Avenue is like Miami Avenue and Flagler Street, in downtown Miami. Now, that would not happen any place. in America, to have that type of shanty town in the middle of one community. And that's what we... the number one reason why the Overtown Advisory Board voted for this location. I'll(., other reason why - as you may have received - there was a resolution passed by the. Overtown Advisory Board. And I don't want to reada!! of that resolution passed by the Overtown Advisory Board, but in part, it says: "whereas, the Community Partnership for the homeless has indicated that the homeless people in the Overtown area will be given priority anti will be the first people who will he provided with services, according to the conditions of the program. Now, therefore, thc° Overtown Advisory Board recommends to the City of Miami that the site at 1550 North Miami Avenue he accepted as a proposed homeless Assistance Center." The third reason being, at our Community Development Block Grant meetings, hack in December of 1993, when the horneless issue was addressed, one of' the locations that was considered for a homeless facility is located at 41 Northwest 14th Street. That is approximately a block and a half frorn this present location. The reason why we did it, because most definitely, the shanty town has to he removed from 14th and 3rd. Number two reason being that we have a guarantee from the Community Partnership for the Homeless that, in fact, the people in the Overtown area would he dealt with first of priority, and thirdly, we looked at a facility which is less than a hundred yards from where this one is proposed. Thank you very much. Mayor Clark: Thank you, sir. (APPLAUSE) Mayor Clark: Yes, ma'am. Ms. Diane Paschal: Mayor Clark, Vice Mayor Dawkins, City Commissioners. My name is Mrs. Diane Paschal; address, 8851 Northwest 4th Street, Pembroke Pines, Florida, Broward County. I am the very proud Principal of Phillis Wheatley Elementary, located at 1801 Northwest Phillis Wheatley Place. This evening, I come to you on behalf of my students at Phillis Wheatley Elementary, and those students that attend the Miami Jackson feeder pattern schools. That feeder consists of ten elementary schools, two middle, and one senior high. After numerous meetings with the Principals from those schools, we unanimously voted to support the building of the Homeless Assistance Center. (APPLAUSE) Ms. Paschal: You see, Commissioners, many of our students and their families attend that our feeder pattern schools become transient due to economic and social reasons. As a result, many of our students are displaced from their homes, missing as many as three months of school. They end up under the bridge on 14th and 3rd Avenue. We have referred to them this evening as "mud flats." You have heard the statistics this evening. Eighteen hundred students. Forget the adults. I'm concentrating this evening on the students. Recently, I polled the Principals from Douglas and Dunbar. After our meeting, ten families from three elementary schools were living in the "mud flats" on 14th and 3rd Avenue. Commissioners, that's ten too many for me. With all the fine programs that we have in the Dade County Public Schools, teachers, nor the administrators can better our test scores academics of these children if they cannot obtain 40 July 5, 1994 schools. And what do I mean? Living in the "mud flats," these children have no running water, no lights, and are able to get hot meals for dinner and on weekends, because we provide them with a hot breakfast and lunch on a daily basis. And then you wonder why Johnny can't read. Because of such unsanitary conditions, many of our children come to school with ringworms, scabies, and impetigo - all very contagious. Once these conditions have heen diagnosed, they must be treated before they are allowed back into schools. I've listened to many of the. concerns this evening. The surrounding hUSineSSeS, the development in the area, but I'm here to tell you, as a Principal, as an educator in the OVertowrl community, let's develop the boys and girls and a better future for them. Thank you very much. Mayor Clark: Thank you very much. (APPLAUSE) Dr. Evalina Beshnan: Mayor Clark, Vice Mayor Dawkins and Commissioners, my name is Evalina Bestman. I'm cochairman of the Community Partnership. 1 live at 1417 Northeast 123rd Street. I'm a property owner in Allapattah and Overtown communities. And I work in the City of Miami. It is with a deep sense of humility that come before you this evening to speak of support of the location of the Homeless Assistance Center. 'Phis hearing is not a "shootout at the OK Carral", even though this may he the appearance. All of us in here, regardless of which side we speak on tonight, are concerned with the hopeless problem. Many of us, including this Commission, City Administrators and staff have heen searching fora resolution to a very serious homeless prohlern within the City. I am aware that you have a difficult decision to make this evening, and whichever way you may vote, someone is going to he displeased. Of course, I am hoping that I won't be the one. Be that as it may, I want to have my say before you in hopes that E if you are inclined to say yes, you might maintain your affirmative position, and if you are inclined to say no, you might reconsider and vote in the affirmative. 'The majority of the homeless individuals in the City of Miami are of African -American heritage, and my brothers and sisters, none of the homeless deserve to live on the highways and byways of this great City. The Overtown and downtown communities do not deserve the current situation of homeless persons living in their front and hack yards, and we, at the Homeless Assistance Center, want to take the homeless out of our yards. Our children do not deserve to continue to live in below substandard conditions on the streets, nor to pass the homeless encampments and accept them as a normal way of life for people in our community. It is reprehensible that we can clear the thoroughfare of Biscayne Boulevard of homeless encampments but the thoroughfare at 14th street of Overtown continues to grow with homeless encampments. It serves as a blight on our community and as one who proudly wears a "horn in Overtown" shirt, and as Overtown and Allapattah properties owner, I am incensed that we can clean up Biscayne, but we can't clean up Overtown. It is easy to say no, but what other plan do we have to seriously address the homeless problems? I implore you to give Dade County plan a chance to work. It is time for our words of caring to be shown through our action of giving the City's homeless citizens, who have chosen to live in the City of Miami, hopes which can meet zoning and building codes to replace the ones that they have built under the expressways because we have not offered them better. Our plan calls for an assistance center which can serve as a doorway to the smaller transitional residences and permanent housing for all the hopeless, including the disabled. Miami has the reputation of being on the cutting edge of all the leading industries. So goes Miami, so goes the nation. You know that we do our own thing in Miami, and so it is with the shelter. This shelter will serve as a national model. We're going to show the nation that what New York, Washington, D.C., Portland, Oregon, San Francisco and Las Angeles could not do, Miami can. So City Commissioners, I implore you to go for it. Vote yes. Mayor Clark: Thank you, Evalina. Thank you. (APPLAUSE) - - - 41 _ July -5, 1994 Mayor Clark: Yes, sir. Mr. Ray Goode: Mr. Mayor, I am Ray Geode. I live on 146th Terrace South Dade. I'm speaking; not only for myself, but for Tony Burnes, who has agreed to chair the committee that is intending to raise forty-five million dollars in private sector funds as the private sector share of building the Performing Arts Center, just a few blocks from this site. To say it very succinctly, we believe that the homeless deserve to he treated with dignity and in a setting that takes them in just as they are, and processes them into a batter quality of life, but at the same time, our residents who will attend performances at the Performing; Arts Center deserve to be free of the negative side effects of what I would just call as unstructured street living:. We realize that this Homeless Assistance Center will he just a few blocks from the proposed Performing Arts Center, yet we fully support that location. And hased on the Orlando experience, again, we know it will work. We have testimony from the. Manager of the Bob Carr Performing; Arts Center of Orlando, five blocks away. He says, "We see no evidence that the siting of that center in Orlando has caused any problem for us." So we urge the Commission, on behalf of all of us who are out trying; to raise the forty-five million dollars, and we believe we will, and we believe this Homeless Assistance Center is a very important part of our ability to raise the money. Thank you. Mayor Clark: Thank you, Mr. Goode. Thank you. (APPLAUSE) Mayor Clark: Mr. Price, Mr. Price, you have about sixteen minutes left, so ,you use it wisely. Mr. Sergio Rok: Mayor, members of the Commission, my name is Sergio Rok. I reside at 1916 North Oakhaven Circle. Let me first real quickly just read a letter that my father has written. I think you all have a copy of it. "As a major property owner in downtown Miami, I feel it is my obligation to ask that you help our community in addressing, and dealing with the issue of the homeless in our area, and that you support for the proposed site, at 1550 North Miami Avenue, for the Homeless Assistance Center. We recognize the importance of this type of facility, so we can help the homeless population in Miami, which is in desperate need of us in assistance. It is time for us to work together to alleviate the burden of the homeless in this community. We cannot afford to wait like we have been, to give the homeless the assistance they need and deserve, which, in turn, will help keep them off the streets. 1 urge you to support our efforts and approve the proposed site for the Homeless Assistance Center. The homeless population needs your help, and so do we." Let me close by saying that my father and I hope you will do the right thing in approving this site, as this would be the first step in a long process in helping the homeless population. Mayor Clark: Thank you, sir. (APPLAUSE) Mr. Armando Codina: Mr. Mayor, members of the Commission, Mr. Manager, my name is Armando Codina. I reside in Coral Gables, but I'm here as a property owner in the area. I own about three and a half acres right on Biscayne Boulevard, between 17th Terrace and 19th Street. Diagonally, we are across from Omni, directly across from Les Violins. I bought that property in 1982, at the height of the Omni success, from Biscayne Federal, to build a headquarter building for the now -defunct bank. Since that time, we have been looking at different potential developments for the site without any success. A concern has been expressed here about the 42 July 5, 1994 future development in the Omni area, should this shelter be built. 