Loading...
HomeMy WebLinkAboutR-91-0178• J-90-1045(b) 12/20/90 RESOLUTION NO. - 17 8 A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND DENYING THE SPECIAL EXCEPTION CONDITIONALLY GRANTED BY SAID BOARD PURSUANT TO ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, I INDUSTRIAL AND C-2 LIBERAL COMMERCIAL, ENTITLED "CONDITIONAL PRINCIPAL USES: 2. RESCUE MISSIONS AND OTHER TRANSIENT RESIDENTIAL FACILITIES BY SPECIAL EXCEPTION ONLY ....", TO ALLOW CONSTRUCTION AND OPERATION OF A RESCUE MISSION AND TRANSIENT FACILITY FOR THE PROPERTY LOCATED AT 1801 NORTHWEST MIAMI COURT, MIAMI, FLORIDA, ALSO DESCRIBED AS ALL OF BLOCK 21 LYING WEST OF FEC RIGHT-OF-WAY, JOHNSON AND WADDELL'S ADDITION TO THE CITY OF MIAMI, AS RECORDED IN PLAT BOOK B AT PAGE 53, OF THE PUBLIC RECORDS OF DADE COUNTY FLORIDA, ALSO TRACT 19A, BLOCK 211 REPLAT OF JOHNSON AND WADDELL'S ADDITION, AS RECORDED IN PLAT BOOK 50 AT PAGE 15, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. WHEREAS, the Miami Zoning Board at its meeting of November 19, 1990, Item No. 3, duly adopted Resolution ZB 107-90 by a six to one (6-1) vote, granting a special exception, as set forth herein; and WHEREAS, neighbors have taken an appeal to the City Commission from the Zoning Board's decision; and WHEREAS, the City Commission after careful consideration of this matter, notwithstanding the decision of the Zoning Board finds that the application for a Special Exception does not meet the applicable requirements of Zoning Ordinance No. 11000; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The decision of the Zoning Board in conditionally granting a special exception t Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4, Section 401, I Industrial and C--2 Liberal Commercial, entitled "Conditional Principal Uses: 2. Rescue missions and other transient residential facilities by Special Exception only ....", to allow construction and operation of a rescue mission and transient facility for the property located at 1801 Northwest Miami Court, Miami, Florida, also described as all of Block 21 lying West of FEC right-of-way, JOHNSON AND WADDELL'S ADDITION to the City of Miami, as recorded in Plat Book B at Page 53, of the Public Records of Dade County, Florida, also Tract 19A. Block 21, replat of JOHNSON AND WADDELL'S ADDITION as recorded in Plat Book 50 at Page 15, of the Public Records of Dade County, Florida, is reversed and the special exception is hereby denied. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 28th day of Februar ER L. SUAREj, MA ATTEST MATTY IRAI, CITY CLERK , 1991. ,kC t( PREPARED AND APPROVED BY: APPROVED AS TO FORM AND: CORRECTNESS: G. MIRIAM MAE JOIRGE'LERNANDEZ CHIEF ASSISTANT CITY ATTORNEY CITY AT. EY ; GMM/rma/1924 TO: i FROM: DATE: RE: 0 Robert H. Traurig Adrienne L. Friesner January 22, 1991 -Ibmitted into the public record in connection with item -3 9 on Matty Hira City Clerk Camillus House - 1801 N.W. Miami Court The letter of appeal (attached) which was filed on November 30, 1990, by various individuals, lists the following reasons as to why the appeal is being taken: I. The proposal violates the City's Comprehensive Plan which precludes residential units in industrial areas. II. A special exception for a Community Based Residential Facility use was not requested, although the same is required by special exception approval by the City Commission. III. The proposal does not meet the standards for a special exception and conditional use. IV. The is not compatible with the area and will be proposal detrimental to the public, including the undersigned. This memorandum addresses each of the concerns raised in the letter of appeal. I. The proposal violates.the City's Comprehensive Plan which precludes residential units in industrial, areas. $espouse: The Miami Comprehensive Neighborhood Plan ("Comprehensive Plan") does not preclude residential units in f' industrial areas. The consistency of existing zoning regulations with the Future Land Use Plan Map is to be determined by the Planning Director of the City of Miami. At the Zoning Board meeting of November 19, 1990, Mr. Guillermo olmedillo, Deputy Planning Director, stated on the record that the issuance of the Special Exception for a rescue mission and transient facility for the property located at 1801 N.W. Miami, Court, Miami, Florida, was consistent with the Miami Comprehensive Neighborhood Plan. The interpretation of the Future Land Use Plan Map ;or the industrial district does not specifically prohibit rescue`': missions and transient facilities in industrial districts. The language in the Comprehensive Plan for the indust 1 d ct presently provides as follows: 5, A ' Industrial: This land use designation applies to both light and heavy industry as further delineated in the City of Miami's zoning code. Both designations generally permit a wide variety of manufacturing, assembly, repair and storage activities. The Light Industry category generally limits uses to industries that do not generate excessive amounts of noise, smoke, fumes, illumination, traffic, hazardous wastes, or negative visual impact. The Heavy Industry category, on the other hand, permits the most intense and noxious uses: i.g., stockyards, slaughterhouses, wrecking yards, cement plants, paper fac- tories, fireworks manufacturing, refining, smelting and forging. All of these uses create major problems involving noise, smoke, and odors. Heavy Industry should be directed away from standard residential, office or commercial uses. .-f ri .., O �U o O � b v � +r Amendments to the text of Comprehensive Plan are scheduled to be heard by the City Commission on second reading on January 24, 1991 (Item PZ-23). The proposed language is as follows: Industrial: The areas designated as "Industrial" allow manufacturing, assembly and storage activities. The "Industrial" designa- tion generally includes activities that would otherwise generate excessive amounts of noise, smoke, fumes, illumination, traffic, hazardous wastes, or negative visual impact unless properly controlled. Stockyards, rendering works, smelting and refining plants and similar activities are excludes. Residential uses are not permitted in the "Industrial" designation. except for rescue missions, for rescue missions, and liveaboards in commercial marinas. The following language from the Housing Element of the Miami Comprehensive Neighborhood Plan, Vol II, Goals, Objective and Policies, helps support the rescue mission and transient facility and provides in part: Objective 1.4: Participate in a regional effort to reduce the number of homeless per- sons by at least 15 percent by 1995 and by 30 percent by the year 2000. 2 Policy 1.4.3: The City will work with non- profit community organizations, and local, state and federal agencies to increase the V capacity of temporary emergency shelter families and = x facilities to serve homeless +� children. P4 Policy 1.4.4: The City will cooperate and •o q work with community organizations and Metro- p 00) p Dade County providing Countywide services to p � ev the homeless for the purposes of: a) increas- v W ing access to public health care; b) improving b nutrition and eliminating hunger; c) finding V •� N permanent housing; and, d) securing employment and eventually moving them out of poverty status. Policy 1.4.5: The City will continue and expand its efforts to acquire and administer federal and state financial aid for homeless assistance. shelter capacity that stems from redevelopment or revitalization activities. (emphasis added) . The Miami Comprehensive Neighborhood Plan, Volume III, Part I, Neighborhood: Data and Analysis/Goals, Objectives and Policies, also provides support and states in part: Overtown Community Development Target Area Human/Public Service Goal 1: Provide adequate health care, educa- tional and other public services, facilities and programs. Objective 1.1: Maintain and improve the delivery (quality and efficiency) of human and public services to residents and the business community. Pursuant to Guillermo Olmedillo, Deputy Planning Direc- tor, it is the City's position that the rescue mission and tran- 31-- 178 3 sient facility is permitted within the Industrial district and is consistent with the Comprehensive Plan. x=. A special exception for a Community Based Residen- tial Facility use was not requested, although the same is required by special exception approval by the city commission. Responses The proposed Camillus House does not fall within the definition of a Community Board Residential Facility ("CBRF") and therefore, a Special Exception for this use is not required. Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended (hereinafter "Zoning Ordinance") defines a CBRF as: h facility providing room (with or without board), resident services, and twenty-four hours supervision. Such a facility functions as a single housekeeping unit. This category includes adult congregate living facilities; facilities for aged persons as defined in Section 400.618(3), Florida Statutes; faci- lities for physically disabled and handicapped persons as defined in Section 760.22 (5) (a) , Florida Statutes; for developmentally disabled persons as defined in Section 393.063(6), Florida Statutes; for non -dangerous mentally ill persons as defined in Section 394.455(3), Florida Statutes; and for dependent children as defined in Section 39.01(8) and (10), Florida Statutes, as licensed by the Florida Department of Health and Rehabilitative Services (FHRS); and residential facilities for alcohol and drug rehabilitation and juvenile and adult residential correctional facilities, including halfway houses as licensed or approved by an authorized regula- tory agency. The Zoning Ordinance defines a rescue mission as a: Facility which provides overnight, dormitory - style shelter (with or without food service provisions) to those persons lacking resi- dences, possessions or resources. 91-- 4 1'7 8 8 'M . � 1 N U d U a M. The proposal does not most the standards for a Responses The proposed rescue mission and transient facility does meet the standards for a Special Exception as outlined in the Zoning ordinance. The following considerations and standards shall apply generally to the determination for the granting of a Special Exception. Section 1301.3.1 of the Zoning ordinance describes the "intent" for the issuance of Special Exceptions as follows: Within the city generally, or within certain zoning districts, certain structures, uses, '- and/or occupancies specified in this ordinance are of a nature requiring special and inten- rq '� 06 sive review to determine whether or not they 0 t{ should be permitted in specific locations, and p+ b if so, the special limitations, conditions, ;� and safeguards which should be applied as a) b reasonably necessary to promote the general o q o purposes of this zoning ordinance and, in q particular, to protect adjoining properties ;� 0 M and the neighborhood from avoidable poten- q *' tially adverse effects. It is further intended that the expertise and judgment of � d the Zoning Board be exercised in making such v determinations, in accordance with the rules. N M considerations, and limitations relating to Special Exceptions. (Emphasis added.) Section 1305 of the Zoning ordinance provides: As appropriate to the nature of the special permit involved and the particular circum- stances of the case, the following considera- tions and standards shall apply generally, in addition to any other standards and require- ments set forth concerning the class or kind of permit being considered. City agents, agencies, or boards charged with decisions concerning special permits shall make, or cause to be made, written findings and deter- minations concerning such of the following matters as are applicable in the case, shall reflect such considerations and standards specifically in the record, and shall be guided by such considerations and standards in their decisions as to issuance of permits, with or without conditions and safeguards, or denial of applications. 91-- 1'78 5 F.. ......;:.r. t 1305.1. ingress., and. egress. Due consideration shall be given to adequacy of ingress and egress to the property struc- ture and uses thereon, with particular reference to automotive and pedestrian safety convenience, traffic flow and control, and V access in case of fire or other emergency. p+ 1305.2 Offstreet arkg and loading. Due consideration shall be given to offstreet m o b parking and loading facilities as related to p q o adjacent streets, with particular reference to 4-4 o automotive and pedestrian safety and con- v venience, internal traffic flow and control, arrangement in relation to access in case of .� fire or other emergency, and screening and landscaping. -0 o 1305.3 Refuse and service areas. vi H M Due consideration shall be given to the loca- tion, scale, design, and screening of refuse and service areas; to the manner in which refuse is to be stored; and to the manner and timing of refuse collection and deliveries, shipments, or other service activities, as such matters relate to the location and nature of uses on adjoining properties and to the location and character of adjoining public ways. 1305.4 Signs and lighting. Due consideration shall be given to the number, size, character, location, and orien- tation of proposed signs, and of proposed lighting for signs and premises, with par- ticular reference to traffic safety, glare, and compatibility and harmony with adjoining and nearby property and the character of the area. 1305.5 Utilities. Due consideration shall be given to utilities required, with particular reference to avail- ability and capacity of systems, location of connections, and potentially adverse i appearance or other adverse effects on 91- adjoining and nearby property and the character of the area. 0 1 1305. 6 Drainage. Due consideration shall be given to provision for drainage, with particular reference to effect and adjoining and nearby properties and on general drainage systems in the area. Where major drainage volumes appear likely and capacity of available systems is found mar- ginal or inadequate, consideration shall be given to possibilities for recharge of ground water supply on the property, temporary reten- tion with gradual discharge, or other remedial measures. 1305.7 Preservation of natural features. Due consideration shall be given to provision for the preservation of existing vegetation and geological features whenever possible. 1305.08 Control of potentially adverse effects generally. In addition to consideration of detailed items indicated above, as appropriate to the par- ticular class or kind of special permit and the circumstances of the particular case, due character, scale or manner of operation. Where such potentially adverse effects are found, consideration shall be given to special ticular circumstances of the case, including screening or buffering, landscaping, control of manner or hours of operation, alteration of proposed design or construction of buildings, relocation of proposed open space or altera- tion of use of such space, or such other measures as are required to assure that such potential adverse effects will be eliminated or minimized to the maximum extent reasonably feasible, and the use or occupancy will be � O UUO r 0 ment in the area to a degree which will avoid substantial depreciation of the value of 17 8 nearby property. (emphasis added). 7 IV, The proposal is not compatible with the area and will be detrimental to the public, including the undersigned. Responses The proposed rescue mission and transient facility will not be adverse to the neighborhood and public. Section 1305.8 of the Zoning Ordinance provides that remedial measures shall be considered in the determination of the issuance of a special permit and due consideration shall be given to poten- tially adverse effects generally, on adjoining and nearby proper- ties, the area, the neighborhood or the city. The remedial measu- res shall be considered to assure that such potential adverse effects will be eliminated or minimized to the maximum extent reasonably feasible, and that the use or occupancy will be com- patible and harmonious with other development in the area to a degree which will avoid substantial depreciation of the value of the nearby property. The proposed rescue mission and transient facility is compatible with the surrounding neighborhood. The Rescue Mission is located at 2020 N.W. 1st Avenue, Miami, Florida, which is approximately 1h blocks from the proposed site. The Miami Women and Children's Shelter is located at 2250 N.W. 1st Avenue, Miami, Florida which is also 1h blocks from the proposed site and the Salvation Army Rehabilitation Center, is located at 2236 N.W. Miami Court, Miami, Florida. In an attempt to reduce any perceived adverse effects to the surrounding neighborhood, the Zoning Board attached the fol- lowing conditions to the approval of the Special Exception: 1. The manner of operation of the rescue mission and transient facility is restricted to require waiting lines within the interior courtyard only. 2. The gates will open one (1) hour before serving meals and remain open for one (1) hour after meal service. 3. The rescue mission and transient facility will provide a twelve (12) hour (7:00 a.m. to 7:00 p.m.) surveil- lance system on Northwest Miami Court, and Northwest 18th and 19th Streets, within 100 feet of the facility. t!` '~ 4. rovide : •� c, .� a °U 0 o q 0 M ro .0 N b � o U � CJi N . The rescue mission and transient facility will a. Twenty-four (24) hour camera surveillance. b. One off -duty police officer during meal hours (approximately 2:30 - 6:00 p.m.) six (6) days a week. C. Approximately thirty-two (32) crew members and the Brothers to provide security at all times. 8 91 - 178 d�'i E3 91 i4•45 UNIVEdAil" HOMr ORODUCTS INC r January 1, 1990 to December 31, 1990 Calls for Service Calls for Ssrvide ' Present Area of proposed Area of signal Description Cni 11 u$ House*ami 11 ups House** 16 Driving While 12 13 Intoxicated 17_ Accidents 138 17 18 Accidents (Hit 26 4 and Runs) 21 Stolen License 25 2 f; 22 Stolen Car 61 6 26 False Burglar Alarms 162 65 26 Burglary 47 44 27 Larceny 596 45 28 Vandalism 23 11 29 Robbery 70 1g 31 Homicides 0 0 32 Assaults 66 12 33 Sex Offenses 2 0 34 Disturbances 255 41 37 Suspicious Person 2 0 .Y 38 Suspicious Vehicle 17 3 Total: 1,492 272 Boundaries for above areas: * North - N.E./N.W, 8 Street South -- N.E./N.W. 5 Street East Biscayne Bay - ' West - ;-96 - ** North - N.E./N.W. 20 Street South - N.E./N.W. 17 Street ' East - N.E. 2 Avenue West - N.W. 2 Avenue Source: Miami Police Department Computer Aided Dispatch System {J 3.11 F, �C2 yyL��[4 into AIL zecozd h 2- �z .3 :yam t "tr Y• a - t { ; x.p ' '91 14.4'1 1 INTVFPr HOMF PPON ICTC; ?NC: xt Tw 1 %R Ae * 1 r1 L January 1, 1990 to December 31, 1990 S 9 Calls for Service Calls for 3erv;10 Present Area of Proposed Area .of Sianal Deacr oti on Cam_i l l us_ House* C.Ami ll ue, Nouse * :_- 16 Driving While 12 13 Intoxicated 17 Accidents 138 17 _ 18 Accidents (Hit 26 4 and Runs) 21 Stolen License 25 2 22 Stolen Car 61 6 _ 25 False Burglar Alarms 152 65 3 26 Burglary 47 44 27 Larceny 596 45 26 Vandalism 23 11 29 Robbery 70 19 31 Homicides 0 0 E 32 Assaults 66L 12 33 Sex Offenses 2 0 _ 34 Disturbances 255 41 37 Suspicious Person 2 Q 38 Suspicious Vehicle 17 3 Total: 19492 272 ; Boundaries for above areas: ,3 . * North - N.E.A .W. 8 Street s South - N . E . /N . W . 6 Street Submitted into the public East -Biscayne Bay record in connection with West - I-95 z item,fE- on ** North - N . E . A . W . 20 Street Matty Hirai South - N.E./K.W. 17 Street 91- 178 City Clerk_ East �- N . E . 2 Avenue { West - N.W. 2. Avenue Source: Miami Police Department Computer Aided Dispatch Syste F _ l�u j n ' d. No loitering or sleeping around the premises will be permitted. 5. The rescue mission and transient facility will limit serving meals to 500 people a day, except three (3) times a year, 800 people may be served. 6. The rescue mission and transient facility will assign its Crew, as a part of its work program, to help keep Dorsey Park clean, as well as the area within a one (1) block radius of the proposed site. 7. The Zoning Board withheld the van tram or jitney service being made available to clients in the area until the item is returned for complete review of these conditions one year from the date of the issuance of the Certificate of occupancy. Please advise if you would like further information. cc: Lucia A. Dougherty, Esq. Submitted into the public record in connection with L item p 3 = °n g 01 /11/91 \1LLf \CAMIOOSE. NOI 'Nlatty Hirai City Clerk ��_ 178 PtRRY L. ANDERSON Chief of Police 4i 44 UNIVE` II- HOME PROWCTS INC c ftj! vrAiam4t �-A 61, Jr. CESAR H. 0010 s ;it"' o� City Mina et JAB 3 p 9991 �k ;1 i Alan D. Savitz, President Universal Home Products, Inc. 1920 North Miami Avenue Miami, Florida 33136 Dear Mr. Savitz: I have reviewed your letter expressing your concerns about the proposed relocation of Camillus House. The Miami Police Department cannot forecast crime due to the many variables involved. Attached you will find statistics on calls for police service in the area of Camillus House's present and proposed locations. The Miami Police Department has no role in influencing the decision making process in the relocation of Camillus House; any direction taken is solely that of the City Commission. Sincerely, Perry L. Anderson, Jr. ._ Chief of Police PLA.lm Submitted into the public record in connection with item on 2-1"'l 9/ 9 1 - 11 Matty Hirai" xu City Clerk MIAMI POLICE DEPARTMENT /P.O.BOX 016777 / Miami, Florida 33101 / (305) 579-6565 t Us f r 0 NA ST ! N 1: 1• 1 1•'In 1 . .1 i c t rf s 4 I s o " ! 14 F M 1 II 3 11 • ! to • _ rl 3 A IU 1 2- o '} C 10 + r • ' •0 R tN en! ` I t I t R t 1 r • at AlL , • its u e 1 4 1 IN 1 TRACT • t s 16 1- TRACT B W • t • ,•, V NATION AL y to 19 • b.- • • L1N N u 1• 20 • PROPE TIES 11 1 ,t, It• ° •° 1 i Q N 19 ST �r 1pq It 04 alb N� li 1 f r• 13 H 1 � u re i ! 1 Itel.+iIaIIt I ii IN la Its II& 's I rs 0 1 k ' i> tr ! M • N rf 14 ►! 1 ►1 p f N E . O r.r�rr.rr.rl ° ° •. N.E, 210, S 1 ! �,r.r1►4 1 b • 111 ScHoot. I , N L .ii l,� PA R K suit G love CIT E ETEE 1 , ; r 1 Nt •v s ,4 '. gas C I TY +, 3 :Ti ,s : /1 ME D _ 1, or ! 41 1► 6 PARK c ,•.,`,, . • a. iT IS t',� r • hJ q 14 S T.. • N. E . i t ST. • 2 1 . 1 : i t : ,1 r 3 3t 7 + • ♦ 4 � t • — B • � 9 r to• T_r11° ! lUM0K IM • 1/ 1 ° '• ST N. E. 16 Si i 1• i � 1 s • � b w M' 2 4 , , 7 • i W i! S 1 • ! Z 39 40 • z T • E , 2 13 , — IT. Z 4 • l0 • 10 • S T. N.E. I S 1�! Pz ZONING FACT SHEET LOCATI ONAEGAL 1801 NW Miami Court All of Block 21 lying W of FEC r-o-w JOHNSON A WADDELL'S ADDN. to the City of Miami (B-53) P.R.D.C. and Tract 19 A Block 21 REPLAT OF JOHNSON & WADDELL'S ADDITION (50-15) P.R.D.C. APPLICANVOWNER Randolph Weinsier 1 Kensington Gate Great Neck, New York Phone 358-0737 Grace Cantor Maslow 980 5th Avenue #86 New York, New York Phone 358-0737 Theresa Cantor, as Personal Representative of the Estate of Earl Cantor c/o James McDonald 5355 Town Center Road, Ste., 1002 Boca Raton, FL Phone 358-0737 i Christina Echarte Brochin, Esq. 150 W. Flagler Street, #2701 Miami, FL 33130 Phone 358-0737 ZONING I Industrial. REQUEST Special Exception as listed in Ordinance 11000, as amended, the Zoning Ordinance of the , C1 ty of Miami, Article 4, Section 401, I Industrial and C-2 Liberal Commercial, Conditional Principal Uses (2) to allow construction and operation of a rescue mission and transient facility. 78 K E} Y�fW4 CW W RECOMMENDATIONS PLANNING DEPARTMENT APPROVAL'PER PLANS AND LETTER FROM THE APPLICANT ON FILE )MU IN ADDITION SUBJECT TO: 1: I PERSONNEL IN THE SURVELLANCE OF THE PARK FRW SUNRISE TO SUNSETS 5. AND A VAN TRAM OR JITNEY SERV ICE TO CLIENTS IN IHE AREA TU TRAOM I.LILHIZ 50 THEY CAN WAIT INSIDE THE RESCUE MISSION WALL5. e Speclal Exceptlon as requested must mee the intent of Zoning Ordinance 11000 which requires that due consideration be given to potentially adverse effects generally on adjoining and nearby properties and the neighborhood. Therefore, consideration should be given to special remedial measures to reduce the impact on the neighborhood in this particular case such as a) waiting lines only within the interior courtyards and longer opening hours .to avoid having clients waiting on the public sidewalks and immediate neighborhood, before and after the meal; b) 12 hour surveillance; c) client control and d) tram service. It is suggested that. surveillance and control (above) could be accomplished by hiring security guards, or off - duty policeman to watch over the area, especially the i park and the school area. Regarding item 4, it should be left up to Camillus House to choose the three special occasions during the year, in which up to 800 clients will be allowed to be - served. PUBLIC WORKS Right of way dedication required on northwest — corner of lot #2. DADE COUNTY TRAFFIC AND TRANSPORTATION No comment. At its meeting of N6vember 19, 19909 the - ZONING BOARD Zoning Board adopted Resolution ZB 107-90- by a 6-1 vote, granting approval of the above. Forty-four OPPONENTS and -thirty-nine PROPONENTS were present'nt the meeting. Nine replies AGAINST were received by mail. Letter dated November 29, 1990, signed - APPEAL by several property owners. CITY CONXISSION At its meeting of January 24, 1991, the City Commission continued the above. ! E ! s ' 91--- 17� a t. KA dw rAMI= f :a m ! I t q N F. 2i ST. • Z its N E. ii • � t 1 . wRiY1i f•s � 'Z ' , } t.twitur »t r � � fCtr00♦ { • � PARK .�. �r. ��,,� -�yrt = "1 •1� is t i .� } s� s i i ,,, µ.., �.' �S! "i.� {{r r3 � id' r '� c•.}^` ' t 1 ✓ Eli y5 • ��. /S•. t �', - -' - R'�' ,f - t. ♦ � F '! , 1:. its Tr ' F.' R t rA i -- ` ii t �' C ! � -• • , - '.Y. � i r :° . i'`-,1:�►�"\. �:..-. ` a `; a `. �r l t__x�'�yd'1' �"" -+.Yst :aiaL'sF.. � • �'" 6. a i� � 'n - .. 2 � .•j ,! � ice,__ _/.. ''r ■ a i t ta?( r , November 29, 1990 Gloria Fox Chief of Hearing Boards Division City of Miami 275 N.W 2nd Street Miami, FL 33131 Dear Ms. Fox: The undersigned a g ppeal, pursuant to Article 20, Ordinance No. 11000 of -the City of Miami, the decision of . the Miami `Zoning Board made in relation to that, Board's November 19, 1990, agenda item no. 3. (A copy.of. the agenda item no. 3 is attached hereto and incorporated herein.) There are a number of reasons as to why the appeal is - being taken. The proposal violates the ,City's;Comprehensive. Plan which precludes residential units in industrial, areas. AL special exception for a L Community Based Residential Facilities use was not requested although the. same is required by special exception approval L by the City Commission. Additionally, the proposal does,, not Lmeet the. standards for -a special Lexception and conditional use. Wye ' would also add that whatever the circumstances the proposed; use is not compatible with the area and will be detrimental to the public, including the undersigned. +' �Rbcv- I 11 tune .:� # ■A# w4 .. Signat e , , &, 7.,. /-4., V. Yr ol r lool Name a Address lqeAlrIA49 Z A C A1,a2'rWA1Aqi q✓t, • A1,4260 C L) IeZ dueoe of z7 Nam- i7T Pr- jcf2 AM _ _ __ .. � -- Sy�F s jp 0 'SO OCT —4 A 8 12 APPLICATION FOR A CLASS 0 SPECIAL PERMIT OR SPECIAL EXCEPTION File Number OSE-B Within the My generally, or within certain zoning districts, certain structures, uses, and/or occupancies specified in this ordinance are of a nature requiring special and Intensive review to determine whether or not they should be permitted in specific locations, and if uh the special limitations; conditions, and safeguards which should be applied as reasonably necessary to promote the general purposes of this Zoning Ordinance, and, in particular, to protect adjoining properties and the neighborhood from avoidable potentially adverse of f ecM It is further intended that the erpertise and judgement of the Zoning Board be exercised in making such determinations, in accordance with the rules, considerations and limitations relating to Class D Special Permits and Special Exceptions. (See ArttcleaW4 Format public notice and hearing is not mandatory for Class D Special Permits, but is mandatory for Special Exceptions. k other respects, these classes of special permits are the Same. The Zoning Board shall be solely responsible for determinations on applications for 1 a! led the following in sucW? or explanation of -this apmieatiare , x Iommumm. Two su vays of the PrcpartY Prepared by a' St to of Florida Registered Land Surverar. „+ 2. Four c*eo of: site pion showing (as reauirec) %pgjff4*m*klW4 ex4tim, and pcapodrsd struetvrets}. Pwkhi ,Dino, screening, eta building elemi'alst; of requirsdi with dimemi and eomputattens ai tot wee (g= and net),, l.UI ratios (aQsn "". floor area. pocking, etc.4 building spacing mW Wght a vemW SN seen= 230I.T..fa?. 3. Affldavit dlscioaiM ownersniP of Property covered by cppilcatfon aced discia mm of iftlern, form (Farm 4-83 am attaIII to I 1 1114 a 1 LL ;_ k CertMled list of owners of reaiestate within IM radim from the outside bmvim es of ps oper. amwed by this oPphicasian. (See Font 6-83 m d got to S. At twop, a that show the etrtire piqm,. ► (land anti In ipt avernewtsL 6. Other (awaft Rwers of Attorney fxm title holders �. 7. Fee of $ 1. Soo. go , bond an following (a) Class D $450.00 03) Speeeal E=optfan $650.00 . (c) StrdwM mmi to appllc cWe fee from (a) or Q Wow +tat to e=md $650; to be refunmd if them ei no cmnd (city eedslSeaCt es-d1 A r� or Avmosezea ^98M Address 150 w. Flaaler Street, t 2701 City, State, EP mmai, Florida 33130 One (305) 358-0737 STATE OF FLOFMA) SS: COUMTY OF DAM ) cristina pctearte BLmc hin beinq duly sworn, ceases ana says tnat no is ins tuwnerl tau:norezec-agentI of the rem property dasaribec above; that he has read the foregoing answers and that the some ore true and =npletes end of acting as sett for owner} that he has authority► to execute this application form on behoif of the owner. Form 1040 91-- 17 -i . SWORN TO � puss e� before me this day of ; moo. MY COMMISSION Ex ffe- Form 10-83 r i .rrr_nArr ` STATE OF Ftmm) ag• .. .... CIIMTY OF DADS i Before me, the undersi gned authority,' this day personally appeared Cristina Echarte Brochin, who being by ire ' fi.rst duly sworn, upon oath, deposes and says: 1. That he is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as 11000 required by Ordinance No. AM= of the Cade of the City of Miami, Florida, effectiiZ the real property located in the City of Miami as described and listed on the pages attached to this affidavit and made a part thereof. 