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HomeMy WebLinkAboutR-91-0761I J-91-823 10/24/91 RESOLUTION NO. y _1761 A RESOLUTION, WITH ATTACHMENTS, GRANTING METROPOLITAN DADE COUNTY A WAIVER AS TO RESOLUTION NOS. 86-1018 AND 87-388 WHICH SET FORTH THE CITY COMMISSION'S POLICY ON NEW JAILS WITHIN THE CITY, AND AGREEING THAT SAID POLICY'S PROVISIONS SHALL NOT APPLY TO THE HEALTH DEPARTMENT FACILITY LOCATED IN THE CIVIC CENTER AREA SUBJECT TO DADE COUNTY ACTUALLY OBTAINING POSSESSION OF THE HEALTH DEPARTMENT SITE; AND PROVIDING FOR AN EFFECTIVE DATE OF 90 DAYS HENCE. WHEREAS, the City Commission adopted Resolution No. 86-1018 on December 11, 1986, expressing the firm conviction of the City of Miami Commission that the expansion and concentration of jail facilities in the City of Miami imposed an unfair and inequitable burden on City citizens; and WHEREAS, pursuant to Resolution No. 87-388, adopted April 30, 1987, the City Commission reiterated its opposition to new jail facilities being located within the City of Miami; and WHEREAS, the County Manager has indicated that over 2,600 beds for jails have been provided outside the City of Miami limits since 1987, and the City Manager suggests that a waiver of the aforesaid policy should be considered for the Health Department site which is located in the Civic Center area adjacent to existing correction facilities; a � ;.ATTAC CONI D CITY CFnR-11^PTION .., MUTk..... 13 OF 00T 24 1991 y1-- 761 RMWM P& -- RESOLUTION NO. �i 1 _ 761 A RESOLUTION, WITH ATTACHMENTS, GRANTING METROPOLITAN DADE COUNTY A WAIVER AS TO RESOLUTION NOS. 86-1018 AND 87-388 WHICH SET FORTH THE CITY COMMISSION'S POLICY ON NEW JAILS WITHIN THE CITY, AND AGREEING THAT SAID POLICY'S PROVISIONS SHALL NOT APPLY TO THE HEALTH DEPARTMENT FACILITY LOCATED IN THE CIVIC CENTER AREA SUBJECT TO DADE COUNTY ACTUALLY OBTAINING POSSESSION OF THE HEALTH DEPARTMENT SITE; AND PROVIDING FOR AN EFFECTIVE DATE OF 90 DAYS HENCE. WHEREAS, the City Commission adopted Resolution No. 86 -1018 on December 11, 1986, expressing the firm conviction of the City of Miami Commission that the expansion and concentration of jail facilities in the City of Miami imposed an unfair and inequitable burden on City citizens; and WHEREAS, pursuant to Resolution No. 87-388, adopted April 30, 1987, the City Commission reiterated its opposition to new jail facilities being located within the City of Miami; and WHEREAS, the County Manager has indicated that over 2,600 beds for jails have been provided outside the City of Miami limits since 1987, and the City Manager suggests that a waiver of the aforesaid policy should be considered for the Health Department site which is located in the Civic Center area adjacent to existing correction facilities; ATT A H IV D CCN CITY CONDAI . sI{' N E, OF OCT 24 1991 9 -- 761 �. , Ar NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDAt 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 policy of the City Commission set forth in Resolution Nos. 86-1018 and 87-388 regarding the construction and/or location of new jail facilities within the City of Miami is hereby waived relative to the site in the Civic Center area of Miami upon which a Health Department facility is presently located. Section 3. Said waiver shall be site specific and limited solely to the above mentioned Health Department Civic Center location, which is described with specificity on Attachments "A" and "B" hereto. Section 4. Said waiver is also conditioned upon and subject to the City Manager determining affirmatively that Dade County and the State of Florida have executed all documents necessary for Dade County to take possession of the Health Department site above described. i Section 5. This Resolution shall become effective. ninety (90) days subsequent to the date of its adoption. 