1 am here to tell you that, in my opinion, development will absolutely not take place if we ignore this problem, if we leave things status duo. As a matter of courtesy, before coming over here, I advised Citibank, our tenant in this property, of our decision to support the shelter. Citibank, I'm glad to report to you, concurred with our decision to come here today to support the shelter. The problem is there, and it will not go away. Building the shelter, in this case, especially given the existing circumstances, is right for development, and much more important, it's the right thing to do. Thank you. Mayor Clark: Thank you, sir. (APPLAUSE) Mr. Matthew Gissen: Members of the Commission, my name is Matthew Gissen, and I have a dual purpose of being here. I am a resident living at 1717 North Bayshore Drive in the Grand, and also my professional career for the last twenty-five years has been devoted within the City of Miami. The Partnership for the Homeless has put together a well thought out plan, they're capable of managing that plan, putting it into place. They are offering a full array of services, the services that the homeless population needs. The concerns that have been expressed to you today, I think, are ade(1uately taken care of by City of Miami departments who have conditionally approved the site and put certain conditions on the operations of the program. I think... I also could say the Omni area is like a daughter to me, but more importantly, my real daughter lives in the Grand. ill), son lives in the Gran, and I live in the. Grand, and I have absolutely no hesitation about the selected site being safe for my daughter, living in the Grand, and my son and myself living in the Grand. Now, on the other side, I operate a facility which has been defined as a facility for the homeless on 31st Street and Biscayne Boulevard called the Village South. I've been operating that facility for the past twenty-three years. In all of those years, there has never been any indication of any increase in crime in the neighborhood. To the contrary, crime has probably decreased. We don't have any people hanging around the neighborhood looking to get into the facility. Anybody that's there is in the facility, being well taken care of. I think that by virtue of the fact that we have forty children living in our facility on 31st and Biscayne, forty youngsters between the ages of new horn and five years of age, indicates I have no concern for their safety, and we've never had a problem in twenty-three years at that location. We're a good neighbor. The appellants have seen fit to bring forth fears, concerns without any substantiation. On the other hand, you've heard the factual circumstances on behalf of the Partnership for the Homeless; the crime issue, the economic values, the opera house will be built, the symphony hall will he built, the development will take place. If the shelter is not there, my concerns are that other development will not take place. And I hope you will support the shelter being sited. Thank you. Mayor Clark: Thank you, sir. (APPLAUSE) Ms. Annette Eisenberg: My name is Annette Eisenberg. I live at 1180 Northeast 86th Street, in the City of Miarni, since 1950. I'd like to direct this to Phil and the Commissioners. There is no way the projects included in Phil Yaffa's papers are at risk. Marty Fine wrote part of those papers, and Marty Fine is in favor of the shelter in this area. The propaganda you were given is just plain foolish, as well as this piece that was put in my door on Northeast 86th Street. Quickly, I also represent Inter Expo that's going to he doing file International Trade Mart in the Omni on the fourth and perhaps the fifth floor of the Jordan Marsh. They endorse this project. (APPLAUSE) 43 July 5, 1994 Mr. Cleveland Bell: Mr. Mayor and Commissioners, my name is Cleveland Bell. I live at 928 Northwest 47th Street. Today, I'm here with a great hit of joy, because before us lies a great opportunity. At one time in my life when I was out of control, the people of the City of Miami said something needed to happen to bring some order into my life, and so they put me in jail. It was in jail that I began to give some thought to maybe there was a better way to live, and as a result, I've met some people that have told rile about Miami -Dade Community College. And after graduating from Miami -Dade Conlnlunity College, someone. told me that FIU (Florida International University) had a program that could take me, so I went and I got my degree in Music. From there, I went into... became executive director of Riverside House, which is a ninety -bed residential facility. And i just want you to know today that you... We have in our midst one of the greatest opportunities to make a statement for the homeless, and I plead for you to give us your support. (APPLAUSE) Mayor Clark: You've got seven minutes, that's all. Mr. Theodist Grimes: Goad evening, Mayor Clark, Vice Mayor Miller Dawkins. My name is Theo Grimes. I'm presently living at 431 Northwest 59th Street, in Miami. In addition, I'm a former homeless person. I was barn and raised in the Culmer/Overtown area. I grew up in the streets of Overtown, playing in the parks and recreational... participating in recreational activities in the community. It was then when I became exposed to very other activities that took place. At an early age, I was exposed to drugs, homelessness and other negative characteristics. I find the development of this facility to be a positive community development for the Overtown area as a whole. Our primary focus will he directed in the large homeless population in the Overtown area. There has been an enormous amount of effort to cultivate contact through outreach teams. Our outreach teams has worked daily, day in and day out, assuring those people who's in great needs of the various services the development has to offer. I urge you to support our efforts to make this facility a reality. Please, please, please, help us to help those help themselves. Thank you. Mayor Clark: Thank you. (APPLAUSE) Mr. Alvah Chapman: Mayor Clark, Vice Mayor Dawkins, and members of the Commission, my name is Alvah Chapman. I live at 1690 South Bayshore Lane, in the City of Miami. As your last speaker, I'd like to thank you for your patience. in addition, I'd like to thank each of you for your leadership and your commitment, demonstrated over many years, to building a greater Miami. You will soon he making one of the most critical decisions of your career in Government. You have heard this community speak with eloquence and logic, favoring approval of this vital step to serve the homeless, as well as serve our total community. As Archbishop McCarthy, Rabbi Schiff and Reverend Awamy have said, your approval travels on the moral high road. The City Administration supports this approval, as you've heard reports from your City Planning and Zoning Department. And this plan will assist the City in disentangling itself from the Federal lawsuit before ,fudge Adkins. And despite one lonely voice saying otherwise, the business community believes the Homeless Assistance Center will stimulate the redevelopment of downtown. After extensive discussion, the Greater Miami Chamber of Commerce, with seven thousand members, voted overwhelmingly to support this site. Who, better than this Chamber, better understands the economic realities of homeless on the streets versus an attractive facility, which you've seen here, and which these people can start to return to society? And the business community, and the individuals, and the foundations of this community have spoken with nine million dollars in private commitments to fund this plan that Alex Penelas has described earlier this evening. Key business leaders who would be 44 July 5, 1994 neighbors of the center, including Bob Zoeller, manager of the Omni; Rick Hancock, manager of the Marriott; major property owners like Armando Codina, Naton Rok; Allen Morris; Jim Battner (phonetic) of Knight-Ridder; Carlos Palomeros (phonetic.) of Citibank and Juan Grau of Bacardi have all weighed in with strong support. And after a two-hour discussion and debate, the Performing Arts Trust voted unanimously not to oppose. And 'Tony Barnes (phonetic), who must raise the forty-five million dollars in private funds for the Performing Arts Center has said his job will be made easier if we do this than if we do not do it. And your fellow elected officials, Ales Penclas, Janct McAhley, State Senators William 'Turner, Daryl Jones, and Representative Mike. Abrams and Miguel de Grandy also strongly urge your support. In a poll published Sunday. May 22nd, conducted by Stroth (phonetic) and Associates, and sponsored by a group of Florida newspapers, helping the homeless was listed as a critical concern of South Floridians. This poll showed that South Floridians were more concerned about helping the homeless, thirty-six percent of them, than building new prisons, thirty-one percent, or building roads, twenty-four percent. And the same level of concern is holding the line on taxes, which is thirty-six percent. Recognition of this strong concern by the people of our community prompted the Dade Legislative Delegation and the Metro -Dade Commission to vote unanimously in support of the plan, which calls for three homeless assistance centers. And the Dade Public School Board voted seven to zero, Nftcr two puhhC hearings, to approve a lease on this site. In my thirty-four years as a resident of this City, I do not recall local media tieing so united on a complex local question. They understand these same broad concerns expressed by the people to deal positively with the homeless in our community. Specific editorials favoring your approval have appeared in the Miami Times, Diario I.,as Americas, the Miami Herald, and on Channel 10. Briefly quoting from those editorials, the Miami Times said, "The City Commission should allow this plan to move. forward." Diario Las Americas, on June 28, says "Diario L-as Americas recommends to the City of Miami Commission that it uphold the decision of the Zoning Board." The Miami Herald editorialized on June 27 and two subsequent times, "Commissioners need to let the project go forward." And John Garwood, general manager of Channel 10, in his editorial on June 27, said "Channel 10 calls on Mayor Clark and every Commissioner to ratify the Zoning Board's prior approval." And the neighbors, who, today, are living with poor homeless people on the street, in their front yards, or husiness doorways strongly urge your approval. You heard Chairman Robert McKinney of the Overtown Advisory Board, which voted unanimously its support. The Park West Civic Association urges your approval. The Bay Point Property Owners' Association, Venetian Islands Improvement Association, the Board of Trustees of Temple