2. That all owners which he represents, if any, have given their Pull and complete permission for him to act in their behalf for the change or modification of a classification or regulation of zoning as set out in the accc1nprranying petition. j. That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses, phone numbers and legal descriptions for the real property which he is the owner or legal representative. 4. 1he facts -as rcprin the application and documents — M92dtted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. SubscribedSwat, to and this 3vQ day . 1 - i Floridallotary Public, State of at My Commission Expires: - t - Ci 1 0 OWNER'S UST ST Owner's Name Randol# "#. Wier 50 % undivided interest Hailing Address 1Kensington Gate, Great Neck, New York Telephone Number-_ c/o 305 358-0737 Legal Description: All that Portion of Block 21 lying West of FloridaEas—F—Coast Railway Con%myls right-of-way of Johnson & Waddell's Addition to Cif OF MV*a t Florida, accord- ing to the Plat thereof, as recorded in Plat Book B, at Page 53 of the Public Awords of bade County, Florida; AND Alai bf Tract 19A, Block 21 of RE -FLAT OF JOiVSW & VMWELLIS ADDITION, according to the plat therdof, as recorded in Plat Book 50, at Page 15, of the a ]d�gsRecoorrds of DNdc93WbrFl ` 25% undivided interest na Mailing Address 980 5th Avenue 88, New York, New York Telephone dumber c/o (305) 358-0737 Legal Description:All that portion of Block 21 lylFg West of Florida st Railway oongmy's right-of-way of Johnson & %ddell's Addition to CITY OF KLVU, Florida, acoord- ing to the Plat thereof, as recorded in Plat Book B. at Page 53 of the Public Records of Dade County, Florida; AND ALL of Tract 19A, Block 21 of RE -PEAT OF JOHNSCN & WADDELL'S ADOIT m, according to the Plat thereof, as recorded in Plat Book 50, at Page 15, of the p�,iv Records of Dade Oounty, Florida. Owner s Name Theresa Cantor, as Personal Representative of the Estate of Fare Cantor c/o James McDonald# interest Mailing Address . 5355 Town Center Road, Suite 1002, Boca Raton, Florida Telephone Number c/o (305) 358-0737 Legal Description: All that portion of Block 21 lying t Railway Company's right-of-way- of Johnson & Waddell's Addition to CITY OF MIAMt, Florida, accord- ing to the Plat thereof, as recorded in Plat Book B, at Page 53 of the Public Records of Dade County, Florida; AND ALL of Tract 19A, Block 21 of RE -Plat OF JCHNSCN & VIAMELL'S ADDITICN, according to the Plat thereof, as recorded in Plat Book 50, at Page 1% of the Public Records of Dade County, Florida.. Any other real estate property owned individually. jointly, or severally (by corporation, partnership.or privately) within 375' of the subject site is listed as follows: Street Address ' Legal Description None Street Address Legal Description None None Street Address Legal Description None None f 178 OtSUCSURE Or ONNEWHIP 1. Legal descri %ion and street address of subject real pt��ppeert All that portion of Block 21 lying West okI Plbrida East Coast Railway Oompany's right+�pF=-1 of Johnson Waddell's Addition to C i)OP MLW o rlorida, according to the'Plat thereof, as recorded in Plat Hook a, at Page 53 of the Public Records of Dade Ootinty, florid$; AND AtL of Tract 19A, Block 21 of RED-PZAT OF MNS01 & . fAWEtd.' S AMITtCN. according to the Plat thereof, as recottloe in Plat Book 50, at Page 15, of the Public Records of Dude County, Florida. 1801 N.W. Miami CT, Mid, FL2. -Owner(s) of subject real property And percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties having a financial interest, either direct or indirect, in the subject natter of a presentation, "request or retition to the City Commission. Accordingly, question 12 requires disclosure of all shareholders of corporations, beneficiaries of trusts, aril/or any other interested parties, together with their addresses and proportionate interest. 1) Randolph Weinsier 50% undivided interest 2) Ctace Cantor Maslow 25% undivided interest 3) Theresa Cantor as Personal Representative of the Estate of Earle Cantor 25% undivided interest c/o Cristina Echarte Brochin 150 West Flagler #E2701 Miami, Florida 33130 3. Legal description anti street address of any real property (a) owned by any party listed in answer to question 12, and (b) located within 375 feet of the subject real property. `[ , SVM OF FLORID ) SS: CO(WY OF DADE ) c risruna ernarce drocrmn Attorney for owner Cristina Echarte B ochin , being duly sworn, deposes and says thar. no is the (Owner) (Attorney or Owner) of the real property, described in answer to question t1, above= that he has read the foregoing; answers and that the same gre 'true and complete; and ( if acting as attorney for owner) that he ha authority to execvtr this Disclosure of Ownership fora an behalf of the r. SWORN TO AM SU � before M this day of NY MerSm Ei 1wit u r{ I • 91--, 178 11 STATE OP FTZP.= Y OF amj r S t# a 1 OdWen er Attaatitr MAMC6 ►6*#A A• 0 of ''Know all lain By Best Presents That Grace (Cantor) Maslow, as to an undivided 25% interest ha s made. constittled and appointed. and by these presents do es make, eonstittle and op - point CRISTINA ECIIARTE 13ROCIIIN trite and lawful allorney - for herself and in her name. plate and stead to submit an application, prepare all paperwork, make all appearances and do anything that may otherwise he necessary in connection with applying for a special exception for the premises described as: SEE ATTACIIRD EXHIBIT "A" giving and granting unto CRISTINA ECIIARTE BROCIIIN said attorney /till potter and authority to do and perform all and every act and thing mhalsoeirer regtiisile and necessary to he done in and about the premises as fully. to all intents and purposes. as she might or could do if personally present. u►ilh full power of substitution and revoration. hereby ralilying and rohfirm- ing all that CRISTINA ECIIARTE BROCHIN said attorney or her substitute shah lawfully do or cause to be done by virtue hereof. hn itntss WWtof, I hate hereunto set my hand and seal the ,4 day of October. , in the year one thousand nine hundred and ninety. and delivere in the presence of ........._.. ............... .4... .... ....... . ..................00. &T.) Matt of County of It It 1010n, That an the �- 1. day of thousand nine hundred and ninety . before me. a Notary public .. in and for the State of,�,.. dutly commissioned and avorn, dwelling in the one personally came and appeared XRAL.{ to me personally knorpn, and knott►n to me to he the same persons described in anti tpho everttted the ttrithin poorer -of attorney, and acknotoledged the within pouter of attorney to be deed.. b-� 1 7 it `�n�ony�'tof, t hrttle hereunto stubarribr my riamr, and qXre, t to treat of lafoll� the slay anti yfar l/rxl aharlpw ► i �l41aa n ni IIA T (+`t. . ' +a 1 �' i' r�t. aq t 7 , t MOWNA Oi AITM%mty • • MAMeG I011M At Power of Rtto racy low M Dun By But ?resents That Theresa Cantor, as Personal Papresentative► of the Earle Cantor Estate► as to an undivided 25% interest he s made. constituted and appointed. and by these presents do es make, constitute and op - point CRISTINA ECHARTE BROCHIN true and lawful attorney' for herself and in her name. place and stead to submit an application, prepare all paperwork, make all appearances and do anything that may otherwise be necessary in connection with applying for a special exception for the premises described as: SEE ATTACHED EXHIBIT "A" giving and granting unto CRISTINA ECHARTE BROCHIN said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises as fully. to all intents and purposes. as she might or could do if personally present. with full power of substitution and revocation. hereby ratifying and confirm- ing all that CRISTINA ECHARTE BROCHIN said attorney or her substitute shall lawfully do or cause to be done by virtue hereof. ht WIt!m bit mf, I have hereunto set my hand and seal the �4 day of October . in the year one thousand nine hundred and ninety. Sealed and delivered i the presence of . _......... L.... . .. ....-------- At* Mate Of Florida (QUnty Of Palm Beach g r�L- S.) Ik it KOOIUIl, That on the 2nd day of October one thousand nine hundred and ninety . before me, a Notary Public in and for the State of Florida duly commissioned and sworn. dwelling in the City of Boca Raton personally, came. and appeared Theresa Cantor to me personally known. and known to me to be the same persons described in and who executed the within power of attorney, and she acknowledged the within power of attorney to be he act and deed. � 1-- '� 7 8 y pf, I have hereunto cribed my n�tne and eJJiace1 my seat of ofJle�r ..` the dogsand year fI bo ...,.,. ` M�tTARY �11�1.1�. ��t FWRI�A. -`•- A, *. ��.. ��C• ,. .�;. •.f �. �i.� kw �n.•Mee�AM f1rMAE.6�PRII 90- 1!9' Fief . AI?Y Ri,T$I;�t, . S �bfiE� �; � r • �f' .. �. '. ibWRN dM' AR'PONNtiI NAMCO 1#04M At �nwer of Attorney Know IM vim By 71Mt rMMIS That Randolph W0insier, as to an undivided 50% interest ha s made, constituted and appointed, and by these presents do es make, constitute and ap- point CRISTINA ECHARTE BROCHIN true and lawful attorney for half and in his name, place and stead to submit an application, prepare all paperwork, make all appearances and do anything that may otherwise be necessary in connection with applying for a special exception for the premises described as: SEE ATTACHED EXHIBIT "A" giving and granting unto CRISTINA ECHARTE BROCHIN said allorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to j be done in and about the premises as fully. to all intents and purposes. as he might or could do k 1 if personally present. with full power of substitution and revocation. hereby ratifying and confirm- ing all that CRISTINA ECHARTE BROCHIN said attorney or her substitute shall lawfully do or cause to be done by virtue hereof. In UUM Vlt mf, I have hereunto set my hand and seat the 3 4j day of October . in the year one thousand nine hundred and ninety. Seaftd.a delivered in the presence of state of lVrw K loamy of N K, (A v It It ltt UMp Thal on the thousand nine hundred and ninety day of G1-0 RIZ one . before me. Mq i ivVV /T — 5 iZ a Notary Public in and for the State of %VEvL' YVA)e duly commissioned and sworn. dwelling in the Co v N"�y v F ll.'��- ;Sa ✓ personally came and appeared ti 0(.L t)1} - iti'cl ' �l fL to nee �" personalty known, and known to me to be the same persons described in and who executed the within power of attorney, and }1a.. acknowledged the within wer of attorney to be ad and deed, 178 I 1 have hereunto subseri d my me d a axed at of o fire, the daft and year last abolls u►rf'tlen NI�AI+IA. r Q Pub ►P:,ASr;' ..a i MT -4 I I EXHIBIT "A" — I All that portion of Block 21 lying West of Florida East Cost Railway Company's riyht- of�-way of Johnson & Waddell's Addition to CITY OF MIAMI, Florida, according to the Plat thereof, as recorded in Plat Book Be at Page 53 of the Public Records of Dade County, Florida; AND All of Tract 19A, Block 21 of RE -FLAT OF JOtiNSON & WADDELL'S ADDITION, according to the Plat thereof, i I as recorded in Plat Book 50, at Page 15, of the Public Records of Davie County, Florida. 1 - 1 } 1 lr r JT- i n m ,i r_ ^t f, _ wt N } 5 of 19W NORM MIAMI AVENUE 0 MIAMI. FLMICA 22) 36 • 1205) 573.8700 WHOLtsALE IMPO T • Expa" TELEX $25104 IUMr MW Novwber 7, 1990 TO WHOM IT MAY CONCERN RE: CAMILLUS HOUSE'S POSSIBLE NEW LOCATION AT NW 19 Street AND M ami Avenue - 21= WILL BE TWO n AS F1OISD1S s 10 5:30 PM (WED) NOVEHM 14o, 1990 ISAAC MNTZ S C.P.A.. OFFICE 573-6640) 2742 Biscayne Blvd Miami, Fl 33137 This will be a strategy Session. It is important not only to meet your E neighbors but to discuss the very big problems that loom ahead if "Camillus House" naves into our area. — 2. 7 PM (MM) WMW 1 19, 1990 AT MUM cm HALL I Miami Oatmdssicaers Chambers 3500 Pan American Drive Miami (Coconut GLvve), F1 This is a 7minq Hearing and as many voices against the Camillus House mavirq i to our area, the Betterl Each speaker will be given about 5 minutes Let's all say a few words. i 3 Please plan your time to attend these important meetings. You are not only helping yourself but yaw ==mity as well. Thank .you. i ' Very truly yours ONTVEFM HOME PXXXX.75,111C _ Alan D. Savitr 4 Pre+sc�ent ,X ` rk r 0 41. RATIFY MANAGER'S ACCEPTANCE OF APPRAISALS FROM LEE H. WARONKER, WARONKER AND ASSOCIATES, INC. AND LEE V. CHAS1`AIN, CHASTAIN APPRAISAL AND CONSULTING, INC. - FOR APPRAISALS OF FEE SIMPLE AND LEASEHOLD INTERESTS FOR 700=22 AND 726-32 NE 1 AVENUE'(CAMILLUS HOJSE). REJECT COUNTEROFFER PROPOSED BY BROTHERS OF THE GOOD SHEPHERD, INC. - FOR ACQUISITION OF LEASEHOLD INTEREST IN PROPERTY AT 700-728 NE 1 AVENUE, AND FEE SIMPLE INTEREST IN PROPERTY AT 732-740 N.E. 1 AVENUE ("CAMILLUS HOUSE") - OFFER TO PURCHASE CAMILLUS HOUSE FOR $1.2 MILLION, WITH STIPULATIONS. R 90-111 2/7/90 85-106} t 47. DTSC'.1SR r-�...•.-n.,� ..,... - .. _:. _ -.... v....i.ua. v, .z a%;- RITCHZ:r ;L C41 N v i .C;- STREET (HOT MEALS PROGRAM ORGANIZED BY BROTHER HARRY - CAMILLUS HOUSE). DISCUSSION 3/8/90 116-123} { 'i 1 24. DISCUSS AND TEMPORARILY DEFER PROPOSED RESOLUTION AUTHORIZING MANAGER TO MAKE AN OFFER AND EXECUTE AN AGREEMENT OF PURCHASE AND SALE WITH THE BROTHERS OF THE GOOD SHEPHERD, INC. - FOR ACQUISITION OF PROPERTY AT 700-1 28 AND.732-740 NE 1 AVENUE (CAMILLUS HOUSE'). DISCUSSION 6/7/90 75-88) { 24.1 (Continued Discussion) AUTHORIZE MANAGER TO MAKE AN OFFER AND EXECUTE AN AGREEMENT OF PURCHASE AND SALE WITH THE BROTHERS OF THE GOOD SHEPHERD, INC. - FOR ACQUISITION OF PROPERTY AT 700-276 AND 732-740 NE i AVENUE (CAMILLUS HOUSE) - AUTHORIZE CITY ATTORNEY TO PROCEED TO CLOSE ON SUBJECT PROPERTY AFTER REVIEW - AUTHORIZE MANAGER TO EXECUTE SOCIAL SERVICES GRANT AGREEMENT WITH BROTHERS OF THE GOOD SHEPHERD, INC. AND TO ISSUE REVOCABLE PERMIT FOR USE OF SUBJECT PROPERTY FOR DESIGNATED TIME PERIOD. R 90-436 6/7/90 89-99) , { Report Title:' Folder: 1990 Search KegWord: camillus and house Records -Found: 5 Pages of Data: 2 Report Completed: Fri Nov 9, 1990 12:08-PM The following resolution was introduced by Commissioner De Yurre, Who moved its adoption: RESOLUTION NO. 90-43 A RESOLUTION RATIFYING THE CITY MANAGER'S ACTION IN ACCEPTING THE APPRAISALS OF LEE H. WARONKER, WARONXER AND ASSOCIATES, INC. S LEE V. CHASTAIN, CHASTAIN APPRAISAL 6 CONSULTING, INC., BOTH MEMBERS OF THE AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS, AT A FEE OF $4,500 AND $5,000 DOLLARS RESPECTIVELY, 'FOR APPRAISALS OF THE FEE SIMPLE AND LEASEHOLD INTERESTS FOR PROPERTY LOCATED AT 700-22 AND 726-32 NORTHEAST FIRST AVENUE, A/K/A CAMILLUS HOUSE PROPERTY1 ALLOCATING FUNDS, THEREFOR FOR THESE APPRAISALS FROM CAPITAL IMPROVEMENT PROJECT NO. 322056, "CAMILLUS HOUSE LAND ACQUISITION" AS PER ORDINANCE NO. 10642. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Mayor Suarez, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: Commissioner J. L. Plummer, Jr.. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: I vote no because I don't think they were done properly. COMMENTS MADE AFTER ROLL CALL: Commissioner Plummer: Now, the question resolves, Mr. Mayor, we have the appraisals. What the hell are you going to do with them? ------------------------ 44. RATIFY MANAGER'S ACCEPTANCE OF APPRAISALS FROM R.G. DAVIS AND ASSOCIATES, INC., AND LEE H. WARONKER, WARONKER AND ASSOCIATES, INC. - FOR APPRAISALS OF FAIR MARKET VALUE FOR MELREESE AND MIAMI SPRINGS GOLF COURSES. Mayor Suarez: Item 31 - that's what I'm going to do! Commissioner Plummer: No, no. no. What are we going to,do with them? Mayor Suarez: I'm going to go on to item 31, which ... Commissioner Plummer: What are we going to do with the appraisals? Mayor Scares: I'm going to go on to item 31... Commissioner Alonso: Keep them in a file. Mayor Suarez: .,.which is ratifying the City Manager's action accepting the appraisals at your favorite item, which is the golf courses. We have a motion. Why are thee* so much higher? Why are golf courses so Much higher to Mayon Suarers Is that about the acquisition of what used to be the Rescue Mission's property? Commissioner Plummer: When we acquired... Mayor Suarez: 'We paid them good money not as a loan. We just paid thew, and us paid them a bonus over the highest appraisal. In fact it was characterized as relocation costs, that's what. Commissioner Plummer: Mr. Mayor, with the proviso that if they ever vacated the premises, that the City of Miami got its money back in the form of the sale. They're asking... Mayor Suarers Oh, because they were going to build a new facility. It •isn't clear that Camillus House is going to build a new facility at all, and a lot of people don't want them to build a new facility in the area that they're planning it. I'm not sure we want to get into that in this case - Commissioner Plummer: Well, we agreed on that issue. Mayor Suarez: No, we try to keep one separate from the other. Commissioner Plummer: Well, I'm saying is that I'm putting it on the record, Mr. Manager - Hello? Mr. Odio: Yes. Commissioner Plummer: - that if you do that for the Camillus House, the Rescue Mission, in all fairness and interest, are asking for the same. OK? And I don't know how you can deny it. Mayor Suarez: On item 30, can I get a motion to pay the appraisers, please. Moved. And, by the way, the fees are beginning to look a little 'bit more reasonable on appraisers. I've seen eight and $10,000 fees, which don't make any sense to me. Commissioner Plummer: Can I ask a question? Mr. Williams: We're actively competing them, Mr. Mayor. Mayor Suarez: Thank you. I was hoping _there'd be some competition because we're getting quite a few appraisals. Commissioner Plummer: Can I ask which one of the appraisers gets the forty- five hundred? Was that the 800 appraisal or the million -three? Mr. Al Armada: Mr. Waronker, who is the lower appraiser gets the $4,500. The higher one gets $5,000. The one that came up with a higher figure: .Commissioner Plummer: And that is Chastain, Chastain appraisal. w Mr. Armada: Lee Chastain, that's right. — Commissioner Plummer: And he's a local company. Mr. Armada: Yes, sir, he's a local company. Mayor Suarez: All right, do we have a motion and a second? That's right, we pay them mote if the appraisal oames In htghwrl All .right. Ms. Hirai: We need a second, Mr. Mayor. Mayor.Suarez: I think we do have a second. Commissioner Plummer, A half a million difference, between 800,000 and a million -three. Mr. Odio: I was there today, during lunchtime.; and we need to do something fast. Commissioner Plummer: For what? Mr. Odio: Because we have a huge investment in Overtown - Arena Towers, etc. We need to move it. Commissioner Plummer: You know my feelings. There's no way I'm going to give them $2 million. Mr. Odic: Well, but you already voted and you lost, so we go ahead and move it. Vice Mayor Dawkins: OK, item 30 is to... Commissioner Plummer: Let me tell you something. I voted against it, but the federal government says, "Hey, Plummer ain't so far wrongl" Mr. Odic: No, but - Commissioner Plummer: That's why you're back here! Mayor Suarez: But one appraiser says you are, so, in any event, we have to pay both of them. Commissioner Plummer: No, no, no. That appraiser doesn't say I'm wrong. . Even he is at a million -three. Mayor Suarez: Right. Commissioner Plummer: You're giving them $2 million. c.. Mayor Suarez: We're giving them a million -five. ii Commissioner.Plummer: You're giving them $2 million of taxpayers' money. i; Mayor Suarez: And we have to pay them relocation costs in accordance with the ilaw... Commissioner Plummer: You're giving them two million dollars! { Mayor Suarez: ...and Camillus House is very difficult to relocate. In fact, they're impossible to relocate. Commissioner Plummer: All right, now, Mr. Mayor, in all honesty - j Mayor Suarez: Anyhow, but that's not what's before us, J.L. What's before us is paying for... Commissioner Plummer: Whoa, whoa, whoa. Mr..Manager? ( Mayor Suarez: Please, in the back, in the back of the chambers...I We're going to have to move an officer over to that side' or else get Carl Goldfarb out of there. Commissioner Plummer: Mr. Manager, I have received a letter from the Miami Rescue Mission. Mr, Odic: Yes, sir. Commissioner Plummer: In the interests of fairness that they are asking to be treated as you are proposing to treat the Camillus House. And I don't think ' this Commission could do anything less. What they're saying is, we gave them money on a basis of a loan if that place over went under. You're not doing t#at with C&Milluris House, and they're asking that if that's whet you extend to Csmillus Hoy#e, that you extend it to them. at.'-7 8 oili I; r v+ . h fk 159 Janvlarq lla 39 C i s 0 i.i.wrrnrw:fi.rwr..w�wY.r wrrr.r.....nrwrww:rw w..wr.----- .ww----------------I------- .r�.rw..�rr.aYc��rar 43. RATIFY MANAGER'S ACCEPTANCE OF APPRAISALS FROM LEE H. WARONKER, WARONKER AND ASSOCIATES, INC. AND LEE V. CHASTAIN, CHASTAIN APPRAISAL AND CONSULTING, INC. - FOR APPRAISALS OF FEE SIMPLE AND LEASEHOLD INTERgSTS FOR 700-22 AND 726-32 N.E. 1 AVENUE (CAMILLUS HOUSE). -------- --wwrw—ww--.r------------w--w---------- ------wwarwwn.wwrrwww Mayor Suarez: Item 30. Mr. Odio: To ratify the action taken... Commissioner Plummer: I move to deny. Mr. Odic: Excuse me - for the appraisals of Camillus House, that we have to go out Orr an emergency basis so that we could finalize the leasshold'- Commissioner Plummer: Are you sure that those two appraisers were both looking at the same piece of property? Mr. Odic: That's a gcod.questicn. Commissioner Plummer: No, I'm being serious. Mr. Odio: Yes, they were. Commissioner Plummer: One came in at what? - 800,000 and the other one came in at a million -two. Mr. Odio: Three. Commissioner Plummer: A million -three. Mr. Odic: Yes. Commissioner Plummer: Hoar in the hell can two A.I.A. appraisers come in at almost 40 percent difference? Mr. Odic: 'I don't understand. We're trying to review the lowest one and find out what happened, there, but that's what they came in - Commissioner Plummer: Hey, forget about that. You know my thoughts on Camillus House, OK? Mr. Odic: I don't want to hear them again. 'j Commissioner Plummer. But the point I'm trying to make is, how can two appraisers be that far apart on one given parcel of property? Mr. Odic: We are asking them, now. Mr. Ron Williams: Commissioner Plummer, we took a look at that and it appears that one of the appraisers took a far broader sampling, i.e., I tbink, 30 parcels - 20, as compared to 10 - and, therefore, he obviously took in a wider } area- and`,' therefore, the comps. came back higher. Mr. Odic: We'd just like to... Mr. 'Williams t We'rs 'doing a rev ew ng 'oTappraisals. Co missioner Plummer: We're doing a what? Mr. Williams: What we call a reviewing of appraisals. Mr.Odic: I would like for you to approve this - Cow.4faioner _Plummer: A half a :pillion dollars difference. go=Losicasr Aloasoi Mow much? AIMS: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonzo Vida Mayor Miller J. Dawkins NOBS: Mayor Xavier L. Suarez ABSENT: None. COMMENTS MADE DURING ROLL CALLS Mayor Suarez: I'm going to vote no on the deferral because I'm satisfied, but I understand that my brethren want to get more information, that's... 13. REJECT COUNTEROFFER PROPOSED BY BROTHERS OF THE GOOD SHEPHERD, INC. - FOR ACQUISITION OF LEASEHOLD INTEREST IN PROPERTY AT 700-728 N.E. 1 AVENUE, AND FEE SIMPLE INTEREST IN PROPERTY AT 732-740 N.E. 1 AVENUE ("CAMILLUS HOUSE") - OFFER TO PURCHASE CAMILLUS HOUSE FOR $1.2 MILLION, WITH STIPULATIONS. Mayor Suarez: Resolution, item 13, authorizing the City Manager to execute an and to agreement, purchase and sale, Brothers of The Good Shepherd for the acquisition of the fee simple interest and leasehold interest in the property located at 700-726 NE 1 Avenue, also known as Camillus House, right? Commissioner Plummer: Mr. Mayor, I question, should we hear this now, since item 28 is also I think in reference to the Camillus House, or is it just the homeless situation? Mayor Suarez: I think they are dealing with the whole issue of a homeless - coordinator and all that. Vice Mayor Dawkins: Why don't we take this one up now? Commissioner Plummer: Mr. Manager, for the record, you had two appraisals, a second time, is that correct? — Mr. Odio: Yes. Commissioner Plummer: All right, the low appraisal was how much? Mr. Odio:_ $800,000, I believe. Commissioner Plummer: And the high appraisal was...? Mr. Odio: $1,300,000. Commissioner.Plummer: $1,200,000, I heard. Commissioner Alonzo: Two. Commissioner Plummer: $1,200,000. Mr. Odic: ,A million two point something. rrarw►t,..i.,n..,. P!:m*er: So than the avara=a of the two apprai..i* is $ltOOO,000, is that correct? Mr. Odio: Yes. Commissioner Plummors OK, now, tell me what does this amendment today have an far as... are we still on the some negotiated of being a contributor and benefactor of $2,000,0004 Mr. Mai The purchase price is a million... Cos issiot er Hummers No, sir, the total. cost. 17'� Mr. Olio; The total cost is $1,5Oo,000. Y t� er�y0 k Cofthissioher Plummer: And? Commissioner Alongot Pius? Mr. Odio: Pius we would give them $100,000 a year towards the... Commissioner Plummer: All right, I'll ask my question again. What is the total cost of the taxpayers to close the Camillus House deal? Mr. Odio: $2,000,000... Commissioner Plummer: $2,000,000. OK, call it what you want, whether it is a supplement, or whatever, the cost to the taxpayers is $2,000,000, based on what is the agreed average of the two of $1,000,000. Now, just for the record, they are proposing to move the Camillus House a block and a half from the east to a block and a half west of the arena. Am I correct? ' Mr. Odior It's next to Lummus Park, in that area. Commissioner Plummer: Is that not, Mr. Bailey, a block and one-half... Mr. Bailey: From the arena. The new site... Commissioner Plummer: Yes. Mr. Bailey: On the west side of I-95, it's about two blocks. - Commissioner Plummer: All right, two blocks, all right. So instead of moving out of the area, they are going to move from a block and one-half east to two blocks west of the arena. For all practical purposes, they are not moving out of the area, correct? Mr. Bailey: That is correct, Commissioner. That's one.. Commissioner Plummer: Now, part of this money and their proposal, was to establish satellite serving stations, correct? Mr. Bailey: Feeding stations. Commissioner Plummer: Of which they now have established one at 6th and' Flagler in a church and my phone has been ringing off the hook saying',"Whyjo i are you taking` a bad area and waking it worse?" 