0 PASSED AND ADOPTED this 24-th__..._ day of t©beg., ATTES MA HIRAI CITY CLERK PREPARED AND APPROVED BY: L E. MAXWELL v EF ASSISTAN CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: / J _ oi. , ,VIER L. UAREZ, 1991. CIVIC CENTER SITE PROPOSED FOR CORRECTIONAL/GOVERNMENT USE 6.35 acre tract, more or less, not subdivided and bounded to the: East by Northwest 13th Court; North by Northwest 14th Street; West by Northwest 14th Avenue; and to the South by Northwest 12th Street. ATTACHMENT "A" CITY OF MIAMI, FLORIDA 6 INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members of HATE: October 10, 1991 FILE: the City Commission SUBJECT WAIVER OF RESOLUTIONS FOR COUNTY JAIL SITE FROM : Cesar H. O d tlj REFERENCES Oct. 24 Commission City Manager Meeting ENCLOSURES: RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached Resolution granting Metropolitan Dade County a waiver as to Resolutions 86-1018 and 81-388 in order that the County can utilize the State Public Health Department site (see attached map for location) to expand its criminal justice related and jail facilities in the Civic Center area. BACKGROUND: On December 11, 1986 the City Commission adopted Resolution No. 86- 1018 (see attached) expressing the firm conviction of the City of Miami Commission that the expansion and concentration of jail facilities in the City of Miami imposed an unfair and inequitable burden on City citizens. Again, on April 30, 1987 via Resolution No. 87-388 (see attached) the City Commission reiterated its opposition to new jail facilities being located within the City of Miami. However, as per the attached letter dated October 3, 1991 from Joaquin Avino, County Manager, Metropolitan Dade County is pursuing the acquisition of state owned land in the Civic Center area where the State Public Health Department is located (see attached map) to be used to expand its criminal justice related and jail facilities in the Civic Center area. The County further states that if it is able to secure the Health Department site, then the need to build a correctional facility on the Interim Detention Center property located at 1145 N.W. 11th Street would be eliminated. It is therefore, recommended that the City Commission adopt the attached Resolution. Attachments METROPOLITAN DARE CC"�ITY, FLC - MDADE " FAX TRANSMITTED 10/3/91 Cesar Odio, City Manager City of Miami 3500 Pan American Drive Miami, FL 33133 Dear Mr. Odio: I To:—A� Date From: CESAR H. ODIC, City Manager Due PLEASE: �olfow-up. ❑ See me on this Issue. v ❑ Prepare reply for my signature. ❑ Reply. ❑ Other As you and I have discussed, the County is pursuing acquisition of the state owned land in the Civic Center area where the State Public Health Department is located (see attached map). we will seek authorization for this in the 1992 Session. Should we be successful in securing this site, we would like to use this land to expand our criminal justice related and jail facilities in the Civic Center. The City's cooperation in securing proper land use and zoning designations would, of course, be critical to meeting the County requirements. For your information, the County, under supervision of the Federal Court, has added over 3,300 beds to our correctional system since 1984 and we still find our facilities over capacity (see attached list). The Health Department site is easily accessible to our existing criminal justice and correctional facilities and would be a positive step in controlling the rising cost for prisoner transportation.. If we are able to secure the Health Department site, and subsequently build criminal justice and correctional facilities on the site, the need to build a correctional facility on the