Israel, the First United Methodist Church of Miami, the People Acting for a Community Together - the. PACT organiz;rtion - they're here in large numbers tonight, the Brickell Area Associates, and the Miami -Dade Branch of the NAACP (National Association for the Advancement of Colored People) voted to support this site. And perhaps the most eloquent voice of all was Principal Diane Paschal of Phillis Wheatley School, whose elementary school students walk by the Overtown encampment, which is one of our nation's worst, on a daily basis. I made a personal commitment to her and to Mr. Robert McKinney that this Overtown encampment will be the first to go, and the first to becorne history. And if for no other reason, I urge you to vote approval so that our community can support the Cleveland Bells and the Theo Grimeses who are before you as examples of formerly homeless who have reclaimed their lives. And keep in mind that thirty percent or more of the homeless who will sleep on this City's sidewalks tonight are veterans, and who have already served our nation with distinction. Some future day, when the history of Miami is written, July 5, 1994, will be a time ot'significance. I believe that it will he written that on that date, Miami, under the leadership of five courageous Commissioners, took an historic step in helping our community deal with one of its most grievous and complex problems of the twentieth century. Thank you for your help, and God bless each one of you. Mayor Clark: Thank you, Mr. Chapman. (APPLAUSE) _45 ..July.5, 19:94 10�r e Mayor Clark: No more. Tile time has expired, sorry. I'm sorry, sir. Time... Commissioner Plummer: Mr. Mayor, I would ask if it's possible, since the Orlando policeman has to leave and catch a plane, I have two questions only. Mayor Clark: Wait, just a moment, wait. Do you have to leave? Commissioner Plumme►: No, lie's got a planc to meet, so I would ask... Mayor Clark: Ask the questions right now of him. Mayor Clark: Is he still present"? The policeman from Orlando, is he still present? He had to leave? Was the gentleman... 'The other gentleman from Orlando that spoke here could possibly answer the same questions. Mayor Clark: That one, we got him, right here Commissioner Plummer: Well, if I will... Just for the record, there were two questions that I asked, and I don't know the answers. I'd like to know, Mr. Odio, if you know. Number one, are there any other facilities in or around the immediate area of this facility in Orlando? Mr. Odio: I don't know. Commissioner Plummer: You don't know? Mr. Odio: I don't know. Commissioner Plummer: Because I was told that there are none. Mr. Odio: I do not know. Commissioner Plummer: Number two, Mr. Odio, do you know what happens if a policeman in Orlando says to a homeless, "You go to the center," and he, nice and politely, tells him, "Ain't no way," what happens with this individual? Mr. Odio: What I learned for myself, that if a homeless in Miami, if he's committing an act that all of us would have an ability to perform in our homes, in public, and even though it's breaking the law for us, for a homeless person, that would not be breaking the law, because they have no alternative. In Orlando, if a homeless person urinates in public or any other necessities that he may have, as a person, to have, since they do have alternatives, they can he arrested. Commissioner Plummer: Now, would you answer my question. Mr. Odio: They can be arrested if they do not go to the homeless shelter. That's the answer to your question. Commissioner Plummer: In other words, simple refusal to go to the homeless center... Mr. Odio: No, I didn't say that. Commissioner Plummer: That's what I'm asking. Mr. Odio: If he's breaking a City ordinance. 46 Commissioner Plummer: Look, I understand anybody urinating on the street is subject to arrest. Mr. Odio: No, no. Commissioner Plummer: My question is, those who refuse to go to the homeless, do they just say, "OK, Charlie, that's it." Do they go to jail? I want to know what happens. I don't know. Mr. Odio: I want to tell you that. i tried to explain it the best way I could. If he's breaking a City ordinance, he can he arrested. Commissioner Plummer: OK. Only if he's breaking an ordinance. Mr. Odio: If he's just walking or sitting, no, he cannot be arrested, in this City or any other City. j Commissioner Plummer: OK. I think I understand your answer. Thank you. Mayor Clark: All right. You have seven minutes of rebuttal. (APPLAUSE) Mayor Clark: Please, folks. I'm trying to get some attention here. What is that? Mr. Shubin: I won't even need it, Mr. Mayor. This will be very brief. Mayor Clark: All right. Use as little as you can, then. Mr. Shubin: Admittedly, the citizens of the City of Miami, the residents of the City of Miami came out tonight and spoke in opposition of the Homeless Assistance Center, they cannot compete in a popularity contest with the blue ribbon panel that has been put before you today in the form of the applicant. That is not the issue. Mr. Price said that this is an issue regarding land use. This is an issue about what is in the hest interests of this community. This is an issue about the general welfare of this community. And I would simply ask you, in making the decision, to consider the interest of the residents and the citizens of the City of Miami who are concerned about the impact that this shelter Will have on their future economic development. And for the record, rather than getting into a lengthy debate with Mr. Price about the law, I will simply incorporate the legal argument that I made before the Zoning Appeals Board into this presentation. Thank you. Mayor Clark: Tile public hearing is now closed. This Commission is... I'm looking forward to the decision of this Commission. You've heard three hours of lengthy and deliberate testimonies. Let's... Commissioner Plummer: Mr. Mayor, I do have questions, sir. Mayor Clark: Please. Commissioner Plummer: To our City Attorney. Mr. City Attorney, has this plan, which has been surrendered to us here this evening, been surrendered to and approved by the Federal Court, that if this is approved, that we can start taking some of these other people out from places that they are not desirable at the present time? A. Quinn Jones, III, Esq. (City Attorney): Commissioner, I'm not aware that it's been even submitted to the Court. More importantly, I'm not even sure that it's even necessary for it to be 47 July 5, 1994 approved by the Court. Certainly, I think it would be in the City's best interests to demonstrate to the Court that the City is moving in a direction that's constant with the directive or the directives that the Court has set forth. But I'm not aware of anything that would necessarily require Court approval, or necessarily that it has been submitted for approval. Commissioner Plummer: No. My question, basically, was, as you will recall, any time that we've tried to move some of the homeless in the past, we had to go to Court to get approval, to make sure, according to the Court, tlzey were provided for, monies were provided for, homes were provided for. Is this going to accomplish anything in that area, to your knowledge, if it has not been surrendered to the Federal Court for approval? Mr. Jones: Well, I would say... Mr. Odio: I'm paid to answer that, if I may. Mr. Jones: Go ahead. Commissioner Plummer: OK. Whoever can. Mr. Odio: In the last few months, in fact, I think for the last six months, we have been providing alternatives, we have not gene to court. We simply follow the Judge's orders from the Federal Court. If we provide an alternative, then we can remove them from wherever they're living. Commissioner Plummer: All right. You're getting right to the hone of the subject. If this is an alternative, we're not providing it, but if this is provided, can we use that as credit against some of the other homeless in the downtown area that are presently there? Mr. Odio: Yes. Commissioner Plummer: OK. My next question. I read with interest the things from Orlando, and I notice that in this thing that they use off -duty policemen or off -duty correctional officers, paid for by the Trust; not security guards, but off -duty policemen or off -duty corrections officers. Is that going to be done here and, if so, are the funds provided for that? Mr. Odio: It is your prerogative as... Our conditions state they must have twenty-four hours security inside and out. It is your prerogative, before you vote, to add more conditions. I would support the idea that they pay Miami police officers to be there. Commissioner Plummer: Well, I don't have any problem with that at all, Mr. Manager. Mr. Mayor, I have some concluding statements with my vote. Mayor Clark: All right. Commissioner Plummer: Thank you. Commissioner Gort: Mr. Mayor. Mayor Clark: Yes, sir, Mr. Gort. Commissioner Gort: This homeless problem is one that I faced back in 1982, and a lot of people have been working on it and trying to do something about it. Unfortunately, nothing has been done in the past. This is the first time that I've seen a plan that comes out with all the solutions. At that time, as I recall, the Coalition for the Homeless that was formed out of the DMBA (Downtown Miami Business Association) stated that they needed an intake place, where they 48 July 5, 1994 r have case management, where they do, analyze these individuals, and take a decision according to these individuals. So far, I haven't seen any other solutions. i think this is a plan that I would be in favor of, of course, with some conditions that i have here. Besides all the conditions the Zoning Board placed in here, I have some conditions, myself. As i can see, the biggest fear that we have... See., right now, the problem that we have, we can't do anything with it. I remember the Omni area, there. was no development taking place. People would not go there. People would not take they expressway heCallSe of windshield wipers being in there. I've lived in Allapattah for thirty-two years. I've heen there thirty-two years. My neighborhood has gotten worse. I'm seeing more homeless now than befrre. 