'Now. I dGp't underattnd, for the life of me,, the Rtseve` Misaiian&_ - >�ioa dealt with, tid' In tact - i or", rnevee twat downtowa': _ use. there is ae disturbed. I don't understand for the life of me, rat and foremost, how we can give someone $2,000,000 for $1,000,000'of value'. _ Second of`all, 'they are not'moving out of the downtown, they are moving from one '°side of the arena to the other side and I just want to remind the Administration, in all interest of fairness of the letter I received from the Miami Rescue Mission asking to be treated just as fairly as you could or could not treat the Camillus House, that we made a provision in their contract, that if for whatever reason, any day they vacated those premises, that the City got { i its money back in the form of a loan. From my knowledge, that is not being proposed with Camillus House. In all fairness, if this passes, I am then_ going to offer a motion that in fact you deal with both in equal terms, especially the 'one who moved, out oE- wea •at Iw not created • rofiis�. Mayor Suarers vice Mayor Dawkins. Dice Mayor Dawkins: The last page, which it looks, there is an addendum, first you've got to delete "H" or "K," because they are both the 'same thing`' i i "H" and "K", 'Now, problems with it is, it says the property is currently used to provide overnight shelter for approximately 100 persons and a daily meal { for over 1,000 persons, Within 12 months after the closing date, the seller shall discontinue the daily meals services for any but residents of the facility, when will they finally, "permanently and forever move?' Beciusef; according to this, all it says that within 12 months, they will be down to feeding only the people who reside at the facility, but nowhere here do Qu r G`ell me when the facility will move pemannently, {r 86''ebruasy' r . Commissioner Plummer: Well, Mr. Dawkins, may 1 interject something here? i think it has to be remembered that presently the facility as even proposed cannot be built becauseitdoes not conform to zoning and it will have to go through a complete zoning application which I'm assuming, would take, Mr. Manager, six months under normal conditions. Soyou're talking, and that's it are give them another piece of property to use for a parking facility. That's across, as I understood it, the parking that they wanted is on a piece of property across the street and that's what they need for compliance, am I correct? Mr. Odio: Well, true, but the issue is also that the people that use this facility don't have any cars, you know. Commissioner Plummer: Well, that's not the point. To comply, they've got to have it. Vice Mayor Dawkins: Can I get an answer to my question? Commissioner Plummer: OK, I just wanted to give you that. Vice Mayor Dawkins: Thank you. Can I get an answer to my question, when will Camillus House cease to operate where they are operating? Mr. Bailey: In the addendum, Commissioner, it is not clear. In fact does not even address the point. The item you just read was from the addendum submitted as a negotiating point with Camillus House. Our contract originally stated that they would be out of the facility and location within 18 months after the date of purchase. Vice Mayor Dawkins: OK, but see, that's not in here. Mr. Bailey: I know. You are correct. The addendum would nullify that provision in our contract and we accept the addendum, yes. Commissioner Plummer: I'd like to offer them $1,000,000 and let them run. — Vice Mayor Dawkins: That's right, this would. Yes, all right now, the second part, and under no circumstances am I as a person going to vote for it, but there ,again, I can vote for the rest of it. It says here any hazardous material, in the event the purchaser determines that there is hazardous material, waste or toxic substance found in or on the property, purchaser, which is the..City of Miami, as an alternative to voiding this agreement, may _ take any corrective actions to void this. agreement, no, I mean, -to remove or eliminate this material at its own cost. Mr. Bailey: That is a concession, Commissioner, we could recommend, that would not have any additional cost to the City, because when we bid the site out, once we acquire it and put it out for development, we can pass that cost onto the developer. Vice Mayor Dawkins: OK, I go by there... Commissioner -Plummer: Wait, whoa, whoa, excuse me. Commissioner Alonso: What about the payment for the testing? Vice Mayor Dawkins: Go right ahead, J.L. Commissioner Plummer: Wait a minute, what happened to us across the street? How much snoulo we pay over there when this developer or somebody covered it over with a bulldozer and that we paid $160,000, was it? Mr. Dailey; That is correct, Commissioner. We did not have the provision that passed the obligation to the developer in that lease agreement. We can adjust it in a new leas• agree.., Commissioner Plummer; But we are buying... you don't think a developer is going; to coma in theme today and accept that property without that provision of hazardous waste. '441107; We could do that, because we make payment up and down. 67 PEA Ms. Linda Kiersons but the Commission needs to be made aware that although us den pass along the cost, we can't pass along the liability and that's a ' concern. If there hazardous material on the property, everybody is liable. Mayor Suarez: Everybody in the line of succession is liable. Vice Mayor Dawkins Say what now? Ms. Kiersons That's right, everybody is liable. Vice Mayor Dawkins: All right. Ms. Kiersons While we may be able to pass along the cost of the removal, we cannot pass along the liability associated with the environmental hazard. Vice Mayor Dawkins You have answered my question, OK? Why should I allow Camillus House to pass on to me its liability, whatever it may be, for a part of removing this toxic material. Mr. Bailey: They were not... Vice Mayor Dawkins: Wait a minute, Mr. Manager, wait a minute. The City Attorney just said, sir, that you cannot pass on your liability. So what we are doing, we're telling them because we are benevolent, and J.L. always says., you got the taxpayers' money, you know, you don't have to pay it, we'll gat the money. Mr. Baileys Commissioner, I'd just like to make a clarification on what she said, and we both heard the same thing. If that applies to us, it also applies to the previous owner. That means they still are liable regardless of whether or not we take it on. It goes back to the original owner and sometimes all the way back to the person who caused the pollution; if you can. _ind uuL whc theq were. Commissioner Alonso: Was the law in effect? Commissioner Plummer: Herb, why would the City not demand that they give us a certificate that thare are no hazardous wastes and that can be determined. Mr. Bailey: I would say we should demand that. I think what we are dealing, here with now is a matter of... we are dealing with.an emergency., we are dealing with the problems of downtown, we are dealing with a lot of things with which there are... Commissioner Plummer: What is the emergency? _ Mr. Bailey: Well, we have people who... Commissioner Plummer: To move them a block and one-half to two blocks? Mr. Baileys No, no, we have a lot of concern on the part of an existing developer and future developers and people who are tenants that are very. concerned about their environment that Camillus house creates. We have been> dealing with this for three or four years. Commissioner Plummer: What is the difference environment if they can ;look from the 15th floor over straight down or over cattywampus and see the same dsmn thing? Mr. Baileys It's not the some thing, Commissioner. Mr. Odio: Commissioner, the proposed... Mayor Suaraz: It's a whole different kind of facility over there. We've gone through this already. Everybody knows bow we feel. Mr. Odics The proposed site will only house ls0 residents. } Comissioner Plummer; Mr. 04LO, let nee tell you something, my friend. You are ; very practical man, but let as tell you what you are overlooking_. Y site they presently have only houses loc. It doesn't spook to the 300 ea th -� 178, �� February ? 1Q0� f H X i sidewalk that you tell me cannot be removed and you know as well as I do the minute that new facility is established, you are going to have the same problem there that you've got over on 1st Avenue, There's no way you can stop it. If you would, you could stop it today and .it wouldn't even be a problem before us. . Mr. Odios Well, that's one slight... Commissioner Plummar: How would you stop it tomorrow? Just because they have a new facility, doesn't mean that there are not going to be 300 people•on the sidewalk. Mr. Baileys Commissioner, they are just... Commissioner Plummer: You can't guarantee me that. Mr. Bailey: We can't guarantee that, no, but... Mr. Odio: No, we cannot. Mr. Baileys ... but that one is quite different than the new operation. They will not have the feeding, the soup kitchen. Commissionar Plummers Oh, I understand that. I understand that. Commissioner Alonso: Yes, because we are just changing the location. Now it is going to be in Little Havana because right here in this building they are going to start serving 200 people according to what they say, but we know quite well that it is going to be much more than that. Vice Mayor Dawkins: Mr. Mayor, just a minute, I beg to be excused, because the last time we discussed moving things from Little Havana to different places, I spoke up and than I got placed in the papers, so I don't even want• to be here. Commissioner Plummer: Miriam, excuse me... Ms. Kiernan: Vice Mayor... Mayor Suarez: Let the record reflect that any comment from this moment forward does not include the voice of Vice Mayor Miller Dawkins that can be attributed to his Blues Brother, J. L. Plummer, or anybody else. Commissioner Plummer: This is only the first of many places that they are going to use. Commissioner Alonsor I know, I know, and the problem is, how in the world the City of Miami will pay $2,000,000 for this property and then create problems all through the City of Miami by allowing this to be the case. We know quite well that East Little Havana has had enough problem. Ve did a study in '$I- 's2, and we say that area could not stand any more problems. It is one of the worst areas In the City of Miami and we are just sending more problems to that area. i don't know how can we possibly explain this. We are not resolving the problem of the Camillus House. We are paying $2,000,000, we are creating more problems 'for the City. What are we doing? G Mr. Bailey: May I explain for a minute, please?. She had a question, go i ahead. Commissioner Plummer: Let me correct a statement you made. They are going to 'be -feeding at that facility,- supposedly only the occupants of the structure, but they are going to be feeding. Mr. Bailey: All right, that would be sort of a halfway house, which... Commissioner Plummers You said that there would no feeding. There will be! =ez Mr. Bailey: No feeding lines. There will be no feeding kitchen. Commissioner Plummer: Well, you didu't say that. 09 T -- Mr. Sailey: Weil, I stand corrected. That would be no soup kitchen for which you have the general public coming. Can I make one statement? Camillus House... Mayor Suarez: May, to Herb, wait a minute, we've done this calculation before, but just so that Commissioner Alonzo, in case she hasn't heard it. Camillus House, typically, and I think I am right on this figure, feeds as many as Sao people a day. .Mr. Bailay: 1500. Mayor Suarez:... with 60 beds, so it works out like 15 to 1, or 16 to 1 and the idea is that that kind of functioning is not recommended any more'by the homeless coalition, by anybody who is trying to deal with the homeless. Presumably the new facility would feed only the people who are residing there and in fact will be preempted by our zoning laws from feeding anyone also. Commissioner Alonzo: ?es, that will happen in that area, but what about in the other areas of the City? Mayor Suarez: Then we have to of course deal with the efforts to decentralize the feeding of people who are homeless. We have to deal with the. homeless anyhow, I mean, they shouldn't be homeless. Commissioner Alonso: Well, as a matter of fact, we are not really dealing with the problem, that's a fact. Mayor Suarez: We're not doing a real good job of it, we are improving, let me tell you. Mr.,Bailey: I would just like to make a statement for the record. We are not recommending and we never have recommended that Camillus House move anywhere. We are only recommending that we buy the facility so we can have the site. In terms of what rwighhe+ rhood will accept and will not accept, I'm pretty sure 1 that the political concerns and pressure that s been exerted in other neighborhoods can be exerted in Little Havana and I'm pretty sure that if that kind of resistance is there, they will not move. We're concerned about buying the facility and moving there. Where they move is their problem. Commissioner Plummer: No, Lt's... well, it's their problem until it gets to our level. Mr. Bailey: Well, no, I'm saying, you are going to have that problem regardless. They are going to move eventually. We are not advocating, that they locate'to anybody's neighborhood. That neighborhood has:to :wake that decision. and that decision will be made the same way that they have not been able to make a decision on any other neighborhood, because the moment they select one, they come here and the people in the neighborhood protest,, and they don't go. If everybody protests, I don't know what may happen, but our concern is to buy the facility and move them. Commissioner Plummer: I still, for the life of me, can't understand how you are, going to take 42,000,000 of taxpayer's money to buy a... Mr. Bailey: The Commission made that recommendation, we didn't. Commissioner Plummer: ... piece of property that in appraised at $1,000,0001, Mr.. Bailey: We did not recommend $2,0009000. Mr. Odio: Commissioner, that agreement... Vice Mayes Dawkins: J.L., you are not being consistent. Or. Odio: Being consistent, the Commission negotiated that agreement. _- Mr. Bailey: Absolutely, we did not, as you remember. Commissioner Plummer: No, no, excuse me, just for the record, and -I'n not casting. any aspersions. The Commission, Commission 0R Turre, and I;respsct his, nsgotiating... three votes of this Commission voted to give them thjkt, Twa, votes of this Commission said no Way, OX? go iet's.umeke the racord;4leat. .; 90abruar,, 1990 Mr. Odiot All we did here was bring... Commissioner Plummert There is no way that I am going to give anybody $1,0006000 more than they are entitled to. Mr. Odiot No, what we did here is bring back an item that... Commissioner Plummert I'm not finding fault with you. The Commission instructed you. Mr. Odics This is already negotiated. This is an agreement that was already signed by Camillus House and all we are doing here is saying, let me allow to close, based on what you passed. Commissioner Plummert And let me tell you, I do not find in here the provision that was put in at my request, even though I was on the losing side, that the money that they derive from this had to be spent in Dade County addressing the homeless issue. I don't find that, OK? Mr. Odio: That was a condition that I remember and should be incorporated. Commissioner Plummert I haven't... Will somebody show it to me? Mayor Suarez: That's fully agreeable, it is fully agreeable to them. It might go counter to some of the other ideas of hoping that the homeless will kind of leave the County and go away, but... Mr. Odio: I also want to tell you, Commissioner, that the Beckham Hall experiment, which is what it really was... Commissioner Plummer: Is a total loss. Mr. Odic: It is not, it le working very well. Commissioner Plummer: Let me tell you... Mr. Odio: I consider, Commissioner, that if we save ten people that have now jobs and are productive, that was a success. Commissioner Plummert Mr. Manager, you see that's one of the things where you don't go to the meetings that we do. I wish you had been at the Allapattah Community Development meeting .on Wednesday night. One of their biggest problems and one of their 'loudest outbursts was over Beckham Hall of how you have, effected theirarea by bringing these victims of society, Miller... victims of society into their neighborhood, OK? Now, you know, it's the old namby, not in my backyard! I'm saying, lays take, if you want to address the homeless issue, let's take the $2,000,000, start a Camillus House and put them out of business. I just for the life of me don't understand. — Commissioner Alonsot I want to put on record that we are quite aware that we are creating another problem for the City of Miami. Commissioner Plummer: Many. Comsmissioner.Alonso: We going to have different spots<all:through the City of Miami and I want you to be very well aware before you give a Mote here today that when we have people coming back to us and tellin us we have more problems in our community now because we also have the feeding in our neighborhoods and it's going to be all over town. It is going to be starting in 6th and !Hagler, in Mast Little Havana where they cannot stand any more problems, what* the people who can barely survive day by day, because the situation there is horrible, it is called the Vietnamese area and it is not because we have Vietnam these, because we have people killing each other, because we have drugs, because we have all kinds of crime, and it is horrible, the situation and we are telling the people, we want to improve your neighborhood. Is that s the way we are doing it? I can't believe that we are giving $2,000,000 and 'we ars not even facing the issue of the homeless.` as - Mr. ; $atloy: It's a pretty big everything you are saying and I everywhere all the time about whose 11 atatertent I made to Brother Paul some time ago when he said they have a tight to be there and what they are doing there is just in cause and God's on their side. I just had to remind him God is on the people's .side that he just put out of business. He's on everybody's side. It's a big backyard. We have to decide what backyard can we put it in. Commissioner Plummer: Well, achy not... Commissioner Alonso: Mr. Bailey, why not there then? Why are you asking us to move Camillus House? Mr. Baileys We are not asking you to move Camillus House. I'm asking... we want to buy the site now.,. Commissioner Alonsos Are you happy with it? Do you think you can be successful in all the projects that you have there? Mr. Bailey: I will give you some economic figures, if you want to reduce it doom to dollars. This City has already spent, and not counting the $57,000,000 for the arena... $32,000,000. We have $10,000,000 from the Federal government. Commissioner Plummert Where does this $57,000,000 come for the arena? Mr. Bailey: That's from another... Commissioner Plummer: I thought it was fifty. Mayor Suarez: Fifty-two. Mr. Bailey: Fifty-two, it is $100,000,000 all together. I may have a few nickels and dimes off, but we are in the ballpark. We have thirty-two... Mayor 3uarec: Yau know wh.6 i:hay say in Cwngreus, a biliio,, dvliars here, c billion dollars there, pretty soon you are talking about real money! Mr. Bailey: But. let me tell you what you are talking about and why some decision has- to be made sooner or later. We've got $32,000,000 of public money from the City of Miami in that location. We've got another $10,000,000 from the Federal government that this Commission fought very hard for, we went to Washington to lobby to get. We got three developers. One developer is .spending $22,000,000, another $28,000,000, another 49,000,000 and we hope„ to get much more. When you look at that and in terms of what we have to do to -make sure that that does not cause. you to lose that kind of money, then you have to realize that we have to make some kind of decision soon. Commissioner its But you see, the problem is, and I've said this to you bef m ••and' S •-1.1°- lay- it _._. voitl&_fael entirely different on the Issue 'and.. Would � abvnt if they were moving out of tire- assea, bat they're sot t Mr. Bailey: The mutter of moving is something that probably has to be addressed in some other arena. I don't know what to do about that. Commissioner Plummer: No, no, this arena, this arena, right here, OK? Now, you got the Ulvation Army, who is b8sicel1L..iabosiatts, they went tffsat up to the warehouse district, around 2Brd iNt•1vanua. You've got --the Rescue Mission that went up to 22nd Street and let Avenue. You don't hear any complaints because there is... Mr. Baileys !Maybe we ought to try to negotiate another site, if we want to " got into that, but you know. Commissioner Plumomors I'd fool a hall of a lot better and I would be willing to go-maore than the $1,000,000. I don't know that I'd go $2,000,000. But to allow them to go two blocks to the west, instead of a block and one-half to the cast, and ,to establish six to twelve satellite serving areas, I don't think are are accomplishing,.. you know, fine, for the Ovortown, maybe we are helping them a little bit, but what in the hell are we doing to Little Havana? What are we dnina to A1lanattah9 Vhat ,r. wa Vice Mayor Dawkins: stow, I visa going to try not to say nothing, hold it, hold it, I was going to try not to say anything, OK? - but what is that little lady's name who came here from Lummus Park, the littl'e... Commissioner Plummer: Mrs. Miller. Vice Mayor Dawkins All right, that lady has been here complaining from day one that we not put this in her neighborhood. That lady brought, who?... Goodman in here, Gutman... to speak on her behalf. Gutman went to Tallahassee in an effort to get some aid of relief and this Commission ignored that lady in totality, but now it is going in one area, we are concerned now about the area. See now, I'll be back in The Miami Herald in the morning, but I mean, so be it, you know? If you can't stand the heat, -got out of the kitchen, OK? All right, see, so now, if it is all right now for that little white lady to come down here and tell you she don't want it in her neighborhood and you ignore her, then you also got to ignore these other Latin Spanish people over here who say he want it, if you are going to be fair, OK? But now I am sure that there are some people who may want it. I don't know, but let's be fair up here if you are not going to be fair, then you know, let's don't pussyfoot around. You know, don't say that you are concerned about one area, we are concerned about the total City of Miami and don't nobody raise no more hell than the other one. Commissioner Plummer: Just for my own satisfaction I've got to put on the record. I brought to this Commission's attention in which the Brothers of The Good Shepherd bought a private home in the Roads section for $185,000 in cash, spent $100,000 in cash to fix up the house and put in a pool, for $285,000. As I announced before, that is my kind of poverty. It is now for sale for 4285,000. Mayor Suarez: OK, Commissioners, we have debated, discussed, analyzed. Commissioner Alonzo was not with us through all of these meetings. I really think that it is time to decide what we are going to do on this and... Commissioner De Yurre: I think Mr. Mayor, that one thing we have to address is,:one of my understandings was, the soup line, as far as the satellite concept was concerned, they would go to existing services that were providing that kind of service. Mr. Bailey: That was for churches. Commissioner De Turret Churches, that were already providing soup lines to feed and they would take on a few extra more and kind of spread it out, and I need to be corrected if I am wrong. My understanding is that these two _ hundred that they are talking about in East Little Havana, that would be a new facility that did not exist there, is that correct? Mr. Bailey: That's correct. Commissioner Plummer: Brand new, it used to be a funeral hone. Commissioner De Turret What, Rivera? Commissioner Plummer: Yes. Vice Mayor Dawkins: What, Plummer's funeral? Commissioner Plummers I wish. Commissioner De Turret OR, is that the case? Hayor Suarez: Well, you are saying that would be. talking about the church that has been built there? Commissioner Alonso: Tom. Commissioner Plummer: It's a brand new facility. mayor Suarez: It is there. Commissioner Plummer: Let me clarify. You are It's just been opened up in the last... 93 Commissioner Aloriso: The church is... trot yet. Commissioner be Yurre: But have they been feeding? Are they providing a dirvice? The concept was that they would not go. into with this concept into any area that didn't already have this type of facilit7.' Mayor Suarezt Well, that's a good question in terms of the toning. I mean, i don't know what required zoning, what zoning you are required to have to be able to feed 200 people. Commissioner Plummer: It's a high commercial. Mayor Suarez: Well, from a church, but I mean I predict... Mr. Bailey: We were not really a part of the new location in Little Havana. Mayor Suarez: This is not anything that we decided ourselves, but what are our guidelines if any applicable to that situation, Herb? Mr. Bailey: Right, in terms of the churches, I understand, to the best of my knowledge that the overture was made to many of the churches throughout the Miami community, there was -not a wide acceptance of the churches to be involved in the feeding. I can imagine, and I am pretty sure they put forth an effort to contact these churches and we just didn't have any takers. As I say... Mayor Suarezt Well, in this particular case... Mr. Baileyt We don't know, nobody wants it in their backyard. Mayor Suarez: But this particular case he's talking about... _ Commissioner Plummer: That's not a true statement. They don't have any p_-:,tlan :.a ►.he watubnuse district, uxt There has not been a single complai�it. Mayor Suarez: You mean because of the Rescue Misslas? Commissioner Plummsrs Me, there is no one there to -ramgisia. :,?iota is ow.-ese there to be disturbed. - Mayor Suarez: The Rssau&- Mission is a different kind of a facility. Commissioner De Yurre: Now, let me finish my second... Mayor Suarez: No, th_e_= don't have a soup kitchen for people that don't live there Commissioner De Yurre: ... point. The second point that I have is that here we are looking out for the economic interest of that neighborhood, of the immediate area, all right? The economic benefit of the owners that own the property in that area, and I have yet to see owners coming here and saying, "Hey, we are Milling to put up dollars to clean the area, you don't ' have to put up all the money. We're willing to go on a partnership type of thing, we are willing to put up money because it is going to benefit us." When Camillus House is gone, all those properties are going to go up in value, who is to benefit if not the property owners that are there right now and yet, they just went to windfall. I don't see them doing a damn thing to help in that process. Now, we come up with the asbestos issue and I'll be damn if I am willing to give another penny, you know, either if there -is an expense thee, they have to pick up that expense. If they are not willing to do that, then we walk ` away from it and let Camillus House be there for eons and that Is the end of that. Mr. Bailey: That's not that simple, Commissioner. No, no, let me respond to that. This City Commission and the County decided' to make that a redevelopment district, we didn't. We were given the task to make it ' work. By the time we got started there, any business that was in that area that bad any chance of succeeding had already gone out of business because of the environment. The only beneficiary now to anything that is'happehing.,fin 'that; -- f IGRSlAR9 I e 1 1 t� That will not be any reinvestment in that area. People who were there, who had businesses, have gone out of business. There has been any number before us, in fact, one of the facilities that Camillus House owns was bought after the Studio of Lighting went into default because they couldn't do business. The property owners there would not benefit, We mould benefit do to redevelopment process, through more taxes, more reinvestment and a relief on some of the services that you have to provide because you have Camillus House there to... Commissioner De Yurre: Herb, are you telling me that once Camillus House is gone, or that Camillus House is not the cancer of that area,. once Camillus House is gone and you've cured that cancer, there is no reason, that is a prime area next to downtown, there is no reason for that area not go up with redevelopment and that property goes up in value tremendously. Mr. Bailey: We hope so, because we'd get a lot of taxes in the trust fund and then we can finish doing the redevelopment. Commissioner De Yurra: Well then, don't tell me that these guys don't have to benefit from it. Commissioner Plummer: Let me ask another question, Herb, and maybe I shouldn't be directing it to you, because I fully understand you're not in the business of the political, which we are. What the hall is going to happen to all of these people? Are they going to disappear? Mr. Bailey: They will not disappear. Commissioner Plummer: They are talking about... Commissioner Alonso: Going where? Commissioner Plummer,: They are going to talk about 100 people. Now, they are telling sz that they feed :,000, 1,500. Whara are these thousand people going to go? Are they going to leave the area? Commissioner Do Yurre: St. Peter and Paul. Commissioner Plummer: St. Peter and Paul? Hey, they've got to go somewhere. Mr. Bailey: The solution to the problem that we have there is a national problem, Commissioner and we're not saying that because we buy Camillus House, we're going to solve the problem of the homeless, the mentally ill, and the — street people. Commissioner Plummer: That's not my point. Mr. Bailey: That's not what we are doing. Commissioner Plummer: My point is that if I accept what they say here, that they are feeding 1,000 people, and I accept that in the new facility they are only going to feed the occupants, which you are roughly 100. Where is the other 900 going to go? Mr. Bailey: They are going to stay on the street where they are. Commissioner Plummer: What? Mr. Bailey& They'll stay on the street just like they were. Commissioner Plummer: And do you know where they are going to stay? They are going to stay right where the hell they are. You know why? That traffic _ light is one of the best in town. They aren't going to move. Mr. Bailey: You Mont have the attraction of the food. That does create more people. Every city in the Country has homeless in this downtown. Well, I'm not saying we are going to eliminate that situation. I'm saying we are going to eliminate a concentration in a specific spot. You are going to have'° homeless all over the City until the problem is solved nationally. We arb,not attempting to solve that problem. We should address it in some other situation, but this is not an effort to solve tho homeless problem. 95 rebruory 11 1990 I Commissioner Plummer: Well, give the then, your justification of paying $2400400 for $1,000,000... Mr. Saileyt I did not recommend that ,and we never would recommend anything above the appraisals that we get, we are bound by administrative order and the Charter to do that. This Commission decided $2,000,000 as a matter of expediency to get theta to sign the agreement. Commissioner De Yurret They want more. Commissioner Plummer: Who cares what they want. Hey, they want the world. Mayor Suarezt Mr. Vice Mayor. Vice Mayor Dawkins: I want to put on the record, we're being unfair to the business establishments in that area, the business people, the downtown people, merchants, all have come forward in an effort asking us and offering assistance in the removal or relocation of the homeless, so don't say that nobody elso is concerned. We do have the downtown merchants and everybody who is willing, to help us. Mr. Mayor, I think he's been trying to say something. Mr. Eladio Armesto: Mr. Mayor. Mayor Suarez: I'm not sure of the relevancy of this Mr. Armesto, but try ua sir, very quickly and briefly. Mr. Armesto: My name is Eladio Armesto. I am here on behalf of the owners of Arena Towers, the two buildings, 17 and 18 story buildings across the street from Miami Arena. Mayor Suarez: There are no owners of Arena Towers other than the developers because those are rental buildings. Mr. Armesto: OK, the developers, let's put it that way. Mayor Suarez: You are representing the developers? Mr. Armesto: Yes, the two corporations, Park West Limited and Park West Investments. Mayor Suarez: Are you a registered lobbyist on their behalf, or... Mr. Armesto: I am part owner of those. Mr. Bailey: 8e is one of the investors, he says. Mr. Armesto: A few months ago I was talking to. Brother Harry, Brother Paul and Brother Jack. Commissioner Plummer: I thought Brother Paul was gone? Mr. Armesto: The problem is a problem of numbers. They only feed there 700 people a day, not 1,000, not 1,500. Seven hundred people a day, that is the soup kitchen. The soup kitchen they have, Mr. Mayor and Commissioners.`.-. Commissioner Plummers Wait, a minute, just for the record, let me correct you to this point. In their document, not ours, and it is not that I pulled numbers out of the air, let me. read to you from the -document. OK? The property is currently used to provide overnight shelter for approximately 100 persons and a daily meal for over 1,000 persons. Mr.'Armesto: 700. Commissioner'Plumassr: That's their document. Mr. Armostos Still, Mr. Commissioner. Mayor Suarez; It varies, it varies. Some days 800, some days 700, some days 1,000. Mr,. Armesto; The maximum is 700, the maxim=. 