Interim Detention Center property located at 1145 NW 11 Street could be eliminated. However, this property, because of its proximity to the Metro Justice Building, Main Jail, the Graham Building, and the Jackson health complex would be ideally suited for other court related government uses, particularly future office space. As such, the City and County should carefully consider its future uses in light of the Civic Center master plan for criminal justice and health care facilities. Sincerely, �� "=45— oaquin G. Avino, P.E., P.L.S. County Manager J 1--- 761 3 J-86-1086 12/11/86 RESOLUTION NO. 86710113 A RESOLUTION EXPRESSING THE FIRM CONVICTION OF THE MIAMI CITY COMMISSION THAT NO MORE JAILS SHOULD BE BUILT WITHIN MIAMI CITY LIMITS DUE TO THE FACT THAT THERE ARE MULTIPLE JAILS ALREADY LOCATED IN THE CITY OF MIAMI AND BECAUSE FURTHER EXPANSION AND CONCENTRATION OF JAIL FACILITIES IN THE CITY IMPOSES AN UNFAIR AND INEQUITABLE BURDEN ON CITY CITIZENS; FURTHER DIRECTING THE CITY CLERK TO FORWARD A COPY OF THIS RESOLUTION TO THE DADE COUNTY COMMISSION AND TO JUDGE WILLIAM M. HOEVELER, U.S. DISTRICT COURT IN THE SOUTHERN DISTRICT OF FLORIDA. WHEREAS, the City of Miami is the site of existing county Jails and also has several state correctional facilities within its corporate limits; and . WHEREAS, there is a gross disparity between the number of such facilities located in the City of Miami as compared to the location of such facilities in other municipalities in Dade County; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. It is the firm conviction of the Miami City Commission that no more Jails should be built within Miami City limits due to the fact that there are multiple Jails already located in the City of Miami and because further expansion and concentration of Jail facilities in the City imposes an unfair and inequitable burden on City citizens, until other cities in Dade County have assumed their fair share of burdens in having jail facilities located therein. Section 2. The City Clerk is hereby directed to forward a copy of this resolution to the Dade County Commission and to Judge William M. Hoeveler, U.S. District Court in the Southern District of Florida. J�_-- 761 CITY COMMISSIOV MEETING OF 4i DEC 11 1voo d-87-444 4/30/87 RESOLUTION NO. 13P-38Q1 A RESOLUTION DECLARING THAT UNLESS AND UNTIL THE OTHER MUNICIPALITIES IN DADS COUNTY, FLORIDA, ACCEPT AND DISCHARGE THEIR FAIR SHARE OF THE ECONOMIC BURDEN IMPOSED BY THE LOCATION OF JAIL FACILITIES WITHIN THE BOUNDARIES OF THOSE MUNICIPALITIES, THERE SHOULD BE NO NEW OR 9XPANDED JAIL FACILITIES LOCATED IN THE CITY OF MIAMI; FURTHER DIRECTING THE CITY CLERK TO FORWARD A COPY OF THIS RESOLUTION TO THE HONORABLE RICHARD L. DUGGER. DIRECTOR, FLORIDA DEPARTMENT OF CORRECTIONS, 1311 WINEWOOD BOULEVARD, TALLAHASSEE, FLORIDA. 32390-2800. WHEREAS, in a civilized society, it is acknowledged that lawbreakers have to be incarcerated to protect other members of society; and WHEREAS, the Miami City Commission realizes the importance of having jails and detention facilities for an effective administration of the State judicial system; and WHEREAS, the location of such facilities in a local community is generally recognized as a burden upon the local community due to the removal of jail properties from the tax rolls of that community; and WHEREAS. there are announced plans for an 1100-bed expansion of the central detention facility of Metropolitan Dade County which is located in the City of Miami; and WHEREAS. there is a proposed 200-bed expansion of the Women's Detention Facility which is also located withiu the City' of Miami; and WHEREAS. there are several State correctional facilities 911, 761 located in the City of Miami, including the State Fore___ggio Hospital; and CITY COMMISSION ' MEETING OF APR SO 1987 w= aL 1377385 or•,.