'They're walking all over there controlling the neighborhoods now. We treed to do something. We need to pick these people up. And believe me, this might not be very popular, but if you're ready, I'm ready for a motion, or I'll wait until the other Commissioners speak. Mayor Clark: You have anything to say, Mr. Dawkins? (APPLAUSE) Mayor Clark: Mr. Dawkins? Vice Mayor Dawkins: Yeah, I have. First, I have to preface my statement by saying years ago, when Miller Dawkins said, put a fence around Camillus House, the media raked Miller Dawkins over the coal. Today, this is nothing but a wall where they are putting people inside a wall. That's number one. Number two, what I say here when I used Mr. Chapman's name, I'm not referring to Mr. Alvah Chapman, I'm referring to the homeless situation. Would you put that... OIL. You know, isn't it amazing that those who do not want the homeless in their neighborhood point the finger and say the City of Miami Commission is heartless, insensitive and are also cowards. All of them say that the City of Miami does nothing to provide service to the homeless, the needy and others. Let me list for you the service providers that are located in the City of Miarni, because this has to do with land use, not emotions. As Mr. Price said, "What is the better use for the land?" That's where you go into court, that's what you're going to win on in court. So don't worry about your emotions. UK. The Federal Government has thirty-seven facilities that provide service in the City of Miami. Exempted taxes: sixty -tour million, three thousand, one hundred and ninety-one dollars. The State Government has six facilities that provide services in the City of Miami. Exempted taxes: thirty-seven million, six hundred and ninety-four dollars. Dade County has two hundred and sixty-three facilities located in the City of Miami. Exempted taxes: five hundred thirty million, six hundred seventy-six thousand, six hundred and forty-two dollars. The School Board has one hundred and twenty-four facilities located within the City of Miami. Exempted taxes: one hundred seventy-eight million, five hundred and twenty-eight dollars. If you look on the map over there, you will see all of the homeless centers and other service centers located in the City of Miami. In the middle of it, you will see a blue "X". The blue "X" is where they are desirous of putting this shelter. But if you'll look around it, you'll see the Camillus House, you'll see the Salvation Army, you'll see Miami Rescue Mission. All of these are located in the City of Miami. The media reports indicate that some persons residing outside the City, the Community Partnership for the Homeless, Inc., the Courts and the ACLU (American Civil Liberties Union) are of the opinion that those of us residing in the City of Miami who pay taxes that fund the police, fire, sanitation, parks, recreation and public works services have no constitutional rights to say what should or should not happen in the City of Miami that is for the good and welfare of all citizens of the City of Miami. Those same individuals want at least a minimum of eighty-five percent of homeless to be housed in the. City of Miami. I do not understand haw the same people, now, are not being honest about how concerned they are to provide health care to homeless. Why spend three million dollars to construct a health care center that may be two years in the future, when you could give Dr. Greer one point five million to upgrade facilities, updating delivery of services by purchasing new technology, and perhaps the hiring of one or two additional staff? 49 July 5, 1994 (APPLAUSE) Vice Mayer Dawkins: Perhaps it is more self-serving to say the City of Miami will not permit us to build a health care facility to serve the homeless. Historically, we, the Commission, premised residents of Miami that we would rectify the evil decay and destruction caused to the Overtown area by urban renewal, construction of I-95, I-395, and construction of the Metrorail. Over the years, there has been talk, promises, studies and planning, but not much action. Urban renewal was to reduce blight and decay, which was the product of years of neglect in the area. The results, the displacing of many persons, and the production of more blight than was there before. Along came 1-95 and I-395, the displacing of' more homeowners, businesses and more people. Plus I-95 made many streets in Ovei"lawn become harricades hccaUSC of the streets dead -ending at I-95, and you having to go north or south to continue, cast and west. The Metrorail, again, the displacing; of the homeowners. Not one person here today has ever come before the Commission to take a positive, continuous position to say that they are committed to the revitalization of Overtown, but you find it very convenient to speak for a homeless shelter, which, by every indication... (APPLAUSE) Vice Mayor Dawkins: ... which will, by every indication, continue the decay in Overtown. It is the same old syndrome, "In the City of Miami, but not in my neighborhood." Most of you have forgotten that the bond issue passed to get the money to purchase land from Bicentennial Park, it was passed by convincing Overtown residents to vote favorably, because the park would be constructed, and you can use this park, because it will he - get this - "in Overtown's backyard." The park has never been of service to Overtown, and the City of Miami has given Bicentennial Park to the County for two million dollars, plus other mathematical deductions, yet the County will get internal revenue from new use of the park. Another example of what others think of the City of Miami residents. City residents voted fora billion dollar bond issue capital improvement program. The School Board has raised school millage twice since the bond issue was passed. The media reports that Dade County will establish developmental labs for children of refugees and other immigrants. Either new buildings will he built, or space will he leased. What happens? Residents of the City of Miami will pay part of the cost. Yet, a building that could be used in the developmental lah program has been given to Mr. Alvah Chapman, Jr., for one dollar. Miami residents were not consulted xvith, nor informed, but because Mr. Chapman asked for the land, the School Board gave Mr. Chapman the land, and will use the bond money or tax revenue to produce space for the labs. Tile Community Partnership for the Homeless, Inc. has not taken an in-depth look at their proposal, or perhaps they're not concerned about the impact their project will have on all of Miami. Please tell me, that you are not aware of the possibility that a megashelter, like the one proposed by you, will provide the vehicle for all other municipalities to ship all their homeless to your megashelter. (APPLAUSE) Vice Mayor Dawkins: Don't all of you see that this megashelter some place else, would allow Miami to reduce its homeless, population by sending some of there to the megashelter, or is it that you just don't care? I asked Mr. Chapman, why, after reviewing the facts, learning of all the centers in Miami, why is it he did riot leave the charge to place this megashelter at the Homestead Air Force Base. And I'm more amazed to hear Commissioner Penelas say we have seventy-eight acres of land in Homestead, but they won't take this megashelter down there. (APPLAUSE) Vice Mayor Dawkins: Please do not attempt to explain to me, again, that you are putting services where the needs are. The Coral Gables area, the Kendall area, and the Bat Harbor area, 50 July 5, 1994 homeless needs are addressed by space under 1-395 and in Bicentennial Park. Therefore, the logical spot for the shelter would he under 1-395, and not at 1550 North Miami Avenue. I have been told by many persons, as was said by ethers, that they would go to a shelter which provided help, which says where the shelter is located is secondary. And I'm told by some they will not go to a shelter at 1550 North Miami Avenue or any place else. It is my belief that if this was placed down on the seventy-eight acres, it would be much better than at 1550. (APPLAUSL) Vice Mayor Dawkins: Revitalization of Overtown and Park West/Overtown, the creation of jobs, homes, and providing an atmosphere which the Principal spoke of, which gives rise to self- esteem, rather than self-destruction, should he our aim. The revitalization of Biscayne Boulevard from Flagler Street north to the. City limits includes the Omni area, tite remaking of Biscayne Boulevard, and all. Those of us on this Commission who might vote against the shelter, we do so with regret. But I do so because I feel that Mr. Chapman, the Community Partnership for the Homeless. Inc., and Commissioner Penelas have betrayed me. When Mr. Mendez was before. the. City Commission, on January 14, 1993, Mr. Penelas was there, when the City of Miami passed Resolution Numher 93-25, which read: "A resolution committing, in principle, the availability of City -owned land in the downtown core area of the City of Miami for the construction of a homeless assistance and shelter facility; said land availability to he contingent upon the construction and occupancy of two other sites of similar size and nature, to be dedicated and constructed outside the, jurisdiction of the City of Miami, but within Metropolitan Dade County for the s;rme purpose, with the bid and construction processes and occupancy of all three facilities to progress and take effect simultaneously; further requiring as part of said land commitment that all three facilities he maintained and occupied at approximately an even rate at all times." This was voted on. The "yesses" were Miriam Alonso, Miller Dawkins, J.L. Plummer, Xavier Suarez. The "no" was Victor De Yurre." (APPLAUSE) Vice Mayor Dawkins: You know, does not your conscience tell you that this neighborhood, the City of Miami, has been abused? Morally, don't you feel that Miami has its fair share? Religiously, don't you feel that you should treat your neighbor as you treat yourself? (BOOS) Mayor Clark: Come on, let's go. Vice Mayor Dawkins: Mr. Chapman, the Homeless Partnership, Inc. will follow your leadership. I ask that you reconsider your plans to construct a shelter at 1550 North Miami Avenue, and you return to the drawing board and design a megacenter with all the required services in it. You could also, on this seventy-eight acres, plan for a small farm where the shelter residents could grow their own vegetables, even market some of them. (APPLAUSE) Vice Mayor Dawkins: As was previously stated, one day, we may be able to look back to the date of July 5, 1994, and say, on that day, we all saved Dade County, because I promise you, if you finally win approval and build a shelter at 1550 North Miami Avenue, you will not only destroy the rest of that area in the same manner that urban renewal destroyed it, but you will continue contributing to the complete destruction of Overtown. The total City of Miami will be Dade County's low socioeconomic area, better known as a ghetto, unable to provide the critical 51 July 5, 1994 service so vital in today's society, and the cost for police, fire and sanitation will come from the total revenue of Dade County, and perhaps other municipalities. I beg you to please reconsider and take this center south. Do not overcrowd us with any more, and thank you for your indulgence. God ble>s you. (APPLAUSE) Mayor Clark: Wait a minute. Wait just a minute now. Vice Mayor Dawkins: I'll close so I won't have to say nothing after the vote. If you saw today's paper, you understand what the gentleman said when lie said he may secede. It says some are planning to secede from Dade. There may be some planning to secede from the City of Miami. (APPLAUSE) Mayor Clark: Well, that could happen. Please. That could happen, but this is not going to be a circus, I tell