96 Fsbruar 7, 1990 8 �� Mayor Suarez: The average may be 800. Go ahead. Mr. Armesto: They go from Monday to Saturday. They don't feed on Sundays. Mayor Suarez: That's right. Mr. Armesto: The soup line, you call the soup kitchen line is because they only have a seating capacity of 35 people. They seat 35 people each time and until those 35 people are fed, they don't come out and other 35 go in. Therefore, I went to see several people, even in Overtown and in Little Havana, to get a place to move the soup kitchen. I found this church in 641 West Flagler Street who is willing and able to facilitate the second floor of the building, which is the zoning regulations there are completely met. It is zoned CR-3/7 commercial zoning that allows restaurants, dining rooms, hotels, transients everything is allowed there up today. I went to see the pastor of the church, Mr. Armada. He 'gave orders free, without any charge, without paying any money rent, even one dollar a year, the use of the facility to feed the people there. Why there? Because there will not be any line. Commissioner Plummer: What is the address? Mr. Armesto: 64 West Flagler Street, across the street from the old. funeral home. The congregation owns almost the full blocks in two sides of the street. They own the whole block and there is not going to be any line at. All on the sidewalk because the seating capacity at one given time of the second floor is 1,000 persons. You can sit there in a very comfortable manner... Commissioner Plummer: Are you talking about the old Flagler Street Hotel? Mr. Armesto: No, no, this is a new building, Commissioner. It is a three story building next to the old Flagler Street Hotel, next to the hotel. It is a new building. It is a three-story building plus a parking garage and oven :here you wil! not see any people on the street because at one time 700 people can sit there to receive their meals and the agreement with Brother Harry, Brother Paul and Brother Jack is to send these people over there. They are being fed at one time only and go out. But for your information... Commissioner Plummer: Go out where? Mr. Armesto: To where they came from. Commissioner Plummer: To where? Mr. Armesto: To the moon or the streets or someplace else, but for your own information, the same facility exists right now in NW 2nd Street and the Miami River, where the Salvation Army has five buildings there doing the same thing, even with drug addicts, halfway house, drug people, alcohol, and everything between NW 2nd Street and the Miami River... _ Mayor Suarez: What, Mr. Armesto, is your point, unless Commissioner Plummer Is inquiring, what is your point? What are you trying to tell us? Mr. Armesto: My point to show you what is happening right now in order to stop that crying wolf because the wolf is there and nobody has said. The other facility, the Salvation Army is at 905 West Flagler Street, where they have breakfast and • lunch and the other facility is at 1398 SW let Street is the corner of 14th Avenue, SW let Street, half a block from the telephone company office. Commissioner Plummer: Excuse me, those are entirely different facilities. Mr. Armesto: No, sir. Commissioner Plummer: I4th Avenue and 1st Street is a facility operated by the Salvation Army for battered women. f Mr. Armastos No, sir. Coamissioner Plummer: Teo, sir. Ak �a r Mr. Armesto: tot every woman that goes there and needs to be fed and needs to be sleeping over there. Oott13t1issioner Plummer: it is a facility for battered women. The facility on lnd Street and River Drive is basically a housing facility, OK? - it's a halfway house. You have another halfway house across from Victoria Hospital. Mr, Armesto: But you have another one in 905 Flagler. Commissioner Plummer: But you don't have 300 to 500 people sleeping on the sidewalks. Mr. Armesto: I'm not talking about the sleeping. I am talking about the feeding of the people. The feeding... Commissioner Plummer: But you are not going to stop it. You are'not going to stop it! Mr. Armesto: The feeding of the people, the feeding of people a day, maximum Will be dome at one time at 641 West Flagler Street, only one shot, and that's it. . Commissioner Plummer: But they are not going to leave, they are going to stay there. Commissioner Alonzo: Exactly. Mr. Armesto: Why? Commissioner Plummer: Because they've got nowhere to go. Mr. Armesto: They don't stay in the other place. Mr. :zrias�o: Sure trey da. They are aLound the Camillus House all day long. Mr. Armesto: Because Camillus House, in that facility, has sleeping facilities: Commissioner Plummer: No, no, no, excuse me. Once they feed them, they still stay there. They sleep there all night. They are out there on cardboard. Mr. Armesto: I tell you... Commissioner'Plummsr: Let -me tell you, the feeding place is the nucleus, OK? They are going to go and stay in the area amass --tin# are .bsism fade that's why I say,go to `a warehosssfs district. There is-nobeft to be bother. There's no places to break into. I'm saying to you, there you are not bothering anybody. Mr. Armesto: Mr. Commissioner... Mayor Suarez: Commissioner, that matter... wait a minute, wait a minute! ' That matter is not before us. What's before us is whether we want to acquire the property known as Camillus House. Where the same people are fed, we can affect With all kinds of other regulatory tools that we have at our disposal..'. No one wants to have a situation where 15 people are being fed for every one that is being housed and that we can attack from many other ways'. We can try to direct them to the warehouse district like !Miami Rescue Mission. AetmAly, I don't U teed there anybody except the peopto was- Are th=V, wh.c!: i's the ideal way. Commissioner Plummer; That's correct. Mayor Suarez: And we don't disagree on any of that. We have a policy decision which I don't know, Mr. Armesto, what more you can add to that, which is whether we are going to pay what we have negotiated, whether we are going to amend the prior conditions at the request of the Camillus House or their request to our staff, because of the problem of possible contamination and we gust have to make that decision today. I think that is unfair to the citizens of Miami, not to mention the Commission, that we constantly rehash this whole thing. 'The philosophy of all this is as complicated as the problem its*If aAd' God knows it is a complicated problem. 'f , 1 Mr. Armesto: Mr. Mayor, only one minute please, to finish. Is this, for your information, before you make the decision on not to buy Camillus House or not. rot example, you have there, promises, the City of Miami is backing up more than $100,000,000 of investments down there. Mayor Suarez: That point has been made by Mr. Bailey. Mr. Armesto: Listen, listen to me carefully. If those towers, or those buildings _ , I will lose something, the others will lose something, but the City is going to lose more and then who is going to be in the business of running the apartment building, you people? Mayor Suarez: We are fully aware of that, we... Mr. Armesto: You got a worse impression, because every weekend,- Arena flower loses $12,000 to $13,000 in refund money to tenants that go there Monday, Tuesday and when they see the whole thing there, they said, "Hey, kid, give me my money back, I don't want to live over here," where I have to see these people. Mayor Suarez: We're aware of all that. Mr. Armesto: And... Mayor Suarez: We're aware of all that and we'd like the project to succeed. The question is... Mr. Armesto: Like it or no, you are part of the marriage to the marriage. Mayor Suarez: Right. Mr. Armesto: I will offer on behalf of our company, addressing to -Mr. De Y.Aa.ee Y Tha City of Miami would make more tax money from those buildings... -- Mayor Suarez: You were about to tell us how much you are going to offer on behalf of your... Mr. Armesto: I will offer that if he needs any assistance and we ,can cooperate... Mayor Suarez: Now much are you willing to put into a pot if we have to pay for contamination? Mr. Armesto: We can cooperate, we talked to Cruz Development, Mr. ... - Commissioner Plummer: Where is the check? Mayor Suarez: What... cooperate to what extent? How much? "Dinero." Mr. Armesto: To what extent? I cannot tell you. In money I cannot tell you, but, if an action is neither, he can call me, or Mr. Bailey can call me... Mayor Suarez: We're calling you right now. We need your money. Mr. Armesto: And we can call them, Mr. Cruz, the other development... Mayor.Suarex: To eliminate the contamination which could break this deer which previously was approved by 3 to 20 the slimmest of margins, all right? Mr. Armesto: I think we would cooperate... i;. Mayor Suarez: Well, I haven't heard any figures, so... Mr. Armesto: ... like a joint venture. (1 N#yor Suarez: Great, Mr. Armesto; And that, we don't opposed to that, but let's do it next week -or C tomorrow morning, 4 t� r� 99 z T 4 F��s�S�y � _: r Vice Mayor Dawkins: Mr. Mayor... Mayor Suarez: All right, thank you, Mr. Armasto. Mr. Vice Mayor. Vice Mayor Dawkins: Mr. Bailey... Commissioner Plummer: Mr. Mayor. Mayor Suarez: Mr. Vice Mayor and then Commissioner Plummer and hopefully we'll vote on this. Vice Mayor Dawkins: Ott, you've heard the concerns of the Commissioners and each of us here share the other one's concerns. Is there any way that you can go back to Camillus House and in the bill of sale or whatever, the concerns raised by Commissioner Alonso that we get some assurance that Camillus House will not move there. You've heard the concern of Commissioner' Plummer that they move more than a block and one-half away and you've heard my concern regarding the hazardous waste and you've heard my concern about a definite date of removal. Do you think if this... and I'm just guessing if this was approved tentatively... Commissioner Plummer: No May I can go with this. Vice Mayor Dawkins: ... with those conditions, Mould -you feel comfortable with going to them in an effort to try to negotiate that arrangement? Mr. Bailey: We'll go back and relay the Commission's concerns and try to negotiate the best deal possible. On a couple of items I'd just like to -- remind you the site that's three blocks away from the arena, they own that site and we have no prerogative there other than to not permit or permit zoning. On the matter of the Little Havana, the Law Department will have to determine this. I don't think we can put into an agreement of the sale that restricts freedom of movement during the place that they would like to go. On the maLLer of the toxic waste disposal... Mayor Suarez: Nor do we have to, I mean, they are so restricted in their movement, that was the whole point with the Miami Rescue Mission, there was so few places they could go to in the City that the zoning is proper and that the neighbors are not going to go bananas, that we actually pay them a premium for their property because of that. The cost of relocation is incredible for this kind of facility. That's all been stated. Mr. Bailey: In terms of the toxic waste, Commissioner, I really would not let that be a stumbling block. We can really satisfy that very comfortably and in terms of a'definite date to move, I agree, we should get definite date as to when they would move, that we could agree to some sort of settlement. Vice Mayor Dawkins: Yon, we give them half the money before, and as they start to move.and the other half when they move. - Mr. Bailey: The payments are in installments. If you agree to... well of course, what we have today, anything that is different than what the amendment is being presented, it is an outright rejection of the amendment and we don't have an, agreement anyway, we have to go back to negotiate. So, if you're saying that that amendment is not acceptable and you have mentioned some things _ in there that are not acceptable, we have to go back to the drawing table. Mayor Suarez: It constitutes a counteroffer to them and they may not accept - Lt.- ' All right. Mr. Bailey: Yes, it constitutes a counteroffer and it is null and void. Commissioner D• Turret Their amendment constitutes a counteroffer to us. Mayor Suarez:' To ours, yes. Commissioner Alonso: Uactly. We don't have a contract right now. As a matter of fact, we do not have a contract. Commissioner De Yurra: Because, let as tell you, when we sat down and Pot a lot of time into thus, and we came to an agreement, that was it, Then thqV. started coming back. t 100 i'ebr+ wry . ' 4 Commissioner Plummer: Wasn't there a stipulation of time in that agreement? Commissioner lie Yurre: Yes, they said they were going to take three months and they would have to see their pope and a whole bunch'of guys and then they were going to cone back with it. Commissioner Alonso: And once you change a contracts you do not have a contract, so right now, we do nbt have a contract with thew. Mr. Bailey: you have no contract, you... Commissioner Plummer: Let me ask this, Mr. Bailey... Mr. $allays .., are really voting on to accept or reject the amendment. That's really what we have. Commissioner Plummer: When was... there was a time limit in that other contract. Mr. Baileys. Eighteen months. Commissioner Plummer: Oh, it vas a total of eighteen months? Mr. Bailey: Eighteen months, yes. Commissioner De Yurre: For them to be out. Mr. Bailey: They were to be out. Commissioner Plummer: OK, but we're still within that time frame. Mr. Bailey: Well, the clock starts from the day you signed the agreement. We - don't have an sgresment. Commissioner De Yurre: Not this time, I'm not going to wait eighteen months after this. At least, that's me, speaking. Commissioner Plummer: Well, let me speak for the record, and then I assume we are`'going to send it back to them. I see no reason whatsoever to deviate from the norm. The norm .is to take two appraisals, divide it by two, that is $1,000,000, give them a 10percent bonus and that's where I am. `I would not offer a dime more than $1,100,000. I think that is very gracious. Mayor Suarez: The present offer... Mr. Bailey: We have a third appraisal already, Commissioner. Commissioner Plummer: E=-use me, Mr. Mayor. Mayor Suarez: Yes. _ Commissioner Plummer: Don't let me play semantic with you. That's total cost, not in... Mayor Suarez: OK, but all I'm saying is that in any event you are out of liae' 1 with the offer that vas made, so you'll still vote against it,. that's... Commissioner Plummer: Well, that's what I'm saying is.. ;a - Mayor Suarez: Now, there was a third appraisal, which was how much, Herb? Hr. Bailey: $1,$00,000, and with considerations of some fixtures, that were missed, we'd probably get a $1,500,000 valid appraisal out of the? sits, ' based $'= on a review appraisal'. Mayor Suarez: Yes, even if you took the two highest, you are still a few hundred thousand dollars away from one point five, which he doesn't accept to be the actual figure we are offering, because he wants to include the $3000000 Side deal, so he's still going to vote against it and we've got it on the retard. Commissioner Plummer: Well. if... Mr. Bailey: We can justify one five. Mayor Suarez: You've put it on the record probably 20 times and you've been very consistent. Mr. Bailey: We can justify one five. I think the other matter now is the $300,000 which is really not for the site, it was for social services to care for the homeless. Mayor Suarez: Which they have to do anyhow. All right. Mr. Bailey: Providing they were using the City of Miami. Mayor Suarez: Right. Mr. Bailey: Well, the $2,000,000 is still OK. We just need to get the conditions as to when do they move, when do they stop this and other kinds. of things and we are not arguing about the $2,000,000. I don't have the problem with that. Commissioner De Yurre' Well, they are arguing about the hazardous waste, the cost of removal. Mr. Bailey: I don't have a problem with the hazardous waste. commissioner De Turret Well, but I Co. You see, I'm the one that has to vote, and I do have a problem, because it becomes a :natter of principle that I'm giving $2,000,000 of the taxpayer's money, which... Mayor Suarez: What do you want to... Commissioner De Turret Which as it is, you know... Mayor Suarez: What do you want to make clear as the final terms that you would agree to, assuming that we get three votes? commissioner De Turret We do not give a penny more than the $2,000,000 and that's it. Mayor Suarez: And we absorb no costs on the issue of contamination whatsoever and you're not willing to let the contamination be an issue for future developers. Commissioner De Yurre: No, no, we deal with it now. Mayor Suarez: OK, so you want to have a guarantee that the place in fact is not, contaminated or a cleanup of.the place. Mr. Baileys And of the time removal. Commissiono r Plummer: Mr. Mayor, I'd like to make a motion et this time. Mayor Suarez: Commissioner Plw aer, Commissionor Plu®or: I•d like to :sake a motion at this time that we offer Camillus House a =adman total cost factor of the normal procedures of '. $1100,000. I'll so move. bsyor Suarext So moved. Do we have a second on that motion? Commissioner Alonoo.t I second. Mayor SU—srois Seconded. Amy discussion? It not, that motion. 402 please call the roll oli The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 00-111 A RESOLUTION REJECTING THE COUNTEROFFER PROPOSED BY THE BROTHERS OF THE GOOD SHEPHERD, INC. ("BROTHERS") FOR THE ACQUISITION OF THE LEASEHOLD INTEREST IN THE PROPERTY GENERALLY LOCATED AT 700-728 NORTHEAST FIRST AVENUE, MIAMI, FLORIDA, AND THE FEE SIMPLE INTEREST IN THE PROPERTY GENERALLY LOCATED 732-740 NORTHEAST FIRST - AVENUE, MIAMI, FLORIDA (COLLECTIVELY REFERRED TO AS "CAMILLUS HOUSE"); FURTHER, OFFERING TO PURCHASE CAMILLUS HOUSE FOR $1.2 MILLION WITH THE STIPULATIONS THAT CAMILLUS HOUSE HAS TO BE CLOSED WITHIN EIGHTEEN (18) MONTHS OF THE ACQUISITION DATE AND THAT ALL COSTS ASSOCIATED WITH THE REMOVAL OF ENVIRONMENTAL CONTAMINATION, IF ANY, SHALL BE BORNE BY THE BROTHERS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the -resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonzo Vice Mayor Miller J. Dawkins NOES: Commissioner Victor Ds Yurre Mayor Xavier L. Suarez ABSENT: None. COMMENTS DURING ROLL CALL: Ms. Kierson: Just for clarification, please, you're saying that you have rejected the time proposal by the brothers and you are now offering... Mayor Suarez: I can't imagine any clarification on the clearest motion that has bean made here on this issue in about seven months, counselor. $1,100,000 is all he wants to offer. Commissioner Plummer: And I said total. Mayor Suarez: No, that's it, total, period, and of complete the roll call. All right, please Mr. Dawkins: J.L., that's $1,500,000 and they got to pay the closing costs... Mayor Suarez: $1,100,000. Commissioner Plummer: No, no, no. Commissioner Alonso: No, no, no. Commissioner Plummer: Just the formula that is normally used. The $1,000,000 appraisal and ten percent bonus for closing, that would be $1,100,000. That's what we use day in anti dse #.%,.t and that' a what Z said. Mr. Baileys The review appraisal is $1,200,000, Commissioner. I just wanted to, for information. Ms. Kierson: $1,200,000, you don't have... Commissioner Plummer: I'm sorry, I'm going on the numbers given to me, $800,000 and $1,200,000, is $1,000,000 in dividing. Mr. Dailey: We were directed by HUD to get appraisal and it came back at $1,200+000. Commissioner Plummer: What is the average, then? 103 a third appraisal, a review a 46 Mr. Pailey: It's in arbitration. $1,200#000, based on arbitration, the ' teviem appraisal. Commissioner Plummer: Then 1 will than be beneficial and say they are offered no more than one million one hundred... Mr. 8tilayt $200,000. Commissioner Plwmaar:...tvo hundred thousand. I'll go that ektent. Does the second agree then? Mayor Suarez: $1,200,000 is now the motion. Does the second accept that modification. All right, we are up to $1,200,000. Commissioner Alonso: Yes, we are generous. Mayor Suarez: Movant and second... Commissioner Plummer: Hey, Miller, "in nomins Petri, filis, santus." Vice Mayor Dawkins: $1,200,000 and the right to move in 18 months. Commissioner Plummer: Within 18 months. Vice Mayor Dawkins: OK. Yes. l! r Commissioner Plummer: I'll even go less than that if you want. ` Mayor Suarez: Why did you even say anything further? This is not going to be zt kl acceptable to them. We've been negotiating this matter for two years. (CONTINUED ROLL CALL) Mr. De Yurra: What was his vote? Ms. Hirai: Yes. Mr. De Yurre : He voted -yes?: fi r; Ms. Rirai: Yes, sir. Mr. De Yurre: I vote no. COMMENTS AFTER ROLL CALL: Mayor Suarez: All right unless anybody makes any other motion. We'll let that'pass`though. We... Commissioner Plummer: OK, now... Mayor Suarez:, You have an offer of $1,200,000. I think we have been 4 negotiating $1500,000`plus another $500,000 on the side, great.'. Commissioner Plummer: Now, Mr. Mayor, when they go back with that, I think it should be that this Commission is open to any, suggestion they would like to , make. That I think puts us then in the driver's seat. Mayor Suaress We are open to any suggestions you might want to make.' You are also open to have the door shut in our faces too of course. All right. p , g Hr. Dailey: I suggest you let us 'condemn it. I euggeeted that five years r, 9 ago. Commissioner Plummets What is that, sir?. Hr. Pailoys Condemnation. It's not popular, but it's accurate. The courts will "ditermins what you pay, 14iyor uarse; Anybody want to wove to condemn the property and have the court 1 pss$cribs_ for ,value? _ Cmissiono r Kumar; You Mean under quick tame? , M 104 rob rua�� t_ � ��1i►� u � °���_ t Mayor Suarazt I have previously voted for that too. Mai. Baileys We could go to a long take, Commissioner Pluromirs It's worth considering. Mayor Suarazt Not a quick take. Ve had a :motion, it didn't pass before, but I think I voted favorably to. Commissioner Plummer: A quick take? Mayor Suarez: No, hot regular condemnation, not a quick take. Vice Mayor Dawkiast No, we can't quick take... Commissioner Plusamar: No, I wouldn't, no way I'd go for quick take. Mayor Suarez: The Commission has enunciated a problem with the concept of a quick take because the price is fixed by the court and we have to proceed to complete the purchase... Commissioner Plummer: Now would a regular condemnation proceeding take? Mayor'Suarez: whether we like the price that's fixed by the court or not and whether we are interrupted by our fellow Commissioners like Plummer, who does it all the time. Mr. Bailey: We already. have appraisals. We could probably do our filing. It may take a total of maybe six months with all the paperwork and administrative work. Commissioner Plummer: Isn't that what the normal procedure has been in the area that we've done in either of... we've neither settled or taken it to s condemnation? Mr. Bailey: All of the Park West side was negotiated. On the Overtown side, on the four blocks paid for by UMTA, we had quick take. is Commissioner Plummer: Ten, but that was the County did that. Mr. Bailey: The County did it, yes. That was the County's decision. Mayor Suarez: The County crucified us. _1 Mr. Baileys We have not made any decisions here in the City of Miami to .do i any condemnations. Commissioner Plummer: I would like to see by next Thursday, if I.may, Herb, your pluses and minuses to the proceedings through condemnation or otherwise.' Mr. Bailey: .Or the long take? Commissioner Plumeoers Tan. Mr.' Bailey: OK. What was the motion that was passed? Comaissioner Plummer: Motion passed was that we would offer them a total cost: not to exceed $1,200,000. Mr. Dailey: And we will come back to this Cotmsisnion with tht... Comissioner Plumoer: And also the provision that that must be closed within.,: that facility Mould have to be closed within la months after that date. y` Mr. Baileys WO will, some back with the procedures on the long take. 3; Mayor Suarez: 0K. Y Cs issaoaar Pluarmer: Well, waits miaute, now, herb. Herb, I c&Ast .l+e?t you do away With that attitude. 91.. 1 .. rote x, Hr. Bailey: Oh, I'm happy. Commissioner Plummer: No, it is not a batter of being happy, it's a matter of your saying in so many words, that that offer you.can forget it, throw it out the door. Mr. Baileys That's our personal opinion. We don't know. Commissioner Plummerr Your personal opinion you keep to yourself. Mr. Bailey: I'll go and negotiate what you said and I'll bring you the results back from the negotiations. Commissioner Plummer: Thank you, sir. 14. APPOINTMENT TO MIAMI RIPER COORDINATING COMMITTEE (Reappointed was: Lou Waldmann). Mayor Suarez: Item 14, Miami River Coordinating Committee appointments. Who are the candidates? What do we do? Somebody from staff, please. How many appointments do we have? We'll go through these quickly and get to personal appearances. Nobody knows anything) Yes, Commissioner Alonzo. Commissioner Alonsoa I know I have one appointment coming up. Mr. Odic: She has an appointment. Commissioner Plummer: To what? Mr. Odic: To the Miami River Coordinating Committee. Commissioner Alonso: I suppose you people have two, I think. There are three appointments? Mayor Suarez: We've never allocated these, I don't think among the Commissioners. How many do we have vacancies, Mr. Manager, please tell us, somebody from staff., Mr. Odic: Yes, one appointment. el Mayor Suarez: One appointment.' Commissioner Alonso: One? { Commissioner Plummors And it's hers? Mr. Odic: Yes.> Commissioner Plummer: OS. Commissioner Alonso: Then I'd like to reappoint Lou Waldman to the board.' Mayor Suarez: Is it on the Coordinating Committee now? Mr. Odior- Yes, he was and he is an incumbent. r; Mayor Suarez: OK, so moved. Commissioner Plummer: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll', ', . AYES: Commissioner Victor be Yurre Commissioner Miriam Alonso Commissioner J. L. Plummier, Jr. Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez WES: None. ABSENT: None. wr�rr-rrrrrr�r---r�rrrr�rr---suer------rue.---------r rr--r 47. DISCUSSION CONCERNING LOCATION OF A SOUP 'KITCHEN AT 641 W. FLAGLER STREET (HOT MEALS PROGRAM ORGANIZED BY BROTHER HARRY - CAMILLUS HOUSE). Mayor Suarez: Item 37. Mr. Leonard Turner: My name is Leonard Turner, 811 West Flagler Street. I'd like to ask Commissioner Plummer where these people that are doing these crimes live. Are they homeless or do they live somewhere? Commissioner Plummer: No, doctor, you and I have been friends for years and you've pounded on my mouth for years and I'm going to tell you the truth of the matter is no, they're not. Most of them are mobile, unfortunagely - they t steal a car to do it, but they're mobile. f Mr. Turner: All right. Now then this puts me between a rock and a hard f place, because to speak against the homeless is like speaking against motherhood and Americanism, but I think all of us agree that we are sorry for the homeless ,and are in sympathy with the homeless. However, we. have had the ucmaless vizh us since the .beginning of time. They congregate is the large - cities where they can find food, where they can beg and where they can steal for their existence. The thieves, drifters, homeless created the thieves market - called the flea market on the west bank of the Seine in Paris hundreds of years ago. It is- a very famous homeless hangout. In the past two or, three decades we have watched the death of downtown. Detroit. We have watched the death of the Loop in Chicago. We have seen the degradation of - Lower Manhattan and Brooklyn, New York. Hers.in Miami none of you will •walk unescorted through our Bicentennial Park which is a beautiful park, -our Bayfront Park or our Jose Marti Park which is in my neighborhood. because you - would be afraid of mugging, panhandling or being caught in some type of a drug reaction. Nov there is a proposal. Oh, one thing.. Around. our new multimillion dollar City Arena, there is a whole area of slums. Now then, there is a motion or a proposal to take part of the people that create --these slums and when thesepeople congregate, no matter where it is or in what city, they create -a slum are unwittingly maybe, uncaringly maybe but they do create. a slum. Nov there is a motion to take some of the people that created: the slum around the. Miami Arena and divide them to take them to: another part of. the city and thereby create another slum. This proposal was instigated.or at least aggravated by the developers of a development that knew what was there_' k,. when they bought the property, and I'm going to quote, they wanted to upgrade x their community by splitting this slum and taking some of the people from Camillus House and shuffling them out into some other part of the city. i- ' would quote directly. from the Miami_ Herald, January 21, 1990 the developers said "the homeless weren't a big. selling point." The proposal was made through the+r at""60- tn rho Solt.4 crz :.: Clrzaa Ludii. &a , seLurn and again this is a quote "in return for several thousand dollars,the church would. T furnish and set up a soup kitchen to feed two to three hundred daily:" Yor�. .