�re. v ra era section,1. Unless and until the other municipalities in Dade County, Florida, accept and discharge their fair share of the economic burden imposed by the location of jail facilities within the boundaries of those municipalities, there should be nc new or expanded jail facilities located in the City of Miami. Section 2. The City Clerk is hereby directed to forward A copy of this resolution to the Honorable Richard L. bugger, Director, Florida Department of Corrections, 1311 Winewood Boulevard, Tallahassee, Florida 32399-2500. PASSED AND ADOPTED this 30th day of 1987. XAVIER L. SUARet, MAYOR ATTEST: MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: � C ROBERT F. CLERK CHIEF DEPUTY CITY ATTORNEY APPROVXD/A S TO FORM AND CORRECTNESS: LUCIA A. DOUG CITY ATTORNEY RFC:bss:M410 9. 1-- 761 8'7-3ee WHEREAS, the policy of the Miami City commission has been aoourately stated in the following: Resolution No. 88-1018, adopted December 11, 1986, entitled: "A RESOLUTION EXPRESSING THE FIRM CONVICTION OF THE MIAMI CITY COMMISSION THAT NO MORE JAILS SHOULD BE BUILT WITHIN MIAMI CITY LIMITS DUE TO THE FACT THAT THERE ARE MULTIPLE JAILS ALREADY LOCATED IN THE CITY OF MIAMI AND BECAUSE FURTHER EXPANSION AND CONCENTRATION OF JAIL FACILITIES IN THE CITY IMPOSES AN UNFAIR AND INEQUITABLE BURDEN ON CITY CITIZENS; FURTHER DIR9CTING THE CITY CLERK TO FORWARD A COPY OF THIS RESOLUTION TO THE DADE COUNTY COMMISSION AND TO JUDGE WILLIAM M. HOEVELER, U.S. DISTRICT COURT IN THE SOUTHERN DISTRICT OF FLORIDA.', and in Motion No. 87-214, adopted February 28, 1987, reading as follows: "A MOTION OF THE CITY OF MIAMI COMMISSION INSTRUCTING THE CITY MANAGER TO SIT DOWN AND NEGOTIATE WITH REPRESENTATIVES OF METRO DADE COUNTY IN CONNECTION WITH PROPOSED AGREEMENT FOR USE OF CITY -OWNED LAND TO CONSTRUCT PROPOSED JAIL FACILITY, MAKING VERY CLEAR TO METRO DADE COUNTY THAT NO MORE JAIL FACILITIES SHALL BE BUILT IN THIS CITY UNTIL -THE REST OF THE CITIES IN DADE COUNTY HAVE CONTRIBUTED BY ASSIMILATING THEIR FAIR SHARE OF SUCH FACILITIES; FURTHER REQUESTING THAT THE COUNTY COMMISSION BE NOTIFIED THAT BEFORE IT PROCEEDS ANY FURTHER WITH PROPOSED PLANS FOR CONSTRUCTION OF SAID FACILITY, THEY SHOULD CONSIDER AND BE VERY CONSCIOUS OF PRESENT ZONATION OF THE WOMEN'S DETENTION CENTER AND THE JAIL FACILITY AT THE CIVIC CENTER SITE; AND FURTHER AUTHORIZING COMMISSIONER MILLER J. DAWKINS TO APPEAR BEFORE THE FLORIDA STATE CABINET IN ORDER TO FULLY APPRAISE THEM IN CONNECTION WITH THIS DISPUTE."; and WHEREAS, there are several other large cities in Dade County which have as yet neither shouldered their burden nor accepted their fair share of contributing to the task of assisting society in the incarceration of lawbreakers; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI. FLORIDA: -2- 8'7-388, �Fyy R section.1. Unless and until the other municipalities in Dade County, Florida, accept and discharge their fair share of the economic burden imposed by the location of jail facilities within the boundaries of those municipalities, there should be nc new or expanded jail facilities located in the City of Miami. Section 2. The City Clerk is hereby directed to forward -a copy of this resolution to the Honorable Richard L. Dugger, Director, Florida Department of Corrections. 1311 Ninewood Boulevard, Tallahassee, Florida 32399-2800. PASSED AND ADOPTED this 30th day of 1987. XAVIER L. SUAREt, MAYOR ATTEST: MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: }� t V � C,( ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY APPROV AS TO FORM AND CORRECTNESS: LUCIA A. DOUG4ERTY CITY ATTORNEY RFC:bss:M410 91- 761 -3- 8'7-386 CIVIC CENTER SITE PROPOSED FOR CORRECTIONAL/GOVERNMENT USE