you, so if you don't be quiet, you won't get the vote. Just relax. All right. Do you have anything, Victor? Commissioner De Yurre: Might as well. Is our Police Chief around here, or did he go to Orlando, also? Mayor Clark: No, he left. That gentleman left. Vice Mayor Dawkins: He went to Orlando, too. Mr. Cesar Odio (City Manager): No. He's here. Commissioner De Yurre: No. I'm talking about our Police Chief. Mr. Odio: He's here. Commissioner Plummer: If your comments are that volatile, let me know now, so I can leave. Mayor Clark: All right. Chief Ross. Chief Ross. Commissioner De Yurre: We've had an opportunity today on a couple of occasions to talk about this issue, and I asked to put together a recommendation of what it would take, as far as the Police Department, Miami's Police Department, to adequately provide the protection that you deem necessary, should something of this nature go in place, and I would ask you at this point in time to put it on the record. Chief Calvin Ross: The recommendation is that there be internally, twenty-four hours a day, seven days a week, a minimum of two police officers on duty, with a relief factor which would amount to a total of eighteen officers. On the outside, the recommendation is that there be a total of six police officers and a sergeant, twenty-four hours a day, seven days a week, which would amount to a total of forty-two officers and six sergeants. Commissioner De Yurre: What amount of area would they cover? Chief Ross: Outside of the facility, the recommendation... Commissioner Plummer: Is that sixty total? - 52 ..July 5, 1994 Commissioner De Yurre: What? Commissioner Plummer: Is that sixty total, or forty-two total? Chief Ross: Outside of the facility. Commissioner Plummer: Eighteen and forty-two, or forty-two total? Chief Ross: No. That's eighteen inside... Commissioner Plummer: And forty-two outside, for a total of sixty. Chief Ross: Forty-two police officers and six sergeants outside. Commissioner Plummer: Excuse me, I'm sorry. What is the total? I'm sorry. The total amount of personnel? Chief Ross: Sixty-six. Commissioner Plummer: Sixty-six. Chief Ross: That's correct. Commissioner Plummer: OK. Thank you. Chief Ross: The... Outside of the facility, the recommendation is that the forty-two police officers and six sergeants he responsible for the area three to five blocks in a perimeter around the center, which would relate to an area north to 20th Street, an area east to the bay, an area south to 395, and an area west to the tracks, roughly around 2nd Avenue. That would be the area of focus, and these individuals will he solely dedicated to the issues of the homeless and providing high visibility for that area. Mayor Clark: All right. Commissioner De Yurre: Thank you, Chief. Commissioner Plummer: Did we hear a cost factor? I didn't hear a dollar number. Commissioner De Yurre: Go ahead. Commissioner Plummer: My dollar number comes out to four million, six. Am I in the ball park? Chief Ross: Calculating the... Once again, it depends... First of all, rather, it depends on whether or not the officers that are staffing are being staffed in an off -duty capacity, or whether or not they're being staffed in an on -duty capacity, working the regular ten-hour shift. With the recommendation of officers working in an off -duty capacity, utilizing the figures of three police officers, twenty-four hours a day, seven days a week, in an off -duty capacity, that comes to four hundred and seventy-one thousand, seven hundred dollars a year. For the outside, six police officers, twenty-four hours a day, seven days a week, in an off -duty capacity, comes to nine hundred and forty-three thousand, four hundred and eighty-eight. The three sergeants come to one hundred and ninety-two thousand, one hundred and ninety-two, with a total of one million, one hundred and thirty-five thousand, six hundred and eighty dollars. 53 July 5, 1994 Commissioner Plummer: I'm going to remind you of those numbers at budget time. Chief Ross: These numbers are based on... These numbers are based on the off -duty rate of eighteen dollars per hour. Commissioner De Yurre: Thank you, Chief. Mr. Mayor, I have a number of concerns. And basically... And the way I see this going down, you know, I'm looking; at a three/two vote. And whenever you have a three/two vote., it means that there are always questions that maybe we don't answer, maybe questions that will not he answered here tonight, but certainly a position that must be taken at some. point. I have a Concern for emir City, bCCUISe time and tine again, we see the same situation permeating. i don't see the homeless situation getting any better. I don't see it at all. i don't see that our sUrcts are any Cleaner. I don't see that our parks are any safer. And that is an alternative. Do we leave things as they are, and not go to the parks? Do we leave things as they are, and not walk down the street? Do we leave things as they are? And we have seen, particularly through our inaction, not so much hecause we don't want to do something, but basically, because we have been handcuffed for such a long time by the Federal ruling that this has been allowed to go on. Because if' we take a step, as far as cleaning up our City with the homeless issue, then wee have the ACLU (American Civil Liberties Union) knocking on the door of the judge again, and trying to enforce us from doing what we know needs to he done. There's an argument that, let's do it some place else first, and there is a valid argument for that. Certainly, we have. seen all the red dots in the northeast part of town, facilities that have provided services to the homeless population, and yet, what we see here for the first time is a pool of money of over seven million dollars ready to answer this issue. Is this the answer? Some say no, some say yes. So... So what we need to analyze is, how do we address the fears of our residents, and how at the same timc do we address this homeless issue"? I believe that this may be the right answer. I believe that with a number of restrictions, that in order for me to vote for this, have to he accepted, that this will prove to be fruitful. But I have doubts, because we're going to try something that has not been tried before, and this community is going to be asked once again to he the one that hears the [)runt of a possible solution. The only way that I would vote to support this effort - and I believe it's a noble one, and I believe it's a sincere one - is if there's a restriction that this process be reviewed annually, so where we can say, no, it's not working like you promised that it would, no... Guys... Mayor Clark: See what you caused? Do something. Either you can do it or don't do it. Commissioner De Yurre: ... Where we can review this on an annual basis, with an understanding that we can revoke this permit and shut it down. It's a situation... Of course, if you don't accept what I'm proposing, there may he a third vote somewhere around here, I don't know. I'm looking, when we're dealing with this issue, that since we are going to he bearing the brunt, again, that we only put. in Miami's homeless into this center, and we will have to find a formula by which we can ensure that, or come as close to that as possible, because sooner or later, we have to deal with the homeless; we have to, there's no question about that. We're looking at a situation that, if we say, let's wait for Homestead to open up before we do, we're going to have to deal with our people, anyway. (APPLAUSE) Commissioner De Yurre: Now, I want to make sure that we do deal with our people first, if we're going; to go ahead with this. I look to have a monitor hired by the City to protect the City's interest to be in place, to be paid by the partnership. I look for an annual evaluation by, for example, Florida International University, that will analyze the way this program is going, with recommendations. I look for a facility with no more than three hundred and fifty beds. I look for the partnership to pay what the Chief is recommending as providing the adequate police protection for the area. I look for the partnership to come back with, hopefully, breaking ground 54 July 5, 1994 on that second facility, by the time that this is reviewed on the first anniversary, and the anniversary would be after the. CO (certificate of occupancy), on the anniversary of the certificate of occupancy. Those are the things that I'm looking for, in order for me to go ahead and support this effort. 1 also look for the City to begin to enforce the laws that we have been held hostage from enforcing. I would he looking for the City to implement laws that will prohibit feeding of homeless in public places, in parks, which fosters, again, homeless from moving into our public places. i would look for the City to enforce our vagrancy laws, and all the other laws that really have been not addressed because of this Federal ruling. This is not an easy decision, and i cannot walk out of here making people hal)py, because either I upset you, or I upset here, so I have to do what I helieve will protect our community best. Here, we have a chance where we have hundreds, if not thousands of homeless in our City, to he dealt with, and, hopefully, most saved, and by the same time, I believe that it will he what is hest at this point in time, if... Mr. Mayor, If l prove to he wrong, and if a year from now, once this thing gets going, the fears of this community have come to fruition, then I will he making the motion to close this shelter down. Mayor Clark: Let me ask a question, Mr. De Yurre. Mr. Price, do you hear the statement he's making? Mr. Price: Yes, sir. Mayor Clark: Do you want to respond at all to it? Are you looking for a response? Commissioner De Yurre: I'm looking for a response, but that would be my motion, to approve it, conditioned on all these points that I've brought to bear. Mayor Clark: Just a moment, now. What we've got to do is get... There's a motion not to approve it. There's a motion... You vote in favor or against the appeal. Commissioner De Yurre: To deny the appeal. Mayor Clark: To deny the appeal. Now, Mr. Price. Mr. Price: Commissioner De Yurre has mentioned several different factors, if I may take them serially. Number one, we would agree with most of the impositions of conditions. However, there is one condition that would just break us, and that is the condition in regard to the payment of additional police at this facility. Commissioner, Commissioner, what the Police Chief has indicated to you this evening is approximately one point six million dollars in fees, which would more than double the amount of budgeted expenses we have for this facility. We are prepared to work with the City in providing to the City at no cost a police substation in the facility. Right now, the City is paying rent, we understand, on Biscayne Boulevard. We're willing to go that far and provide you free rental space. But we cannot... We'd love to come and say, we love all your conditions, we embrace them, but the reality is, we could not afford to operate this facility, based upon the budgetary constraints. And this is the first time we have heard about this type of dollar amount. It just will make us unable to provide the necessary services that we need to provide to the homeless population. Commissioner De Yurre: See, my concern is... My concern is the people that are around that area, OK? My concern... (APPLAUSE) Commissioner De Yurre: My concern is that I have to make sure that this thing works. And for me to make sure this thing works, to begin with, we have to provide the police protection that my 55 July 5, 1994 , expert, our Police Chief, says is necessary. He came here, and hastily, because I asked him today to put this together, he presented a plan. That's a plan that he presents today. If he feels, as time goes on, that he can adapt that plan, based on his experience, so he it. However, we've been hearing today about additional monies coming in, twenty million dollars coming from here, this money coning from there. As far as I'm concerned, just like Old Milwaukee Beer, it doesn't get any better than this, if you want my vote. So you accept it, or you don't have my vote. Mr. Price: Commissioner, in all fairness, we have filed an application, we have followed yo►.