` this th9 church would have no expense for the food or for its preparation. If this true, if this_is true, the church is.operating a restaurant and it should be taxed as a restaurant and licensed as a restaurant. A representative :of: the Mayor's office walked the street with me several weeks ago a was visibly_ shocked by the filth, the vandalism and the evidence pf theft that he saw in'a three block area, along flagler Street from South West Sth Street Avenue:to South West Sth Avenue. He saw closed abandoned buildings, he saw window bars and chains whsre psople are trying to minimize the L theft and the vandalise. What's going to happen to this area that is alresdy, depr+sswed it you dumphd two to . three hundred to five aundt ed more, hall them hos►eleb+m if i'oo like nor. dr 4ens, into this 'area, Where will they g4 ; to the bathro=0 a:ti F ' 1 4 lib' 1 A where will they go to the bathroom? Where will they get their water! Where Will they get their wine and their beer and their crack? And I'll guarantee toy they get wine and beer and crack. What do you think is going to happen to the few remaining revenue producing tax paying businesses in the area? What we, as tax paying residents in this area are asking, number one, is that the life and rights of a community be considered as much as the right of a few,' relative few individuals. We ask that the city continue to plan with its development westward along Flagler Street to the west edge of downtown Miami and we ask help in preventing the death of Flagler Street. In the past ten years, there have been at least twenty one businesses in a three block area that have folded. Some of them have taken their revenue and their tax dollars to other communities. Some of them have gone bankrupt and quit. If this kitchen is allowed to open in this area within a very short time the only thing that would be left would be the soup kitchen and the Soldier of the Cross Church which is surrounded by a 10 foot high fence because they don't want the drifters on their property. We ask that the City Commission consider all of these points and consider the plight of the poor taxpayer, thank you. Pedro Gonzalez: I am Pedro Gonzalez my business address is... Mayor Suarez: Wait a minute, wait a minute. Commissiwwg ,1A!gp tx,: Let me try to maybe short circuit this cause -nobody i! knows better than I what Dr. Turner has just stated for the record and I was out at 14th Avenue and I had to close my business because I could not stay open because of the environment. God know the police department tried to do as ; much as they could to keep it safe in the area. We are right next to the church and they could not and I wound up having to sell my business because I ;— could not exist there, so I am a victim you might say of what has transpired.. Mr. Mayor what I son trying to say and maybe cut short, I had and as I explaiasi tQ you earlier this morning, a very fine discussion what I felt was with the Director of the Camillus House, Brother Rarry and he is -he" VsTesrat and of course can speak for himself. One of the criteria which I out forth to 1.;t,L srda o: settle,nent was in fact just this location. Brother Harry explained to me that he would try and see what he could do to relocate that facility. Now I don't think that there is really any more that we could do today than ask, or accept the spirit of cooperation that he will try to find a site away from this problem area where it is. Now Brother Harry, I don't know if you are in a position to want to say that on the record, but I think that if you do, I that think you are going to get a lot of people as you did with — me yesterday converted from fighting you to being in your corner. And I don't know what else we could ask of the man who came forth and said that he would _ make every effort to try. find another location. We understand that wherever this goes there is going to be some opposition, but my statement to the newspaper last night vas that knowing what the East Little Havana Development Authority has been trying to do, that I was opposed because of the fact that it did portray, at least portray, a negative, and I don't think that was needed in that particular area. So I think that if, if Brother•Harry will have to speak for himself but I think that if he were to express that to you now as he did to me yesterday, that he was willing to try and find another location, I don't think we could ask any more than that, I think we would all be big winners today, if he wants to say that, and Brother Harry I am not trying to put you on the spot, but I am just saying that if you want to, say whatever you want to say, please. Brother Rarrys Thank you Commissioner. Can you hear me? First of all, I'm very pleased to see the representation here from Little -Havana. I can appreciate very much your fears your concern and all your questions and I probably would do the same thing if T wom r- -ftmir nhn.,, ZZ-1 I and I am rather proud that you are all here. Probably more than proud that You are all here because it shows me that you are looking at a lot of issues and there are some hard issues that we all have to look at so congratulations for your turn out, I think it's admirable, very admirable. We had some very fine meetings with the Commissioners and we are seriously looking at a°site, as alternate site so I would like to allay that fear. By the way, Camillus House, the entire Camillus House was never planning to move into east Little 3 Havana, not by any means, not by any means. As a matter of fact we met with _. this gentleman yesterday and several of the other gentlemen and we are going to set up a meeting tomorrow where we can sit down and discuss this whole question and I would like your input, you may have good suggestions that are already in the area that we could be looking at that we may not be aware of, so I -would endorse and encourage your help to help us find another site close i�- 178 s 1:9 March 8, "Q4" " L-1 e 'gat hand because the people we were looking at serving are already in that area, we had no intentions of bringing into the area anybody but we were looking at serving the needs that are already in last Little Havana area so... Commissioner Plummer: Just for the record, Mr.. Mayor I had suggested now you might not find this acceptable but this was my suggestion that there were some places that were vacant at the present time over on the river by the Salvation Army of stores that are no longer being used and I suggested that Brother Harry look over in that area. I think it would disturb the least amount of people, keeping in mind, I don't care where you go, there is going to be some opposition but I don't think that it should be and I expressed to him on Flagler Street. I would hope that the group here today headed by Dr. Turner and the CAMACOL could sit with Brother Harry and try to come up with a more reasonable site something that could be accomplishing what needs to be accomplished but not detrimental, totally detrimental to the area. Mr. Mayor, if and I am not trying to cut any speakers off, I assume that Dr. Turner is as he always is, was very thorough in outlining the problem but at any time that you wish, I'd be glad to make a motion endorsing a meeting between Brother Harry of the Camillus House, CAMACOL and Dr. Turner and whoever else wants to attend to try to find, help him relocate out of that immediate area, but you have got to help him find another location so if that's a motion that is necessary I would be happy to do such or whatever also .Ad and I am not trying to cut you off from talking but I really don't know �+- what slat could be said because Dr. Turner was... Mayor Suarez: Wait, wait and I am inclined to, I'm sorry Commissioner, I don't know, I just want to add something very quickly that I think is following along the lines of what another Commissioner mentioned in the paper if I read it correctly, was Commissioner Alonso. I think all of us are looking for a system that would never have a high concentration of people. I think the f igure she used is 50 to 75. The lowest number of people that we can feed in the facility would be the system that I think the Homeless Coalition is heading towards, the city would like to see, and obviously the peopla whn art rlra Ldy iu Uir.t. vicinity is what :Hakes sense. We don't like to have people transported across the city to be fed, who are homeless and who will then do the kinds of things that you described before. Commissioner, I interrupted you. Commissioner De Yurre: Yes, if I can sense a feeling of this Commission certainly it's one that we would not like to see, that type activity where its being proposed today. Certainly this is not the moment to deal with the issue because there is legal proceeding that we have to go through and I want to deal with that right now so that we can cut that procedure at least bring it before us so that we 'can make a determination eventually. It is my understanding that in order for the proponents of this soup line, if it's called that, or soup line to be put into effect, they need a special permit from the City of Miami. Is that correct? Commissioner Alonzo: According to the memo, right? Mr. Sergio Rodriguez: Yes Let me try to give you an answer more complete on-* this. Mayor Suarez: By the way, you outdid the City Clerk in the cryptic nature of your memo, this was even more difficult to figure out what it says. I read through it and at the end I wasn't sure if it could be done or not done but anyhow maybe you can clarify it. The two of you are in competition for... Mr. Rodriguez: Next time you ask mt and I will try to•hatp. Mayor Suarez: You will clarify in person I am sure. Mr. Rodriguez: I will help you any way I can. I gave determination which is an administrative ruling on February 22nd that can be appealed by any party, anybody, and the last day to appeal that determination is tomorrow which is 15 days. That appeal can be made to the Zoning Board and then ultimately to the City Commission. Commissioner De Yurre: Wall, the appeal is made and you have to go through the process of appearing before the Zoning Board and eventually to the City Commission so I would... 51-- 178 lie March 8, 1990 , Mir. Aodriguets And than to the City Commission. Let me 'finish one second, the determination that I made if it is not appealed by tomorrow it will be an administrative ruling that will stand and that recommendation that I made basically established that this type of facility, in association with a church, is not a permitted use in the commercial residential district, the CR district. The only way this would be allowable will be by applying for a spacial exception and then going to the Zoning Board with a possible appeal to the City Commission and taking into consideration the possibility that this type of facility might have an impact in the neighborhood and an effect on the free flow of traffic on sidewalks and so on. Commissioner De Turret So I could be clear and everybody here can be clear, I am understanding you correctly when you are telling me, or what I am understanding that if we do nothing at this point in time by tomorrow if somebody hasn't step forward to challenge your determination then they cannot, N-0-T have a soup line at that location. Mr. Rodriguez: Unless they, anybody else appeal this tomorrow. Commissioner De Turret Well, that.'* what I am saying, if no one appeals your determination. Mr. Rodriguez: The only was they could have a soup line or distribute food for the poor in conjunction with a church activity will be by applying for special exception and going through that whole process. Commissioner De Yurre: And if they do appeal your determination then they will appear before the Zoning Board and then eventually they can be brought before the City Commission and we would make the final determination. Mr. Rodriguez: Right, and you will make a final determination on whether the determination that I have made if I may repeat the word, was correct or not. Commissioner ve Turret So then by us not acting on it today, that is the proper procedure as far as what this group here wants which is for them not to have,a soup line. Commissioner Plummer: Yes, but do you see Brother Harry's smiling over there? He just... Mayor Suarez: The status -quo is that they cannot do it at this particular' point. That's what the Commissioner is asking and therefore by not taking any action other than to consideration of their concerns we are preserving, the status -quo Commissioner Alonso Yes, but the point is, we better address this issue in the proper content because most likely, by tomorrow this decision is going to be appealed and then what's going to happen, so... Commissioner De Turret Then it will come before us. Commissioner Alonsos Exactly, so let's address the problem as it should be. I had a very line meeting with Brother Harry and a group of people who are very concerned about the homeless situation, also with merchants of the area and by the way in response to some of the signs, "Where are our ' Commissioners!" Working for you, trying to find a solution to the problem. I am sure most of the people doing here, at least I have and they want, trying to find a solution to this problem. I think that unless we really address the problem, we will not find a roe l en l •st +on. 'y—rror ac will appear agal . and in 10 days or 15 days and within a month we are going to be faced with the same problem and maybe will not be in relation with a church. It will be in relation with who knows, a restaurant or what have you, I don't know and in order to avoid that I think we have to face this problem. And as I sae it, this is a problem that whenever there is something that they want to resolve, usually people think in two areas, Overtown and Little Havana. Usually these two areas come to mind immediately. I $uses the feeling is in these areas people are going to take whatever, they have enough problems, therefore, who cares! One more problem it's not going to make a difference. Well I think that those two areas have had enough of the share that they can assume in this community. I think that this has to be done in ways that everyone gets a little bit of the burden. Maybe if we have a small group here and a small group there and I'll be very pleased to see that not only the City M 119 March 0, 1990 carries on a little bit of this problem because it's not only ours it belongs to Dade County. And maybe some other people, caring people of all the communities weight be willing to take a little bit bf the problem and not only in Little Havana. The number that's been mentioned before for soup line that was going to _be served in Flagler, and the solution is not to find another place not in Flagler, but perhaps in 8th Street or in 27th Avenue or in 37th Avenue. It's going to be a difficult problem regardless of the location. So the point is, they been talking about 200 people. We know that the intention was much more than that because I sent inspectors into the property day one and there were tables in place and they had enough space to serve about 500 people. Can you imagine the situation right there, 500 people? It is serious. Now we are facing the problem. I am sure we are not going to receive 500. I am sure we are not going to receive 200. But I think what are we going to do with these people? Where are we going to feed them? What is going to be done? It's not going to be the disappearing act, to we have to face reality. How do we do it? And maybe if we decide that it's.going to be small numbers in different locations, I don't see why the people of Little Havana can receive 200 people and the people in Coconut Grove cannot receive 50. I think it should be in equal terms. Maybe it should be 50 in Coconut Grove, and 50 in Coral Gables and 50, in other areas and everyone gets a little bit of the problem and then the situation will be resolved. A small group and maybe if we all face reality world maybe it doesn't' have to be 50 maybe it's only 25, and we can even be successful and start resolving a serious problem and addressing the mental problem that these individuals have, drug addiction, mental problems and then trying to resolve the problem because It is not only to give them food, it's to provide so many other things in order to resolve the problem. And I very disappointed to see that it's only the problem of the City of Miami when we see that it's according to the regulation is the problem of Dade County. But Dade County do not face reality and then we see that Seattle, Washington has received 10 million in a grant in order to help the homeless but us, we have not received not even 2 million and I wonder why. Maybe because we have not taken a stand as to say, this is a problem of the entire community and let's face the problem and perhaps now is the : .... Li= ._ � +__ ..d; �:a i.uir and I am not one to say if ti•• don't take any action, the problem will disappear because that's not true. The problem perhaps, according to the memo that he wrote, it will disappear today, tomorrow but it will come back to us and maybe will not be 641 West Flagler but it will be 1415 Sth Street or it's going to be 27th Avenue or it's going to be some other location and it's going to be exactly the same problem. No one neighborhood can receive 200 people no one area can receive 500 people so the problem is the same. It the area in downtown cannot'continue to sustain the number of people, the homeless in that area because it is affecting the new construction, well, I want you to know that the sass problem exist in other areas of the city. We want to develop Little Havana and Overtown and Liberty City and some other areas Allapattah and Wynwood that has been mentioned as another location. We want all of those areas to improve as well, therefore we have to respect the new construction in those areas so let`s think of very small group of people, something that will be really be the people from the area because I have to repeat myself and say as I told to Brother Harry, I don't believe that the 200 or 500 are living in Little Havana right now. I don't buy that idea. I think they come from other areas as well, I know that they don't belong to Little Havana, and if even they do, they have to spread around so a real solution could be found to the problem and I think that by really facing the problem perhaps we will resolve it. Commissioner Plummort Mr. Mayor, two things. Number one, I just asked the Administration, this Commission went on record, at I think the last meeting, to tell Dade County who is in charge of welfare that either they are going to do the job which they are not doing today. or give us thO mn"•v for which :::a collect from our citizens and in spite of that, if they don't, we are going to file a lawsuit. Now, when is that 60 days up? Mr. Odiot I notified the County Manager two days ago that he's to give us an answer on the homeless, so I guess it would start from two days ago, the 60 days. Commissioner Plummer: OK so in other words, if we don't get an answer that is what w• tool is legitimate... Mr. Odiot We will file a lawsuit. 120 91- 178 Larch I, 1940,E sssm- Cossnissioner Plummer: ... then within 60 days the lawsuit will be filed against the County. Mr. Odic: Yes, sir. Mr. Fernandez: Before we file a lawsuit, we have to follow a prescribed nsthod. Commissioner Plummer: What is'the prescribed method? Let's don't beat around the bush, let's do it. Mr. Odiot Let me put on the record what I wrote him. It says, "The Miami City Commission on February 7, 1990 passed motion 90-129 which reads as follows: 'A motion requesting Metropolitan Dade County to come before the City Commission and demonstrate that -they _ are addressing the problem of the homeless; further stating that if within 60 days, the County has not adequately demonstrated that they are addressing said issue, the City of Miami will be forced to institute a lawsuit to force the County to face and assume its #� responsibility." Commissioner Plummer: And what is the date of that? 4 Mr. 0dio: This was dated March 6th. If it is convenient for you, I will 'set ej- said* time for your representative on the April 12, 1990 City Commission agenda in order that the County can address the issue of homelessness in the City of Miami. Commissioner Plummer: Well, that's almost what we said. Second of all, in — my discussions with Brother Harry yesterday, I can tell you that he was agreeable on the so-called satellite areas of which they would feed to limit it to a hundred. He spoke of that, I didn't offer that, if we could offer • that. P-nd I ;uczz as a ip.&LLor of humor, 1'a like to bring up one more times that the Biltmore Hotel in Coral Gables is just gone into receivership and I think that would be an excellent place. We could give Coral Gables their share. Jack Eads won't speak to me for a week, but... well, here again, I think this group of people have demonstrated in the past that their willingness to help. I think this time it's your willingness to help yourself and I think that if you were to get together with Brother Harry and go and _ help him find another location, I don't 'think he would object to another location. I will tell you that immediately I an now thinking that I'would want you to go look in the area on the other side of the river between Flagler Street South, because there is no residence. In that area, it's mostly parking lots. You know what I'm talking about from Captain Tom's Fishery South? There are absolutely no residence as a matter of fact, it's 90 percent ' if I'm not mistaken, parking lots, so that might be an area to explore. He hat given his word that he has a willingness that he would be glad to explore' moving and with that, I think we can accomplish smothing. Commissioner Alonso: Ah, ah, but Co=issioner Plummer and then you are , thinking in that area that, of course, it's true parking lots and vacant area but very class to some areas of Little Havana. Again, the proximity is tremendous, but my question is, how many people, how many in that location. `— everything that is downtown, hundred, what do we do with the rest of then? Commissioner Plus r: Eacwe ms, in the settlement which he brought to my office which Was not official but unofficial there Vern locations, f1*4 ,five different locations only one of them of Flaglar street alld Annrnw'�h :Mr. little particular area, four... OK... Co®issiomor`Do Turret .... bow many of those lour are in the City of Mimi? — Cominsiener Plu r: They all moors, as I recall, yes, yea, that's the %hiss. C=nissioner Do Turro: Tou see, that I have a problem with that. I think We ti= that you know, Kendall? ;- Comissioner Alonsol us. CNOislioaer Do Yurrus And Coral Gables and Hialeah. 9,1 t t:- _K 121 r A 1}t t Commissioner Piummert Oh, I wholeheartedly agree. Commissioner Alonsot Yes. Vies Mayor Davkinst Key Biscayne. e Commissioner De Turret Wall, you know it's, Key Biscayne, you know, it's.,.. Commissioner Aloneot Let's face it, when people go to downtown, they go to their offices. When they go home they don't•want to see picture of things that are ugly and poverty, it's ugly and homeless, it's not a fine picture to see. So they want the problem to remain in someone else's neighborhoodand not ours so really it's not fair and I don't want this problem to go to one neighborhood. I want it to be divided in very small groups so as no onb will have to suffer a serious, serious problem. Commissioner De Turret Florida City, Homestead. Mayor Suarez: OK, any last statements because I think the Commissioner is about as much on the same wavelength as you could possibly be and further, we have yes, Esteban, can you introduce all the petitions into the record by giving them to the City Clerk? Yes, we will let you Pedro. Wait a minute, jl wait a minute. Do you want to have him introduce them or do you want to may into the record what they contain? Mr. Pedro Gonzalezt I'll do the presentation, let him. My name is Pedro Gonzalez, my business address is 100 N.W. 12th Avenue and just for the record, we don't want to be perceived as a bunch of insensitives because we do recognize the rights and the needs that these individuals have. And as opposed to being part of a problem, we want to be part of the solution. We are willing to sit down with Brother Harry and the rest of the Camillus Group to be able to reach something that's workable and acceptable to both parties. The only thing that we want to make clear is we can not allow an operation of that .;,.a to au in an a:aa where it will Impair the efforts that we been incessantly for years and years working with this Commission's help in enhancing and for the betterment of the area. That's just not acceptable.- Commissioner Plummer: Wa agree, sir. Commissioner Alonso: We couldn't agree more. =i — Mayor Suarez: All right, thank you Pedro, thank you all of you for your involvement. Ma'am, you, want to make half a minute statement? You say you have.a solution to all of this and I'm going to give you thirty seconds to state it. Mr. Esteban Torres: OR, my name is Esteban Torres and I as a businessman from the area and I give to you more than three thousand signatures from' the businessmen and residents of the Little Havana, we are opposed to having Camillus or dining room in the Little Havana area. We have enough trouble. Thank you. Mayor Suarez: OK Esteban, thank you for all your efforts in Little Havana. Ma'am, last statement. No. Olga,Marti: Good afternoon, my name Is Olga Marti sponsor-, coordinator of the homeless in the street. Everybody knows what I vork for the homeless, what I work In_Overtown, what I work all over. I protest for putting the Sun Dining Room in Little Havana. I have the solution. Some Cht:rnh from Ion Street, the name is New Hope Church. This church is the name for homeless church. This church is coming every Sunday for this disgusting the Camillus house, Sunday is a day of God and they never give a full Sunday and the some protestant people, I have nothing problem for the protestant, for this is cruel and they do not give a full Sunday. Either thess'people have license for homeless and these people is working for the homeless every Sunday sad these people is supposed to do bring the homeless over there for these people collected too much money for homeless and I tell them that not only the homeless'netd... I tell No. Miriam, they not only seed food, these people aced = ,jobs, these people give is hand sad these people give for church, not for business. I appreciate too much, ao give permission to put in Little iisvada. L When cannot sat dinner in Little Havana and dessert in Camillus or CsMalus sst'dinmsr and Camillus set over there. This disgusting C=$llus, a thousand,.' people, is true.. cr �c. rx 122 Mayor guarazi Ma'am* where do you live? You didn't state that in the record. Ms. Martin 'I live at 161E Pennsylvania Avenue in Miami Beach and Miami Beach now, I have some groups of people that give food every day and now, and the Mayor and nobody likes the homeless in Miami, and the police, everybody say that homeless in Miami, I don't know when you are tell... put, you like.., hah? Help me for support me for my dining room in Miami Beach. Work, sister, work on everybody, but I saw this, I like the homeless... Mayor Suaraz: We'll make sure that there is a center for feeding homeless in Miami Beach also because we want to treat all of the areas, you know, fairly. Thank you for your presentation. Ms. Marti: No put for the homeless, help the homeless. Help for -the homeless persons too. This is disgusting what happened at Camillus House-. Represent a couple of people and no like me prayer inside at five fifteen. I stand there over there, I asked for a piece of bread and don't give a piece of bread for the homeless. This is what kind the Catholic people help you. Thank you, God bless you. Mayor Suarez: God bless you too. OK, last statement, sir? Mr. Herbert W. Abramsons Herbert W. Abramson, I maintain my law offices at 634 West Flagler, immediately across the way from the Soldiers of the Cross. Since it's been announced that there's going to be a soup kitchen there, our neighborhood has been infiltrated with a great number of the homeless that are anticipating this. On behalf of all of the residents and businessman in our area, we would like to invite you to come to our area at any time of the day and see these people. Just this morning I was panhandled by one that I have just noticed coming into the neighborhood. As I was driving over to the Commission at 3:10 I had the unfortunate situation of having this panhandler that I saw running with somebody's purse and almost ran in front of my car. — What hhb happened is and this is something,, and I'sympathize %iith brother Harry in trying to find a location. Nobody rants it in our backyard syndrome is present throughout no matter where you go. I had it with my drug rehabilitation center. The problem is that we must deal with this and we must take them away from areas that they are going to panhandle, that they are going to wait for their meals. They are going to know at 5:00 or whenever it is that they are going to get a meal. And what they are going to do the other twenty four hours? They are going to hand around, they are going to panhandle, they are going to commit crimes. So on behalf of the residents and businessmen of Little Havana we would like to invite you to Flagler Street at anytime that you see fit and see what it is. You can come in back of my law - office, which is now I guess known as the Flagler Street latrine because that's what .it is, in back of there. My clients are panhandled, they are harassed, they are afraid to come here as at the rest of the residents and business people. We would like to see you come down to Flagler and you will see what we are talking about. Thank you. Mayor Suarez: Thank you sir for your statement. Thank you all of you for - your involvement, suggestions, etc. 48.• GRANT REQUEST BY REPRESENTATIVES OF 'SPLIT SECOND TIMING' FOR CLOSURE OF DESIGNATED STREETS CONCERNING THE CPA 104K RUN/WALK. Mayor Suarez; Item 38, split second timing, street closures another sun/walk... Unidaatitisd Speaker; Not closures, we are not closing them, Mayor Suarez: You're not closing, what do you need from us? Unidentified Speaker: We are requesting to you... Mayor Suarssr The blessing, we give to you. 9nidt tilled Speaker; OK, $rest. 123 1 M Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOBS: None. ABSENT: None. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -a►--- -----..--------ww-w 24. DISCUSS AND TEMPORARILY DEFER PROPOSED RESOLUTION AUTHORIZING MANAGER TO MAKE AN OFFER AND EXECUTE AN AGREEMENT OF PURCHASE AND SALE WITH THE BROTHERS OF THE GOOD SHEPHERD, INC. - FOR ACQUISITION OF, PROPERTY AT 700-728 AND 732-740 N.E. 1 AVENUE (CAMILLUS HOUSE). ------ Mayor Suarez: Nov, is this pure coincidence that this is item 13? Commissioner Alonso: I asked the same question. Vice Mayor Dawkins: Where is Brother Harry? Mayor Suarez: Let the record reflect that Roger Soman told us that Brother Harry is doing the Lord's work, we hope... yes. Vice Mayor Dawkins: I guess Brother Harry thought he couldn't help us, so he stayed away. Mayor Suarez: Where are we on this? Commissioner Plummer: There are objectors, Mr. Mayor. — Commissioner Alonso: And I have some. Mayor_ Suarez: OK. Mr. Manager, why don't you make the presentation for the _— administration and then we will hear from any objectors. Is that your; purpose, , sir, to object? Unidentified Speaker: Yes, sir._ Mayor Suarez: OK. And sir, is that your purpose, are you objecting to this - deal? Unidentified Speaker: Yes sir, I'm objecting. Mayor Suarez: All right, we know, we have two at least. Anyone else wish to _ be heard? Commissioner Plummer: We got a third, fourth. Mayor Suarez: I will allocate a grand total of ten minutes to all objectors, ,;; so if you don't agree, then the maximum each, will have will be two minutes by i y code. Otherwise, you can split the time any way you want. Herb. ' Mr. Herb Bailey: Mr. Mayor, members of the Commission, we have come back with j whsi. we .hiesk is a ase..:..tion to the acquisizson of tan %oamiilus house lease _ and the site where they're currently located. In our discussions, they have located a site to build that's in the warehousing district that appears to ba., satisfactory to everybody involved. The, amount of money:; being otfsred, Mhich.; is very similar to what we've had in the previous contracts have been agreed to in terms of the one point three million for the lease and the site and the s' five hundred thousand dollars which is a social service grant Car the askt- five yearswhich is allocated for the purpose of helping Camillus House r` service population. t Vice Mayor HawkIna • Point f i f ti Mr Baffle Tho Is Iva huAdrad 0 A orfpa _ tiny y. thoulfApa dollars, that brings the purchase price to two million dollars? mr, Aaileys Tee. X 7 T4 y h- Vice Mayor Dawkins: Right or wrong? Commissioner Alonso: Yes. ± Coimmissioner Plummert That's part of the deal, yes. Mr. laileyt That is a total consideration. Commissioner Plummert There are two provisos that I have as an agreement. The first one, any impact fats of construction cost that are now applicable _ would be deducted from the hundred thousand dollars. .Vice Mayor Dawkins: A hundred thousand. Commissioner Plummert Per year. Mr. Bailey: The five hundred... yes... Commissioner Plummert Over the five years. In other words, if they had fifty thousand dollars worth of impact fees, it would be ten thousand dollars a year a less spread over the five years. And the second provision is, that if in fact, the City Commission as we know have for the past two or three years been cut by the Feds every year, like six percent or seven percent, that they would ; take that same percentage cut as the City takes. So if the City for example were cut ten percent next year on Federal, they would got ninety thousand. I can't give them something I don't have and they agreed to that. ' Vice Mayor Dawkins: OK. The other thing Brother... Plummer. What happens if i l— the land is contaminated? Commissioner Alonso: That's my concern. Toxic materials. ter. Bailey: In the last presentation... Vice Mayor Dawkins: What if toxic material... what now? Commissioner Alonso: If toxic materials... if we have the environmental concerns the test has not been done. Who will pay for this? And if no, I want it very clear at this time of the agreement. Vice Mayor Dawkins: You know everything else, tell us. Commissioner Plummer: You'ra asking me? Vice Mayor Dawkins: Yes. Mr. Bailey: You want me to answer to you want the... Commissioner. Plummer: With my understanding and i did not talk to them in reference,, that it was going to be split fifty, fifty. Is that not what was the previous agreement? The study as well as what the study resolved. Commissioner Alonso: The study, yes. The study I was told the City will pay twenty fivt hundred. I have no problems with that. 4 Mayor Suarez: And it's estimated to be fifty five thousand, is that fifty percent? Commissioner Alonso... But then if it comes and it's positive, we hove toxic materials, I want it to be spelled out, they would be responsible and not the City Of Miami. I want that to be crystal clear so we are not liable after weI close this deal. Mayor Suarez: I Susan you're saying five thousand, Are you saying that the, study is five thousand, Herb, just let me clarify that because I heord fifty. ,y percent... a. Commissioner Alonso: NO, the total amount is five thousand, Twenty five 4 hundred for the City. Msydr,Susret. And to twenty five huAdred is fifty percent, All right._ �1 commissioner Alonso: Yes. Mr. Baileys We are paying fifty percent of .the study of the level one testing, which -is already being conducted. Commissioner Alonso: Excuse me, you're say a test? Mr. Bailey: It's a level one testing, yes. We have to do a walk through first. That is... Commissioner Alonzo: Who did that? Mr. Bailey: ... that is, I just sent the contract out yesterday. Commissioner Alonso: We don't have... Mr. Bailey: It has not been completed, but let me ask all of you a question? Commissioner De Yurre: You say that you signed a contract yesterday? Mr. Bailey: We've sent out, yes. We've sent out the agreement yesterday, for the level one testing. Mayor Suarez: Is that subject to the approval of this Commission, today? Is that the idea? Mr. Bailey: No, you don't have to approve it. Mayor Suarez: Because why? It was in the Manager's discretion or what? Mr. Bailey: It was in the Manager's discretion. , _a `.'.•. 'iaaiuner 4)e rurre: A41V much was it? Mr. Bailey: Twenty five hundred dollars. Commissioner Alonzo: The total amount? Commissioner Plummer: How much? Mr. Bailey: That's our amount. Mayor Suarez: Herb, that's a little risky... Mr. Bailey": I would like to... Mayor Suarez: I'm not going.. I don't presume the Commission in going to pick a bone with the Manager on that but that's risky. - If the total.amounV is`five thousand and we hope to agree with theta through this deal to splitit` theoretically, it could end up being five thousand dollars if we don't reach this agreement therefore, he is beyond his discretion.' Mr. Bailey:' No, no. You have already agreed to'this at a previous'mesting. This is... Mayor Suarez: Regardless of whether we purchased the property or not. Commissioner` Plummer:' ThAt's why I didn't discuss the issue. it was al'reaO agreed upon. Mr. Baileys I would like to... look, if I could answer the question, I could... Commissioner Alonso: No, no. Excuse me, Mr. Bailey. Commissioner:: Plummer: said it has been agreed. We agreed to pay and I think that it's..,`I was told that there is'a`general understanding of each member of this Commission on the P twenty live hundred... F Mayor Suatett Right. _ A �} 9 1- } j Juns is 1 , Commissioner Alonso: ... that we are going to pay for the test. But I have never agreed that we will pay one penny for the cleaning of the property. If in fact, toxic material exist at the site, I don't want the City of Miami being burdened with any amount to clean the sits, -therefore, I want this to be done before rather than get in a legal battle after the effect, when in fact, they will feel better, we will feel better if it's done at the right time, now: Mr. Baileys Can I bring you up to date first, so you... Mayor Suarez: What is the... please, yes, Herb... let's bring... and -we may have to hear form... Mr. Bailey:... because we're getting... all of the concerns you have, I will give you the chronology so you can address appropriately. At. the last presentation we made here when Camillus House had submitted a amendment to our original offer to them which included Camillus House as a condition of our purchase, would guarantee that the site would be free of contamination. Commissioner Alonso: That's why they lost the contract because the came back with that and it was not accepted. Mr. Bailey: No, no. I would like to finish and you're right. We never did get to a contract. Because of their amendment... Commissioner Alonzo: Mr. Bailey, I'm sorry. We did have a contract but when they did not accept that part then we lost the contract. As a matter of fact, a contract existed from all points of view of real estate. The contract did not exist when they changed one of the clause, that it was, they did not want to pay for the toxic materials if in fact existed and that's the point that we are coming back and it has not been discussed because I checked with them and that item has not been addressed and is to me. of vital importance to the Citv of Miami because we don't even know how much it will be. So, if you address that, if in fact exist. — Mr. Bailey: I would like to... I'm trying to get to that. When we came back the last time and that was one of the conditions which caused us not to have a, valid agreement and.we had to bring it back before this Commission to get this Commission to determine whether or not the amendment would be acceptable. And the amendment said, they will be given a specific amount of timeforwhich to relocate the facility, they would stop the feeding and that they would assume no cost for the contamination removal, if.any were to be found. When we began to discuss that, we presented, the administration presented its point of view in terms of how we felt about the contamination. We felt that it was 'so important to have Camillus House removed that there were ways in which the. administration could have that cost underwritten without any cost to the City. Then we got into a discussion about the price; and I think Commissioner Plummer, in his discussion about the price caused the entire negotiation to.be deferred and to come back for some other reason but at that particular time, we were presenting and recommending the price which is still the samt_,amount,.,' two million dollars and that the time to remove themselves. within an eighteen, ' month period of time and that the contamination would not be an obligation of the Camillus House. Now we're back to this point and in_discussing,what we. have in front of you today, we are still consideration the price, we are still. consideration the point of time for which they have to move. They will stop the feeding lines and the contamination. We are recommending that the contamination not be an issue because we have other ways to deal with that. Commissioner Alonsoo Which one would you tell me, without any cost to the City of Miami? Mr. Bailey: When we put the site out .for bid, whenever, at that.potat in time, we don't know when it's going to be, we can include in our arrangomemt with the developer that all cost of contamination removal be the responsibility of the developer, not the City. z Mayor Suarez; And there is one other one, which we seem to be forgsLLiinB, ale' can initiate action and request that every single entity that is orrnd. regardless, of what the deal we reach is with you in a chain eft title'�'Or uAe.,,-. or supplies or otherwise the materrial$ over there that have cogtamiaated the site be made to contribute under super fund legislation. a Mr. Baileys They do not rule... they are still obligated. Commissioner Alonso., That's right but the problem is it will be costly to the City, we will gave to pay the fines if imposed and we will have to get after every single owner of the property and it will end up that we will lose more money than we will get. Mayor Suarez., Typically, you know, we are the last purchasers, we of all people who have had no responsibility for occasionally we do have a situation where the past users, owners, etc. gust simply are not around to be collected from. Chances are, we will be able to collect if in fact there is contamination and if so far... Mr. Baileys If there is. Commissioner Alonso., Right. Why not address the situation at the right time?... now. Mr. Bailey: Well, the Camillus House... Commissioner De Yurre: Herb, let me may something. Are we getting into and I think that's where we're heading, into the same situation that we have, what is it, Las Palmas or whatever?... that that's contaminated they can't build anything there now? ,i Mr. Bailey: That's the convention center with Las Palmas. We are... Commissioner, I would like to submit to you... we have had to remove contamination in the Park West location already. We don't think that the level of, contamination on the Camillus House site will be any where near what we have experienced on the site where the Arena Towers and Biscayne View is. We don't know but we feel... Commissioner De Yurre: Let me tell me what t do know, OK? Because you know, I've gotten... I'm tired of this process and there's a limit to everything and we keep coming back and you know, it's the same thing back and forth. - It's like a tennis match. First of all, I stopped at the two million dollars, I will not give one more penny beyond the two million dollars because I think it's too much to begin with. And the only reason I've gone to the two million dollars and the package that we've created, is to finally get rid of this problem in the area, that's number one. Number two, if I've looked to anybody to put additional monies, it's going to be the owners in the area because they are the ones -that's going to benefit from this because they have been buying that land for a long time, they've been hold on to it hoping for us to buy Camillus House and automatically, their property value is going to go up,' if not double, it's going to go close to that. If we are looking to twenty five hundred dollars and the problem is Camillus House's problem as far as the contamination, they should put up the five thousand dollars, they should do their study and they will know how much contamination they have there' =And if it's too much for them to handle then don't get into the deal with us. Novo - what happens is, that we are committing twenty five hundred dollars to see what, thestudysays, if they don't like it, we have no deal, we lost twenty five hundred dollars. Unless there is a commitment that the result of this study will be borne by the sellers which I doubt they will do that, then I i don'.t see why we should spend a.penny inthestudy. ;. Mayor Suarez: Well, we are beyond that. Cnmminnioner De Yutroe Lat ►e an,to tho ownere ^.f 'M: ===: =w= ••+rt d+•I%+fin out some dollars towards this outfit. Mayor Suarez: I don't imagine the twenty five hundred dollars will be an issue. 'I think weere beyond that but I have a feeling that we could gist the twenty rive hundred dollars, if tact, I would pledge it if we had any.pshblems getting it. Vice Mayor Dawkins. Vice Mayor Dawkins: Mr. Bailey, what happens if we acquire the land and them F it is determined that the land is contaminated? Who gets sued for`PJAN demaanding that it gets made environmentally clear immodiately? Now, I heaix' . { you ai.sy that ws could tack on to the sale• price the cost of tleerius'the:14ad astd aaskisg it.asf*l but what happens if AQ aaae -ls wil t ing> to buy thi "101.4"too AISU ae° that cost of clearing it and Vat are Stuck wish► it, ws th• ►� 'auk .- 79Wn ? e .19WS DIAM demands that we, the City, make it environmentally safe. What happens then, sir? Mr. Bailey: We'll clean it up. Vice Mayor Dawkins: We'll clean it... and as Commissioner Alonso has asked, where will the money come from? Mr. Baileys All of the money involving those projects comes from our Overtown Park West gust Funds through the bonds we issue, it does 'not come from the City's general obligations funds, it does not come from the -City CD funds. Those monies are earmarked for that purpose and we are obligated under the statute and the redevelopment plan for all infrastructure improvements. It doesn't matter whether it is contamination, roadways, storm sewers, utility line removals or whatever, we are responsible for the infrastructure improvements of the site including contamination. potential cost of removal? Commissioner Plummer: What is the p , Mr. Bailey: The last one we did, which is on Biscayne View, I think we spent pretty close to one hundred thousand dollars and it really wasn't contamination it was really debris, we took some tanks out of the ground .that at one time there used to be some sort of filling station there. We don't feel and this is just our professional opinion, that that particular site has severe contamination. Mayor Suarez: Anything from the Brothers of Good Shepherd, I see their counsel getting up eagerly and I also see you, Mr. Vieth. Mr. Harvey Vieth: My name is Harvey Vieth, I am executive director of Camillus House. You know, we've spent a lot of time with everybody and I appreciate that and I knew this was going to come up. I feel that the l responsibility for getting rid of the contamination ultimately, if you went '{ through the courts, would lie with us or someone before us that caused it. Mayor Suarez: Are we not... If we went through with this deal Madam City Attorney, we are not in any way changing that allocation responsibility, are we? = Ms. Linda Kearson: That's correct. Even if we agree to indemnify Camillus House, the courts would still look to the City of Miami for that corrective action as with the federal agencies. So, we cannot remove ourselves from the line of liability... Mayor Suarez: That wasn't my question... Ms. Kearson: What? Mayor Suarez: My question is, are we removing them from the line of liability by?... Ms. Kearson: Only in terms of having to pay whatever cost they may incur._ -If rre indemnify them, if we say that we are responsible... Mayor Suarez: Are we... isn't it proposal? Ms. Kearson: ... as between the City and Camillus House. Wwnr Caaray.• T rl44+111P thinly Ye were indomnjfvlwZ tSm" ill thiY j/. 4/rrrY.. Doesn't sound like it would fly if you want them to indemnify them in a proposal. They are not asking to be indemnified in a proposal. ' Commissioner Alonso: So, why don't we include that they will be responsible for payment if in fact, we find the contamination. Let's spell this in the contract and include this, so they know that they will pay and thou we feel that we don't have any kind of obligation on this matter. Mr. Vieth: My feeling is after talking to all the Commissioners and specifically to Commissioner De Yurre is 'that you stretched as far as you could the first time for the two million dollars. Is s lot of reseons certainly, why we want to move and you want to move us, I understand that., jut if it's ultimately our responsibility let's ;at it on the table, we take 1 00 June 7, 1994/ the responsibility and we move on, because we Can't continue and people are starting to get irritated again. We spent last three months trying to get this thing worked out. i think we have it worked out and I think that's what Camillus House should do. r Mayor Suarez: So your understanding is, that if we snake the deal, the responsibility would remain as they presently are in the law. Mr. Vieth: That's right. Commissioner De Yurre: Without lawsuit. Mayor Suarez: Nall, to the extent that they are responsible for it. i Mr. Vieth: We're responsible according to the federal law now. Mayor Suarez: Which under the law is, probably most of the responsibility t because they have owned it all this time or they have used it. , i Mr. Vieth: Right. Commissioner De Yurre: But what I want to make clear is, that -if there is an I issue and we're going to purchase the property at the time of the closing, or it has to be determined how that payment has to be made, either we are going to do the cleaning up and you give us a credit at the closing for the monies oryouknow, something along those lines so that we can wrap this up. Commissioner Alonzo: The test will be completed by that time, therefore, we will know the extent of the contamination... Vice Mayor Dawkins: Mr. Mayor, Mr. Mayor... • i Mayor Suarez: We will certainly know before the cleaning. Commissioner Alonso: Therefore by that time, then we will have... no, what we should do is instruct the City Attorney to include this in the contract, that i the Camillus House will pay for this clean up and the City of Miami will not have any kind of responsibility. Mayor Suarez: Well, at least that the City will not... Mr. Bailay: May I suggest something, please? Vice .Mayor Dawkins: Mr. Vice Mayor, do you have any suggestions? Vice Mayor.Dawkins: Yen, I have a suggestion. Mayor Suarez: Otherwise, we'll never get out of hare. Vice Mayor Dawkins: I'm going to move this and I would like to move it with this proviso. Everyone in the City of Miami, all businesses, media and everyone: has said that ,the City of Miami has not in anyway addressed > the ' Camillus House issue. I'm going to move that we go ahead and purchase this land and all of those hypocrites out there who beat up on us about the land, if,.it becomes necessary.to remove any contaminations, that those in the public.: who have beat up on us, step forward with their money and help Camillus House clean the land, Pj+vm. .",uarez. I -._,e a the meti_n sis. iwcl.--dec C—izzi6ner AlomccIt •+wd A.. Yurre'.s reservations about the City not occurring any of the liability for the clean up of the contamination. Vice Mayor Dawkins: What I'm saying, I said... mayor Suarez: I think Herb, I wish that I could understand it differently but I can't. Vice Mayor Dawkinst What I'm saying is, that we will not, that wo will lot the public sector, let them step forward and put their money where there mouth t; top if they are so concerned about our not mesting the needs of solving this problem#:so now, we're going to do ghat we have to do, Mayor Suaret: vice Mayor, are you willing to go as far as to say that let the responsibility for the clean. up remain as prescribed by law before the closing? Vida Mayor Dawkiast Yes, sir. Mayor Suarez: All right, I'll go with that motion. Nice Mayor Dawkinst And than, it's up to the Camillus House... Mayor Suarez: Which means that we don't indemnify you, you don't indemnify us but we'll certainly pursue you for the cost if by any chance any of it is attributed to us, which I don't think it would under the law. Commissioner De Yurret And that includes... Commissioner Alonsot Two points of clarification, if I may. The first one, I was told by Camillus House that as a result of our action here today, they will not continue to work toward having the... Mr. Vieth: Satellite. Commissioner Alonsot ... Flagler and 6th .Street servings, no satellite kitchens, serving or deliver, to that location and I want that for the record that, that will not take place, that you will not be involved in any way whatsoever in satellite kitchens anywhere in the City of Miami. Is that so? Mr. Vieth: I agree. Commissioner Alonso: And especially the one in Flagler, it's not going to continue. Mr. Vieth: I agree. Commissioner Alonso: All right. Nov, one other item I want for clarification on the record. I don't hear anything about Dorothy Reader. This lady owns 700 through 728 NE 1st Avenue. Have we... Mayor Suarez: Why are we on the acquisition of that, Herb... Is that?... Commissioner Alonsor taken into account that this lady has an interest in this and it is to our interest to handle her case at this time... Mayor Suaraz: And get that resolved too. Commissioner Alonsot ... rather than waiting at a later time. I think it will be much better for the City of Miami to address the problemnow, rather than a time that it will be her choice. Mayor Suarez: Where are we on that, Herb? Mr. Bailey: Well, that's a total different issue. However, we are buying the leasehold rights that Camillus House has with her... Commissioner Alonsot For forty seven years. Mayor Suarez: Oh, this is the fee simple ownership? Mr. Bailey: how, the fee simple ownership fnr the sit• is a matter that we have to negotiate with the property owner at another time. Commissioner Alonsot Exactly. Mayor Suarezi Have we got any indication from her what she is looking for? We do have a... Mr. Bailey: No, we haven't, Mayor Suarez; we do have an appraisal of what that's worth, right? Mr, Baileys We have as apprajosi, n Mayor Suareze Almost nothing, right? Mr. Bailey: But the issue here... Commissioner Alonsoe Now, perhaps it's nothing, who knows. Mayor Suaret: The more we delay, the more it'll be worth. Commissioner Alonsos The more we delay, the costly it will get for the City. I want it done now. Mayor Suarez: Because the lease is beginning to... absolutely. Mr. Bailey: But, I would just like to remind you that the issue here, which is inclusive of real estate is a matter of the operation of Camillus House, and once we can resolve that issue then we'll have time to resolve the land issue and even if we don't, we have forty-two years the use of the property. Mayor Suarez: Well, the Commission has indicated, I think Herb, that we. have to move very quickly to obtain fee simple ownership. It has done so in .more than one occasion and I'm frankly troubled by the fact that we don't even have negotiations going on that. Maybe it's because you thought that until we got the leasehold, which is a more valuable part, resolved, should move on the other. But we really ought to get that resolved. Mr. Bailey: We've had discussions with the property, the representatives of property owner and they have, at that time no interest in discussing the sale of the site. Mayor Suarez: Have they advanced a figure at all? I mean, I'm not asking you to Out it on the record but have they? IMr. Bailey: No, we did not advance a figure, we know what it's worth by Mayor Suarez: Have they asked for a figure? That's the question. Mr. Bailey: No, they have not. They have not asked for a figure. Mayor Suaraz: All right. Commissioner has indicated that for this to be sealed, - signed, sealed and delivered, she is going to want to see that fully negotiated and I'm not sure if it's a Commission's consensus but it sounds like a... Mr. Bailey: If.we resorted to that... Commissioner Alonso: This is not the first time that I have brought this item. I have presented my concerns and I don't know why this is not done. The City, it has plenty of experience in cases like that and we know quite well = that if we deal with this person at this time, it's going to be much it is convenient for the City to do it now. Later, I don't know, the price might escalate. , Commissioner De Yurra: Well. let me ask a couple of things as we have dealt with this issue before. Wasn't there a price dateresined based ''on `the lease amount that is paid, which is a nominal amount as to the value? Mayor Suarez: Yes. We have in our own estimation of what it's worth. Commissioner. De Turret OK. Now, based on that, we can start condemnation proceedings which we discussed before also. Mr. Baileys We have absoluts control on whether or not we would like to acquire that site either through further Aegotiation. Mayor Suarez: Well Herb, it sounds like the Commission is heading in a direction bated on the estimates that we have which we don't have to disclose on the record but I think all of us know, what they are roughly, To begin negotiations forthwith and if not negotiated, begin condemnation as to that, Mr, bailey: I 4udsretand what you're saying, Mr. Mayor and I understood Commissioner Alma very well, but I submit to you, it we have to at this tips •atsr, add on to the negotiations with the property owner... 3 June h Mayor Suarez: We're not necessarily doing that... . Mr. Bailey: Well, that's what she is saying. Mayor Suarez: ... we're trying to solve the bigger issue but I'm saying that the Commission also maybe as a separate motion, will instruct you to negotiate quickly on the fee simple and if not negotiated by, let's say the 28th, assuming that we close on the other deal, we begin condemnation... and fix the prices, the Commissioner is saying. So it doesn't get... Mr. Bailey: I have no... Commissioner Alonso: Yes, I want to state for the record at a later time, I will make a big issue if you come back with a figure that is higher than what it's estimated at this particular time. I think that this deal with the length of time that has been discussed, we should have addressed all the parties involved and I have no idea why we never discussed with this lady and finalize at the same time of this contract, in order resolve the problem of the property and not to hear anymore about that. Mr. Bailey: Can I correct the record, please. We have discussed at this level and we do have correspondence from the property owner regarding their ownership of that site. Commissioner Alonso: May I have copies of that please? Because I've asking. Mr. Bailey: Yes, we will. Mayor Suarez: And Herb, you make it sound like it's the simplest thing in the world to get that resolved and yet you know, for some reason, we're not in a Position of imminent resolution of it as you would think we would be, given that the more complicated and more expensive portion of this has taken us like two years. Commissioner Plummer: If it was so simple, why wasn't it done? Mayor Suarez: OK. We have a motion and a second. - i- Mr. Bailey: Can I get a clarification, please. I want to make sure... Mayor Suarez: We don't have a motion on that issue, so unless somebody moves it we're going to go with the existing motion. Mr. Bailey: Are you moving on... you're not amending his motion? OK. i Mayor Suarez: We are not at this point. Commissioner De Yurre. Commissioner De Yurre: OK. I just want to make clear, when we're talking about toxic waste removal, we're talking about asbestos or anything that's found on the property? • t Mr. Bailey: Well, that's part of the demolition and if we... that's not included in what I consider to be toxic waste removal from the soil - contamination. i Commissioner De Yurre: No, no. It isn't what I consider it to be for this vote. Commissioner Plummer: Hazardous. Mayor Suarez: I want to reflect in the record Herb, that the sellers of the leasehold interest of the property have nodded, meaning yes, they understand... { Mr. Vieth: We understand. Mayor Suarez; ,., that those responsibilities this deal, as proscribed by law. Mr. Vieth; l agree. 