►r procedure, we have met w►th your professional staff, your Planning; Department. Your Planning Department has imposed upon us the most severe restrictions that I am aware of, in regard to twenty- four -hour -a -day protection to that area. And you are, after the case has been closed, the Police Chief comes forward with a plan which we have never heard before, and you are asking us now, as a condition of your vote, to agree to pay one point six million dollars per year, when our budget, our budget for operation, which is subject to this facility being built, is at eight hundred thous►nd dollars. We would be more than prepared in sixty days to come hack to you with a plan for police protection, but to ask us now, after the case has been closed, to react to your proposal, not only is it, most respectfully, ►.►nfair, but once again, does great harm and havoc to a plan that has been worked out for several, several months. Commissioner De Yurre: See, Stanley... Mayor Clark: All right... Commissioner De Yurre: Mr. Mayor, if I may. If this first shelter were to be placed down in Homestead, you would not have to deal with our price tag for police protection in our community. (APPLAUSE) Commissioner De Yurre: Simple. You're talking about putting a center in the middle of the City of Miami, and unfortunately, it's not the seventy -some acres down in Homestead, where you don't, do not need, then, to provide the one point something million dollar price tag for protection, because there may not he that much to protect in that open space. But here in our City of Miami, we have things that need to be protected: property, livelihood, people, children that have to be. And unfortunately, yes, it carries a dollar amount, but we all have to pitch in. If you want these people to say, OK, we're willing to bite the bullet one more time, you guys have to give in. Mayor Clark: All right. You have a... You said you had a motion. Commissioner De Yurre: That is my motion, Mr. Mayor. Commissioner Plummer: May I ask a question, Mr. Mayor? Mayor Clark: Yes, sir. Commissioner Plummer: Mr. Price, you're a very intelligent man. Are we fully understanding what Mr. De Yurre is saying, that annual review, after you've spent three million dollars, that if three of this Commission say tomorrow, sir, you shut the door? Mr. Price: That is part of the condition. Commissioner Plummer: I mean, you understand that? 56 July 5, 1994 Mr. Price: I understand that, and that is part of the condition that has been imposed by your Planning Director that we have to perform. If we don't perform, we don't get rewarded. We understand that. Commissioner Plummer: No, that's not performing, now. it has nothing to do with performance. If three votes of this Cormission say, "bye-bye," you're gone. You understand that? You'll sign a covenant agreeing; to that, is the way 1 understand Commissioner De Yurre's motion. Mr. Price: It is a condition which is contained within the approval by your Planning Director, and, Mr. Plummer, and most respectfully, we are not going; to sign a condition that three votes of this Commission puts us out of business without substantial competent evidence to support that vote. Commissioner Plummer: Well, you fully... (APPLAUSE) Commissioner Plummer: You fully are aware that on one year review, this Commission would hold... And I assume the maker of the motion, Commissioner De Yurre, would have to speak for himself. But in the past, whenever you've had these one-year reviews, if the Commission said, "bye-bye," it's "bye-bye." Now, you know, if that's not the case, then I would ask Commissioner De Yurre to further clarify. And if it is... Mayor Clark: Is that the case? Let's get this out. Is that the case? Commissioner De Yurre: Well, that's the case, but certainly, it wouldn't, you know... There has to be some basis for us to turn around. Commissioner Plummer: Oh, 1 understand that. Commissioner De Yurre: But that is basically where we're at. Commissioner Plummer: But we would be the determining factor of that formulation. Commissioner De Yurre: Sure. (APPLAUSE) Mayor Clark: Wait, wait just a minute, now. We're not going to... Commissioner Plummer: Mr. Mayor, I have some brief comments, that's all. Mayor Clark: Well, let me say this. Victor, you state that if they don't pay the police charge and have the review every year that you're not going to vote for it, right? Commissioner De Yurre: That's correct, among the other things I mentioned, also; the monitor, the evaluation. Mayor Clark: OK, fine and dandy. All right. You're making a... They won't accept that. Let's get down to the basic facts now. Commissioner Plummer: Can I make my statements, Mr. Mayor? 57 July 5, 1994 Mayor Clark: Yes, sir, you may. Commissioner Plummer: Mr. Mayor, I'll try to be as brief as possible... Mayor Clark: Please. Commissioner Plummer. Rabbi, you made a statement that we need to be our brother's keeper, and, you know, I feel that we've been more than our brother's keeper. Out of the... (APPLAUSE) Commissioner Plummer: Please, please. All you're doing is hurting yourself by doing that. Out of thirteen hundred beds available in this total community, nine hundred and seventy of them exist within my City limits, the City that least can afford the problems created by the homeless. Someone talked about the megastructure. And, you know, the funny part about that is you don't see one of these facilities, to my knowledge, around this community. This is a Dade County problem. We have twenty-seven municipalities in Dade County. A gentleman spoke from Key Biscayne, spoke very elegantly. Not one in Key Biscayne. Not a single homeless person in Key Biscayne, much less a facility. if every municipality put their shoulder to the wheel and admitted that this is a Dade County problem, each municipality would only have to take about forty people. That's about it, forty people. But l don't see any of them rushing to say, "We realize that it's a Dade County problem, and we're going to do our fair share." This City Commission, the one that Commissioner Dawkins read in 1993, was my motion. 1 made a deal, not with you, because you weren't there at the time. And my motion very simply said this: "I'm with you. There's got to be a facility in the City of Miami, whether we like it or we don't. It's got to he there." But, by God, let me tell you something. I've been around too long to see facility number two and number three never get off the ground. For whatever good reason, never gets off the ground, much less in the City of Miami. I will work with you, if this vote goes down tonight, but under the conditions in 1993 - and I don't know why you can expect me to vote any different tonight than I gave you my word in January of '93 - all three must be started at the same time, all three must be the same size, they must offer the same services, and they must open their doors at the same time, and continue to operate. Mayor Clark: All right. Commissioner Plummer: And I'll work with you. (APPLAUSE) Mr. Price: Mr. Mayor, could we respond to Commissioner De Yurre, or Mr. Chapman, please? Mayor Clark: If you'd like to. Just a moment. Mr. Chapman: Commissioner De Yurre, I know that you're proposing an opportunity to support this, and with certain conditions, and we appreciate your indicated support. I want to go on the record as saying a couple of things, and I want to respond directly to your suggestion about police power. The people from Orlando have had an off -duty policeman for about a year and a half. They have now found they don't need even one off -duty policeman in the Orlando facility, after they've had that experience. Now, we're willing to work with your Police Chief on a plan that fie and we will work together for sixty days, and support that Out of our budget. And then after the end of sixty days, we'll have a police protection plan that we'll bring; back to you for your review and discussion. But we simply cannot commit to a million, eight - a million six hundred thousand dollars to be added to a million, eight hundred thousand dollar annual 58 July 5, 1994 operating budget. That's doubling our budget for security. We don't think that the Police Chief will think it's needed. We're willing to start it for sixty days, on that basis, and then negotiate with the Commission, and with the Administration and the Police Chief as to what we do and how we'll go from there on in, but we'll commit to it for sixty days to get it started, and then we'lI find a solution that will be fair to everybody. But imposing a million, six hundred thousand in additional cost on a proposition like• this, that's being funded partly by private dollars and partly by public dollars is a very, very difficult condition. Mr. Penelas: Commissioner De Yurre, on behalf of the trust, let me say we will... Mr. Shubin: Mr. Mayor. Mayor Clark: Please, please, please. You want to speak to Mr... Commissioner De Yurre: I want to listen to what he has to say. Mayor Clark: All right. Mr. Penelas: Mr. Mayor, and specifically, Commissioner De Yurre, on behalf of the trust, which actually will make the funding decisions, we also commit to work with your staff, with the Chief, and with other officials of the City of Miami to come up with a plan to satisfy the security concerns. I have to echo what others have said. We need ;► little time to analyze, for example, how much money the Chief is currently spending in that area, how much more we could add to security. We want to make sure. As a fellow elected official, Commissioner, I understand your concerns. I will also make a commitment to address them. Though speaking responsibly, I can't commit here to a sum of