04 Mayor tuaret: OK. Commissioner De Yurre: And what does the law say? That the seller at this point in time is responsible for the removal .of all .toxic waste including asbestos or anything found on the property? Ms. Kearson: The law says, that any person in the chain of title is responsible. Once we acquire the property, we are jointly and severally liable while the owner may have been the creator of the problem, once we acquire, we too are also responsible. That's what the lay says. Commissioner De Yurre: OK. The bottom line. So, we are clear at getting away from law. For my vote, it's Camillus House, the sellers that are accepting the responsibility of the cost of any removal. Unidentified Speaker: Yes. Commissioner De Yurre: Ok, that's fine i Commissioner Plummer: One hundred percent. — Commissioner De Yurre: One hundred percent. Mr. Bailey: They are accepting the cost... Commissioner Alonso: For the record, yes? Unidentified Speaker: Yes, yes. We have to anyway, if you go through the r courts and you spend a lot of money, we spend a lot of money, we would anyway, so, why don't we just say we will and... Mayor Suarez: Well, you may be able to collect some from the fee simple owner, that does not preclude you from trying to collect from other people owner tnan the city. i Commissioner Do Yurre: That's up to them, they can go and chase who ever they want. Unidentified Speaker: The City could get a new developer to do it, we certainly wouldn't rule that out but right now, we... , Mayor Suarez: We wouldn't either. Mr. Bailey: Well, that goes back to the part Commissioner Alonso is bringing up and you know, the owner, property owner as of this time, even though we are buying the leasehold, rights of Camillus House is still responsible for any toxic waste found on the Camillus House site. That's why I would like to clear up the matter of getting Camillus House operations out before we deal with the owner of the fee simple land for which Camillus House has the lease ! on. Commissioner Alonso: Hold it a minute. I want a legal opinion on this. If Mrs. .Reader then will be the person responsible... if Camillus House is telling to us, yes, today, it will mean nothing to us? Ms. Kearson:, Mrs. Reader is not solely responsible. Mrs. Reader as a fee simple_ -owner is also jointly responsible but Camillus House as the person operating the facility will also be responsible. So, we're talking about Mrs. 7 Reader, Camillus House and the City of Miami. Commissioner Alonso: Not us, because we are not going to be part of that until the responsibility. ' No. Kearson: Well, we don't... No, under the law, if we acquire the property, then we are responsible as well. .Commissioner Alonso: 1 see. So, the hundred percent that Commissioner Plummer just said, is not really so, because we haven't heard the luly say, ....:yes. Commissioner Plugger: No, it is so, because they have agrsod to itt 91 O , f 5 d hoop- i i ot Vice Mayor Dawkins: I move this... i Commissioner Alonso: And do they have legally, the power to talk on her behalf? f Vito Mayor Dawkins 1 move this. Commissioner Alonso: They will pay. Ms. Rearson: Let the attorney speak for them, I can't speak for her. Commissioner Alonso: They will not ask Ms. Reader to pay for anything, you will be responsible, hundred percent for the cost of removal of any toxic materials including asbestos. Unidentified Speakers Yes, ma'am, but without precluding our right to look to other people than the City of Miami to reimburse.us. i Mayor Suarez: But it doesn't preclude their right to try to proceed against anybody else? Commissioner Alonso: That's fine with me, but as far as I'm concerned... Mayor Suarez: Thank you. Commissioner Plummer: With one proviso, you can proceed against other people but not the City of Miami. Mayor Suarez: Except for the City. Unidentified Speaker: I said that. Mr. Vieth: That's right. Commissioner Alonso: OK. Mayor Suarez: All right. That's in the record, we have a motion and a second. Vice Mayor Dawkins: Call the roll. Commissioner Plummerr There are objectors. Mayor Suarez: We have to... Vice Mayor Dawkins: Oh, we've got to hear from the objectors. Commissioner Alonso: One last comment on my part before I can vote on this item. Mayor Suarez: Please, please, Commissioner Alonso. Commissioner Alonsor My concern again about the amount of money that;we have to ;pay to Mrs. Reader is, the cost of this -deal as far as we are.concerned; wil are saying is `two million Mhos in fact, re don't know how much Will ..be the; . total amount because I have not been given a figure from the administration as to how much this lady will accept. I want that to be part of the record. Mr. Halley: Cemmiasionar, can T •,r ls.in rh.t wa novar aeR:a::_ we come to this Commission with appraisals and that establishes fair market value, it may change from month to mouth; Mayor Suarez: She is puttiag into the record that she didn't Set that fiSurel - Test Commissioner. Commissioner Plummars Question, The remaining fee simple is for forty seven Years? Mr. 0silay: In the forty year _rams, I thlAk, I'm not asrtaiho Commiasioner Plummer: OK. Doss that preclude us, doss that preclude us from ledsial out that property on a basis of forty seven years? #s fr �� * F !' f Mr. aaileyt No, it doesn't, its have... Commissioner Plummer: Ws could do anything we want with it. Mr. laileyt We could do anything we want with it for the lease, yes. ror the pariod'oftime we are buying the lease rights. Cowhissioner Plummert There's the new City Hall. Commissioner Alonso: I think so. Commissioner Plummer: We got it as part of the deal. nice Mayor Dawkinst Call the question. Commissioner Plummert No, you've got objectors. - vice Mayor Dawkins: OK. Well, let's hear from he objectors. Mr. Alan Savitz: Yes. a Vice Mayor Dawkins: Yes, sir. } Mr. Savitz: My name is Alan Savitz, president, Universal Home Products. And I -would like to wait for Mayor Suarez to be off the telephone because... Vice Mayor Dawkins: All right, anybody also want to state their concerns '— while he is waiting, would you like to state yours, sir? Unidentified Speaker: I do. Mr. Alan Savitz: I'll Wait until we have full attention, sir. Vice Mayor Dawkins: You're going to wait for the Mayor. All right,,.you, come on in,, sir. Unidentified Speaker: I'll wait until everybody can hear me. Vice: Mayor Dawkins: All right, then let's break for lunch and come back after lunch. - Commissioner Alonsot Please finish... OK, fine. Unidentified Speaker: That's not fair, we've been here since early this morning. This is... — Unidentified Speakers I have a business to return to. .Commissioner Plummer: Wait a minute, who is feeding this homeless? Mr. Savitz: All right, OK. We're on. Mayor Suarez: I think the way we're going to have to handle this, we're going• .; to have complete presentation by the City and of course by the Brothers of the,.. Good Shepherd, subject to anything you might want to state afterwards, but unless the Commission'wants to hear briefly from the objectors, I think the best... Commissioner Plummer: I think people ought to be aware of the policy. The E last speaker at noon is the lastspeaker, the last item at nine is the last item. So... Mayor Suarez: And I'd like to give you the benefit of you know, the ten minutes at least that you are entitled to and two minutes per speaker, so.., �t Mr. Savitz: OK, we appreciate that... Mayor Suarez: The vote will be held until after we hear form you. We,d+e hdvtr tf a motion and a second on the floor which can be maintained until after the + t recess, t1 k k - A>jYssc��a i 87 w Me. Natty Hirsis We have a motion by Vice Mayor Dawkins, we treed a second, Mr. Mayor, Mayor Suarez: I thought it was seconded? Commissioner De Yurres OK. I'll second. Mayor Suarez:: Seconded by Commissioner. Commissioner Alonso: Could you clarify your motion again, Commissioner? Would you read the motion? Ms. Hirai: The motion is moving the item as stated leaving the responsibility as it presently appears under the law. Mayor Suarez: All responsibilities as to contamination are left* as, presently in the law and not otherwise affected. Commissioner Plummer: Well, but that's a part of the big motion? Mayor Suaraz: Yes. Commissioner Plummer: And the big motion is, that the other two items that I had in there that I don't think have been written in yet in reference to the development fson and the possible... if we got a reduction they got •a reduction. Mr. Odio: We had the letter signed yesterday. Commissioner Plummer: OK, fine. I haven't seen it. Ms. Kearson: We need a point in clarification though, however. As prescribed by ]Aw means that we are liable, we want to specify in the contract... Ms. Hirai: But they have stipulated separately as to their own responsibility for Ms. Kearson: OK. But that is to be included in the contract, that they would be responsible. _Commissioner Plummer: And they would surrender a letter accordingly that would hold and indemnify the City from any cost. Ms. Kearson: Right. Mayor Suarez: I daemed his statement on the record to be precisely that and if you can get it in the form of a letter, and Counselor, provide that to us, so much the better. In the meantime, that is the motion before us'and we will take the objectors right after lunch. I think we are scheduled to be back at 2: 00 p.m. r' Commissioner Plummer: Thirty. ' — Mayor Suarez: And the Commission always request for that to.be 2:30 p.m* so we will adjourn now and come back.at 200 p.m. Thank you. 3 TKER=PON TH8 CITY COMMISSION WWT INTO A L=CHEON vet_g AT 17e06 P.M. Fr QwrMVVR D AT 2:45 P#M.. WITH ALL MEMBERS OF THE CITY COMISSION TOMW TO 48 PRESENT. } 4 I fi � -------------------._-r------i.------------------------------------------.---- - 24.1 (Continued Discussion) AUTHORIZE MANAGER TO MAKE AN OFFER AND EXECUTE AN AGREEMENT OF PURCHASE AND SALE WITH THE BROTHERS OF THE GOOD SHEPHERD, INC. - FOR ACQUISITION OF PROPERTY AT 700-278 AND 732-740 N.E. 1 AVENUE (CAX:LL'uS HOUSE) - AUTHORIZE CITY ATTORNEY TO PROCEED TO C:,OSE CN SUB.7EC= PROPERTY AFTER REVIEW - AUTHORIZE MANAGER TO EXECT:TE SOCIAL SERV.CZ_S GRANT AGREEMENT WITH BROTHERS OF THE GOOD SHEPHERD, INC. AND 1110 ISSt*t- REVOCABLE PERMIT FOR USE OF SUBJECT PROPERTY FOR DESIGNATED i:ME PERIOD. Mayor Suarez: We are reconvened and had finished hearing from both the City and the Brothers of the Good Shepherd representatives and we have a couple of objectors. I'm going to keep you to the code mandated limit of. two minutes, so, give us your name and address and state your objection if you would, sir. .+' Savitz: OK. Alan Savitz, president, Universal Home Products. We are located on the corner of 19th Street and North Miami Avenue right adjacent across the street to the new proposed building. We object to this because of the following reasons and what we requested is is delay, to give the people the opportunity to speak their objection against the project because we just heard about this, this morning, as you can see, we're here. Mayor Suarez: You told me before in the recess what kind of business you have, would you put it on the record? I forgot what it is. Mr. Savitz: It's a wholesale textile type business with sheets and pillow cases and small items that we sell, Mom and Pop shops and small department stores and small business people that are daily coming in and out of our business... :..... ...... ,_d --:Led w:ate. e? _.._..----.._. __....._.. yc:. ._ Mr. Savitz: On the corner of NW 19th street and Miami Avenue. Commissione. Plummer: That's the fire station? Mr. Savitz: Right across the street from the fire station and right across the street from the new proposed purchase of the property. Now.., Commissioner Plummer: But you're on the west side of the street? Mr. Savitz: No, the north. North side of... Commissioner Plummer: Oh, you're between 19th and 20th? Mr. Savitz: Yes, sir. Commissioner Plummer: Isn't there a seat cover place up there or something on the corner? Mr. Savitz: No, that's the next block over. We're right next to... and we're right across the street from Miami Fire Station. That was another thing I wanted to bring up, that the Miami Fire Station, their trucks and fire rescue care shoot out of there fast for rescue missions and with a lot of people walking around the area, they could get run down, they can get hurt, they can delay and they could bring lawsuits even against this City. And I think that this snoula be thought of a little bit more regarding the new area of location. My son who just graduated from .the University of Florida joined my firm in February. This business has been there for twenty five years.' Our business would definitely be ruined by the location of Camillus House right adjacent to our property, right across the street. I read... Mayor Suarez: Have you seen the Miami Rescue Mission facility right in that vicinity? Mr. Savitz: The Miami Rescue facility is in back and behind and more towards` N1 2nd Avenue. Mayon Suarez: Have you aaen it though, have you sort of driven by there and seen how that's operated and how that's affecting or not affecting the neighborhood? Mir. Savitz: #dell, just yesterday someone stopped by and they said, can you give me $4,50 to gat into the Miami Rescue Mission because I want to get a shower and... E ;dew Mayor Suarez: Well, that happens to me right here in front of City Hall. Commissioner De Yurre: May I ask a question of the City Attorney? Do we have any may over where people may purchase or not purchase property? Ms. Kesson: No, sir. You do not. 4 Commissioner De Yurre: OK. Thank you. Mayor Suarez: That's the problem. But anyhow, anything further? Mr. Savitz: Well, the thing is, I understood that this was all tied in so they Mould not purchase property near their present location, that part of your selling or buying is to make sure that they out of your area but the only thing I want to bring up is then, they have just moved into another area in downtown and the same problem will be there. There's also two schools in the area, Miramar Elementary and there is also the Phyllis Wheatley, and these little kids go walking through there, there is light to cross the street around that area and I don't think it's conducive to have men and people lounging around the area and it's not the fault of Camillus House, it's just the way it is, you know the facts of life. The community will be better - served by relocation to a more distant area and you know, we've invested over twenty five years, a lot of money in this property and the thing is, just as somebody stated, that the property will be worth double where they are leaving, it will be worth half where they are going to move to. And I think' ' that there is going to be a zoning probism with restaurants, and hotels that's similar to what they are running. They have a kitchen, they have restaurant facilities, they have rooming facilities and, but most important I would like you to go by there.sometime and see how good the fire station number two, they react quickly they pull out of there fast and somebody is going to get hurt and get run down. I think it's poor planning to make a deal where they have to get that. Let me turn the thing over to someone else and I thank you all. Vice Mayor Dawkins: OK. Two questions from you, sir. Mr. Savitz: Yes. = Vice Mayor Dawkins: How many people do you employ? Mr. Savitz: Ten people. Vice Mayor Dawkins: Ten people and you've been there, how long? Mr. Savitz: Over twenty five years. This year is twenty five years... May. - Vice Mayor Dawkins: Thank you. Mayor Suarez: Thank you, sir. Mr. Dan Dawson: My name is Dan Dawson, I'm a business and property , owner at 1140 North Miami Avenue. TIva boon there for t'valyl� •••*�; I'm a generation restaurant, stars and bar equipment dealer. Basically, I just want to state for the record that I's: for the Camillus Mouse purchase but I.'d -like to be a little skeptical on how the funds are spent on the Camillus-Houee. You're going to be giving these people two million dollars for this property to hopefully alleviate the problem of the homeless in downtown Miami* but basically, we have to look at why the homeless are in downtown Miami .and what's to stop another organization from coming in and opening up Another¢ homeless facility and then you have to do the same thing all over.: My building has been for sale for throe years and the neighborhood -has Sottoa"to its gorse point in the last four or five years. I have stacks of police reports from many different situations I've had to 4041 V*th frQM,: ift throstoniag to just lose of property. I've also been approached by 419forent missions to purchase my property and maybe open up it mission thor+e. dAd 90 basically, even, it might be a smart move for me to open a mission and ask you t people for a million dollars and make a quick sale and you'll get me out of there. Basically, it's kind of a joke but the truth of the matter is, we are Promoting the homeless downtown and there are policies •that have to change — before we ever- talk, even start to negotiate purchasing the property from Camillus House. We have street feedings going on, whether it be the Camillus House or the concerned churches from distant areas, we are promoting the people to be there and as long as this occurs, we're going to have the problem r and we need to take a long in-depth look at what's going on. If we were to do F. certain things along with it, say, zone out the street feeding, something for nothing doesn't work, if you turn around and feed these people, a lot of these people are mentally incompetent, they really need to be helped and we're just -turning our backs on them and leaving them on the street. You feed them today, they are going to be there tomorrow waiting for another meal and they are going to be there as long as you keep the food coming. In the meantime, they haven't got the help they need, they are stuck on the street and nobody is really doing anything in-depth about it and the problem just won't go away. You know, I was wondering basically, if you guys could tell me what you've done towards that so along with the purchase of the Camillus House, what type of plans that you have to make sure this doesn't occur in the future. Mayor Suarez: Well, I'll tell how it worked in the case of Miami Rescue Mission. We purchased their property, we helped them to raise the funds from the private sector, they build a new facility, the new facility has beds only for the people who are fed and has not created a problem that I am aware of in the neighborhood. That's exactly what we hope will happen with Camillus House. Mr. Dawson: Oh, that's... Mayor Suarez: People are always able.to locate a... Mr. nawann: A va•v good brief answar Mayor Suarez: Right. Mr. Dawson: And it's good in the respect that it will be doing some help, but the problem is... Mayor Suaraz: It's a beautiful facility, I think it's run well, there are no lines outside that I am aware of... Mr. Dawson: I'm in agreement. Mayor Suarez: ... Only the people who are residing there are fed, just like my house and your house. Mr. Dawson: I'm in agreement. If I were take a couple van loads of these people though and bring them to your house and camp them in your front yard... Mayor Suarez: I take that back, at my house a lot of times, we feed people who are strangers. . Mr. Dawson: ... or on the sidewalk, they wouldn't be there in twenty four hours to forty eight hours. I've had to endure for twelve years and I tried to help some of these people, I deal with the police department in great depths, I'm trying to improve the City of Miami downtown and I try to take a long range look at what's going on down there. Basically, seventy percent of IGji r+�tsa,a..r as i:y.:.r t. And in GAe area, the Gver4uva Bark WeaL area, that*'* a great deal of import/export going on in that neighborhood. ,And basically, there's two major seaports on the east coast of the United States that people deal with in South America and the Virgin Islands and that's Miami and New York. Now you take into consideration the reputation that we've gained over the last few years between the riots and people coming down here having bad experiences in the neighborhood, driving along looking at the blight, and you take the property depreciation, the loss of business, domestic and foreign and we are talking about billions of dollars here, Now the City, we're going to give two million dollars to Camillus House and we're just passing the buck. Basically, the way I look at it, if we were to take two million dollars and icitiiite a program of our own and take care of our own homeless, and romov0 them from this downtown area with a good well thought plan, I think it would be batter than just living Camillus House two million dollars and allowing 91 June 7. 1990 0 them to go off on their own and try to take care of something that's really our responsibility to begin with. The police in the area sometimes I've had on life or death threatening situations I've had up'to a three hour response time. I talked to officers in the neighborhood and said, well, you know, how many of your calls are related to the homeless from window washing to murder? And basically, I was informed, I said, come on, what, seventy, fifty, seventy? And they said no, it's more like ninety percent of our calls are homeless related. 1 don't know if that's a hundred percent, you can find out from the City of Miami in that area. Basically, as a taxpayer, I'm paying for the police to take care of the homeless and when I need them, they're never there for me. My father fought in World War II, he doesn't want to carry a weapon anymore, he doesn't want to hurt anybody and yet, I can tell you a number of times where he has almost been killed down there and I don't feel that he should have to go through that as an American or taxpayer or a business owner here. Mayor Suarez: Thank you for your statement. Mr. Vice Mayor. Vice Mayor Dawkins: How many people do you employ, sir? Mr. Dawson: Well, right now air, we have, a few years ago we had about fifteen people employed for us but people are afraid to frequent our area anymore. Vice Mayor Dawkins: As of today? Mr. Dawson: As of today, right now, we have four people employed. Vice Mayor Dawkins: You have four people employed? Mr. Dawson: Yes, sir. Vice Mayor Dawkins: All right. Now, you mad• a statement that it's our... .Lim is yuur sia Lu►ceaL... Mr. Dawson: Yes, sir. Vice Mayor Dawkins: ... It is our responsibility to care for the homeless. Explain that to me, please. Mr. Dawson: Well sir, as active members of society and tax payers and the people who set laws and pass bills are the responsible parties in the society. We have to take care of people who aren't mentally capable or don't have the drive or initiative to tike care of them, for them, because they apparently` can't do it themselves. Vice Mayor Dawkins: And if we as the elected off icials, seem to think that the better way to do it is to work with an existing organization that already has quote, unquote a plan, that's supposed to be attacking this quote, unquote evil, you think that we are in error in not attempting to assist, this agency to most this need. Mt. Dawson: Well, I believe you're twisting things a bit, because... Vice Mayor Dawkins: See, that's a matter of opinion. I think you're twisting them a bit. Mr. Dawson: All right, you have the right for that opinion, I have the right for my opinion also. Vice Mayor Dawkins: Ok. Thank you. So, let's don't got into some matters of how we feel, you know. Mr. Dawson: But basically, what I was saying, in answer to your question... Vita Mayor Dawkins: 01K. Thank you. Mr. Dawson: ... in answer to your question, I fool, if you remember the first thing I said, I was in favor of a Camillus House purchase. I do behove something needs to be done and rather than picking at it, if you work with it, you'll $ee that I am not crazy. I have boon in that area for twelve years, :eight hours a day$ I don't think I've spent more of my life anywhere +else than -- 178. 9 June 1, 19 Q I have down there. I have two small a have to take care of them too, and I take you in that neighborhood... children and a wife and a house and I am responsible to them. If I were to Mayor Suarez:. Where do you live, air?,.. as long as you have mentioned your family and your kids. Mr. Dawson: I live in Hallandale. Mayor Suarez: All right. Vice Mayor Dawkins: OK. Mr. Mayor. Mr. Dawson: If I were to take you into that neighborhood that I do pay taxes in there, my business record, licences and everything. Mayor Suarez: You mentioned your family and your kids, and taking care of them, that's why I wanted to know whether you lived in the City, that's all. Mr. Dawson: Oh, no problem, I understand. But he was ready with a rebuttal. Vice Mayor Dawkins: Let me close this Mr. Mayor by saying, that we share your concern, OK? But we are not in my opinion, the perpetuators of this. If you will go down to Camillus House any night, you will find people who do not live in the area, who bring food down there every night and put the food out there. And Miller Dawkins said, they put it out there to keep them out of their neighborhood. OK? The people from Virginia Gardens, they bring food, the people from Coral Gables, they come, and they only bring it so that they do not go into their neighborhoods. Now, all we are trying to do sir, is establish some kind of a, like you said, a mechanism that we can control this. Now they are supposed to make sure that no people hang around outside because if w 11 w the eo le to con regate and hang around outside, just like you e a o p p g said sir, the same people that we drove out of business around the. Camillus !i uza, bi .1:...►;.:,s '-.412 w happen, %vill happen to you. And 1 agrea W.th yuu. Mr. Dawson: What I'm trying to do is improve the neighborhood and the quality of life down there for everyone concerned. I'm going to be out of there.. My business and building are for sale, I can't wait to leave. It's a shame, I'd like to stay there. Commissioner De Yurre, you received a plan on the Seattle homeless plan, didn't you... a few weeks ago? Commissioner De Yurre: We were out there and we saw how things worked. They also put in like six million dollars out of their general fund into the program which we don't have. Mr. Dawson: All right now, I had mentioned a little while ago, about the reputation of Miami being soiled basically by the way downtown appears to people who come there from out of the country, plus our own domestic people who live here in the state of Florida. I mean, I'm sure you are all aware of the competition we have for tourism from Disney Land and Central Florida, it's not worth it for people to come down here as it is any more, they can do, everything they want in Central Florida. Mayor Suarez: Well, eight million of them came by last year. Vice Mayor Dawkins: And tell your f ather that you looked and talked to an individual who also fought in the second World War. Who wont from England: through the Anzio Beach head all the way through France, England and Africa in the second World War and I got two guns. Mr. Dawsons I thank you, but if you were there everyday, you probably would have to use your guns, sir. Mayor Suaress We don't have to get into the issue of the military service. Mr. Dawson; Oh, he was bringing it... Mayor Suarez: You stated your dad s, he stated his, that's it, Anything else, sir? Comissioner Do Yurra: I have an uncle that served with the marLaos. .' tr, 93 9 Mayor Suarez: All right. Commissioner be Yurre: Just, for the record. Commissioner Plummer: I was only in the salvation army. Mt. Dawsons Basically, I wanted to say something... Mayor Suarez: Please, please. Mr. Dawsons ... before I left quickly, in shortness. A couple things I did, was I got the department of transportation together with the City of Miami police department and they're going to be working together now to keep the people from sleeping underneath the bridges. There are a number of properties in the area also, that once the grass reaches a certain height people go in and they start to build up... Mayor Suarez: The problem of the underpasses in downtown Miami and in many other areas is just horrendous. Anything you could do to get DOT, FDOT, County, to maintain those properties and keep them clean, it would be magnificent and they will have the effect of creating a disincentive for the - homeless. They don't tend to hang around if the place is all fixed up. They have no place to lie down. They have no place to use for cover and besides that, the downtown shouldn't look that way, and the Overtown area shouldn't look that way with those overpasses. They are awful. And they are not our responsibility, not our jurisdiction, no mattgr how much we try to clean them up. Mr. Dawson: No. I'm in agreement. Commissioner Plummer: Let me ask the administration a question. Mr. Manager, they just brought out about the underpasses. Cannot we go into, underneath those underpasses and eliminate all of those shacks that are being built with the sanitation departments Mayor Suarez: Can we not fence them in? That's another... Commissioner Plummer: No, no. Mr. Dawson: I have DOT... Mayor Suarez: Sir, this is not directed at you. ,i Commissioner Plummer: Don't come with Miller Dawkins fencing again. �- I Mr. Odio: It's a DOT problem. Commissioner Plummer: But can't we go is there with sanitation and clean up the area. Vice Mayor Dawkins: Violating... you all are going on private property. Mayor Suarez: Well, but a lot of them are, a lot of the right of ways, is i owned by the state. 4' Commissioner Plummer: I'm just saying to clean the property, it's ugly, it's_ horrible and it's dirty. �- M,w- c»arez: Can Kt.-ww• ....—.. frw„- =tZt. DdT to go in thcr_ ta=' do something? Mr. Odios I was checking because of some other reason, not because whether we should clean it or not. And it is... + Commissioner Dawkins: He's got all the Sanitation workers. He don't have no porkers. Commissioner Plummer: There is almost thirty huts under the 395• Mr. `Olio: x know where they are, exactly where they are. There if 411a9here on the Coral Way. 9 94 1us�r'.?. 1� �Fe -� Mayor Suarez: You know, if they would give them to the off street authority, they are magnificent at creating parking lots and putting nice landscaping and fencing around it, nobody uses then, under the underpasses, but they are great At fixing them up, make them look real good. Commissioner Plummer, The point I was trying to make, I don't think there is Anything in any law that says that we can't go in and clean an area. Mayor Suarazt Absolutely, and we would get authority from... Commissioner Plummort Now, what you clean up in that area is up to you but it seems like to me that if you cleaned up the area. the Bicentennial Park, I must of counted at least a dozen little lean-tos that has been built in that place. It seem like to me that we ought to go in there from strictly a sanitation standpoint and clean the area. Mr. Dawson:: I am for the... Mayor Suarez: No. Go ahead, sir. We've got to get on. We've been debating this issue probably for the last three years. Mr. Frank Martel: Thank you, Mayor and all you other nice people. I am Frank f Martel, I own a piece of property at Miami Avenue and Northeast 19th Street. I'm immediately north of the fire station. I took any old warehouse twenty- five year ago and built it into Rots Electronic school. This is the largest private technical school in the state of Florida. We have five hundred students in attendance twelve months out of the year, day and night. Forty percent of our students are young ladies today. By placing Camillus House right across the street, it means that the parking or the bus stop there will probably have to be eliminated, no one's going to use that spot and we will lose our student body. Now, I came here in Miami in 1954 and established Rots. And we have trained most of the technicians that work for the County and Cape Canaveral, IBM and the banks, the hospitals. Now, this spot that you nave p:npo;Lnted for Camillus House has 'tho Phyllii ghiailey School out the back door at 18th Street and NW Miami Place. You have Rots Electronic school right, across the street, you have the Miramar School about 600 feet east of our,building and then Temple Israel and a very nice park on the bay. Now, I'm part of the Omni Center development district. Hopefully someday, we will be able to do something with the old Fincher property, the Jefferson property, a few others, the Sears... 1 Mayor Suarers Excuse me, maybe you know the answer to this. What are the names of the principals caf those two schools? Wheatley and Miramar. 1 Mr. Martel:- They are public schools. Mayor Suarez: What are the names of the principals? Do you remember? 4 Mr. Martel: I wouldn't know Phyllis Wheatley. I think there is a,gal by the name of Doll, I think her name is Doll, that's the Miramar school. A Mayor Suaress You ought to got to know them real well, since you're in that <I area. Mr. Martel: Well, I would always talk to the doll, you know that. Th*. important thing is, we would like the folks in the neighborhood to help, like to help Camillus House in solving their location problem and we have talked -with Mr. Vieth, the executive director. What we would like is for this Commission in structuring per++r purchase of *ems i l.!a ?is+ss�, not 0. tat _n this specific location. The people who run Omni, Norm Raymond and all the other folks in the neighborhood are going to be affected by this greatly, and we,`Rt a spill over from the Rescue Mission as it is. Florida Power just put in a new eighteen inch water lino down N.B. Miami Court for their new facility on loth Street there, the old Charles plumbing property. So, they paid five million dollars for a piece of property and they are about to start construction on a facility there, and I'm sure that Florida Power would have something that you would like to hoar about what's going to happen to their facility there. I've worked all my adult life supposedly to build the - technical school and pay for the building and all of its renovation* and i tear that my pension as such, is going down the drain because 1 will not be able to hold the school in this building. I will not be able to sell the buildiag+ i'il have to gyve it away. I -will not be able to get a tonSat but 9 1 S_ 95 June' 7� 39U pleased with this new arrangement and we support the Camillus House in their efforts to relocate to this location. The residents have no fears and the people who are speaking here, they have not done anything to help or to assist the residents of the community in any form or fashion. ' You would sae that a lot of personal self interest has been expressed and we are talking about the entire community, so we support this wholeheartedly. Mayor Suarez: Thank you, Don. In the... Commissioner Plummer: Ban, just for the record. Ben, there is nothing wrong with personal interest. I'm talking to you... when a man has his whole life savings involved in a situation, there is nothing wrong with that. The problem that exists, let's put the cards on top of the table. There is no good location. OK? We all wish the problem would go away, but it's not. And as such, when I went with these people, we searched this entire community from the top to bottom and there was no one place that was not out going to be a problem if that was the chosen location. The reason that I agreed with these people on this location, as you know, I was adamant about the other. I agreed because to the best of my knowledge on the east side, there is a fire station and a cemetery. On the -west side was Dixie Freezers, a huge, humongous place. On the south side basically, was the railroad tracks and really not a whole lot, and the only area of concern that I had was to the north. To the north meant from 19th Street to 20th Street, I guess I can say, with the hope and desire that someday they could buy that property to expand. Now, in return, what did we get? Number one, I have an absolute promise from them, there will be no satellite serving centers, number one. Number two, they have assured me that that place will be fenced in and run as the Rescue Mission had been run and I have been there now on three occasions and I have to tell you, if there can be a first class facility of this sort, Frank Jacobs, I take my hat off to, who in fact, runs a first class, good operation. Next to that is the Salvation Army, and they run a good organization. I want to tell you that if h d I' they don't run this Camillus House in the same fashion, shams on t em, an m _ going to be around to tell them so for at least another year and a half and I nope more. Mr. Benjamin: I share your views, Commissioner and we had supported, said exactly the same thing. I didn't think I had mentioned it to you, felt the same. we had but we Mayor Suarez: Don, and you participated in the other hearings but as to people who now are in the vicinity, the key is that they are not going to operate soup lines. They.are not going to feed sixteen people for every one who resides there, which is what they've been doing. They have beds for about fifty, downtown and they are feeding as many as eight hundred people a day. That's sixteen for every one that resides there, even on a temporary basis. They are not going to do that. They are going to have a regular in-house, residential facility where you of course, get fed too, in addition. And it's a whole different way of functioning and that's the key as to what we are trying to accomplish. We don't want to impose a problem like we have had in a particular area of downtown or Overtown into another community, that's not the idea. All right, thanks to everyone, Commissioner Alonzo. Commissioner Alonzo: One last question. Funding source. It's blank. Mr. Odio: Yes. We have the community development funds. Commissioner Plummer: For the Commissioner's edification. Please spell out how that's going to be paid. It is not a lump sum. Mr. Odio: It is $500,000 on closing, and then a year later, it's $500,000 and then the next $500,000. And then the other... - Commissioner Plummer: No, no. The last five hundred comes in when they Dave completed the building. Mr. Odio: Yes, yes. And then the other five hundred thousand, it's a hundred thousand a year. Commissioner Plummer: Less the possible deduction. Mr. Odio: Less the deductions that were mentioned y_--,$ Y E; r r Vice Mayor Dawkins: What is the time limit we have placed on a complete move? Commissioner Plummer: Thirty-six months? Is it thirty-six or twenty-four? Mr. Odio: Twenty-four. Vice Mayor Dawkins: Make up... all right, put it in the record. Commissioner Plummer: It's in the record. Vice Mayor Dawkins: For the record, what is the time limit on the move? x Ms. Kearson: It's twenty-four months or until they receive a certificate of occupancy, whichever first occurs. Vice Mayor Dawkins: OR. Now, let me say it differently... Ms. Rearson: From the date of closing on the acquisition. s Vice Mayor Dawkins: ... so we will understand what we are saying. Twenty four months or before. Commissioner Plummer: Correct. Vice Mayor Dawkins: Not if, if... not no if now. If they would... because. they could be waiting for something another eight months or ten months or twelve months. Twenty-four months total or before. _ Ms. Kearson: Twenty four months from the date of closing, or before. Mayor -Suarez: Right. You might want to put that wording in. Commissioner Alonso: So, community development... and the money is available? UK. ... .. Commissioner Plummer: Well, excuse me. For the record, of the -five hundred thousand paid out through social services on a yearly basis, that money is not in the bank until we receive it in the annual allocation. Commissioner Alonso: Hopefully, because that will be... and 'weagreedthat it is going to be, a hundred thousand a year and if a reduction, they were willing to take the reduction according to the amount of money that we receive. OR. Mayor Suarez: OR. We have a motion and a second. Any further discussion from the Commission? If not, please call the roll. T C. 3 Qg f _ t The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption: RESOLUTION NO. 90-436 A RESOLUTION WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO MAKE AN OFFER AND EXECUTE AN AGREEMENT OF THE PURCHASE AND SALE, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE BROTHERS OF THE GOOD SHEPHERD, INC., `n FOR THE ACQUISITION OF THE PROPERTY GENERALLY LOCATED AT 700-728 AND 732-740 NORTHEAST FIRST AVENUE., MIAMI, FLORIDA MORE SPECIFICALLY DESCRIBED AS (A) THE FEE SIMPLE INTEREST IN LOTS 1, 2, 3, LESS THE NORTH 10 FEET OF LOTS 1-3 AND THE EAST 10 FEET OF LOT 1 FOR RIGHT-OF-WAY OF BLOCK 43N A.L. KNOWLTON PLAT OF MIAMI, AS RECORDED IN PLAT BOOK B, AT PAGE 41, OF THE PUBLIC RECORDS OF DATE COUNTY, FLORIDA, AND (B) THE LEASEHOLD INTEREST IN LOTS 19 AND 20, BLOCK 43N, A. L. KNOWLTON PLAT OF MIAMI AS RECORDED IN PLAT BOOK B. AT PAGE 41, OF THE PUBLIC RECORDS OF DATE COMM, FLORIDA, - RESPECTIVELY, SUCH OFFER NOT TO EXCEED THE PURCHASE PRICE OF $1.2 MILLION FOR THE FEE SIMPLE INTEREST AND $300,000 FOR THE LEASEHOLD INTEREST; FURTHER AUTHORIZING THE CITY ATTORNEY TO PROCEED TO CLOSE ON THE SUBJECT PROPERTY AFTER EXAMINATION OF THE ABSTRACT AND CONFIRMATION OF OPINION OF TITLE, WITH FUNDS FOR THE ACQUISITION OF THE SUBJECT PROPERTY BEING ALLOCATED FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A SOCIAL SERVICES GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE BROTHERS OF THE GOOD SHEPHERD, INC., FOR AN AMOUNT NOT TO EXCEED $500,000- WITH FUNDS THEREFOR BEING ALL A ]L .1CRQ�i . COMMUNITY , DEVELOPMENT BLOCK GRAN' - FUNDS"; AND TO ISSUE A _ REVOCABLE PERMIT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE BROTHERS OF THE GOOD SHEPHERD INC., FOR THE USE OF THE SUBJECT PROPERTY FOR A PERIOD NOT TO EXCEED TWENTY FOUR (24) MONTHS FROM THE CLOSING DATE OF THE PROPERTY BEING ACQUIRED; OR UNTIL A CERTIFICATE OF OCCUPANCY IS ISSUED FOR THE BUILDING IN VHICH THE BROTHER OF THE GOOD SHEPHERD, INC. IS RELOCATING, WHICHEVER IS EARLIER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS AFTER ROLL CALLS Mayor Suarez: The Manager be advised that Commissioner Alonso's concern and the rest of Commissioners about the fee simple property moving on that very, very quickly, as soon as this one looks like it's going. Hate to acquire the leasehold interest and still be stuck with the fee simple, so we can't sell the property outright. 178 99 .Tune 74 1990 a At 1920 Ntntm M►m)wt AvtNua + M Mi• FLf OA 33'f3t3 t303) 973•5700 = WHl'lL SML • IMPOIlT • msimPOa? ` ULM SIS 104 (U_NP MIA) August 30, 1990 ` ir. Harvey R. Vieth, Executive Director :AMILLUS HOUSE - lrothers of the Good Shepherd 126 N.E. 1st Avenue RE: POSSIBLE NEW LMNrICN-f.AMILLUS HOUSE ?.O.BOX 1829. (Corner NW 19 St and Miami Avenue) 4iami, Fl 33101 near .Harvey i 4e must address the MAIN PROBLEM of witty residents, nerchants, and coltImissioners previously '- miected your proposed new location. it has nothing to do with the "Poor aril lomeless" .)ut the certain percentage who are mentally disturbed, trespass, defecate, urinate, loiter NA sleep wherever they want; break numerous laws; and violate the human rights of their ieighbors. This is the problem, not the true "Poor and Homeless"1 ae applaud you and.the "Brothers of the Ck)od Shepherd" for the fine work you are doing in Tiding the "Poor and Hw eless" . The City of Miami is not prepared at this time to -properly ,elp'these people, so,, it must be left to other caring organizations such as "CAMILUS- >>OUSE". We too. are not insensitive to the needs of the true "Poor and Homeless", -and do.. cur part to help these people. 3n June.7th, we attended the City of Miami Commissioners Meeting where you and I were part :)f the, workings of City Government. City Commissioners are human and can be wrong in -their assessment of any.given situation, especially when they do not have all the facts. Such is the case, here! I .& others requested they delaytheir $2 , Wlion vote -until: your new location can be fully explored. We believe tFii's to be The Key Element :in the City purchase. :)f your existing. property. With this in mind, we requested that everyone study the following facts and look for a different location than NW 19st and Miami Avenue: 1. The PIMSE that your new location will be situated in an "Area mostly of warehouses and few peop is Wrongt 2. Universal Home Products is across the street from your proposed new location. Wet serne a useful _purpose. We are a -small Wholesale -Distributor of ready made Textile Products. WO sell on a low mark-up to small independent merchants who would not patronize us if "Camillus.;House" was across the street. .We depend upon these small store owners who, visit our Company on a daily basis. They will cease to cone and we will have to close; ol after 25 years at this same location! I realize that we 9ma11 "entrepreneurs" may be the sacrificial lambs on the altar of Progresel. Our small voice may never be heard over the loud diri of 'the big; business interests who want you out of their present location. That is life, and I am aware of it, but4 what aboutthe following menbers of this coomw'mity: ,it PAGE 2 3. C,ity of Miami Fire Station i2 (on Miami Avenue across the street from NW 19 St) rtrucks ad Res" trur cs shoot out of there fast on life saving missions. The "witerers" could not only be run over, but may also delay the rescue missions because the firemen would be forced to be on the lookout, for "stragglers". 4. City _of� -Miami Casa (South side of Fire Station No 2) Wye are proud of that little ty Cameteryl It JA kept up, and it has meurf fanous people buried there. It is non— sectarian. People of all religions, raves and creeds are buried there. If you move hare, some of your people may be sleeping there, fertilizing the ground, and desecrating family gravesites. 5. MartY WMW visit -and work in this area: At the Board of Education Building, at a nearby StatJone etc. One dent, with one of your people, will scare them off Some Flealtors recently lost_ sales and leases just on the "Rumor" that you were moving into this area. { 6. Miramar alsawtary School and a Slue are one block east of your proposed new TERM,n. Will the city —pay for the security services that nay be needed at these facilities, if you relocate to this area? .7. The OvertoMm Cmuwdty will be affected: Do park in a0jacent to your proposed new property on the Southwest side. This is a Park whem muW youngsters go to play and have fun! The Phyllis httieatleY Slementasy School and two C hur-es are one block away. On - i Ct and IQ tat a easkecash u�c and a School Athletic Field exist. TtrAV are new single family hares (one block west on Nei 1 Ave and 10 St.) One bed incident with one of your people could send this community into an uproar. We are on the'Nortleeastern perimeter of Overtown and have been located here for over twenty years. Ws have seen the slow painRuI-Eirovenent of this area. It has been a long time in conies! Unfortunately, if "Camillus House" moves to this area, the dreams and tripes of =W will be shattered. I am surprised that CmudMioner Miller J. OaWtins was not as vocal on this issue as Cmdesioner Miriam orreo was preventing Cmd.Um House's new location into "Little HaVane . On June 7th a Inaft from a Black Coalition group spoke in favor of your new, location. Apparently, they don't live nor work in this areal Years ago it was white coalition groups who voted in favor of proposals that would lower property values in Overto m! Ooa d imair Vid= die Yuma stated on June 7th that "When 'Camillus House' moves out Of the Wald s area, property values will double there." Likewise,, if you move , 11 blocks North (to our area), property values will be cut in half. Perhaps the black coalition group was not fully aware of the proximity of your new location to black playgsourde, churches; schools and houses. They were merely supporting your pcoprow for the "poor and !;cashes", which we also support. S. waxii center act" (2 blocks East) is a popular positive $500 Million program for' c s tubme bwatit of the people of Miami,and itwill have a good residual effect on our part of "OVIea_" - that is if you don't move in! ! ! Y-` S. Page 3 9. Please note that tans of the above (2 thvru 8) are warehousest 10. You hold 'ems miami rescue Mission", at tlieir new location 2020 N.W. first Ave# to be a model 601grad6n. however, during recent visits to the area lute at nights we found derelicts, who probably are harmless, but who intimidate those who trust enter the area, during the day, to earn'a living for their fattdlies. z K in conclusion, we suQport the rights of all human beings, but oppose those wino break the Law and infringe upon the rights of others. 'Phis is not your fault, but neither can you control it, not even with a big wall t 'Lb help one area (by navitvg out)- and to hurt another am (by moving in) is not right) For he whoam in the name of helping one does harm to another has not helped atWanslThe Archdiocese of Miami should study your proposed new location. The Poor and Morales arp human beings; they need a place wtwere they can have a sense of dignitr but being acmes the street from a fire station with periodic wailing sirens, and to be places in the middle of this "sensitive area" is an injustice Co all[ As an alternative solution, you should do what "Drodier Paul Jolumon" recently did in ®rowaard He bought "an old Condo that has, 28 Apartments aid a restaurant" . No construction and building headachesl You can move out and in fast) Your new location should be farther awaY from downboi n, at ].east 28 blocks North, because the City Commissioners may grow tired of paying $2 Million every few years to move you, amid may instead start passing detrimental resolutions. Copies of this letter will be sent to all interested parties in order to obtain a con>census of opinion► and if by same chance you nave across the street, you can count on us to be HT RIMER Coml A. Wabet E rerubve AslWO IC thll Cr+ M&A inch ChWO PrecN1vr 00101 (305)118.3671 11i16i90 09:51 PO2 KI1lp�,i�Ai�ldl�, If►�, it 46116 011i Mr. Roger Boman Little brothers of The Cood.Shophord 726 ME eat Ave. Miami, FL 33101 Dear Mr. Bomanc Jim Batten ie'out of town but asked as to respond to your quart' about our position on a proposed move of Camillus Mouse to a site on Miami Ave. between northwest 18th and iSth streets. xnight-Ridder firmly supports the move and your continued good work. The homeless of this aommunity,'and the community itself, owe a great debt to the Little Brothers of the Good i r L conditions recommended by the PIUMing DOD and Camillus 8ou9e1e ResDonse Special EYCeption for a Rescue Mission and Transient Facilitp Condition 1: Restrict the manner of operation of the rescue mission and transient facility, to allow waiting lines within the interior courtyards only; gates have to be open 3 hours before and 3 hours after meal serving time or overnight registration. Response's: Agreed. Camillus House will execute the same Covenant which the Miami Rescue Mission executed in 1988. The Covenant will provide that there will be no waiting lines outside the courtyard. Camillus House cannot agree to opening its gates 3 hours before and 3 hours after the meal serving time or overnight registration. Meals will be served from 3:30 to 5:00 p.m. and Camillus House will agree to open its gates one (1) hour before, at 2:30 p.m., and remain open for one (1) hour after, until 6:00 p.m. Condition 2: Provide a 12 hour !7:00 A.M. to 7:00 P.M.) surveillance system on N.W. Miami Court, and N.W. 18th and 19th Streets within 100 feet of the facility. Respon a 2: Camillus House will agree to provide twenty-four (24) hour surveillance by providing approximately eight (8) cameras around the building. - Condition 3: - Provide a system which controls the clients within the area . bounded by N.W 1st Place on the west, N.E. 2nd Avenue on the east, N.W./N.E. 20th Street on the north, and N.W./N.E. 17th Street on the south. The system to be provided by the appli cant, must be acceptable to the Law Department, Public Works' Department, and Planning, Building and -Zoning Department. - fITITITTTIW Camillus House proposes the following system: 1. Twenty-four (24) hour camera surveillance. �y proximately 3*G90-S!00)# six (6) days a week. 3. Approximately Thirty-two (32) crew members and the Brothers to provide security at all times. 4. No loitering or sleeping around the promises is permitted. Condition 4: Limit to 500 clients per day, except throe (3) times a year, in which case, 800 clients will be allowed. Resgonse 42 Agreed. Camillus House will limit serving meals to 500 people a day, except three (3) times a year, soo people may be served. Condition 3: Provide at least two (2).off-duty police officers to assist the park personnel in the surveillance of the park from sunrise to sunset. Response 3: Camillus House cannot afford to provide two (2), off -duty police officers. It would cost approximately $Ills, 372 a year. Camillus House will agree to assigning its Crew, as a part of its work program, to help keep Dorsey Park clean, as well as the area within a one (1) block radius of the proposed site. condition 6: Provide a van tram or jitney service available to clients in. the area to transport then so they can wait inside the rescue .mission walls. Response 68 Camillus House cannot agree to this condition. It would be too costly and bring even more people into the area. Further, no other rescue mission is required to do this. a lei 3 Ilk�J5 THE L17TLE BROTHERS OF THE GOOD SHEPHERD 726 N. E. 191 Avenue P.O. Box 1929 Miami, Florida 33101 • telephone: (305) 314.1069 • INTRODUCTION: 'I.. OVERALL HOURS OF OPERATION: Our evening check -in for our overnight guests is at 6:30 P.M. The guests arrive and are registered, and are offered the opportunity to shower and shave and receive a clean exchange of clothing. They arise at 5:00 A.M. an are served a light breakfast at 5:15 A.M. By 6:00 A.M., the overnight guests have left the area, most often to work at a labor pool (this is known from.past experience). The next time our doors would be opened for aervice' is at 10:00 A.M. for mail distribution. On Mondays, Wednesdays and Fridays, showers and clothing will be available from 10:00 A.M. to 11:30 A.M. Meal time in the new facility will.be.scheduled in .accordance with the.local school dismissal. The overall Camillus operation is closed right after the admittance and registration` of our last overnight guest. Our history shows that our guests respect and appreciate our services. Any untoward behavior is not acceptable and is dealt with accordingly., We feel our guests will not inhabit the Dorsey park or disturb the area because they are appreciative of the life- saving services we provide. ; Very seldom-; to .we have any f problems with guests at our present facility. II. DINING ROOM AREA: The new Camillus House dining room facility is 4,000 square'' .feet and has seating capacity for 250 guests per. meal- seating square feet per person) . Two rest -'rooms are. ; planned for. _ins de y4 the dining room area (one male and one _female), as-wel as `nest room' facilities within the rest of the campus complex (all is reflected in the architectural plans). 5; Guests will be permitted to enter a walled -in waiting area 30 minutes prior to the scheduled dining hour, which is one and'. one-half hours (Monday through Fridays and over the noon hour on Saturdays. The dining facility will be closed on Sundays). At present, we are checking the operational hours of the h,p neighborhood 'elementary school to coordinate and adjust our meal - � hours. . �� �C.� •sue The corridor walkway within the courtyard area will allow guests to line-up within the campus on'their way to the dining room. There will never be an overflow of guests on to the city, streets. In the event of rainy weather, guests will be offered cover by the outdoor pavilion roof which will be within the confines of the complex. In order to optimize the neighborhood environmental wF integrity -and achieve waste control, we will continue'utilixing reusable plastic meal trays. Disposable drinking cups and plastic utensils will be collected and disposed of prior to our guests leaving the dining room area. Any carry -out meals will only be served if guests bring non -disposable food storage containers. Camillus House has had three months experience serving 230 guests at one time as opposed to 96 we were historically serving. In July, the dining room was enlarged to accommodate this increase. This made it possible to reduce the serving time by one hour each day (serving hours now are from 3:30 P.M. to 5:00' P.M. as opposed to 2:30 P.M. to 5:00 P.M.). It immediately cut down on the tong waiting lines and enabled us to keep a constant flow through the meal line in the dining area. Because of the design of the new facility, there will never be a need for guests. to wait in lines outside the complex. Camillus House feels it is inhumane and undignified for people to have to wait for their meals under the public. It As because of dire circumstances that they are even there in the first place. III. LIVING ENVIRONMENT: The new Camillus campus has two proposed living environments. Fifty-six (56) male guests will be accommodated•in our overnight facility. This part of the campus will house•a recreation area, ten lavatories, ten showers and seven toilets that will access both the interior courtyard as well as the. overnight facility. The Camillus Crew Program is a long-term, transitional program that will house up to 32 male residents. These members will have access to private educational and meeting areas. They . are involved in an intensive six month program that offers our clients structure and an opportunity to transition "street' -life i k it ?!•� Crew residents become role models, and are a stabilizing force within the House. Each crew member is assigned an on -going responsibility. They assist in the daily upkeep of the facility and provide our dining and overnight guests with a sense of continuity and security. They are also involved in surveillance. around the perimeters of the property. x IV. CAMILLUS HEALTH CONCERN (CHC): At present, the CHC is opened 8:30 A.M. - 5:00 P.M., Monday through Friday and on Tuesday and Thursday evenings from 6:30 P.M. - 8:30 P.M. The clinic has 60-100 patient/client encounters per day. We. have never had a problem of. massive numbers of people waiting outside the building. In fact, on an average day, no more than 3-4 patient/clients are waiting to be seen by staff. The new facility will only provide a 10% expansion of the present clinic. It will house three separate waiting areas that will seat 35 people as compared to 17 presently accommodated. In the new clinic the men's waiting room will have a 20-seat - capacity. The women and children's waiting room will have a 10 seat capacity, and, the Social Services section will have a 5- seat capacity. The 3-4 patient/clients waiting to enter each morning will be able to safely wait within the walled -in area of the campus until the clinic officially opens each morning. Since.there is a constant flow of client/patients throughout _ the day, there should never be any concern with internal or external traffic "tie-ups". The Camillus Health Concern has been designed to provide primary care in the.following areas: Primary care medical, Pediatric, Obstetrics and Gynecology. Psychological services for children, veteran services, and legal aid are also offered. Five social workers provide case management and intervention. The clinic serves as an -educational site for the University of Miami, Jackson Memorial Hospital, Barry University, Florida International University and Miami Dade Community College. Residents and interns, nursing students and nurse practitioners rotate through the clinic for their clinical ' practicum. The average new patient visit takes approximately one hour from registration to discharge. Within this time frame, the typical patient/client flows through various components of the 91 17 - E Mr. Georg* Barket offered the following Resolution and proved its adoption. RESOLUTION ZB 107-90 AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF ORDINANCE 11000, AS AMENDED, THE ZONING BOARD GRANTED A SPECIAL EXCEPTION FROM ORDINANCE 110009 AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4; SECTION 401, I INDUSTRIAL AND C-2 LIBERAL COMMERCIAL, CONDITIONAL PRINCIPAL USES (2) TO ALLOW CONSTRUCTION AND OPERATION OF A RESCUE MISSION AND TRANSIENT FACILITY FOR THE. PROPERTY LOCATED AT 1801 NW MIAMI COURT, ALSO DESCRIBED AS ALL OF BLOCK 21 LYING W OF FEC R-O-W, JOHNSON AND WADDELL'S ADDITION TO THE CITY OF MIAMI (8-53) P.R.D.C. ALSO TRACT 19A, BLOCK 21, REPLAT OF JOHNSON AND WADDELL'S ADDITION (50-15) P.R.D.C. AS PER PLANS AND LETTER FROM APPLICANT ON FILE; ZONED I INDUSTRIAL SUBJECT TO RESTRICTING THE MANNER OF OPERATION OF THE RESCUE MISSION AND TRANSIENT FACILITY TO ALLOW WAITING LINES WITHIN THE INTERIOR COURTYARDS ONLY; GATES HAVE TO BE OPEN 1 HOUR BEFORE AND 1 HOUR AFTER MEAL SERVING TIME; A 12 HOUR SURVEILLANCE SYSTEM ON NW MIAMI COURT, AND NW 18TH AND 19TH STREETS WITHIN 100 FEET OF THE FACILITY; TWENTY-FOUR (24) HOUR CAMERA' SURVEILLANCE; ONE OFF -DUTY POLICE OFFICER DURING MEAL HOURS (APPROXIMATELY 2:3 0 PM - 6:00 PM) SIX (6) DAYS A WEEK; APPROXIMATELY THIRTY-TWO (32) CREW MEMBERS AND THE BROTHERS TO PROVIDE SECURITY AT ALL TIMES; NO LOITERING OR SLEEPING AROUND THE PREMISES IS PERMITTED; LIMITED TO 500 CLIENTS PER DAY, EXCEPT THREE (3) TIMES A YEAR, IN WHICH CASE 800 CLIENTS WILL BE ALLOWED; CAMILLLUS HOUSE WILL ASSIGN CREW, AS PART OF ITS WORK PROGRAM, TO. HELP KEEP DORSEY PARK CLEAN, AS WELL AS THE AREA WITHIN A ONE (1) BLOCK RADIUS OF THE PROPOSED SITE WITHHOLDING OF THE VAN TRAM OR JITNEY SEIVICE BEING MADE AVAILABLE TO CLIENTS IN THE AREA UNTIL THE ITEM IS RETURNED FOR COMPLETE REVIEW BY THESE CONDITIONS ONE YEAR FROM THE DATE OF ISSUANCE OF THE CERTIFICATE OF OCCUPANCY. THIS SPECIAL EXCEPTION HAS A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. Upon being seconded by Mr. George Sands the motion was passed and adopted by the following vote. - AYES: Ms. Morales and Basila Messrs. Moran-Ribeaux, Barket, Luaces and Sands NAYES: Messr. Alonso-Poch ABSENT: Messr. Milian Ms. Fox: Motion carries 6 to 1. November 19, 1990 # 9 Zoning aO Ii 1