money that, in all honesty, we haven't budgeted ahead of time. But we... But if... Commissioner De Yurre: Alex, I understand. i understand what you're saying, and I know it's something that you really can't, you can't look at it right... However, however, however, if, like J.L. said, that we're hearing the brunt of something that's a County problem, maybe the County Government can pitch in and help with the money, number one. Number two, my vote is contingent on what our Police Chief says is adequate, what he feels is adequate. Maybe after speaking with you, after dealing with the Administration, he'll come up with a plan. Mr. Penelas: OK. Could you... All we're asking... Commissioner De Yurre: So I'm not tying it down to a dollar amount. Mr. Penelas: OK. Commissioner... Commissioner De Yurre: I'm not tying it... However, I am tying it down to what my experts deem appropriate to protect this community. Mr. Penelas: We will accept that, Commissioner. All we need is, if the Chief would agree, time - if it's thirty days, it's thirty days - to satisfy... (BOOS) Mayor Clark: Wait a minute, now, folks. Mr. Penelas: ... to satisfy his concerns. I don't know if the Chief wants to say something on the record, but... 59 July 5, 1994 Commissioner De Yurre: This is not going to take place any time soon, anyway. Mr. Penelas: Exactly. Commissioner De Yurre: So until... Mr. Penelas: We would commit to that, Commissioner. Thank you. Vice Mayor Dawkins: Mr. Mayor. Mayor Clark: Yes, Mr. Dawkins. Vice Mayor Dawkins: Would you yield, sir? You know, I am not in favor of the Chief meeting with anybody, OK? They met already in secret, and they come up with this. Now, they want to go meet in secret with the Chief and came up with something else. Now, if you want to meet, I have... I want all the press there, 1 want any member of the Commission who wants to be there, and anybody from the public to he there, and also, some retired policemen who can speak professionally on what we're doing. Mr. Penelas: We'll agree to that, Commissioner. Mayor Clark: Let me ask a question to the Zoning Director. This is not... Is this a change in zoning? Mr. Sergio Rodriguez (Assistant City Manager): No, sir. Mayor Clark: What is it? Mr. Rodriguez: This is a special exception which is a permissible use in which you can allow it, if you put some conditions on it. Mayor Clark: I was going to say, because with a zoning change, you can't condition it at all. It's either right or wrong. Vice Mayor Dawkins: OK. May I, Mr. Mayor. Mayor Clark: Yes, sir. Vice Mayor Dawkins: Mr. City Attorney... Mayor Clark: Wait a minute. Willy had his hand up. Vice Mayor Dawkins: I'm sorry. Go ahead, Mr. Gort. Commissioner Gort: First of all, the motion has not been seconded. Mayor Clark: Has your motion been seconded? Vice Mayor Dawkins: No, no. Commissioner De Yurre: No. Commissioner Gort: I'd like to bring to the maker of the motion some points, and let me tell you 60 July 5, 1994 what my problem is, and you people out there understand. Right now, I'm a newly elected official, and I got in here beCauSC I want to make a difference in the City of Miami. I'm not a professional politician, and 1 don't know how long more I'm going to stay here. But let me tell you, I had the opportunity to visit every one OI your neighborhoods during the campaign. And then after the campaign, I've been able to go hack to every one of* your neighborhoods at least three times, and talk to your leaders. You can ask them that, they're all in there. You can ask I them. The biggest problem that I got from every neighborhood was the homeless. And my biggest problem was heing ahie... not to give them an answer. The only answer I could give to the neighborhood is, can't touch therli. 1. understand, and I'm sorry, i was not a Commissioner previous to this. A lot ol' things were passed in the hack. I was not part of that, and I'm sorry I was not part of that, because maybe I would have made a difference at the time. But the biggest problem is I had to tell the people, "'There's nothing I can do. The Federal Government will not allow us to do anything." Right now, you got the homeless in the street, they got our parks, and just about every community in here, their parks have been taken over by them. I think there's a lot of regulations in here that will take care of your fears. But I would like to add in the motion... One of the biggest fears that we have, and you have to understand, these people have been putting up with a lot, a lot of those shelters and all that are within the City of Miami. So their fear is, once again, here comes the Government, here comes the big plan. We're going to put it in the City of Miami. What happens afterwards? So I can see the review, I'm in favor of the review, 1 don't have any problem with that. I think they should get together with the police and provide the protection for it. And according to this, we're supposed to take care of the City of Miami first, and all the individuals that are to he in there have to he within the City of Miami neighborhoods. OK. The other caveat that I would like to add to your motion, Mr. De Yurre, Commissioner De Yurre, if you accept it, one of the higgest fears is that they're going to build another facility. But that's very simple. One of the conditions that we can attach to this and to make sure that everybody is with this, we will not issue a CO unless another permit has been pulled in another part of Dade County. I don't know if you would like to make that part of your conditions, but I would like that to he part of the condition. Commissioner De Yurre: Are you talking about like a building; permit or something like that? Commissioner Gort: A building permit. They got plenty of time to go and find another facility, and we will not issue a CO unless we have a building permit in another place in Dade County, and that's it. j (APPLAUSE) I Commissioner De Yurre: The problem I'd have with that is pretty close to what J.L. wants, is we open them up at the same time or not. Commissioner Gort: I'm talking one additional permit. They don't have to be built at the same time, just the permit, or permission. (BOOS) Mayor Clark: Folks, please, now he's making a statement. Let him make it. He hasn't spoken all night. You people have been talking a lot. Commissioner Gort: I will second the motion with those conditions. Commissioner Plummer: Mr. Mayor, I'm still asking the same questions because I'm not clear, and I want it on the record so there's no misunderstanding. Mr. De Yurre, what I understand you to say is there will he a one-year review. 61 July 5, 1.994 Commissioner De Yurre: Annual, annual review, not a one shot. Commissioner Plummer: Annual review, at which at any time of that review, three members of this Commission can vote to eliminate, and they have to voluntarily close their doors. Is that the strength of your motion? Commissioner De Yurre: Yes, it is. Mr. Jones: Let me just caution... Mayor Clark: You don't want that, Willy. Commissioner Plummer: Now that I... Mr. Jones: Commissioner, please., please, let me caution you. Commissioner Plummer: All right, please go ahead, sure. Mr. Jones: Even when you do that annual review, you've got to keep in mind that you will be reviewing the status for a special exception, so you still have to apply the same standards and criteria for either denying the special exception, or granting it, as set forth in your Code. So it can't be an arbitrary decision that three of you decide, well, for whatever reason, you know, I'm not... There has to he some objectivity as set forth in the Zoning Code. So you've got to follow the same criteria. Commissioner De Yurre: Sure. We're reasonable people. Mayor Clark: Reasonable. Mr. Dawkins. Vice Mayor Dawkins: Mr. Rodriguez. Mr. Rodriguez: Yes, sir. Vice Mayor Dawkins: The Mayor asked you was this a zoning change. What did you say? Mayor Clark: No, it's a special exception. Mr. Rodriguez: That this is not a zoning change. Vice Mayor Dawkins: OK. What is it? I mean, no, no, no. What does the Code say as to overutilization, or if you think that this is detrimental to the economic development of the area, what does that same special exception that you're talking about, what does it say? Mr. Rodriguez: You can impose conditions to try to eliminate or mitigate the negative impact. Mayor Clark: That's what I'm after, the conditions that are imposed. Vice Mayor Dawkins: No, no, I cannot impose no commission... I mean no conditions to stop economic... not developing. I can't do that. Mr. Rodriguez: If it were a zoning case, you would not be able to impose conditions. If it is a special exception, you can impose conditions in approving or denying it, you know. If you deny, you don't have to have a condition. If you approve it, you can put some conditions on it. 62 July 5, 1994 Vice Mayor Dawkins: Well, the conditions that I'm denying it on would be if I... I mean that I'm voting to deny it is that it will destroy the community. Is that good enough for me to vote? I don't have the votes, but I'm just asking you. Yes or no? Commissioner Plummer: Well, I... Vice Mayor Dawkins: Wait a minute, J.L. Wait a minute. Because, see, he's got me confused. Don't you contuse me more. Mr. Rodriguez: You can impose any conditions that you feel are adequate to approve the project. Vice Mayor Dawkins: You haven't said nothing to me. Mr. Rodriguez: Well. Mr. Jones: Commissioner, Commissioner. Vice Mayor Dawkins: Yes, sir. Mr. Jones: If I might. If the record bears out the fact that there is sufficient evidence that would indicate that by approving this particular project, it would have an adverse impact in terms of economic imbalance, or for lack of a better term, a detrimental economic effect, if the record bore that out, certainly, that would be grounds for you imposing a condition that would negate this adverse impact. Vice Mayor Dawkins: And Mr. Rodriguez, you don't see that in the zoning... You don't see what he just read in the Zoning manual? Mr. Rodriguez: I think that's exactly what I told you before. Vice Mavor Dawkins: No, that's not. You think. See, you think like you... OK, no problem. I don't want to go through that. That's not what you said. You didn't say what he said. OK? All right. OK. Mayor Clark: All right. Now, we got a motion on the floor by Mr. De Yurre to vote against the appeal. Right? Commissioner De Yurre: Right. Mayor Clark: With certain conditions. But if you're going to vote against and impose conditions, you vote in favor. Commissioner De Yurre: Whatever it takes. Mayor Clark: All right. Do you second his motion? Commissioner Gort: I second the motion. Mr. Jones: Mr. Mayor, Mr. Mayor, just so the record is clear, it would be a motion denying the appeal and affirming the decision of the Zoning Board, including the conditions imposed by the Zoning Board, as well as the conditions that have been set forth by you here this evening. Mayor Clark: Now I think we can get a roll call. 63 July 5, 1994 ifs Commissioner Gort: Wait a minute:. Did you incorporate my conditions and... Commissioner De Yurre: OK. Now, just let me be clear about this, because I don't want that we delay in moving quickly on this, because we need this help. Exactly what kind of permit, Commissioner Gort, were you talking about? For them to... In fact, they don't even have a building permit yet to do what we're going to do here, so, time -wise, I don't want this to be, you know, sidetracked, time -wise. Commissioner Gort: The condition has to he that we know that another site will he buildable, and that it's going; to be built in ;mother part of Dade County before we can issue a CO. Mr. Price: Could it he site plan approval, sir? Commissioner Gort: Site. plan approval... An approval that the site is going; to be built. Vice Mayor Dawkins: With three hundred and fifty beds or... With three hundred and fifty beds or less? Commissioner Gort: Or more. Vice Mayor Dawkins: Or more. OK. Mayor Clark: OK. Now you got the... Commissioner De Yurre: That's doable? OK. So be it. Mayor Clark: Mr. Shubin, you've been very patient, but this has been a conversation with these people. Did you want to say anything? We'll give you that privilege. Mr. Shubin: 1 just only have one concern for the record, and that is, if there are conditions that are imposed, I want them specifically imposed, I want them specifically read into the record, and I would like objective criteria so that the people who are here today can determine whether or not those criteria have been met. The looser the language, the more concern that all of us have, and it will be impossible for us, a year from now, two years from now, to ever figure out what you all did here tonight. Commissioner De Yurre: I would say, Mr. Mayor, to alleviate that concern, that we bring it, that the Administration and the concept of the monitor, with the job they're going to be doing, the evaluation, all things that we've been talking about here, the amount of police protection that's necessary, that it be brought before this Commission for approval and adoption, and that way, we know exactly what it is that we're looking for. Commissioner Plummer: Are you indicating to defer this item? Commissioner De Yurre: No, I'm not saying that at all. I'm saying that we approve it, but if we're talking about defining certain things, either we allow the Administration then directly on its own to set the parameters, which I think is what you're looking for. You just want something definitive that you can, you know, that you can look at and analyze. That's what you're saying;. Mr. Shubin: Well, I have a number of concerns, the first of which is, I'm not sure exactly which conditions the applicants have agreed to, and which conditions the applicants have not agreed to. Commissioner De Yurre: Well, they've agreed to everything I said. 64 July 5, 1994 Mr. Shubin: My other concern is, and maybe the City Attorney can back me up on that, is that there is a difference between a promise and a condition. And a condition has certain objective criteria. You either meet it, or you don't meet it. A promise is an agreement to agree, an agreement to perform. Commissioner De Yurre: Well, we're not talking about promises here. We're not talking about promises, and whatever criteria needs to he established will he established by Cesar Odio, the Administration, along; with the Police Chief, to he implemented. Commissioner PlurTuner: So then I understand from the Chiefs comments that we will be looking for there to make a donation roughly in the neighborhood of a million -six. Was that your number, Chief? I'm asking the Chief. fie made the statement. My statement was that according to what I heard you say, that your statement was going to he in the general neighborhood of a million -six, give or take. I'm not holding... Chief Ross: What the plan is that I indicated. Commissioner Plummer: For the plan that you felt was adequate and necessary for this provision. Chief Ross: That's correct. Commissioner Plummer: Thank you, sir. And I can see a ten percent waiver one way or the other, but let me tell you something. If it comes back thirty, forty or fifty percent, somebody got to somebody. Mayor Clark: Somebody got to somebody? What are you talking about? Commissioner Plummer: If it gets down below fifty percent of the million -six. Mr. Price: Mr. Mayor. Mayor Clark: Yes. Mr. Price: So we understand each other, that is not what we agreed to several moments ago. Unidentified Speaker: See, they didn't agree to it. Commissioner Plummer: Well, you know, Stan, let me tell you something. The Chief has said to us that this is what he feels that is necessary. Now, these people shouldn't have to pay for that, and that's where these monies come to pay these policemen, is from the people and the taxpayers of this community. So I'm saying to you that if this facility, according to the Chief, is going to have this kind of retirement - necessity - then you're going to have to pay it, no ifs, ands, and buts, in my book. You're creating the need. You're going to have to create the funds. Mayor Clark: OK. OK. Commissioner Plummer: So I was just... That's why I'm asking on the record. Mr. Odio: Maybe the solution may be, Mr. Mayor, if I may, the Chief was asked on a short notice that we work up a plan for security. If the plan is not acceptable to them, then they don't have a CO (Certificate of Occupancy). Don't worry about it, we won't issue the CO. 65 July 5, 1994 Vice Mayer Dawkins: Mr. Manager. Mr. Odio: And we. can... Vice Mayor Dawkins: Mr. Manager. Mr. Odio: Yes. Vice Mayer Dawkins: t want you to understand, and understand clearly. You have said for the last eight months that you have a budget problem. OK? Now, I don't understand how you're going to provide: police protection for this center when you have a budget problem, and the citizens in the City of Miami are having problems getting police protection. Mr. Odio: You are correct, Commissioner. Vice Mayor Dawkins: All right. So therefore... (APPLAUSE) Vice Mayor Dawkins: No, no, no. You see, I have to put it in the record, you see. I have to put it in the record. OK? So therefore, when you come back, I don't care what it is, it has to be off - duty police, and if you can fund it, let me know. If you can't fund it, somebody else is going to have to fund it, Mr. Manager. Mr. Odio: We cannot fund it, I can tell you that right now. Vice Mayor Dawkins: OK. Mr. Odio: But I think it's fair to see how this center is going to operate, and then determine the number of officers... Vice Mayor Dawkins: I think it's fair to see that the people are safe first, and then how it operates. I don't want to see how it operates and the people are not safe. Mr. Odio: Fine. So we can start with the... (APPLAUSE) Mayor Clark: All right, let's get... Mr. Odio: We can start with an intensive security plan, and then taper it down as the plan progresses, and I think they are agreeable to that. Vice Mayor Dawkins: And then scale it down. Scale it down. OK. Commissioner Plummer: That's not what I understand Commissioner De Yurre to say. Commissioner De Yurre: Well, J.L., I haven't put a dollar amount on this thing. Whatever the Chief deems appropriate, that's what I'm with. Mr. Odio: We can work an intensive plan, tapering down. Commissioner Plummer: So that there's no misunderstanding... I mean, why are people vacillating like crazy around here? July 5, 1994 Vice Mayer Dawkins: That's right. You said what the Chief said. You didn't say what the Chief didn't say. Commissioner Plummer: I heard the Chief say a million -six. Now, you know, I'll take a ten percent leeway either way. Mr. Odio: He was asked... No, no. Commissioner, I'm not going to allow you to put the Chief in that position. It's not going to be a million -six. I Mayor Clark: Please, please, now. Please, just a moment. Mr. Odio: fie was asked... fie wasasked... Mayor Clark: Mr. Manager, wait a minute.. Wait a minute, J.L. He gave you the optimum. I believe it will take probably about half of that. But what are you going to do with police protection there to start with? if this doesn't even go up, you're going to have no police out there, no sergeants., nobody? You got to have police there to start with. Mr. Odio: That's correct. Mayor Clark: You should have them there right now. (APPLAUSE) Mayor Clark: So he said... This is a new proposition. It could... The Chief said it "could" cost this, but I don't think it would cost near that much, by any stretch. You got to have them there now, even though you'll build a place, or you got no protection there, whatsoever. Mr. De Yurre... Commissioner De Yurre: I'm ready to vote. Mayor Clark: ... with that caveat that the Manager and the Police Chief will get together and see what it's going to take. Mr. Shubin: Mr. Mayor, may I? This is extremely important. Mayor Clark: All right, one shot at it. Mr. Shubin: We need a call from the City Attorney. It is my understanding and it is my position that you all, as the City Commission, have the ability to delegate certain fact-finding determinations to the Manager or to the Police Chief. Mayor Clark: To the Manager, not to the Police Chief, to the Manager Mr. Shubin: OK. First of all, we need to make it clear on the record to whom you are delegating this responsibility. It is my position on the record, however, that you cannot delegate this responsibility unless the criteria that you employ are objective. They must he crystal clear. You cannot leave discretion in the hands of the City Manager, you cannot leave discretion in the hands of the community partnership, and you cannot leave discretion in the hands of the Police Chief. Mayor Clark: That's your opinion. That's your opinion, and your opinion only. We respect that opinion. We respect that opinion. 67 July 5, 1994 Commissioner Plummer: Mr. Mayor, I'm assuming that the conditions imposed by the Zoning Board are still the conditions prevailing. Mayor Clark: Yes, sir. Commissioner Plummer: Plus the conditions that were added to here. Mayor Clark: Yes, sir. The motion now is to deny the appeal, with those conditions. Call the roll The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 94-467 A RESOLUTION (being drafted by the Law Department). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Mayor Stephen P. Clark NAYS: Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: I've made my statement very, very clear. I made a deal in 1993. I will stick to that. I have to vote no at this time. COMMENTS MADE AFTER ROLL CALL: 68 July 5, 1994 Commissioner Plummer: Mr. Mayer, 1 think ror... If I could, just ror the record, I think it should be said that both sides should he congratulated for the way that this hearing was conducted, and you, as Mayor, the way you did it. Mayor Clark: They've been very... ]'his was not a circus. It was handled very well. 'THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 10:25 P.M. Stephen P. Clark MAYOR ATTEST: Walter J. Foeman ASSISTANT CITY CLERK